THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, January 12, 2004
A Regular Meeting of Council was held on Monday, January 12, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke, left @ 2:35 p.m. J. W. McDivitt - Clerk Administrator Deputy Mayor Adele Fairfield S. Fahner - Director of Planning A. Ghikadis - Planner Councillors: C. Mortimer - Deputy Clerk C. Minty - Administrative Assistant Karen Ellis Don Goltz Mary Grady Brian Hare Stewart Martin Ruth Nishikawa Nancy Thompson Ian Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Anne Haines, Municipal Relations Representative, Municipal Property Assessment Corporation (MPAC), attended at 12:10 p.m. Re: Presentation regarding Market Change and Reassessment.
Ms. Haines provided Council with a “Guide to Property Assessment in Ontario” and a copy of her “Municipal Relations Presentation”, a copy of which is attached.
She provided a brief review of MPAC’s roles and representatives. She reviewed the 2004 market change profile and reassessment with respect to the Township of Muskoka Lakes along with comparisons to the area municipalities and the province. She also advised of property value changes from 2001 to 2003 in the Township.
Ms. Hanes answered a number of questions for Council and confirmed that she would provide additional information on sale values for further analysis. She explained that assessments and adjustments are determined by several data factors (i.e. road access / terrain of property / allowable buildings / age of dwelling / no. of accessory buildings / etc.). She also confirmed that a list of these evaluation factors would be provided for Council’s information.
Council Minutes – January 12, 2004 Page #1 Ms. Haines reviewed the legislative requirements through the Ministry of Finance for updating current value assessments on an annual basis. She also informed Council of the different methods of assessment appeal for ratepayers to access.
Mayor Pryke thanked Ms. Haines for her presentation to Council.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on December 8, 2003.
Resolution Number: C-1-01/12/04
Councillor Grady – Councillor Goltz: Be it resolved that the Minutes of the Council Meeting held on December 8, 2003, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting, December 9, 2003.
Councillor Martin reviewed the minutes for Council.
In response to Councillor Fairfield, Mayor Pryke requested that the Development Services Coordinator report on the status of item 4.b. of the minutes (Windermere Community Centre). Councillor Thompson noted that she had discussed this matter with the Hall Board and there does not appear to be any concern with respect to future use of the basement of the facility.
The Clerk Administrator reported that the Foots Bay / Glen Orchard fire truck would be delivered in mid February 2004 (item 5.a. of the minutes).
Councillor Hare felt that item 5.a. of the minutes should reflect that the present system of fire stations determining Station Chiefs and Deputies remain as status quo. Councillor Ellis concurred. This item was referred back to the Management and Services Committee for further discussion.
In response to Councillor Martin’s inquiry, Mayor Pryke reported that the Public Works Superintendent has been investigating dark sky compliant street lighting (item 6.a.1, of the minutes).
Resolution Number: C-2-01/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Minutes of the Management and Services Committee Meeting held on December 9, 2003, be adopted and approved as printed.
Carried.
Council Minutes – January 12, 2004 - Page #2 c. Minutes of the Special Council Meeting held on December 10, 2003.
Resolution Number: C-3-01/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Minutes of the Special Council Meeting held on December 10, 2003, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on December 11, 2003.
Chair Ellis reviewed the minutes for Council.
Resolution Number: C-4-01/12/04
Councillor Hare – Councillor Goltz: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on December 11, 2003, be adopted and approved as printed.
Carried.
4. Disclosure of Conflict of Interest
5. Public Meeting Portion of Council
Other Public Meetings
a. Adjustment of Taxes pursuant to Sections 357 / 358 of the Municipal Act, 2001.
No one attended regarding the adjustment of taxes.
Refer to item 8.a.1., Reports.
Zoning Amendment Applications
a. By-law 2003-155, ZBA-48/03, McFadden, Part Lot 14, Concession A, (Bala), Lot 247, Plan 20, Roll # 7-6-056. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 24 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
Council Minutes – January 12, 2004 - Page #3 • Terry McFadden • Allan Turnbull • Fred and Kim Thompson • Geraldine Lawton • William M. Day • Poul Lawson • James and Eleanor Gilmore • Elizabeth and Richard Deakin
Mr. Terry McFadden, Box 521, Bala, Ontario P0C 1A0 attended the meeting. Mr. McFadden reviewed and circulated photographs of the area and of the subject lands. Mr. McFadden stated that they intend to construct a 408 square foot addition to facilitate office space. He noted that the design would match the existing building. He felt that the proposed addition will not impede the traffic site lines.
Mr. Steve Burdick, Box 37, Bala, Ontario P0C 1A0 attended the meeting on behalf of the Bala United Church. Mr. Burdick felt that the proposal would not be in keeping with the character of the area. He also noted encroachment issues, parking issues, spatial separation, and concerns with damage to the church’s property during the construction phase.
Mr. Dan Goforth, 1014 Kitchener Street, Bala, Ontario P0C 1A0, attended the meeting representing the Bala Urban Design and Strategic Planning Committee in opposition to the application. Mr. Goforth noted his concerns with the proposed addition and felt that it would not be in keeping with the streetscape of the Town of Bala and will have a negative impact. He noted that there are other locations in Bala for commercial occupancy.
Ms. Janet Amos, Chair of the Heritage Committee, RR #6, Bracebridge, Ontario P1L 1X6 attended the meeting with concerns on the application. Ms. Amos stated that the building is on the 2003 Heritage Committee Inventory List. Ms. Amos read a resolution from the January meeting requesting a deferral.
Ms. Linda Jackson-Hutton, Box 1015, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. Ms. Hutton felt that the built heritage should be preserved.
Mr. McFadden stated that the exterior of the building is deteriorating, but is being maintained. He suggested that the Muskoka Lakes Heritage Committee should notify landowners if they are discussing their properties. He noted that the construction would not damage the church’s property. He had approached the church last summer with the proposal. With respect to the encroachment, Mr. McFadden stated that it existed prior to their ownership. They have had previous discussions with Council regarding this matter and noted that this issue should be dealt with.
In answer to Councillor Thompson’s question, Mr. Fahner stated that according By-law 87-87, Portage Street is defined as the front lot line for the subject lands, but the building, in essence, faces the District Road.
In answer to Councillor Nishikawa’s question, Mr. Fahner stated that the proposed addition is too close to the District Road.
Council Minutes – January 12, 2004 - Page #4 In answer to Councillor Hare’s question, Mr. Fahner stated that the majority of the parking would be on this property. Existing parking is taken into consideration, but new parking spaces would have to be entirely on the property. Mr. Fahner stated that there are currently six (6) parking spaces at the rear of the building.
b. By-law 2003-180, ZBA-57/03, Van Iterson, Part of Lot 22, Concession 1 (Medora), Mortimer’s Point Road, Lake Muskoka, Roll # 6-24-066. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 24 days prior.
Photographs of the subject property were circulated.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter received from Doug and Brenda Ferguson. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Bill Van Iterson, 2222 Joanne Avenue, Ottawa, Ontario attended the meeting as agent for the Estate of Van Iterson. Mr. Van Iterson stated that they wish to sell the property and would like to have a dock and a single storey boathouse that would comply with all the by-law requirements. He reviewed the neighbouring shoreline structures for Council. Mr. Van Iterson stated that he had contacted his neighbours, who indicated that they had no concerns with the proposal. The Fergusons only had a concern with the size of the boathouse, not the dock.
No one attended the meeting in support or in opposition to the application.
In answer to Councillor Goltz’s question, Mr. Van Iterson stated that he did not have a problem if Council wishes to define the roofline of the boathouse.
In answer to Councillor Thompson’s question, Ms. Ghikadis stated that an entrance permit would not be permitted on the waterfront parcel. The by-law would recognize frontage for a dock and boathouse only. The main development would be located on the back parcel. The waterfront portion would not be considered a building lot, as it is deficient in area requirements.
c. By-law 2003-181, ZBA-60/03, Ashton, Part of Lot 4, Concession 3 (Wood), Plan 16, Lot 20 & 20A, Bradley Road, Lake Muskoka, Roll # 8-3-011. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 24 days prior.
Council Minutes – January 12, 2004 - Page #5 Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters received from the following people. Ms. Ghikadis read the letter aloud, copies of the letters are attached.
• Stephen, Jerry and Angelina Bassett • Gary and Marie Picton • Donna Weatherall • Stanley and Norma Henderson • Terry Bradley • C.E. Mann • N.B. Henderson, • Harvey and Ruth Bradley
Mr. Dave Samborski, Box 131, Gravenhurst, Ontario P1P 1T5 attended the meeting. Mr. Samborski clarified the merger of the backlot property for Council. They wish to construct a small eight (8) foot wide dock on the waterfront. No pathways are proposed, except for a normal footpath. The septic system and well would be well set back on Lot 20.
Mr Eddy Ashton, 10180 Pine Valley Drive, Oakville, Ontario attended the meeting in support of the application.
Mr. Ted Redpath, Gravenhurst, Ontario P1P 1B7 attended the meeting in support of the application.
Mr. Gary Picton, 1062 Bradley Road, attended the meeting in opposition to the application. Mr. Picton circulated photographs of the waterfront to Council. Mr. Picton noted his concerns with development in the area.
In answer to Councillor Ellis’ question, Mr. Samborski indicated that they could reduce the width of the dock to six feet.
In answer to Councillor Grady’s question, Mr. Fahner stated that in the Waterfront Residential (WR5) portion of the lot, the applicant is permitted 10% lot coverage based on the first 200 feet from the waterfront and only 5% lot coverage in the Rural (Ru2).
In answer to Councillor Martin’s question, Mr. Fahner stated that the calculation of lot coverage is taken from the high water mark but noted that the road width would not be included in the calculations.
In answer to Councillor Hare’s question, Ms. Ghikadis stated that the staircase has not been constructed, it is proposed.
In answer to Councillor Thompson’s question, Mr. Samborski stated that the dock length is proposed at 32 feet and the water depth would be 4 feet at this length. They intend to construct the dock on piles or have a floating dock.
Mr. Samborski stated that all of the proposed buildings would comply with the by- law requirements.
Council Minutes – January 12, 2004 - Page #6 Mr. Fahner stated that lot coverage permitted in the rural portion (zoned Ru2) would be 6500 square feet and 1306 square feet would be permitted in the waterfront portion (zoned WR5).
d. By-law 2003-182, ZBA-62/03, Parsons, Part of Lot 28, Concession 5 (Watt), Plan M-362, Lot 21, Brackenrig Road, Lake Rosseau, Roll # 2-9-060. A copy of the report is attached.
Ms. Ghikadis explained the nature and location of the property/application.
Photographs of the subject property were circulated to Council.
Notice of Public meeting was circulated 24 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of the letters are attached.
• Andrew Robinson • Gregor Robinson • Alva Carrol • Douglas Ross x 2
Mayor Pryke noted that she had received an email from Mr. Doug Ross. Mayor Pryke read the letter aloud, a copy of which is attached.
Mr. Alex Parsons, 113 Chaplin Crescent, Toronto, Ontario M5P 1A6 attended the meeting. Mr. Parsons stated that a dock constructed at 66 feet would be harmful to the fish habitat. He noted that Andrea Doherty of Department of Fisheries and Oceans felt the proposed length and location would have the least impact. Mr. Parsons stated that the Department of Fisheries and Oceans are not receptive to a floating dock, as the shadow will damage the fish habitat. The Coast Guard had indicated there are no navigational issues. He noted that Mr. Parsons, a neighbouring landowner, had requested that no boathouse be constructed. Mr. Parsons stated that a six (6) foot wide dock is acceptable as wheel chair access is important to his family. It will not be visible from the road.
No one attended the meeting in support or in opposition to the application.
In answer to Councillor Nishikawa’s question, Mr. Parson’s stated that the end of the dock is to facilitate the parking of the boat.
In answer to Councillor Wallace’s question, Mr. Parson’s stated that there was a canoe passage under the highway originally, but they have changed the culvert and it is not accessible.
In answer to Councillor Fairfield’s question, Ms. Ghikadis stated that the original shore road allowance is closed.
In answer to Councillor Grady’s question, Ms. Ghikadis stated that the Robinsons owns Lot 23. Mr. Parsons added that Mrs. Robinson had no problem with the proposed dock, but she had suggested that he speak to her son.
Council Minutes – January 12, 2004 - Page #7
6. By-laws
a. By-law 2003-155, McFadden
Councillor Nishikawa requested that the application be deferred for the applicant to redesign the proposal and that additional information be submitted.
Mr. Fahner noted that a number of things could be reviewed as per the District of Muskoka and Heritage Committee comments.
Mr. Fahner stated that the proposal is a difficult application. How much do we want the downtown to be redeveloped? It is a very tight area, however, staff does tend to look favourably at redevelopment of the commercial core to keep the area vital.
Councillor Goltz could not offer his approval in principle, and did not support the application. Councillors Thompson and Martin concurred.
Councillor Wallace agreed that the Heritage Committee should have a chance to comment and requested a deferral of the application.
Councillor Hare felt that this proposal was not good planning, as it is too close to the lot line. Councillor Ellis concurred. Councillor Fairfield could not support the addition moving closer to the District Road with the church tucked in behind.
Councillor Grady supported the comments from Mr. Goforth, as the area is sensitive, is identified in the strategic plan, and will have negative impact. She did not support the application.
Mayor Pryke requested Councillor Fairfield to step in as Deputy Mayor at 1:46 p.m.
Mayor Pryke commented that it is a difficult application. She noted that it is a heritage building but offered her support for commercial improvement.
Mayor Pryke returned to the table at 1:47 p.m.
Councillor Martin requested a recorded vote.
Resolution Number: C-6-01/12/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2003-155, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part Lot 14, Concession A, (Bala), Lot 247, Plan 20, McFadden, 7-6-056, be read a first and second time.
Council Minutes – January 12, 2004 - Page #8 Recorded Vote: NAYS YEAS
Councillor Ellis X Councillor Fairfield X Councillor Goltz X Councillor Grady X Councillor Hare X Councillor Martin X Councillor Nishikawa X Councillor Thompson X Councillor Wallace X Mayor Pryke X
TOTALS: 8 2
DEFEATED.
b By-law 2003-180, Van Iterson
Councillor Martin supported the proposal, provided site plan control is imposed to preserve the trees and the shoreline.
Councillor Fairfield indicated that she would approve of a dock but was not in favour of a boathouse. Councillors Ellis and Thompson concurred.
Councillor Nishikawa supported the proposal with a restriction on the boathouse height of 15 feet and would prefer a boat port.
Councillor Hare could not support a proposal to enhance property value. Councillor Grady concurred.
Mr. Fahner stated that it is difficult to define the deck vs. dock.
Councillor Goltz offered his support for the application.
Mr. Fahner suggested that Council could give the first and second reading and withhold third reading until the site plan control by-law is approved.
Council agreed that the property should be subject to site plan control.
Resolution Number: C-7-01/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2003- 180, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 22, Concession 1 (Medora), Mortimer’s Point Road, Lake Muskoka, Van Iterson, 6-24-066, be read a first and second time.
Carried.
Prior to the third reading, Council agreed to permit a dock only in the waterfront portion of the subject lands.
Council Minutes – January 12, 2004 - Page #9 Resolution Number: C-8-01/12/04
Councillor Goltz – Councillor Hare: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2003-180, (Van Iterson) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Council withheld third reading until a by-law was passed imposing site plan control.
c. By-law 2003-181, Ashton
Councillor Thompson could not support the proposal.
Councillor Ellis offered her support provided the dock is reduced to six feet in width.
Resolution Number: C-9-01/12/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2003-181, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 4, Concession 3 (Wood), Plan 16, Lot 20 & 20A, Bradley Road, Lake Muskoka, Ashton, 8-3-011, be read a first and second time.
Carried.
Prior to the third reading, Council requested that the dock be reduced to six feet in width.
Resolution Number: C-10-01/12/04
Councillor Grady – Councillor Ellis: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2003-181, (Ashton) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
DEFEATED.
Resolution Number: C-11-01/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2003- 181, (Ashton) be read a third time and finally passed.
Carried.
d. By-law 2003-182, Parsons
Councillor Thomspon could not offer support due to the neighbours’ concerns and the dock length.
Councillor Goltz offered his support. He felt that it would be less damaging to the fish habitat.
Council Minutes – January 12, 2004 - Page #10 Councillor Hare did not support the application. He stated that not every waterfront property in the Township of Muskoka Lakes is suitable to house a dock or boathouse.
Councillor Wallace offered his support for the application. He felt the dock would not have a negative visual impact due to the weeds.
Resolution Number: C-12-01/12/04
Councillor Wallace – Councillor Fairfield: Be it resolved that By-law 2003- 182, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 28, Concession 5 (Watt), Plan M-362, Lot 21, Brackenrig Road, Lake Rosseau, Parsons, 2-9-060, be read a first and second time.
DEFEATED.
e. By-law 2003-185, Long
Resolution Number: C-13-01/12/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2003-185, being a by-law to deem Lot 45, M-128, not to be a lot on a plan of subdivision, (Medora), Long, 4-3-060, be read a first and second time.
Carried. Resolution Number: C-14-01/12/04
Councillor Grady – Councillor Goltz: Be it resolved that By-law 2003-185, (Long) be read a third time and finally passed.
Carried.
f. By-law 2004-01, Rates of Interest, By-law 2004-02, Penalty Charges, By-law 2004-03, Interim Levy, By-law 2004-04, Borrowing of Funds
Resolution Number C-15-01/12/04
Councillor Hare – Councillor Goltz: Be it resolved that the following by- laws be read a first and second time.
- By-law 2004-01, being a by-law to establish rates of interest on all arrears of taxes.
- By-law 2004-02, being a by-law to establish a penalty charge for non- payment of current taxes.
- By-law 2004-03, being a by-law to provide for an interim levy.
- By-law 2004-04, being a by-law to borrow funds, if necessary, to meet current expenditures for 2004.
Carried.
Council Minutes – January 12, 2004 - Page #11 Resolution Number C-16-01/12/04
Councillor Goltz – Councillor Grady: Be it resolved that By-law 2004-01, By-law 2004-02, By-law 2004-03 and By-law 2004-04, be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the January 12, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Report from the Treasurer Re: Adjustment of Taxes pursuant to Sections 357 / 358 of the Municipal Act, 2001. A copy of the report is attached.
In response to Councillors Thompson and Nishikawa, the Clerk Administrator explained that item 3. of the list was not a down-zoning of property but a change in use with respect to taxation only.
Resolution Number: C- 5-01/12/04
Councillor Fairfield – Councillor Martin: the January 12, 2004 List of Tax Adjustments pursuant to Sections 357 / 358 of the Municipal Act, 2001 be approved as amended to indicate that item 12. should be in the amount of $1,473.15 and item 13. should be in the amount of $1,761.30.
Carried.
b. Tenders
9. Other Business
a. Verbal report from Mayor Pryke Re: Challenges ahead.
Mayor Pryke read aloud her report entitled “Challenges Ahead”, a copy of which is attached. The report emphasized items of business for the new term of Council including taxation and assessment, waterfront density, accessibility requirements, emergency management, continued development of policies and the completion of projects (i.e. Muskoka Lakes Sports Park, Windermere Washrooms/Changerooms).
Councillor Fairfield agreed that the Township must continue to pursue the removal of education tax from property taxation.
As Mayor Pryke left the meeting at 2:35 p.m., Deputy Mayor Fairfield chaired the remainder of the Council meeting.
10. Mayor’s Report Council Minutes – January 12, 2004 - Page #12
11. Councillors’ Report
a. Councillor Martin reported on the following items.
- District mapping information program update. - Port Carling Memorial Community Centre report. - Received comments regarding Whiteside Road. - Canadian Pacific Railway – plans for re-enactment of first stop in Bala. - Commented on the difference between levels of service for winter road maintenance on District roads and Township roads.
b. Councillor Goltz reported on the following item.
- Received calls regarding the condition of District Road #47 - due to recent weather conditions.
c. Councillor Nishikawa reported on the following item.
- Attended a meeting with septic haulage companies regarding concerns for future disposal areas for septic waste.
Deputy Mayor Fairfield suggested that the Township correspond with the District of Muskoka in this regard.
h. Councillor Thompson reported on the following item.
- District Planning and Economic Development Committee report.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, January 13, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, January 14, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, January 14, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, January 15, 2004 at 9:00 a.m.
13. Council in Closed Session
Council Minutes – January 12, 2004 - Page #13 14. Proceedings By-law
a. Resolution Number: C-17-01/12/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-05, being a by-law to confirm the proceedings of the meeting of Council held on January 12, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-18-01/12/04
Councillor Hare – Councillor Goltz: Be it resolved that this meeting adjourn at 2:45 p.m. and the next regular Meeting of Council will be held on Monday, February 2, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Deputy Mayor Adele Fairfield
Council Minutes – January 12, 2004 - Page #14
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, February 2, 2004
A Regular Meeting of Council was held on Monday, February 2, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: A. Ghikadis - Development Planner C. Mortimer - Deputy Clerk Karen Ellis C. Minty - Administrative Assistant Adele Fairfield N. Donald - Development Services Coordinator Don Goltz L. Troup - Public Works Superintendent Mary Grady Brian Hare Stewart Martin Regrets: Nancy Thompson Ian Wallace Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Interested parties attended at 10:15 a.m. Re: Item 6.a. (By-law 2003-158, Broder).
Refer to item 6.a., By-law 2003-158.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on January 12, 2003.
Resolution Number: C-1-02/02/04
Councillor Goltz – Councillor Hare: Be it resolved that the Minutes of the Council Meeting held on January 12, 2004, be adopted and approved as printed.
Carried.
Council Minutes – February 2, 2004 Page #1 b. Minutes of the Management and Services Committee Meeting, January 13, 2004.
Councillor Martin reviewed the minutes for Council.
Councillor Fairfield requested that the Public Works Superintendent report back to the Management and Services Committee regarding the condition of McKenzie Road with recommendations for resolution (Item 10.b. of the minutes).
Resolution Number: C-2-02/02/04
Councillor Grady – Councillor Ellis: Be it resolved that the Minutes of the Management and Services Committee Meeting held on January 13, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on January 14, 2004.
Resolution Number: C-3-02/02/04
Councillor Thompson – Councillor Wallace: Be it resolved that the Minutes of the Planning Council Meeting held on January 14, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on January 15, 2004.
Councillor Ellis reviewed the minutes for Council.
Councillor Ellis indicated that there is a tentative meeting scheduled for the first week of March, 2004 regarding boathouses. (Item 4.e.i) of the minutes).
Resolution Number: C-4-02/02/04
Councillor Thompson – Councillor Fairfield: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on January 15, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Conflict of Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2003-183, ZBA-65/03, Higgins & Blair, Part of Lot 10, Concession 12 (Watt), Parts 1 & 2, Plan 35R-17072, Skeleton Lake, Roll # 2-21-019-01. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
Council Minutes – February 2, 2004 - Page #2 i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Stewart Higgins, 8 Brendon Road, Toronto, Ontario M4G 2X1 attended the meeting. Mr. Higgins indicated that he had met with the District of Muskoka on Friday, January 30, 2004 at the site. Mr. Higgins stated that he would prefer no future restrictions on the subject lands but if Council wishes to take permitted uses out, he would comply.
Mr. Ed Olson, RR # 1, Utterson, Ontario P0B 1M0 attended the meeting with concerns regarding the location of the storage building. He would not be in support of the structure if it were to be located in or near the wetland.
In answer to Councillor Fairfield’s question, Mr. Fahner stated that staff had no concerns with the building location. He was involved in the initial site visit and stated that the location of the proposed building is outside the wetland area up on top of the hill.
In answer to Councillor Thompson’s question, Mr. Fahner stated that a sleeping cabin is not permitted in the OS2 zone. Anything habitable would have to be located in the WR6 zone. The proposed waterfront density provisions for Skeleton Lake will allow a sleeping cabin on land, but no two storey boathouses.
b. By-law 2003-184, ZBA-66/03, Riordon, Part of Lot 22, Concession D (Medora), Plan M-216, Lot 5, Ham Road, Lake Muskoka, Roll # 6-19-048. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department no objections. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Bruce Cadman • Brian E. Baker, 924540 Ontario Corp., Estate of CN Baker and the Baker Family Cottage Trust
Mr. Mark Patterson, Box 461, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Patterson gave a brief history of the approval given by Planning Committee on December 11, 2003. Mr. Patterson stated that all efforts have been made for the application to be more palatable for Committee as the proposed boathouse will have the effect of less density. They intend to use earth tones and have minimal lighting. The property is well vegetated and they will plant additional trees for buffering. Mr. Patterson stated that the preparation for the docks has begun and they propose to begin to construct the boathouse within the first week of March.
Mr. John Ham, 1005 Ham Road, Box 824, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. Mr. Ham stated that his family has owned Council Minutes – February 2, 2004 - Page #3 property in the area since 1938. He owns Lot 4 to the east of the subject land. Mr. Ham noted that this is a small bay and he would like some control of shoreline development in this area as the intrusion of boathouses is great. He supports the waterfront density initiative. He stated that the by-law should be enforced to its full extent especially when Council is considering a change to the by-law.
In answer to Councillor Hare’s question, Mr. Patterson stated that the deck under the roof is 9 x 14 feet and the deck at the back of the boathouse is 6 x 6 feet which will be used to access the upper floor.
In answer to Councillor Goltz’s question, Ms. Ghikadis stated that the 10 foot wedge of property on Lot 4 is not relevant to this application.
In answer to Councillor Grady’s question, Mr. Fahner stated that if Council denied the application, they could not limit the height. Currently the applicant can construct a single storey boathouse (non-habitable) 25 feet in height.
In answer to Councillor Thompson’s question, Ms. Ghikadis stated that a surveyor prepared the sketch that was submitted with the application and staff would take that to be the most accurate frontage measurement.
Mr. Patterson stated that he felt this was a better option for Committee to consider than having a boathouse that looks like a two storey boathouse.
6. By-laws
a. By-law 2003-158, Broder
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department no objections. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter received from Mr. George Broder. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Cameron, 1125 Kendon Road, Mactier, Ontario P0C 1H0 attended the meeting. Mr. Cameron stated that the small dock has been removed and he had no further concerns.
Mr. Ralph McMullen, submitted photographs to Council showing the removal of the dock.
Resolution Number: C-9-02/02/04
Councillor Grady – Councillor Hare: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2003-158, (Broder) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Prior to the third reading, Council amended the by-law to attach the applicant’s revised proposal as a schedule to the by-law. Resolution Number: C-10-02/02/04
Council Minutes – February 2, 2004 - Page #4 Councillor Hare – Councillor Grady: Be it resolved that By-law 2003-158, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 7, Concession 6, (Medora), Plan 62, Lot 10, Broder, 4-4-073, be read a third time and finally passed.
Carried.
b. By-law 2004-12, Van Iterson
Resolution Number: C-11-02/02/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-12, being a by-law to make lands described as Part of Lot 22, Concession 1, (Medora), subject to site plan control, Van Iterson, 6-24-066, be read a first, second and third time and finally passed.
Carried.
c. By-law 2003-180, Van Iterson
Prior to the third reading, Council amended the by-law to permit a dock only on the waterfront parcel.
Resolution Number: C-12-02/02/04
Councillor Grady – Councillor Ellis: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2003-180, (Van Iterson) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-13-02/02/04
Councillor Grady – Councillor Ellis: Be it resolved that By-law 2003- 180, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 22, Concession 1, (Medora), Van Iterson, 6-24-066 be read a third time and finally passed.
Carried.
d. By-law 2003-183, Higgins & Blair
Resolution Number: C-5-02/02/04
Councillor Wallace – Councillor Thompson: Be it resolved that By- law 2003-183, being a by-law to amend Comprehensive Zoning By- law 87-87, as amended, for lands described as Part of Lot 10, Concession 12 (Watt), Parts 1 & 2, Plan 35R-17072, Skeleton Lake, Higgins & Blair, 2-21-019-01, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. Council agreed to remove the following permitted uses: Agricultural Uses, Forestry Operation, Hunt Camp, and Wayside Pit or Quarry. The main permitted uses are limited to: Conservation Council Minutes – February 2, 2004 - Page #5 and Open Space Recreation.
Resolution Number: C-6-02/02/04
Councillor Fairfield – Councillor Thompson: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2003- 183, (Higgins & Blair) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-7-02/02/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2003- 183, (Higgins & Blair) be read a third time and finally passed.
Carried.
e. By-law 2003-184, Riordon
Councillor Ellis could not offer her support from a one and a half storey boathouse and felt it would be a step backwards in terms of the waterfront density initiative. Councillor Thompson concurred.
Councillor Hare did not support this at Planning Committee, and could not support a one and a half storey boathouse.
Councillor Grady felt that a one and a half storey or a two storey boathouse are the same with regards to impact and could not offer her support.
Councillor Fairfield offered her support. She felt the applicant has met all the requirements that Committee had previously set out. She noted that they could build a boathouse 25 feet in height.
Councillor Martin noted his concerns if it was approved it will set a precedent and could not support the application.
Councillor Hare noted that Committee had agreed to circulate the application but did not give any indications that it would get full support from Council.
In answer to Mayor Pryke’s question, Mr. Donald stated that once a final inspection is completed on a property, and a complaint (if the witness gathers the information legally) was issued regarding a second storey in an alleged one storey boathouse, staff could only investigate properties from the lake and would visually have to see the floor on the second storey. Then charges could be laid.
In answer to Councillor Fairfield’s question, Mr. Donald stated that staff would direct that the plywood be removed from the second floor if it was present.
Resolution Number: C-8-02/02/04
Council Minutes – February 2, 2004 - Page #6 Councillor Thompson – Councillor Wallace: Be it resolved that By- law 2003-184, being a by-law to amend Comprehensive Zoning By- law 87-87, as amended, for lands described as Part of Lot 22, Concession D (Medora), Plan M-216, Lot 5, Ham Road, Lake Muskoka, Riordon, 6-19-048, be read a first and second time.
DEFEATED.
f. By-law 2004-11, Ontario Trillium Foundation, By-law 2004-13, Windermere Washrooms / Change rooms - park purposes, By-law 2004-14, Windermere Washrooms / Change rooms - road purposes, By-law 2004-15, Station Chiefs and Deputy Station Chiefs
With respect to By-law 2004-11, Mayor Pryke read aloud a press release announcing that the Township of Muskoka Lakes will receive funding in the amount of $36,400 from the Ontario Trillium Foundation for the installation of a lift elevator at the Milford Bay Community Centre. A copy of the release is attached.
Councillor Goltz commented that as the community had requested the installation of an elevator at this facility, they will be pleased with this announcement.
The Deputy Clerk confirmed that the estimated project cost was $54,650, with the approved grant being 2/3 of this amount.
The Clerk Administrator explained that as the transfers are complete, the Township must accept these lands into its ownership for park and road purposes (By-law 2004-13 and By-law 2004-14, Windermere Washrooms / Change rooms project).
Councillor Hare requested that By-law 2004-15, being a by-law to appoint Station Chiefs and Deputy Station Chiefs for the Township’s Fire Department be withdrawn and that the Fire Chief submit a report on the recommendations at a future meeting. Council concurred with this request and By-law 2004-15 was withdrawn.
Resolution Number: C-14-02/02/04
Councillor Hare – Councillor Grady – Be it resolved that the following by- laws be read a first and second time.
By-law 2004-11, being a by-law to authorize the Mayor and Clerk Administrator to execute and affix the corporate seal to an agreement between the Township of Muskoka Lakes and the Ontario Trillium Foundation (Milford Bay Community Centre).
By-law 2004-13, being a by-law to accept the dedication of lands for park purposes (Windermere Washrooms / Change rooms).
By-law 2004-14, being a by-law to accept the dedication of lands for road purposes (Windermere Washrooms / Change rooms).
Carried.
Resolution Number: C-15-02/02/04
Councillor Thompson – Councillor Wallace: Be it resolved that By-law 2004-11, By-law 2004-13 and By-law 2004-14, be read a third time and finally passed.
Council Minutes – February 2, 2004 - Page #7 Carried.
7. Correspondence to be Tabled
a. A list of the February 2, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
9. Other Business
a. Consideration of a resolution Re: Community Reinvestment Fund allocation.
Resolution Number: C-16-02/02/04
Councillor Thompson – Councillor Wallace: Be it resolved that the Council of the Township of Muskoka Lakes acknowledges their intent to use the CRF Allocations they will receive for the direct benefit of taxpayers; and accepts the 2004 CRF Allocations in accordance with the terms and conditions (Conditions of Community Reinvestment Fund Allocations) attached to the letter of December 22nd, 2003 from the Deputy Ministers of Finance and Municipal Affairs and Housing to municipal Treasurers/Clerk- Treasurers.
Carried.
b. Report from Mayor Pryke Re: Business arising from District Ad Hoc Taxation Committee. A copy of the report is attached.
Mayor Pryke reviewed her report to Council resulting from the January 20, 2004 Muskoka Ad Hoc Taxation Committee meeting and requested their endorsement of three resolutions as presented.
Councillor Fairfield, who had been a member of the Muskoka Municipal Taxation Tax Force, accepted the recommendation that she represent the Township as a liaison with the Muskoka Fair Tax Coalition. She noted her concern however with the Muskoka Ad Hoc Taxation Committee’s focus on rebates for taxpayers who preserve natural areas of shoreline. She felt that this item should be removed from the list of actions to pursue.
Council agreed that the resolutions be forwarded to the District of Muskoka and the area municipalities.
Resolution Number: C-17-02/02/04
Councillor Thompson – Councillor Fairfield: WHEREAS the average assessment increases across Muskoka are higher than the provincial average;
AND WHEREAS there has been no indication from the Province that it intends to adjust the tax rate for education to compensate for assessment Council Minutes – February 2, 2004 - Page #8 increases;
AND WHEREAS taxpayers in Muskoka sent an additional $3 million to the education system in 2003 than they did in 2002, in spite of a reduction in the provincial tax rate for education;
AND WHEREAS the Province expects municipalities to adjust their tax rates to compensate for increases in assessment in reassessment years;
NOW THEREFORE BE IT RESOLVED THAT the Township of Muskoka Lakes requests that the Province reduce its tax rate for education to neutralize the impact of reassessment.
Carried.
Resolution Number: C-18-02/02/04
Councillor Ellis – Councillor Grady: WHEREAS municipalities across Ontario have expressed dissatisfaction with various elements of the assessment and property classification system;
AND WHEREAS the Municipal Property Assessment Corporation (MPAC) is under increasing scrutiny with regard to quality of service;
NOW THEREFORE BE IT RESOLVED THAT the Township of Muskoka Lakes requests that the Province re-instate public consultation on assessment matters with a view to improving equity and enhancing stability in the taxation system.
Carried.
Resolution Number: C-19-02/02/04
Councillor Hare – Councillor Grady: Be it resolved that the Township of Muskoka Lakes appoint Adele Fairfield as a liaison to the Muskoka Fair Tax Coalition.
Carried.
c. Consideration of resolutions Re: Committee appointments to the Snowmobile Route Committee and the Community Clean-up Committee.
Resolution Number: C-20-02/02/04
Councillor Martin – Councillor Wallace: Be it resolved that the following people be appointed to the Snowmobile Route Committee:
- Brian Hare, Chair, Township - Mary Grady, Township - Doug Cormack, MSR - Len Troup, Township - Kevin Austin, District - Tony White, District
Carried.
Council Minutes – February 2, 2004 - Page #9
Resolution Number: C-21-02/02/04
Councillor Martin – Councillor Wallace: Be it resolved that the following members of Council be appointed to the Community Clean-up Committee:
- Councillor Nancy Thompson - Councillor Karen Ellis - Mayor Susan Pryke
Carried.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services Committee report – Muskoka Lakes / Wahta Community Broadband initiative update. - Mayor’s Golf Tournament - announcement of 2004 charity – Blissymbolics Learning Centre in Bala.
11. Councillors’ Report
a. Councillor Martin reported on the following items.
- District Council meeting report. - Muskoka Airport Committee report – budget considerations.
b. Councillor Fairfield reported on the following items.
- Muskoka Lakes Museum Board report – next meeting - February 2004. - Muskoka Lakes Library Board report - budget process – automation is hoped to be complete by May 2004. - District Community Services Committee report – areas of responsibilities and statistics - a copy of the report is attached. - Muskoka / Parry Sound Health Unit report – update and statistics – a copy of the report is attached. - Commented on McKenzie Road.
c. Councillor Wallace reported on the following items.
- Port Carling Communities in Bloom Committee report - issue of garbage. - Reported on the joint meeting of the Bala and Port Carling Communities in Bloom Committees.
d. Councillor Thompson reported on the following items.
- District Planning and Economic Development Committee report – Budget for Muskoka Tourism, GIS mapping information update, Watershed Council. - District Engineering and Public Works Committee report – Port Carling Locks.
e. Councillor Hare reported on the following items.
- Requested a list of goals from previous priority setting meeting.
Mayor Pryke advised that she would provide this information to Councillor Hare. Council Minutes – February 2, 2004 - Page #10
f. Councillor Goltz reported on the following item.
- Concerns raised regarding snowmobile signage in Port Carling and Mactier.
g. Councillor Grady reported on the following item.
- Bala Strategic Plan Steering Committee meeting minutes.
h. Councillor Ellis reported on the following item.
- Recreational Trails Committee meeting minutes – budget.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, February 3, 2004, at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, February 4, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, February 4, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, February 5, 2004 at 9:00 a.m.
13. Council in Closed Session
14. Proceedings By-law
a. Resolution Number: C-22-02/02/04
Councillor Hare – Councillor Grady: Be it resolved that By-law 2004-16, being a by-law to confirm the proceedings of the meeting of Council held on February 2, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-23-02/02/04
Councillor Grady – Councillor Hare: Be it resolved that this meeting adjourn at 11:20 a.m. and the next regular Meeting of Council will be held on Monday, February 23, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Council Minutes – February 2, 2004 - Page #11
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – February 2, 2004 - Page #12
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, February 23, 2004
A Regular Meeting of Council was held on Monday, February 23, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Deputy Mayor Adele Fairfield J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: A. Ghikadis - Development Planner C. Mortimer - Deputy Clerk Karen Ellis C. Minty - Planning Administrative Assistant Brian Hare Don Goltz Mary Grady Regrets: Stewart Martin Ian Wallace Mayor Susan Pryke - OGRA/ROMA Conference Ruth Nishikawa Nancy Thompson - OGRA/ROMA Conference
1. Meeting Called to Order
a. The meeting was called to order by Deputy Mayor Fairfield at 9:00 a.m.
2. Delegations
3. Adoption of Minutes
a. Minutes of the Council Meeting held on February 2, 2004.
Resolution Number: C-1-02/23/04
Councillor Wallace – Councillor Nishikawa: Be it resolved that the Minutes of the Council Meeting held on February 2, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on February 3, 2004.
Councillor Martin reviewed the minutes for Council.
In response to Councillor Ellis, the Clerk Administrator confirmed that the draft road needs study would be discussed at the next regular meeting of the Management and Services Committee when the Public Works Superintendent would be in attendance.
Council Minutes – February 23, 2004 Page #1 Resolution Number: C-2-02/23/04
Councillor Grady – Councillor Ellis: Be it resolved that the Minutes of the Management and Services Committee Meeting held on February 3, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on February 4, 2004.
Resolution Number: C-3-02/23/04
Councillor Hare – Councillor Grady: Be it resolved that the Minutes of the Planning Council Meeting held on February 4, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on February 5, 2004.
Councillor Ellis reviewed the minutes for Council.
Councillor Ellis stated that a special meeting of Committee regarding boathouses will be held on March 1, 2004 at 9:30 a.m. in the Council Chambers.
Resolution Number: C-4-02/23/04
Councillor Wallace – Councillor Martin: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on February 5, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Conflict of Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-07, ZBA-68/03, Mole, Part of Lot 12, Concessions B & C (Bala), River Street, Moon River, Roll # 7-9-031. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Council Minutes – February 23, 2004 - Page #2 ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Ruth Hansen • Warren Williamson • Lynne Currie • Brenda Daniels • Eleanor McMillan and Family • Frederick M. Ketchen
Mr. Jeffery Mole, Box 815, Bala, Ontario P0C 1A0 attended the meeting. Mr. Mole explained the area’s setbacks and structures and noted that most have inadequate septic systems. He felt his proposal meets all requirements of the Official Plan and the Zoning By-law. He also noted that the proposal would be less than 10% lot coverage. He would remove the stove and beds from the existing dwelling and it would be converted to a personal workshop and garage only. He requested that Council waive the application fees.
No one attended the meeting in support of the application.
Mr. Bruce Paige, 1147 River Street, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. Mr. Paige stated that the sewers for this area would be costly and suggested that the Township have a septic registry. He felt that the applicant should comply with the requirements of the By-law.
In answer to Councillor Nishikawa’s question, Ms. Ghikadis stated that staff has not received any plans on how the dwelling is to be converted. Mr. Mole stated that there is no policy on how the Township enforces conversions. Mr. Fahner stated that it is difficult to control conversion as you can have bathroom facilities and heat in a garage.
Councillor Hare questioned if Mr. Bos has inspected the system. He also indicated that he would not consider this application until approval is given by Mr. Bos. Ms. Ghikadis stated that Mr. Bos had not inspected the property. If approval were given, it would be a requirement of the building permit to upgrade the system if necessary.
Councillor Martin noted his concerns with the amount of frontage on the property. Ms. Ghikadis confirmed it has 112 feet of straight line frontage. She also noted that currently sleeping cabins are not permitted in any Community zones.
In answer to Councillor Nishikawa’s inquiry, Mr. Fahner stated that for previous applications for water or sewer services, the fees have not been refunded.
Mr. Mole stated that he has reviewed the plans with the Building Department and they had indicated that the septic would be fine.
In answer to Councillor Martin’s question, Mr. Fahner stated that there is no information regarding the flood plain line in this area, and to generate this would it be expensive. Mr. Mole stated that the development is located on the highest elevation of the property.
b. By-law 2004-08, ZBA-71/03, Lugsdin, Part of Lot 29, Concession 5, 35R-9053 Parts 5 to 8, (Watt), Heritage Road, Roll # 2-9-048. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Council Minutes – February 23, 2004 - Page #3 Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Lugsdin, 28 Monckland Avenue, Ottawa, Ontario K1S 1Y9 attended the meeting. Mr. Lugsdin stated that the existing development on the lot is modest, the shoreline is maintained in its natural state, and the proposed boathouse would have no impact on neighbouring properties. The proposed cabin is to accommodate a growing family. Photographs were circulated to Committee.
In answer to Councillor Goltz’s question, Ms. Ghikadis confirmed that the original shore road allowance is closed.
c. By-law 2004-09, ZBA-69/03, Jeffery, Part of Lot 31, Concession 9 (Windermere), Plan 35R-16121, Part of Part 1, Lake Rosseau, Roll # 3-2-080. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Terry Martino, Gren Weis Architect, 341 Kerr Street, Oakville, Ontario attended the meeting as agent for the applicant. Mr. Martino circulated and reviewed his presentation with Committee. A copy of the presentation is attached.
Mr. and Mrs. Jim Petit, Box 262, Windermere, Ontario attended the meeting in support of the application.
In answer to Councillor Wallace’s question, Ms. Ghikadis explained the term “freezing of the lots” and noted the minimum lot requirements of today. Mr. Fahner stated that any one could make application for consent in the future. Staff would then bring up the history. The intent is that it should not to be further divided.
In answer to Councillor Nishikawa’s question, Mr. Martino stated that the setback of the porch ranges from 50 feet down to 34 feet from the water due to a dip in the shoreline.
d. By-law 2004-10, ZBA-77/03, Wallace Marine, Part of Lot 24, Concession 11, 35R- 8988 Parts 1, 2 and 3, (Medora), Wallace Marina, Minett, Roll # 4-14-063. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Council Minutes – February 23, 2004 - Page #4 Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that the District had concerns with the conformity to their Official Plan. However, the Ministry of Natural Resources sent correspondence supporting the Environmental Zone (EP1) and the Flood line. A copy of the letter was submitted to staff. She also noted that it would be subject to site plan control.
6. By-laws
a. By-law 2004-07, (Mole)
Councillor Ellis requested guidance from staff regarding an increased front yard setback. Mr. Fahner stated that the draft Community By-law states 35 feet, and the current By-law requirement is 25 feet.
Councillor Hare could not offer his support until the septic requirements are confirmed by Mr. Bos and requested that the application be tabled.
Councillor Martin was not comfortable with the old building remaining, he requested that the application be tabled to discuss with the Building Department how the existing dwelling can be converted. Mr. Fahner stated that this is a grey area. If they wish to construct a workshop we cannot limit the number of rooms etc.
Councillor Martin informed Council that District Council had a further discussion regarding servicing. The Public Works Department had announced that they are in the process of reviewing services in the area. A timeline will be noted in the near future.
Councillor Nishikawa indicated that she would not support the application and felt that the applicant should comply with the current by-law. Councillor Wallace also could not support the application.
Councillor Grady had no problem with increasing setbacks and offered her support. Councillor Goltz concurred.
Resolution Number: C-5-02/23/04
Councillor Hare – Councillor Grady: Be it resolved that By-law 2004-07, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 12, Concessions B & C (Bala), River Street, Moon River, Mole, 7-9-031, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The new dwelling must be a minimum of 35 feet from the high water mark with a maximum lot coverage of 20%.
Council Minutes – February 23, 2004 - Page #5 Resolution Number: C-6-02/23/04
Councillor Ellis – Councillor Grady: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-07, (Mole) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-7-02/23/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004-07, Mole be read a third time and finally passed.
Carried.
b. By-law 2004-08, (Lugsdin)
Resolution Number: C-8-02/23/04
Councillor Grady – Councillor Hare: Be it resolved that By-law 2004-08, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described Part of Lot 29, Concession 5, 35R-9053 Parts 5 to 8, (Watt), Heritage Road, Lugsdin, 2-9-048, be read a first and second time.
Carried.
Resolution Number: C-9-02/23/04
Councillor Nishikawa – Councillor Wallace: Be it resolved that By-law 2004- 08, Lugsdin be read a third time and finally passed.
Carried.
c. By-law 2004-09, (Jeffery)
Resolution Number: C-10-02/23/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004-09, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 31, Concession 9 (Windermere), Plan 35R-16121, Part of Part 1, Lake Rosseau, Jeffery, 3-2-080, be read a first and second time.
Defeated.
Council Minutes – February 23, 2004 - Page #6 d. By-law 2004-10, (Wallace Marine)
Resolution Number: C-11-02/23/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004- 10, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 24, Concession 11, 35R-8988 Parts 1, 2 and 3, (Medora), Minett, Wallace Marine, 4-14- 063, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The hillside area above the 745.5 foot (G.S.C.), currently in the Environmental Protection (EP1) area, is to be rezoned to Community Commercial – Marina (C2). This corrects the zoning on the hillside (which should not have been zoned EP1).
Resolution Number: C-12-02/23/04
Councillor Ellis – Councillor Hare: the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-10, (Wallace Marine) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-13-02/23/04
Councillor Nishikawa – Councillor Wallace: Be it resolved that By- law 2004-10, (Wallace Marine) be read a third time and finally passed.
Carried.
e. By-law 2003-103, (Fraser)
Ms. Ghikadis explained the history, nature and location of the property/application. A copy of the report is attached.
Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Suzanne Jemmel-Freeman • Virginia W. Hamara • Stuart & Cruickshank on behalf of Bernard and Heather Pratt • Orest Rojik, Canadian Pacific Railway
Resolution Number: C-14-02/23/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2003-103, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 34, Concession 8 (Wood), Fraser, 6-10-026, be read a third time and finally passed.
Carried.
f. By-law 2004-22, (Ashton) Council Minutes – February 23, 2004 - Page #7
Resolution Number: C-15-02/23/04
Councillor Wallace – Councillor Martin– Be it resolved that By-law 2004-22, being a by-law to deem Lots 20 and 20A, Plan 16, not to be lots on a Plan of Subdivision, (Wood), Ashton, 8-3-011, be read a first and second time.
Carried.
Resolution Number: C-16-02/23/04
Councillor Grady – Councillor Hare: Be it resolved that By-law 2004-22, Ashton be read a third time and finally passed.
Carried.
g. By-law 2004-24, (Seguin Fire Protection Agreement), By-law 2004-25, (Safe Drinking Water Agreement), By-law 2004-26, (1028045 Ontario Inc. Water Lot), and By-law 2004-27, (Appointment - Heritage Committee)
In response to Councillor Nishikawa, the Clerk Administrator confirmed that the Fire Agreement with Seguin Township was for a three year term.
Resolution Number: C-17-02/23/04
Councillor Hare – Councillor Grady: Be it resolved that the following By-laws be read a first and second time.
By-law 2004-24, being a by-law to authorize the Mayor and Clerk Administrator to execute and affix the corporate seal to a Fire Protection Agreement between the Township of Muskoka Lakes and the Township of Seguin.
By-law 2004-25, being a by-law to authorize the Mayor and Clerk Administrator to execute and affix the corporate seal to a funding agreement between the Township of Muskoka Lakes and the Ministry of Community and Social Services (Safe Drinking Water Act – Glen Orchard, Milford Bay and Raymond Community Centres).
By-law 2004-26, being a by-law to authorize the acceptance of an offer to sell municipal lands 1028045 Ontario Inc. (Water Lot).
By-law 2004-27, being a by-law to establish and appoint members to the Township of Muskoka Lakes Heritage Committee.
Carried.
Resolution Number: C-18-02/23/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004-24, By- law 2004-25, By-law 2004-26 and By-law 2004-27 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
Council Minutes – February 23, 2004 - Page #8 a. A list of the February 23, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
9. Other Business
10. Mayor’s Report
a. Deputy Mayor Fairfield reviewed Mayor Pryke’s report to Council as follows. A copy of the report is attached.
- District Corporate and Emergency Services Committee report – recreational boat fees, tipping fees, budget, denied request for review of district representation, approved resolutions regarding education tax and MPAC. - Watershed Council update.
11. Councillors’ Report
a. Deputy Mayor Fairfield reported on the following items.
- District Community Services Committee report – feasibility study for the Pines, District capital plans, business plan. A copy of the report is attached. - Board of Health report – Acting Medical Officer of Health report, reviewed Board structure for stream-lining, report on neighbouring health units, recruitment committee for health unit CAO.
b. Councillor Hare commented on the procedure followed during the consideration of By-law 2004-09, (Jeffery), item 6.c. above. Councillor Goltz suggested that perhaps this matter could be reconsidered at the next regular meeting of Council.
Staff was instructed to investigate this matter and report back to Council.
c. Councillor Martin reported on the following items.
- Commented on Council representation at District. - District Engineering and Public Works Committee report – Parking at Jug Town (Gravenhurst), sewage lagoons, sewer connection policies, capital forecast.
d. Councillor Wallace reported on the following items.
- MLA Water test report is complete and is available on the MLA website. - ML Heritage Committee report.
e. Councillor Nishikawa reported on the following item.
Council Minutes – February 23, 2004 - Page #9 - Torrance Community Centre report – developing a landscape plan, Lions Club contract.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, February 24, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, February 25, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, February 25, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, February 26, 2004 at 9:00 a.m.
e. Special Management and Services Committee Meeting – A meeting will be held on Thursday, March 4, 2004 at 9:00 a.m. for the 2004 budget deliberations.
13. Council in Closed Session
14. Proceedings By-law
a. Resolution Number: C-19-02/23/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004-28, being a by-law to confirm the proceedings of the meeting of Council held on February 23, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-20-02/23/04
Councillor Grady – Councillor Hare: Be it resolved that this meeting adjourn at 11:30 a.m. and the next regular Meeting of Council will be held on Monday, March 15, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Deputy Mayor Adele Fairfield J. W. McDivitt, Clerk Administrator
Council Minutes – February 23, 2004 - Page #10
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, March 15, 2004
A Regular Meeting of Council was held on Monday, March 15, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: A. Ghikadis - Development Planner C. Mortimer - Deputy Clerk Karen Ellis A. Glazier - Committee of Adjustment Administrator Adele Fairfield Brian Hare Don Goltz Mary Grady Stewart Martin Regrets: Ian Wallace Nancy Thompson Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Terry Martino attended at 9:00 a.m. Re: Items 5.c. and 6.c. of the February 3, 2004 Council meeting minutes, Jeffrey Zoning Amendment Application.
Refer to item 3.a. below, Council meeting minutes (Jeffrey Zoning Amendment Application).
b. Michael Whyte, Consultant, attended at 11:00 a.m. Re: Township of Muskoka Lakes Strategic Visioning Session 2004.
Refer to item 9.c. below, Strategic Vision Report.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on February 23, 2004.
Resolution Number: C-1-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Council Meeting held on February 23, 2004, be adopted and approved as printed.
Carried.
Council Minutes – March 15, 2004 Page #1 Mayor Pryke noted that further to item 11.b. of the minutes, wherein Councillors Hare and Goltz noted their concern with procedures followed during the consideration of By-law 2004-09, (Jeffery), and their noted request for reconsideration, the following resolution was introduced to suspend the rules of procedure to facilitate further discussion regarding the subject application. Mayor Pryke explained that as no written request was submitted in accordance with Section 44(b) of Procedures By-law 95-25, suspending the rules of procedure was necessary to determine clear direction from Council.
Resolution Number: C-2-03/15/04
Councillor Hare – Councillor Martin: Be it resolved that Pursuant to Section 18(b)(4) of the Township’s Procedures By-law #95-25, the Rules of Procedure are suspended to enable Council to discuss Zoning By-law Amendment Application ZBA-69/03, Jeffery.
Carried.
Council showed clear intention to reconsider Zoning By-law Amendment Application ZBA-69/03 (Jeffery) and the following resolution was passed.
Resolution Number: C-3-03/15/04
Councillor Hare – Councillor Goltz: Be it resolved that Resolution #C-10- 02/23/04 be reconsidered.
Carried.
The following resolution was passed to reinstate the rules of procedure.
Resolution Number: C-4-03/15/04
Councillor Martin – Councillor Hare: Be it resolved that Resolution # C-2- 03/15/04 be repealed and that the Rules of Procedure pursuant to Procedures By-law #95-25 are no longer suspended.
Carried.
Mayor Pryke indicated that Council can now reconsider the by-law. It was the consensus to consider this by-law at this stage and Mayor Pryke invited Mr. Terry Martino to address the issues regarding the by-law.
Mr. Terry Martino, Agent, Gren Weis Architect, commented on the impact of the proposal, size of the proposed dwelling and development control.
• The proposed screened porch will have little impact even though the front yard setback has been reduced. The porch is to be located 35 feet from the shore and the dwelling is 50 feet from the shore. The porch is only 190 square feet. The property is heavily treed and the porch will be well screened. Staff concurs the location is appropriate. Photographs were submitted. • The first floor of the dwelling and basement is 2700 square feet. The property is 7.5 acres in area and the proposed lot coverage is 1.7%. This is minimal compared to what could be built on the property.
Council Minutes – March 15, 2004 - Page #2 • Development of the property could be controlled through this by-law by freezing the frontage and area so the property could not be severed. If the property is severed, there is a potential for another dwelling with accessory structures. • Mr. Martino noted that the abutting landowners being the Petits would prefer that the property be “frozen” in order to avoid severance potential.
Mr. Fahner indicated that if the property is severed, this would allow for another dwelling. The property could potentially be severed into three lots. Mr. Fahner commented that the area of the porch is heavily treed, the proposed building could comply by moving it further back, however, some blasting may be required. The “trade off” would be to freeze the lot and allow the exemption in order to reduce the amount of development. Staff initially wanted the cabin removed, however, due to the size of the property, this concern has been alleviated.
Mr. Martino confirmed that if the property were “frozen”, the upcoming severance application would be withdrawn.
Councillor Hare commented that he does not have a concern with the porch as a gazebo is permitted in the front yard. If the structure were to comply by moving the structure back, blasting would be required. Councillor Hare supported the “freezing” of the lot and agreed to keep the cabin.
Councillor Thompson requested a recorded vote.
Resolution Number: C-5-03/15/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2004-09, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 31, Concession 9 (Windermere), Plan 35R-16121, Part of Part 1, Lake Rosseau, Jeffery, 3-2-080, be read a first and second time.
RECORDED VOTE: NAYS YEAS
Councillor Ellis ______X_ Councillor Fairfield ______X_ Councillor Goltz ______X_ Councillor Grady ______X_ Councillor Hare ______X_ Councillor Martin ______X_ Councillor Nishikawa ______Councillor Thompson ______X_ Councillor Wallace ______X_ Mayor Pryke ______X_
TOTALS ______9_
Carried.
Council agreed to a minor amendment prior to third reading. The property is to be “frozen” so there is no severance potential. The by-law should also stipulate the type of buildings that exist.
Council Minutes – March 15, 2004 - Page #3
Resolution Number: C-6-03/15/04
Councillor Hare – Councillor Goltz: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-09, (Jeffery) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-7-03/15/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2004-09, (Jeffery) be read a third time and finally passed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on February 24, 2004.
Councillor Martin reviewed the minutes for Council.
Councillor Thompson noted a spelling typo of the word “Shell” rather than “Schell” in item 2.a. of the minutes.
In answer to Councillor Thompson, Councillor Fairfield informed Council of her response to correspondence received from Mr. Fred Brown regarding McKenzie Road (item 6.a.2. of the minutes).
Resolution Number: C-8-03/15/04
Councillor Hare – Councillor Fairfield: Be it resolved that the Minutes of the Management and Services Committee Meeting held on February 24, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on February 25, 2004.
Mayor Pryke noted that item 1.a. of the minutes should read “Deputy Mayor Fairfield” rather that “Mayor Pryke” as she was not in attendance at the meeting.
Resolution Number: C-9-03/15/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Minutes of the Planning Council Meeting held on February 25, 2004, be adopted and approved as amended.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on February 26, 2004.
Councillor Ellis reviewed the minutes for Council.
Council Minutes – March 15, 2004 - Page #4
Resolution Number: C-10-03/15/04
Councillor Martin – Councillor Wallace: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on February 26, 2004, be adopted and approved as printed.
Carried.
e. Minutes of the Special Management and Services Committee Meeting held on March 4, 2004 to deliberate the 2004 budget.
Councillor Martin reviewed the minutes for Council.
Resolution Number: C-11-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Special Management and Services Committee Meeting held on March 4, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Conflict of Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-18, ZBA-1/04, Brott, Doe, Fawn and Part of Buck Islands, (Monck), Lake Muskoka, Roll # 9-15-071. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior. Photographs were circulated to Council.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
No one attended in support or in opposition to this application.
In answer to Councillor Thompson’s question, the most recent survey, which is dated 1999, indicates that the island is separate.
Councillor Thompson indicated her concern with the septic being pumped under the water. Mr. Fahner commented that a septic permit would be required in order to construct the addition.
b. By-law 2004-19, ZBA-2/04, F.F. Archdekin Limited, Part Lot 34, Concession 2, (Port Carling), District Road 118 (near Pennwood Road), Roll # 5-9-070-02. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior. Council Minutes – March 15, 2004 - Page #5
Submissions received as follows:
i) Letter from F.F. Archdekin Limited. Ms. Ghikadis read the letter and a copy of the letter is attached.
ii) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
iii) Letter from F.B Munroe. Ms. Ghikadis read the letter and a copy of the letter is attached.
Ms. Andrea Kilroy, Box 392, Port Carling, Ontario, P0B 1J0, attended the meeting. Ms. Kilroy is the proposed purchaser of the subject land. Ms. Kilroy already owns property on the other side of Penwood Road and is approximately 27 acres. Ms. Kilroy would like to purchase additional land to use as a pasture for her horse as her existing property is a bush lot.
Ms. Kilroy also commented that there would no entrance off District Road 118 as the corner is too dangerous. A fence would be installed.
No one attended in support or in opposition to this application.
It was confirmed for Councillor Fairfield that the existing zone is Rural (Ru1-S) and could be used for horses so a rezoning may not be necessary. Councillor Fairfield felt the shade shed could comply with the 100 foot setback.
Ms. Kilroy indicated that she would prefer a 50 foot setback as the shade shed would be located east of the creek. The shade shed would no larger than 15’ X 15’ X 10’ high.
Mr. Fahner indicated that a barn is a permitted use and the size of any structure could be restricted to no larger than 20’ X 20’ and the Ru1-S should remain.
Councillor Thompson suggested that a 75 foot setback would be more appropriate.
Ms. Kilroy indicated that with a 75 foot setback and the lot configuration the horse would have to cross the creek. Ms. Kilroy also indicated that she already has a barn on her property and constructing a barn on this property would eliminate pasture area on her existing property.
c. By-law 2004-20, ZBA-3/04, Brown, Part of Lot 27, Concession 10, (Monck), Plan 35R-18104, Parts 1, 2 & 3, Milford Bay, Lake Muskoka, Roll # 9-11-063. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Allan Gordon Brown, 421 Briarhill Avenue, Toronto, Ontario, M5N 1M8 attended the meeting on behalf of his mother. Mr. Brown explained that additional room is Council Minutes – March 15, 2004 - Page #6 required for his mother and a separate building would be more suitable. The proposed cabin will comply with setbacks and a new septic system is to be installed.
No one attended in support or in opposition to this application.
In answer to Councillor Goltz’s question, that if properties in the communities comply with the existing lot of record provision for waterfront lots, cabins will be permitted in the community under the proposed community by-law.
In answer to Councillor Goltz’s question, Mr. Brown indicated there are other cabins in the area. Mr. Brown also confirmed that an addition to the existing dwelling would be too costly and the cabin is located where tree removal would not be required.
It was confirmed for Councillor Thompson that the proposed lot coverage is not an issue.
Councillor Ellis indicated that she knows this property and agreed the cabin is located in the most appropriate area and it would be too costly to renovate the existing dwelling.
d. By-law 2004-21, ZBA-4/04, Firstbrook, Part of Lot 16, Concession 5, (Medora), Parts 2, 4 and 6, Plan 35R-6249, Lake Joseph, Roll # 4-1-011. A copy of the report is attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior. Photographs were circulated to Council.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Randy Bennett, Agent, Box, 155, Utterson, Ontario, P0B 1M0, attended the meeting on behalf of the applicant. Mr. Bennett indicated there is to be no change in the boathouse and additional trees are to be planted. The proposed dwelling is only 1500 square feet and will not be visible. The existing boathouse is oversized. The pitch of the roof makes it look lower and smaller than others in the area.
No one attended in support or in opposition to this application.
Mr. Bennet confirmed for Councillor Fairfield that the existing cabin on land is to be demolished.
6. By-laws
a. By-law 2004-18, (Brott)
In answer to Councillor Thompson’s question, Ms. Ghikadis confirmed that Buck and Doe island are connected with the water lot the applicants own.
Councillor Thompson noted that she has concerns with the septic line crossing the water.
Council Minutes – March 15, 2004 - Page #7 Mr. Fahner indicated that this application could be deferred in order to discuss this matter with Sandy Bos and the applicant, also the applicant may wish to explain the modifications.
Councillor Martin commented that this septic would be similar to those found in boathouses and does not want this application deferred.
Councillor Hare commented that a septic permit would be required for any construction.
Resolution Number: C-12-03/15/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004- 18, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Doe, Fawn and Part of Buck Islands, Lake Muskoka, Brott, 9-15-071, be read a first and second time.
Carried.
Council passed a minor amendment prior to third reading. There was a change in the drawings attached to the by-law.
Resolution Number: C-13-03/15/04
Councillor Wallace – Councillor Fairfield: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-18, (Brott) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-14-03/15/04
Councillor Martin – Councillor Wallace: Be it resolved that By-law 2004-18, (Brott) be read a third time and finally passed.
Carried.
b. By-law 2004-19, (F.F. Archdekin Limited)
Mr. Fahner confirmed that the application was to rezone the property to Rural Residential (RuR), however, the zone should not be changed. The by- law is to also provide an exemption to the setback.
It was confirmed for Councillor Wallace that an entrance would not be permitted off District Road 118 and any entrance would be off the Township road.
Council Minutes – March 15, 2004 - Page #8 Resolution Number: C-15-03/15/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004-19, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part Lot 34, Concession 2, (Port Carling), District Road 118 (near Pennwood Road), F.F. Archdekin Limited, 5-9-070-02, be read a first and second time.
Carried.
Council passed a minor amendment prior to third reading. The property is not be rezoned, the setback from District Road 118 is to be 50 feet and the size of a non-habitable building (shade shed) is not to exceed 20’ X 20’.
Resolution Number: C-16-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-19, (F.F. Archdekin Limited) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-17-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-19, (F.F. Archdekin Limited) be read a third time and finally passed.
Carried.
c. By-law 2004-20, (Brown)
Resolution Number: C-18-03/15/04
Councillor Fairfield – Councillor Hare: Be it resolved that By-law 2004-20, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 27, Concession 10, (Monck), Plan 35R- 18104, Parts 1, 2 & 3, Milford Bay, Lake Muskoka, Brown, 9-11-063, be read a first and second time.
Carried.
Resolution Number: C-19-03/15/04
Councillor Martin – Councillor Wallace: Be it resolved that By-law 2004-20, (Brown) be read a third time and finally passed.
Carried.
d. By-Law 2004-21, (Firstbrook)
Councillor Ellis suggested that if the boathouse is to be rebuilt in the future, the second storey should be no larger than 650 square feet.
Council Minutes – March 15, 2004 - Page #9 Resolution Number: C-20-03/15/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004-21, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 16, Concession 5, (Medora), Parts 2, 4 and 6, Plan 35R-6249, Lake Joseph, Firstbrook, 4-1-011, be read a first and second time.
Carried.
Council passed a minor amendment prior to third reading. In the future, if the boathouse is to be rebuilt, the cabin on the boathouse shall not exceed 650 square feet.
Resolution Number: C-21-03/15/04
Councillor Wallace – Councillor Martin: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-21, (Firstbrook) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-22-03/15/04
Councillor Martin – Councillor Wallace: Be it resolved that By-law 2004-21, (Firstbrook) be read a third time and finally passed.
Carried.
e. By-law 2004-15, (Fire Station Officers), By-law 2004-23, (Collett / Mandarano / Osler), By-law 2004-34, (Bala Farmers Market)
Resolution Number: C-23-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that the following By-laws be read a first and second time.
- By-law 2004-15, being a by-law to appoint Fire Station Officers for the Township of Muskoka Lakes Fire Department.
- By-law 2004-23, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 6, Concession 5, Three Mile Lake, (Watt), designated as Parts 2 and 3 on Plan 35R-19457, Collett / Mandarano, (2-2-068), Osler, (2-2-069).
- By-law 2004-34, being a by-law to authorize the Bala Farmers Market (Muskoka Lakes Chamber of Commerce).
Carried.
Council Minutes – March 15, 2004 - Page #10 Resolution Number: C-24-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-15, By- law 2004-23 and By-law 2004-34 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the March 15, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. SP-3/04, 1229062 Ontario Inc./Crestwood Motel, Lot 28, Lot 29, Concession 3, Part 2, 35R-14756, (Port Carling), Roll # 5-3-089. A copy of the report is attached.
Mr. Ken Anderson attended the meeting
Mr. Fahner circulated a photograph of the property. The main item to consider is storm water management. Pinestone Engineering have indicated that drainage is not a concern. It has not been determined if the parking area should be paved or not. There should be dark sky compliant lighting and an enclosure for the garbage container.
Councillor Hare questioned if there is a clause in the site plan agreement regarding paving in the future.
Mr. Fahner indicated that the ultimate desire would be to pave the parking area, however, Mr. Anderson has indicated that the existing motel may be removed in the future and then the pavement would be damaged.
Councillor Hare indicated there should be a clause in the site plan agreement regarding pavement in the future.
Mr. Anderson indicated that they would eventually pave due to the future development. The parking area in front of the restaurant has been recently paved.
In answer to Mayor Pryke’s question, it can be noted in the minutes that Council wishes to have the area paved and include a certain time limit in the site plan agreement and that securities would also be taken at that time.
It was noted that Council wished to have the paving completed in four years and at that time securities would be taken.
Councillor Goltz indicated that he did not have a concern with paving as there would likely be more runoff with paving as opposed to a dirt/gravel parking area.
Councillor Hare indicated that within the community boundary it is normal to request pavement and we should be consistent.
Council Minutes – March 15, 2004 - Page #11 Resolution Number: C-25-03/15/04
Councillor Ellis – Councillor Hare: Be it resolved that Site Plan SPA- 3/04 (Crestwood Motel) be approved.
Carried.
b. Tenders
1. Consideration of Resolution to accept a proposal for a new telephone system for the Municipal Office.
The Clerk Administrator withdrew this item to allow for additional research.
9. Other Business
a. Minutes of the meeting held on March 1, 2004 regarding boathouses. A copy of the minutes is attached.
Councillor Ellis suggested that further discussion and direction is required regarding Item #4 on Page 3 of the minutes.
It was confirmed that the Home Builders Associated suggested that Mr. Brian Hoar represent the Association. Please refer to Item 9.b. below.
b. Consideration of a resolution Re: Representation on Waterfront Density Committee. This item was referred from item 4. of the March 1, 2004 Boathouse Meeting minutes.
Resolution Number: C-26-03/15/04
Councillor Hare – Councillor Grady: Be it resolved that the following people be appointed to the Waterfront Density Committee:
- Karen Ellis (Chair), Township of Muskoka Lakes - Nancy Thompson, Township of Muskoka Lakes - Stephen Fahner, Township of Muskoka Lakes - Neil Donald, Township of Muskoka Lakes - Samantha Hastings, District of Muskoka - John Shaw, MLA - Madeline Fielding, TMLRA - D’Arcy Dunal, Architect - Lola Bratty, Muskoka Heritage Foundation - Brian Hoar, Homebuilders Association - Mayor Susan Pryke, ex-officio
Carried.
c. Report from Michael Whyte, Consultant Re: Township of Muskoka Lakes Strategic Visioning Session 2004. A copy of the report is attached.
Michael Whyte attended at 11:00 a.m.
Mr. Whyte reviewed his report resulting from the strategic visioning session held on February 9, 2004. The report summarized the Township’s present and future needs and directions as follows:
Council Minutes – March 15, 2004 - Page #12 - SWOT (Strengths, Weaknesses, Opportunities, Threats) - Vision - Goals - Initiatives - Strategic Work plan
He explained that the Strategic Work Plan had been divided into two categories, one for Council and one for staff. The next step is to prioritize and identify deliverables and target dates for action by Council and Staff. Mr. Whyte stated that he would assist Council with setting targets.
Council agreed to schedule a meeting with Mr. Whyte to identify targets for the strategic work plan.
Mayor Pryke thanked Mr. Whyte for his report and expressed Council’s appreciation for his efforts.
d. Report from Mayor Pryke Re: ROMA/OGRA Conference. A copy of the report is attached.
Mayor Pryke noted that since their meeting with the Hon. Rick Bartolucci, Minister of Northern Development and Mines, regarding the Port Sandfield docks, she has received positive feedback from the Ministry regarding possible funding for an engineering study.
Councillor Fairfield commented on Muskoka’s lead efforts in tax reform with respect to the delegates meeting with Mike Colle, Parliamentary Assistant to the Minister of Finance.
e. Report from Councillor Thompson Re: ROMA/OGRA Conference. A copy of the report is attached.
Councillor Thompson highlighted her report on her attendance at the ROMA/OGRA Conference including the New 3R’s: “Responsibilities Require Resources”. At the conference she gathered several items of resource material and has them available for Council and staff.
10. Mayor’s Report
a. Mayor Pryke reported on the following items.
- District Corporate and Emergency Services Committee report – presentation of the OPP’s 2004 Business Plan, a copy of which is attached. Population statistics were also provided, a copy of which is attached.
Council Minutes – March 15, 2004 - Page #13 11. Councillors’ Report
a. Councillor Grady reported on the following items.
- Met with Blissymbolics Centre in Bala regarding the Mayors Golf Classic. - Bala Community Centre Hall Board report – request for public winter washroom facilities in Bala. - Met with the Bala Firefighters – reported on the demonstration of a Thermal Imaging Camera noting its capabilities.
Mayor Pryke stated that a written request had been submitted by the Bala Firefighters Association requesting the Township to purchase a camera while allowing the Firefighters to carry out fundraising for the purchase. This request was referred to the budget deliberations.
In response to Councillor Grady’s inquiry, Council declined a demonstration of the camera as they were confident in the firefighters opinion.
b. Councillor Thompson reported on the following items.
- District Planning and Economic Development Committee report – selected zoning criteria and affordable housing. A copy of the hand outs are attached. - District Engineering and Public Works Committee report – District water works report. A copy of the hand out is attached.
c. Councillor Wallace reported on the following item.
- Attending Port Carling Communities in Bloom Committee meeting.
d. Councillor Fairfield reported on the following items.
- Muskoka Lakes Library Board report – budget submitted to Township – commended Chief Librarian Betty Glen for her efforts. - District Community Services Committee report – business plan options, 3 year forecast, children’s services. A copy of the report is attached.
e. Councillor Martin reported on the following items.
- Muskoka Airport Committee report – Norwegian Memorial Project, new business opening at the airport. - District Engineering and Public Works Committee report – repairs to the Port Carling Locks were approved. - Attending Muskoka Lakes Chamber of Commerce meeting. - Attended Muskoka Lakes Wahta Broadbrand Project meeting. - Port Carling Memorial Community Centre Hall Board report.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, March 16, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, March 17, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, March 17, 2004 immediately following the Committee of Adjustment.
Council Minutes – March 15, 2004 - Page #14 d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, March 18, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss personal and legal matters.
Resolution Number: C-27-03/15/04
Councillor Wallace – Councillor Martin: Be it resolved that Council convene in Closed Session to discuss personal and legal matters.
Carried.
Resolution Number: C-28-03/15/04
Councillor Martin – Councillor Wallace: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
14. Proceedings By-law
a. Resolution Number: C-29-03/15/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-39, being a by- law to confirm the proceedings of the meeting of Council held on March 15, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-30-03/15/04
Councillor Hare – Councillor Ellis: Be it resolved that this meeting adjourn at 12:32 p.m. and the next regular Meeting of Council will be held on Monday, April 5, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – March 15, 2004 - Page #15
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, April 5, 2004
A Regular Meeting of Council was held on Monday, April 5, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk C. Minty - Administrative Assistant Karen Ellis S. Boss - Septic System Inspector Adele Fairfield Brian Hare Don Goltz Mary Grady Stewart Martin Ian Wallace Nancy Thompson Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Mr. Jeff Mole, 1155 River Street, Box 815, Bala, Ontario P0C 1A0 attended the meeting at 10:08 a.m.
Mr. Mole requested that Council pass two motions; to amend Section 7.37 of By-law 87-87; and repeal By-law 2004-07. He felt that By-law 2004-07 might have a negative environmental impact as the site plan was well thought out and conforms to all the By-law requirements. The intent of the by-law is that new habitable structures should be hooked up to servicing and all properties within the Urban Centre can be connected. Mr. Mole read a letter aloud from the District of Muskoka dated February 18, 2004. He requested that the Township policies be more reflective of the Provincial policies and felt that Section 7.37 of By-law 87-87 discourages development. Mr. Mole requested that the by-law be amended to permit infilling of a minor low-effluent producing nature where full services are not available and a private waste disposal system can be accommodated on the lot.
Mayor Pryke indicated to Mr. Mole that Council cannot deal with By-law 2004-07 as it is now with the Ontario Municipal Board.
Councillor Fairfield suggested that Mr. Mole should be active and involved in the process of changing By-law 87-87, but at this time Council cannot change this without going through the process. 3. Adoption of Minutes Council Minutes – April 5, 2004 Page #1
a. Minutes of the Special Council Meeting held on March 11, 2004.
Resolution Number: C-1-04/0504
Councillor Thompson – Councillor Nishikawa: Be it resolved that the Minutes of the Special Council Meeting held on March 11, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Council Meeting held on March 15, 2004.
Resolution Number: C-2-04/05/04
Councillor Wallace – Councillor Fairfield: Be it resolved that the Minutes of the Council Meeting held on March 15, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Special Council Meeting held on March 15, 2004.
Resolution Number: C-3-04/05/04
Councillor Goltz – Councillor Hare: Be it resolved that the Minutes of the Special Council Meeting held on March 15, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Management and Services Committee Meeting held on March 16, 2004
Councillor Martin reviewed the minutes for Council.
In response to Councillor Martin, Councillor Hare advised that he had contacted the Snowmobile Region regarding item 6.a.2. of the minutes (accessing properties by snowmobile on Township road allowances).
In answer to Councillor Thompson’s question, Mayor Pryke advised that the MNR nuisance bear survey had been completed and submitted (item 4.j. of the minutes).
Resolution Number: C-4-04/05/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Management and Services Committee Meeting held on March 16, 2004, be adopted and approved as printed.
Carried.
e. Minutes of the Planning Council held on March 17, 2004.
Councillor Thompson noted that she was present at the Planning Council meeting.
Council Minutes – April 5, 2004 - Page #2 Resolution Number: C-5-04/05/04
Councillor Fairfield – Councillor Wallace: Be it resolved that Minutes of the Planning Council Meeting held on March 17, 2004, be adopted and approved as amended.
Carried.
f. Minutes of the Planning and Community Development Committee Meeting held on March 18, 2004.
Councillor Ellis reviewed the minutes for Council.
Resolution Number: C-6-04/05/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on March 18, 2004, be adopted and approved as printed.
Carried.
g. Minutes of the Special Council Meeting held on March 25, 2004.
Resolution Number: C-7-04/05/04
Councillor Hare – Councillor Goltz: Be it resolved that Minutes of the Special Council Meeting held on March 25, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Conflict of Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-32, ZBA-5/04, Bell Estate, Part of Lot 18 &19, Concession D (Medora), Acton Island Road, Acton Island, Roll # 6-20-019-02. A copy of the report was attached to the agenda.
Mr. Fahner explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior. Photographs were circulated.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating no objection in principal to the application that is currently proposed. A copy of the letter is attached.
Ms. Mary Tannahill, Box 539, Bala, Ontario, P0C 1A0 attended the meeting as executrix of the estate. Her brother, David Bell who is also executor of the estate, wishes to construct a small cottage on the subject lands.
No one else attended the meeting.
Council Minutes – April 5, 2004 - Page #3 In answer to Councillor Nishikawa’s question, Mr. Fahner indicated that the Township does not have a requirement for the access to a property but noted that they must have frontage on a year round maintained road.
In answer to Councillor Thompson’s question, Mr. Fahner stated that the existing lot of record provision applies to the subject lands and no new lots are being created. It was confirmed for Mayor Pryke that site plan control is not as critical to the subject lands as it is for waterfront lots but it is good for vegetation retention.
Mr. Fahner reviewed the site plan process for Ms. Tannahill. Ms. Tannahill stated that the lot is very dense with trees and noted that the development will be located close to Acton Island road.
b. By-law 2004-33, ZBA-6/04, Mintz, Island “K”, Lake Muskoka (Wood), Roll # 6-27- 034. A copy of the report was attached to the agenda.
Mr. Fahner explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior. Photographs were circulated.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.
Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended as agent for the applicant. Ms. Doyle circulated and reviewed photographs with Council. She noted that the property is well vegetated, there will be no visual impact due to the size of the frontage, and only a small amount of vegetation will be removed. She felt that this is appropriate development for an island property. The closest neighbours are far away and Hardy Lake Provincial Park is located near this island.
No one attended the meeting in support or in opposition to the application.
Council had no questions.
6. By-laws
a. By-law 2004-32, (Bell Estate)
Resolution Number: C-8-04/05/04
Councillor Grady – Councillor Ellis: Be it resolved that By-law 2004- 32, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 18 &19, Concession D (Medora), Acton Island Road, Acton Island, Bell Estate, 6-20-019- 02, be read a first and second time.
Carried.
Resolution Number: C-9-04/05/04
Council Minutes – April 5, 2004 - Page #4 Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004- 32, (Bell Estate) be read a third time and finally passed.
Carried.
b. By-law 2004-33, (Mintz)
Mr. Fahner stated that the applicants are entitled to a boathouse 25 feet in height. Council may wish to limit the height if they do not want a two storey boathouse. Councillor Hare concurred with Councillor Martin and suggested the boathouse be limited to 16 feet in height. Councillor Grady concurred, as she does not want the boathouse to become habitable.
Resolution Number: C-10-04/05/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004-33, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Island “K”, Lake Muskoka (Wood), Mintz, 6-27-034, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The boathouse is limited to 16 feet in height and cannot be used for human habitation.
Resolution Number: C-11-04/05/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-33, Mintz, and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-12-04/05/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that By-law 2004-33, (Mintz) be read a third time and finally passed.
Carried.
c. By-law 2004-49, (Lockhart)
Resolution Number: C-13-04/05/04
Councillor Hare – Councillor Goltz: Be it resolved that By-law 2004- 49, being a by-law to deem Lot 5, Plan M-501, (Wood) not to be a lot on a Plan of Subdivision, Lockhart, 8-17-081-05, be read a first, second, and third time and finally passed.
Carried.
Council Minutes – April 5, 2004 - Page #5 d. By-law 2004-31, (1386 Rostrevor Road Limited), By-law 2004-50, (Council Remuneration), By-law 2004-51, (Robert Johnston Road and Halls Road)
By-law 2004-51, (Robert Johnston Road and Halls Road)
Councillor Ellis inquired regarding by-laws for weight restrictions on municipal roads.
Councillor Martin reported that the authority for weight restriction is under provincial legislation (Highway Traffic Act). The District of Muskoka is presently in the process of requesting the province to review load limits on roads. The Clerk Administrator advised that staff would review this matter further.
The Clerk Administrator confirmed that the Municipal Act allows municipalities to pass by-laws to remove and restrict the common law right of passage by the public over a highway.
By-law 2004-50, (Council Remuneration)
In response to Councillor Fairfield, the Deputy Clerk confirmed that the remuneration by-law, as presented, includes that one-third of the remuneration paid to Council members is deemed as expenses.
Resolution Number: C-14-04/05/04
Councillor Grady – Councillor Ellis: Be it resolved that the following By-laws be read a first and second time.
By-law 2004-31, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 32, Concession 10, Lake Rosseau, (Watt), designated as Part 1 on Plan 35R-20065, 1386 Rostrevor Road Limited, (2-24-054).
By-law 2004-50, being a by-law to authorize the payment of remuneration to the Mayor and Members of Council of the Township of Muskoka Lakes.
By-law 2004-51, being a by-law to prohibit vehicles for weight restrictions on Robert Johnston Road and Halls Road within the Township of Muskoka Lakes.
Carried.
Resolution Number: C-15-04/05/04
Councillor Grady – Councillor Ellis: Be it resolved that By-law 2004-31, By- law 2004-50 and By-law 2004-51 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the April 6, 2004 Tabled Correspondence is attached for Council’s information.
Council Minutes – April 5, 2004 - Page #6 8. Department Head Reports and Tenders
a. Department Head Reports
1. Verbal report from the Director of Planning Re: SP-9/04, 1389770 Ontario Inc./ Snooty Fox, Lot 31, Concession 4, Lot 27, Plan 1, (Port Carling), Roll # 5-3-039.
Mr. Fahner explained the history, nature and location of the application. The applicant has submitted a stormwater management plan (by Dearden and Stanton). Paving, lighting (dark sky compliant), and landscaping is shown on the site plan, however, staff have not received anything regarding the retaining wall. It was also noted that securities would be taken by way of a letter of credit.
Resolution Number: C-16-04/05/04
Councillor Ellis – Councillor Grady: Be it resolved that Council approves Site Plan SP-9/04 subject to securities for stormwater management, landscaping and parking lot paving.
Carried.
2. Report from the Clerk Administrator Re: 2004 Budget. A copy of the report is attached. ADOPTION OF THE 2004 BUDGET.
Mayor Pryke commended Council and staff for their due diligence in achieving a modest increase of 5.6% on the Township general levy. A press release was distributed announcing the approval of the budget and providing impact information on property taxes.
Councillor Thompson noted that 4.2% of the increase was a direct result of mandatory legislative requirements for the new water testing program.
Resolution Number: C-17-04/05/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the 2004 budget for the Township of Muskoka Lakes be adopted as set out in the report from the Clerk Administrator dated April 5, 2004, with a general levy of $4,716,428.00.
Carried.
b. Tenders
9. Other Business
a. Consideration of resolution to request funding assistance for Medical First Response Calls by the Township of Muskoka Lakes Fire Department.
This item was referred from item 4.d of the March 25, 2004 Special Council meeting minutes.
Resolution Number: C-18-04/05/04
Council Minutes – April 5, 2004 - Page #7 Councillor Fairfield – Councillor Wallace: Be it resolved that WHEREAS paramedic response falls within the jurisdiction of the District of Muskoka through its Land Ambulance service
AND WHEREAS Muskoka EMS relies on Township of Muskoka Lakes firefighters to provide medical first response in areas where the ambulance cannot reach patients in as timely a manner as the fire department
AND WHEREAS 85 per cent of all calls to the Township of Muskoka Lakes fire department are for medical first response
AND WHEREAS the District’s honorarium of $175 per medical first response call does not cover the costs of training for medical first responders, nor the changing equipment needs of the fire department
NOW THEREFORE BE IT RESOLVED THAT the Township of Muskoka Lakes requests the District of Muskoka to reimburse the Township of Muskoka Lakes for the training costs for medical first responders
AND FURTHER THAT this resolution be forwarded to MPP Norm Miller for his support.
Carried.
Council instructed staff to calculate and forward actual costing for medical first response including equipment and training along with the resolution.
b. Consideration of resolution Re: Waterfront Density Committee.
Correspondence from the Muskoka & Haliburton Association of Realtors was distributed requesting that the Township consider appointing Karen Flood, Realtor, as a participating member of the Waterfront Density Committee, a copy of which is attached.
This correspondence was submitted as a result of discussions held at the March 17, 2004 Planning Council meeting (item 6.c. of the minutes).
Council agreed to maintain the status quo however, indicated that the Committee would receive a delegation or submission from the real estate association. They were also welcome to attend the meetings for information purposes.
Resolution Number: C-19-04/05/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that resolution number C-26-03/15/04 passed by Council on March 15, 2004 be amended to appoint Karen Flood to the Waterfront Density Committee representing the Muskoka & Haliburton Association of Realtors.
Defeated.
Mayor Pryke noted that the next meeting was scheduled for April 13, 2004 at 10:00 a.m. in the Council Chambers.
Council Minutes – April 5, 2004 - Page #8 c. Consideration of resolution Re: Bell Mobility Tower.
This matter was referred from item 4.f.i. of the March 18, 2004 Planning and Community Development Committee meeting minutes.
Resolution Number: C-20-04/05/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that Council has no objection to the reconstruction of the Bell Mobility Tower on Highway 141.
Carried.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- Meeting with the Ministry of Finance – Mayor Pryke and Councillor Fairfield met with the Province on issues of taxation and assessment. A press release was distributed, a copy of which is attached. - Open House Meeting held regarding Aston Resort sewage system. - A petition was tabled regarding the condition of Russ Hammell Road – it was noted that this road is included in the 2004 budget. - It was noted that some seasonal roads have been damage due to winter maintenance. - MTMA – looking for volunteers for the Premier Ranked Destination Program – meeting at the District on April 16, 2004.
Councillor Martin, Chamber of Commerce Liaison, volunteered to attend the Destination Program meeting. Vernon Heeneman, who was in attendance, also volunteered to participate as president of the Chamber of Commerce.
Council referred the matter of winter maintenance of seasonal roads to a future Management and Services Committee meeting for further discussion.
Mayor Pryke and Councillor Fairfield commented favourably on their consultation with the Ministry of Finance regarding taxation and assessment issues.
11. Councillors’ Reports
a. Councillor Thompson reported on the following items.
- District Council - 2004 District budget was approved. - District Engineering & Public Works Committee - Delegation by Muskoka Home Builders Association re: Reduced load restrictions. - District Planning & Economic Development Committee – White Paper on watershed based source protection – Muskoka Water Management Plan. - Attended Steering Committee meeting for Bala’s Strategic Plan. - Noted letter from the Ontario Civilian Commission on Police Services.
Council Minutes – April 5, 2004 - Page #9 b. Councillor Nishikawa reported on the following items.
- Expressed concerned regarding calls received as a result of the recent newspaper article re: Walkers Point Fire Hall. - Expressed concern due to another rupture in the sewer lines on Windsor Drive, Bala.
Councillor Nishikawa reported that another rupture in the sewer line on Windsor Drive in Bala had occurred. As this is not the first time, area residents are upset. She recommended that the Township request the District to replace this system so that it does not occur again in the future.
Mayor Pryke noted that letters had been received today from Allison and Ross Davidson, Pat and Richard Lloyd and Robert Watt expressing concern and requesting immediate attention to permanently resolve this matter.
This matter was referred to the April 7, 2004 Planning Council meeting for consideration of an appropriate resolution.
c. Councillor Wallace reported on the following items.
- Attended the Northern Fire Education Conference (April 1 to 4, 2004) – a report will be forthcoming. - Port Carling Communities in Bloom – working with District staff regarding the landscaping at the Port Carling Island Park.
d. Councillor Fairfield reported on the following item.
- Muskoka Lakes Library Board – staff will be undergoing three days of training for the new automation of the book system – aiming for September 2004 for complete automation.
e. Councillor Martin reported on the following items.
- Muskoka Airport Committee report. - District Engineering & Public Works Committee – Port Carling Locks Park landscape work tender – Reduced load restrictions - weighted wage rates. - Muskoka Lakes Chamber of Commerce report. - Port Carling Memorial Community Centre Hall Board report.
Councillor Martin noted that the Township should review the weighted wage rates collected from the District.
f. Councillor Ellis reported on the following item.
- Community Clean-up Committee met with community groups regarding the May 1, 2004 event.
g. Councillor Grady reported on the following items.
- Commented on the ruptured sewer line on Windsor Drive, Bala. - Steering Committee for Bala’s Strategic Plan report - priority setting stage, costing.
h. Councillor Goltz reported on the following item.
- Reported on the Northern Fire Education Conference (April 1 to 4, 2004).
Council Minutes – April 5, 2004 - Page #10
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, April 6, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, April 7, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, April 7, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, April 8, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss personal and legal matters.
Resolution Number: C-21-04/05/04
Councillor Hare – Councillor Goltz: Be it resolved that Council convene in Closed Session to discuss personal and legal matters.
Carried.
Resolution Number: C-22-04/05/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
14. Proceedings By-law
a. Resolution Number: C-23-04/05/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-52, being a by- law to confirm the proceedings of the meeting of Council held on April 5, 2004, be read a first, second and third time and finally passed.
Carried.
Council Minutes – April 5, 2004 - Page #11 15. Adjournment
a. Resolution Number: C-24-04/05/04
Councillor Goltz – Councillor Hare: Be it resolved that this meeting adjourn at 11:55 a.m. and the next regular Meeting of Council will be held on Monday, April 26, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – April 5, 2004 - Page #12
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, April 26, 2004
A Regular Meeting of Council was held on Monday, April 26, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning C. Mortimer - Deputy Clerk Councillors: A. Ghikadis - Development Planner C. Minty - Administrative Assistant Karen Ellis Adele Fairfield Brian Hare Don Goltz Mary Grady Stewart Martin Ian Wallace Nancy Thompson Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Bill Barber / Jeffrey Browne to attend at 9:00 a.m. Re: April 8, 2004 Planning and Community Development Committee meeting minutes, item 4.a.iii), below, Browne Zoning By-law Amendment Application.
Mr. Barber attended the meeting as agent for the applicant. Mr. Browne could not attend the meeting. Mr. Barber stated that the abutting lot is vacant and is owned by Mrs. Browne. They do not want to add these lands to the subject property, but wish to add a second floor to the existing boathouse. They also wish to move the second boathouse onto Mrs. Browne’s property and construct a main dwelling on those lands.
Mr. Fahner stated that staff had not received any amendments in writing. Staff recommended that Council deny the application, as it is not a minor proposal and the applicant could reapply if they wish.
In answer to Councillor Fairfield’s questions, Mr. Fahner stated that a new application and fees would be taken unless Council wishes the proposal to be removed from the minutes and dealt with at Planning Committee. Unless the amendments to an application are minor, the application should be denied. 3. Adoption of Minutes Council Minutes – April 26, 2004 Page #1
a. Minutes of the Council Meeting held on April 5, 2004.
Resolution Number: C-1-04/26/04
Councillor Thompson – Councillor Wallace: Be it resolved that the Minutes of the Council Meeting held on April 5, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on April 6, 2004.
In reference to items 2.a. and 4.a. of the minutes (Oviinbyrd Golf Course / MTO lands) and the staff report indicated as item 8.a.1., below, the following resolution was presented for consideration.
Councillor Fairfield requested a recorded vote.
Resolution Number: C-2-04/26/04
Councillor Martin – Councillor Ellis: Be it resolved that Resolution Number MSC-1-04/06/04 passed by the Management and Services Committee on April 6, 2004 be withdrawn from the minutes and voted on separately.
Recorded Vote: Nays Yeas
Councillor Ellis X Councillor Fairfield X Councillor Goltz X Councillor Grady X Councillor Hare X Councillor Martin X Councillor Nishikawa X Councillor Thompson X Councillor Wallace X Mayor Pryke X __
Totals 4 6
Carried.
After a long discussion on the pros and cons of the Township acquiring the property, resolution number MSC-1-04/06/04, which was passed by the Management and Services Committee on April 6, 2004, was reconsidered.
Councillor Martin requested a recorded vote.
Council Minutes – April 26, 2004 - Page #2 Resolution Number: C-3-04/26/04
Councillor Ellis – Councillor Martin: Be it resolved that the Management and Services Committee recommend to Council that the Township of Muskoka Lakes has no objection to the sale of the Provincially owned lands (4-5-097- 01 and 4-5-100-04) to the Oviinbyrd Golf Course subject to the following conditions:
- That guaranteed usage of the lands be maintained for recreational trails and snowmobile trails.
- That guaranteed access to the five acre parcel of Township-owned land be maintained via an easement in favour of the Township reserved by the Province.
- That a one foot reserve to be owned by the Township be put in place.
Recorded Vote: Nays Yeas
Councillor Ellis X Councillor Fairfield X Councillor Goltz X Councillor Grady X Councillor Hare X Councillor Martin X Councillor Nishikawa X Councillor Thompson X Councillor Wallace X Mayor Pryke __ X
Totals 6 4
Defeated.
Refer to item 8.a.1. Reports, for consideration of a resolution.
Councillor Martin reviewed the minutes for Council.
Further to Councillor Nishikawa’s request, staff was instructed to review and report back on the use of the municipal dock by the Torrance/Walkers Point Fire Station (item 5.b. of the minutes).
Resolution Number: C-4-04/26/04
Councillor Ellis – Councillor Hare: Be it resolved that the Minutes of the Management and Services Committee Meeting held on April 6, 2004, be adopted and approved as amended.
Carried.
Council Minutes – April 26, 2004 - Page #3 c. Minutes of the Planning Council Meeting held on April 7, 2004.
Resolution Number: C-5-04/26/04
Councillor Hare – Councillor Ellis: Be it resolved that the Minutes of the Planning Council Meeting held on April 7, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on April 8, 2004.
Councillor Ellis reviewed the minutes for Council.
Council briefly discussed item 4.a.iii), Browne, and could not support a change in the decision.
Resolution Number: C-6-04/26/04
Councillor Wallace – Councillor Thompson: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on April 8, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Conflict of Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-44, ZBA-10/04, Klugman, Part of Lot 43, Concession 7, 35R-14788, Part 3, (Medora/Wood), Roll # 6-10-055-05. A copy of the report is attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
No submissions were received.
Photographs were circulated to Council.
Mr. Iain Klugman, 1625 Wedmore Way, Mississauga, Ontario L5J 2J7 attended the meeting. Mr. Klugman stated that they had constructed a sleeping cabin unaware of the construction sequence and had no intention of breaking any by-laws. He noted that the cabin is 12 feet X 16 feet.
No one attended in support or in opposition to the application.
In answer to Councillor Thompson’s question, Mr. Klugman stated that there is a loft in the sleeping cabin and a building permit is not required for the privy.
Council Minutes – April 26, 2004 - Page #4 In answer to Councillor Goltz’s question, Mr. Klugman stated that the cabin was constructed in the fall.
In answer to Councillor Grady’s question, Mr. Klugman stated that building permit applications for the septic system and the dwelling have been submitted to the Building Department and are waiting for approval.
6. By-laws
a. By-law 2004-44, (Klugman)
Resolution Number: C-7-04/26/04
Councillor Ellis – Councillor Hare: Be it resolved that By-law 2004- 44, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 43, Concession 7, 35R-14788, Part 3, (Medora/Wood), Klugman, 6-10-055-05, be read a first and second time.
Carried.
Resolution Number: C-8-04/26/04
Councillor Fairfield – Councillor Martin: Be it resolved that By-law 2004-44, (Klugman) be read a third time and finally passed.
Carried.
b. By-law 2003-157, (Manion)
Council agreed to allow the applicant’s agent and interested parties a chance to voice their opinions.
Mr. Fahner reviewed the location and the history of the application with Council.
Virginia and Patrick Kernohan submitted a letter of complaint to the Building Department. Mayor Pryke read the letter aloud, a copy of which is attached.
Ms. Marie Poirier, List Planning, 103 Southbank Drive, Bracebridge, Ontario P1L 1G3 attended the meeting. Ms. Poirier stated that the proposal will not increase noise pollution and will not infringe on the landscape in the rural area. Ms. Poirier reviewed a copy of her planning report (a copy of this report was attached to the staff report in the agenda package).
Mr. Fahner stated that a minor amendment to the by-law is needed to incorporate the site plan as part of the by-law to define the open storage area.
In answer to Councillor Nishikawa’s question, Mr. Fahner stated that the key point of the staff report was the use of the Conkie property for the storage of boats. This property is also within the Rural Residential Cluster.
Council Minutes – April 26, 2004 - Page #5 In answer to Councillor Martin’s question, Mr. Fahner stated that the Conkie property is zoned Rural Residential. Councillor Martin noted his concerns with the zoning from residential to commercial. He felt that the home occupation has expanded to its capacity and noted that other properties are available for this type of use.
In answer to Councillor Thompson’s question, Mr. Fahner stated that Mr. Conkie repaired gas tanks and stored boats. Councillor Thompson noted her concerns with open storage and that it has a large impact.
Councillor Hare circulated photographs of the subject lands. A resolution dated March 10, 1997 was also circulated to Council. Councillor Hare read aloud the definition of Home Occupation. He felt that this far exceeds a secondary use and it should have been a rezoning application.
Councillor Goltz commented that he knows the Conkie property well. It was an operating farm with cattle. He noted that most of the boats on the Manion property would be off soon. He would like to see an enhanced berm and offered his support.
Councillor Grady stated that she visited the property yesterday, and felt that it is not a home based business anymore and is not appropriate in a residential area. She agreed with the Official Plan that no outside storage be permitted in a Rural Residential Cluster.
Councillor Nishikawa wished to see additional buffering. She noted her concerns that a timeline could not be enforced.
Councillor Ellis’ noted that she was the one to suggest that the storage be located at the back of the property and in reviewing the photographs she did not feel it is an appropriate location for this type of use.
Councillor Wallace stated that he supports businesses but felt that this does not fit into the neighbourhood.
In answer to Councillor Fairfield’s question, Mr. Fahner stated that the applicant could continue his operation of the business without the open storage. He noted that at any given time there could be 2- 10 boats there for servicing.
Resolution Number: C-9-04/26/04
Councillor Nishikawa – Councillor Fairfield: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2003-157, (Manion) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Defeated.
Council Minutes – April 26, 2004 - Page #6 Resolution Number: C-10-04/26/04
Councillor Goltz – Councillor Grady: Be it resolved that By-law 2003- 157, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 10, Concession 5, 35R-6407, Part 2, (Monck), Ziska Road, Manion, 9-1-056, be read a third time and finally passed.
Defeated.
c. By-law 2004-48, (Cyr), By-law 2004-57, Septic System Inspectors), By-law 2004-61, (Wheels in Motion), By-law 2004-62, (Antique Boat Show), By-law 2004-63, (Temporary road closures - Bala Cranberry Festival), By-law 2004- 64, (Temporary No Parking - Bala Cranberry Festival), By-law 2004-65, (Dock By-law amendments), By-law 2004-66, (Building By-law - list of fees), By-law 2004-67, (List of fees and charges), By-law 2004-68, (Fire Department - rates of pay), By-law 2004-69, (Temporary Fire Chief)
Resolution Number: C-11-04/26/04
Councillor Ellis – Councillor Hare: Be it resolved that the following By-laws be read a first and second time.
By-law 2004-48, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 17, Concession 6, Three Mile Lake, (Watt), designated as Part 2 on Plan 35R-20126, Cyr, 2-4-084.
By-law 2004-57, being a by-law to appoint building inspectors for the enforcement of the Building Code and the Building By-law for the Township of Muskoka Lakes (Septic System Inspectors).
By-law 2004-61, being a by-law to authorize the temporary closure of Harris Street (Port Carling) for the Rick Hansen Wheels in Motion Event.
By-law 2004-62, being a by-law to authorize the temporary closure of Lock Street (Port Carling) for the MLA Bi-annual Antique Boat Show.
By-law 2004-63, being a by-law to authorize the temporary closure of Victoria Street, Maple Avenue and Bala Falls Road for the Bala Cranberry Festival.
By-law 2004-64, being a by-law to authorize a temporary “No Parking Tow- Away Zone” on portions of River Street, Grey Street, Aberdeen Street, North Burgess Avenue and Burgess Avenue for the Bala Cranberry Festival.
By-law 2004-65, being a by-law to amend By-law 2003-29, being a by-law to regulate the use of public docks and ramps in the Township of Muskoka Lakes.
By-law 2004-66, being a by-law to amend By-law 98-50, being a by-law respecting construction, demolition, change of use, conditional permits, sewage systems and inspections (list of fees).
Council Minutes – April 26, 2004 - Page #7 By-law 2004-67, being a by-law to amend By-law 2002-188, being a by-law imposing fees and charges (list of fees).
By-law 2004-68, being a by-law to establish rates of pay for members of the Township of Muskoka Lakes Fire Department.
By-law 2004-69, being a by-law to appoint a temporary Fire Chief for the Township of Muskoka Lakes.
Carried.
Resolution Number: C-12-04/26/04
Councillor Wallace – Councillor Thompson: Be it resolved that By-law 2004-48, By-law 2004-57, By-law 2004-61, By-law 2004-62, By-law 2004- 63, By-law 2004-64, By-law 2004-65, By-law 2004-66, By-law 2004-67, By- law 2004-68 and By-law 2004-69 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the April 26, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Report from the Clerk Administrator Re: Oviinbyrd Golf Course / MTO lands. A copy of the report is attached.
Resolution Number: C-13-04/26/04
Councillor Martin – Councillor Ellis: Be it resolved that the Township of Muskoka Lakes advise the Ministry of Transportation of Ontario that the Township may be interested in acquiring lands described as former Highway #169 lands next to Oviinbyrd Golf Course provided the sale price is nominal.
Carried.
2. Verbal report from the Director of Planning Re: SP-11/04, Muskoka Living Realty Corp., Part of Lots 28 and 29, Concession 3, (Port Carling), Roll # 5- 3-001-02.
Mr. Fahner explained that the applicant wishes to expand the building further and it would be no taller than the existing building however, staff felt the drawing should be improved.
Council Minutes – April 26, 2004 - Page #8 A sketch of the building was circulated to Council.
After a brief discussion, Council felt that a proper drawing showing the front elevation, scale and measurements should be submitted prior to approval.
b. Tenders
9. Other Business
a. Consideration of resolution to consent to the District of Muskoka’s Smoking By-law update.
Resolution Number: C-14-04/26/04
Councillor Fairfield – Councillor Martin: Be it resolved that the Council of the Township of Muskoka Lakes hereby consents to the passage of By-law 2004-17 passed by the Council of the District Municipality of Muskoka.
Carried.
b. Minutes of the Waterfront Density Committee meeting held on April 13, 2004. A copy of the minutes is attached for information purposes.
Mayor Pryke noted that the Committee agreed to not use the terminology of a one and a half storey boathouse and felt this should be reflected in the minutes. Mr. Fahner stated that the minutes were for information purposes only and this can be discussed at the next meeting of this Committee.
The next meeting of the Waterfront Density Committee will be held on May 3, 2004 at 10:00 a.m. in the Council Chambers.
c. Port Sandfield Docks
A memo prepared by Mayor Pryke was distributed, a copy of which is attached.
Mayor Pryke highlighted the memo noting that in order for the Heritage Committee to compile a list of the heritage features of the Port Sandfield Docks, the Township must request same.
Resolution Number: C-15-04/26/04
Councillor Thompson – Councillor Ellis: Be it resolved that the Township of Muskoka Lakes Heritage Committee be requested to prepare a report on the significant heritage attributes of the Port Sandfield docks and that the report be submitted to council at the committee’s earliest convenience.
Carried.
Council Minutes – April 26, 2004 - Page #9 10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services Committee report – successful candidate for Bracebridge Detachment Commander is Staff Sgt. Bill Snoddon – OPP report – Medical First Response. - Taxation – report from Ad Hoc Taxation Committee. - Watershed Council – Watershed Health report card.
11. Councillors’ Reports
a. Councillor Grady reported on the following items.
- Attended board meeting of the Muskoka Lakes Ratepayers Association – concerns expressed regarding the timing of the Community Clean Up event. - Bala Community Centre Hall Board meeting update – concern re: deferral of generator purchase. - Attended Joint Hall Board meeting – excellent meeting – they value staff involvement. - Received concern re: Weismiller Street Dock received winter damage.
b. Councillor Goltz reported on the following item.
- Milford Bay Fire Department Fundraiser – Annual Pancake Breakfast – April 24 / 25 – due to weather conditions on April 25, the event will also be held on May 2, 2004.
c. Councillor Hare expressed concern regarding the lack of colour specifications for the tender requirements for the three municipal vehicles. He recommended that the specifications for the roads department vehicles return to the standard highway yellow so that those vehicles can be clearly identified.
The Clerk Administrator confirmed that an amendment to the tender request could be accommodated.
Council debated the merits of this recommendation. It was the consensus of Council that the tender specifications be amended for the two roads department vehicles to require the colour of highway yellow.
d. Councillor Thompson reported on the following items.
- New signage at Hardy Lake Park. - District Engineering and Public Works Committee report. - Attended Joint Community Centre Hall Board meeting. - Attended Steering Committee for Bala’s Strategic Plan. - District Planning and Economic Development Committee report – population stats – watershed report card – Muskoka Tourism Agency report. - Attended Long Range Waste Management Plan workshop. - May 1 - Invitation to open house at all District Water Treatment Facilities. - Nuisance bear problem phone number. - Reminder - May 1 is Community Clean Up in the Township of Muskoka Lakes.
Council Minutes – April 26, 2004 - Page #10 e. Councillor Nishikawa reported on the following items.
- Torrance is looking forward to May 1 Community Clean Up. - Received favourable comments on roads. - Commented on sewer lines – Windsor Drive. - Local establishment in Bala is being cleaned up. - Requested an update on past infractions of local establishment in Port Carling. - Resort nights to commence in May.
f. Councillor Wallace reported on the following items.
- Attended Joint Community Centre Hall Board meeting. - Communities in Bloom update. - Met with District staff re: gardens in Port Carling – Communities in Bloom.
g. Councillor Fairfield reported on the following items.
- Attended Museum Board meeting – update. - Commented on the sewer lines - Windsor Drive - commended District staff for their efforts. - Thanked Public Works Superintendent for resolving a road allowance matter in Walkers Point. - Commented on population statistics. - Muskoka – Parry Sound Health Unit report – budget. - District Community Services Committee report – update to child care plan was approved – recreation program pilot.
h. Councillor Martin reported on the following items.
- Muskoka Lakes Wahta Broadband Project was not selected in the latest round for funding support through the Federal Government. - Broadband update. - Attended Muskoka Lakes Chamber of Commerce “Meet and Greet”. - Port Carling Memorial Community Centre Hall Board – update. - Attended Joint Community Centre Hall Board meeting. - Attended Long Range Waste Management Plan workshop. - District Engineering and Public Works Committee report – tenders for improvements to road shoulders – resurfacing of a portion of District Road 118 - replacement of sewer lines on Winder Drive rescheduled to 2004 – these recommendations were moved forward to District Council for approval. - Upcoming meeting for the Muskoka River Management Advisory Committee.
Councillor Fairfield commended the Muskoka Lakes Wahta Broadband Project group for the efforts. In response to Councillor Fairfield, Mayor Pryke volunteered to write a letter of thanks to the group along with a letter to the Hon. Andy Mitchell, MP, to encourage favourable support for this initiative in the future. Council concurred.
Council Minutes – April 26, 2004 - Page #11 12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, April 27, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, April 28, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, April 28, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, April 29, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss legal matters.
Resolution Number: C-16-04/26/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that Council convene in Closed Session to discuss legal matters.
Carried.
Resolution Number: C-17-04/26/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
14. Proceedings By-law
a. Resolution Number: C-18-04/26/04
Councillor Ellis – Councillor Hare: Be it resolved that By-law 2004-71, being a by- law to confirm the proceedings of the meeting of Council held on April 26, 2004, be read a first, second and third time and finally passed.
Carried.
Council Minutes – April 26, 2004 - Page #12 15. Adjournment
a. Resolution Number: C-19-04/26/04
Councillor Hare – Councillor Ellis: Be it resolved that this meeting adjourn at 12:25 p.m. and the next regular Meeting of Council will be held on Monday, May 17, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – April 26, 2004 - Page #13
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, May 17, 2004
A Regular Meeting of Council was held on Monday, May 17, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk A. Ghikadis - Development Planner Karen Ellis C. Minty - Administrative Assistant Adele Fairfield L. Troup - Public Works Superintendent Brian Hare Don Goltz Mary Grady Stewart Martin, left @ 9:23 a.m. Ian Wallace Nancy Thompson Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Alex Mitchell, Municipal Advisor, Ministry of Municipal Affairs and Housing, attended at 11:15 a.m. Re: Ministry Update. A copy of the presentation is attached.
Mr. Mitchell reviewed his presentation, highlighting the Ministry update as follows:
- Provincial budget to be announced on May 18. 2004. - Proposed legislative changes. - Taxation and Finance issues Re: trailer parks assessments / maple syrup producers assessment. - Upcoming dates – Procurement of Goods By-law / Council remuneration – one third exempt / Business licensing / Hiring policy. - Planning issues Re: Strong Communities (Planning Amendment) Act / Greenbelt Protection Act. - Information items – Municipal Elections Act review team / Municipal Act 2001 review / power outage 2003 update / bear wise program. - Federal Government Information – Canada-Ontario Municipal Rural Infrastructure Fund / 2004 Federal Budget. - Municipal Services – 2005 Central Ontario Municipal Conference / Downtown Revitalization Workshop / Staff contacts.
In response to Councillor Fairfield, Mr. Mitchell confirmed that he would relay the Council Minutes – May 17, 2004 Page #1 need for a rental supplement program in the District of Muskoka.
Further to Mayor Pryke’s remarks, Mr. Mitchell also advised that he would take back comments on the disappointment with the change in assessment with respect to trailer parks.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on April 26, 2004.
With respect to item 11.c. (purchasing policy) of the minutes, Councillor Hare noted that all tender request forms should be brought forward for Council’s review of specifications prior to a tender call.
Resolution Number: C-1-05/17/04
Councillor Thompson – Councillor Wallace: Be it resolved that the Minutes of the Council Meeting held on April 26, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on April 27, 2004.
Councillor Martin reviewed the minutes for Council.
Councillor Martin noted that the YWCA has been accommodated for their programs at the Port Carling Memorial Community Centre with respect to Carolyn Bray’s request (item 2.a. of the minutes).
Resolution Number: C-2-05/17/04
Councillor Grady – Councillor Hare: Be it resolved that the Minutes of the Management and Services Committee Meeting held on April 27, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on April 28, 2004.
Resolution Number: C-3-05/17/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Planning Council Meeting held on April 28, 2004, be adopted and approved as printed.
Carried.
Council Minutes – May 17, 2004 - Page #2 d. Minutes of the Planning and Community Development Committee Meeting held on April 29, 2004.
Councillor Ellis reviewed the minutes for Council.
Councillor Ellis noted that the July 2 Planning and Community Development Committee meeting has been rescheduled to June 30 following the Planning Council meeting.
Resolution Number: C-4-05/17/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on April 29, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
a. Councillor Martin disclosed a pecuniary interest due to employment regarding item 9.a. (Muskoka Lakes Navigation and Hotel Co. Ltd.). He noted however, that due to a commitment at the District Municipality of Muskoka, he would be leaving this meeting early.
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-43, ZBA-8/04, Rozin, Part of Lot 16 & 17, Concession D (Medora), Dudley Road, Lake Muskoka Roll # 6-18-066. A copy of the report was attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating no objection in principle to the application that is currently proposed. A copy of the letter is attached.
Mr. Dan Imrie, Glendale Road, Bracebridge, Ontario P1L 1V3 attended the meeting as agent for the applicant. Mr. Imrie indicated that the applicant wishes to keep the sleeping cabin. He noted that the entire habitable space on the subject lands is approximately 9.5%. Photographs of the subject property and letters of support were circulated to Council.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Nishikawa’s question, Ms. Ghikadis confirmed that the privy has been removed. Councillor Nishikawa commented that approval for circulation was given, provided the sleeping cabin was removed.
Council Minutes – May 17, 2004 - Page #3 In answer to Councillor Martin’s question, Ms. Ghikadis stated that staff could not confirm the location of the septic system. Mr. Imrie stated that the septic is located behind the sleeping cabin.
b. By-law 2004-56, ZBA-16/04, Walsh, Part of Lot 28, Concession 5 (Watt), Plan M- 362, Lot 19, Montgomery Drive, Lake Rosseau, Roll # 2-9-064. A copy of the report was attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Alex Parsons • Gordon Wilkinson • Evelyn and Harold King • Norma Ross • Elva Carrol • Chris and Sharon Healy • Barbara and Walter Donaldson • Peter and Rita Lanch • Nancy and Glenn McCormack
Mr. Robert Walsh, 36 Main Street, Schomberg, Ontario L0G 1T0 attended the meeting. Mr. Walsh circulated his presentation, a copy of which is attached. Mr. Walsh stated that according to a 1968 survey the property had 200 feet of frontage. The docks were constructed, based on the 200 feet of frontage, to facilitate a boathouse. Mr. Walsh gave his interpretation of the definition of a narrow waterbody. With regards to Mr. Parson’s letter, he felt that the proposed boathouse would in no way devalue properties in Long Bay and his line of site will not be affected as he is over 700 feet away. A conceptual drawing of the boathouse was circulated.
Ms. Jane Walsh and Mr. Kyle Walsh also attended the meeting.
Mr. Scott Parsons, 164 Clemo Avenue, Ottawa, Ontario K1S 1Z4 attended the meeting in opposition to the application. Mr. Parsons noted his concerns with environmental and visual impacts. He also noted that he had consulted with a real estate agent and was told that the boathouse would have a negative impact on resale values.
In answer to Councillor Fairfield’s question, Ms. Ghikadis confirmed that Mr. and Mrs. Walsh own the original shore road allowance and noted that frontage measurements are taken from the present high water mark.
Council Minutes – May 17, 2004 - Page #4 In answer to Councillor Thompson’s question, Mr. Fahner stated that the Official Plan states a narrow waterbody is defined to be 500 feet or less and in his opinion it is a narrow waterbody. He used one of the diagrams in the District Official Plan as a guide.
In answer to Councillor Fairfield’s question, Ms. Ghikadis stated that staff circulates applications based on a worst-case scenario. If the frontage coverage is not required then staff would delete it from the by-law. Mr. Walsh noted that based on a survey by Mr. Tom Bunker, OLS, the straight-line frontage measurement is 197.8 feet. The total measurement of docks is 48.6 feet and does comply.
In answer to Councillor Fairfield’s question, Mr. Walsh stated that the Department of Fisheries and Oceans insisted that the boathouse be situated out farther from the shoreline due to the fish habitat.
c. By-law 2004-58, ZBA-11/04, Long, Part of Lot 6, Concession 6 (Medora), including Plan M-128, Lot 45, Bass Lake Road, Bass Lake Roll # 4-3-060/061. A copy of the report was attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Peter Long, 17 Shamokin Drive, North York, Ontario M3A 3H7 attended the meeting. Mr. Long stated that they had erected the cottage in 1949. They wish to rebuild and increase the size of the cottage. He noted that they intend to construct a garage/workshop this summer. A deeming by-law was previously obtained for additional lot area. He also noted that it is a constrained lot and the cottage is located approximately 17 feet at the closest point. The water is very shallow in this location.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Fairfield’s question, Mr. Long stated that only a portion of the cottage is two stories.
In answer to Councillor Grady’s question, Mr. Fahner stated that staff would have to check with the Building Department to see if the building could be moved farther back due to the septic location.
In answer to Councillor Wallace’s question, Mr. Long stated that the septic system was replaced in 1987.
In answer to Mayor Pryke question, Ms. Ghikadis stated that she had measured the existing cottage and it is set back 17 feet (at the closest point). With a redesign it could be 20 feet. Mr. Long stated that he would undertake that it would be no closer than 20 feet.
Council Minutes – May 17, 2004 - Page #5 In answer to Councillor Nishikawa’s question, Mr. Long indicated that the basement would be a crawl space only.
6. By-laws
a. By-law 2004-43, (Rozin)
The majority of Council felt that the sleeping cabin should be removed, as there are too many buildings on such a small property.
Resolution Number: C-5-05/17/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004-43, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 16 & 17, Concession D, (Medora), Dudley Road, Lake Muskoka, Roll # 6-18- 066, Rozin, be read a first and second time.
Carried.
Prior to third reading, Council amended the by-law. The schedule attached to the by-law will be labeled to reflect that the privy and the sleeping cabin are removed.
In answer to Councillor Fairfield’s question, Ms. Ghikadis stated that the timeline for compliance is guided by the Stop Work Orders from the Building Department.
Resolution Number: C-6-05/17/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-43, (Rozin) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-7-05/17/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that By-law 2004-43, (Rozin) be read a third time and finally passed.
Carried.
b. By-law 2004-56, (Walsh)
Council discussed limiting the amount of roof coverage on the second storey of the boathouse to 650 square feet. They agreed that they would not impose this restriction.
Council Minutes – May 17, 2004 - Page #6 Resolution Number: C-8-05/17/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that By- law 2004-56, being a by-law to amend Comprehensive Zoning By- law 87-87, as amended, for lands described as Part of Lot 28, Concession 5 (Watt), Plan M-362, Lot 19, Montgomery Drive, Lake Rosseau, Roll # 2-9-064, Walsh, be read a first and second time.
Carried.
Resolution Number: C-9-05/17/04
Councillor Hare – Councillor Grady: Be it resolved that By-law 2004- 56, (Walsh) be read a third time and finally passed.
Carried.
c. By-law 2004-58, (Long)
Staff recommended that Council withhold the third reading of the by-law so a surveyor could confirm the 20-foot setback measurement and the other measurements from the high water mark. The schedule attached to the by- law must reflect the actual measurements or the configuration of the building could be shifted. Staff does not want to see Mr. Long go through the process again if the measurements are not correct.
Council agreed to withhold third reading of the by-law until a surveyor confirms the setbacks.
Resolution Number: C-10-05/17/04
Councillor Ellis – Councillor Grady: By-law 2004-58, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 6, Concession 6 (Medora), including Plan M-128, Lot 45, Bass Lake Road, Bass Lake Roll # 4-3-060/061, Long, be read a first and second time.
Carried.
d. By-law 2004-55, (Maile), By-law 2004-79, (Windermere District Lions Club)
Resolution Number C-11-05/17/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the following by-laws be read a first and second time.
By-law 2004-55, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Part of Lot 35, Concession 3, (Cardwell), Lake Rosseau, designated as Part 6 on Plan 35R-18022, Maile, (1-3-068-01).
Council Minutes – May 17, 2004 - Page #7 By-law 2004-79, being a by-law to authorize the temporary closure of Golf Avenue Road for the Windermere District Lions Club‘s Annual Flea Market / Arts & Craft Sale.
Carried.
Resolution Number C-12-05/17/04
Councillor Thompson – Councillor Wallace: Be it resolved that By-law 2004- 55 and By-law 2004-79 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the May 17, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Verbal report from the Director of Planning Re: Site Plan SP-110-/04, Muskoka Living, Part Lot 28 and 29, concession 3, (Port Carling), Roll # 5-3- 001-02.
Architectural drawings were circulated to Council.
Mr. Fahner stated that a scale was not included on the architectural drawing but noted that the site plan is to scale. Staff was satisfied with the drawing.
Resolution Number: C-13-05/17/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that Site Plan SP-11/04, Muskoka Living, Part Lot 28 and 29, Concession 3, (Port Carling), Roll # 5-3-001-02, be approved.
Carried.
2. Report from the Clerk Administrator Re: Development Charges. A copy of the report is attached.
Resolution Number: C-14-05/17/04
Councillor Thompson – Councillor Wallace: Be it resolved that Morehouse Associates be retained to update the Township’s development charges by-law, as required by legislation, at a cost of $6,691.00.
Carried.
Council Minutes – May 17, 2004 - Page #8 b. Tenders
1. Report from the Deputy Clerk Re: Township’s 2004 Information Handbook. A copy of the report is attached.
Resolution Number: C-15-05/17/04
Councillor Ellis – Councillor Hare: Be it resolved that Bracebridge Printing prepare the 2004 Muskoka Lakes Handbook at the quoted price of $2,786.00, plus applicable taxes.
Carried.
9. Other Business
a. Correspondence from the Muskoka Lakes Navigation and Hotel Co. Ltd. Re: Request for letter of support – Wanda III. A copy of the correspondence is attached.
It was the consensus of Council that a letter of support be submitted regarding the hull restoration of Wanda III. Mayor Pryke agreed to prepare the correspondence.
b. Consideration of Resolution to appoint a Port Carling Streetscape Steering Committee.
Resolution Number: C-16-05/17/04
Councillor Ellis – Councillor Grady: Be it resolved that the following people be appointed to the Steering Committee for Port Carling’s Streetscape Revitalization:
- Marcia Gammon - Jennifer Gardiner - Mike Thrane - Jamie Nairn - Councillor Brian Hare - Councillor Ian Wallace - Mayor Pryke (ex-officio)
AND FURTHER THAT the Committee’s mandate is to give direction to Council on what constitutes the character of downtown Port Carling and possible directions for enhancing the vitality of the urban core with a view to promoting year-round economic viability.
Carried.
c. Consideration of Resolution Re: Muskoka Lakes Sports Park – RFP.
The Clerk Administrator explained that due to time constraints, the Sports Park Construction Committee is seeking permission to waive policy and allow the Committee to approve the Request for Proposal for the next phase of the project.
Council Minutes – May 17, 2004 - Page #9 Resolution Number: C-17-05/17/04
Councillor Ellis – Councillor Grady: Be it resolved that the Muskoka Lakes Sports Park Construction Liaison Committee be authorized to approve the Requests for Proposals and review the submissions as soon as possible after the closing date. Contract awards to be approved by Council.
Carried.
d. Muskoka Lakes Museum Update
Councillor Fairfield advised that unfortunately, the Muskoka Lakes Museum Board has announced that the Museum would not be opening for the 2004 summer season.
Staff were requested to review the status of the collection and the structures and report back to Council.
10. Mayor’s Report
a. Mayor Pryke reported on the following items.
- Distributed a copy of the Council Work Plan resulting from the Strategic Planning Session. - Distributed correspondence requesting Councillors to plant Community in Bloom barrels in Bala following the June 7, 2004 Council meeting.
11. Councillors’ Reports
a. Councillor Ellis reported on the following item.
- Received positive feedback on the Community Clean Up Day - thanked staff and everyone else who participated.
b. Councillor Grady reported on the following items.
- Received positive feedback on the Community Clean Up Day. - Attended meeting with Ministry of Northern Development and Mines representative along with Township staff Re: Sports Park Project. - Bala Community Centre meeting report.
c. Councillor Thompson reported on the following items.
- Commented favourably on the Community Clean Up Day. - Challenged others to participate in the Muskoka-Parry Sound Health Unit’s “Take the Challenge – No TV – Try It”.
d. Councillor Nishikawa reported on the following items.
- Received feedback requesting a voucher system for summer residents Re: Community Clean Up Day. - Reported on Sewer lines – Windsor Drive, Bala – District approval to replace. - Long Lake, Bala to form an Association. e. Councillor Wallace reported on the following items. Council Minutes – May 17, 2004 - Page #10
- Port Carling Mural Committee held their first meeting to create a world class mural. - Port Carling Communities in Bloom report – Community Clean Up, Workshop, Invited Councillors to assist with their planting day on June 3 (60 barrels and 60 boxes to be planted). - ML Heritage Committee meeting report - discussion regarding the heritage characteristics of the Port Sandfield Dock.
f. Councillor Fairfield reported on the following items.
- District Community Services Committee report. - ML Library Board report - recent report issued by the Huntsville Public Library Board regarding the establishment of non-resident fees for use. A copy of the report is attached.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, May 18, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, May 19, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, May 19, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, May 20, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss legal matters.
Resolution Number: C-18-05/17/04
Councillor Fairfield – Councillor Wallace: Be it resolved that Council convene in Closed Session to discuss legal matters.
Carried.
Resolution Number: C-19-05/17/04
Councillor Ellis – Councillor Grady: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
14. Proceedings By-law
Council Minutes – May 17, 2004 - Page #11
a. Resolution Number: C-20-05/17/04
Councillor Wallace – Councillor Thompson: Be it resolved that By-law 2004-81, being a by-law to confirm the proceedings of the meeting of Council held on May 17, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-21-05/17/04
Councillor Hare – Councillor Ellis: Be it resolved that this meeting adjourn at 12:25 p.m. and the next regular Meeting of Council will be held on Monday, June 7, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – May 17, 2004 - Page #12
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, June 7, 2004
A Regular Meeting of Council was held on Monday, June 7, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk A. Ghikadis - Development Planner Karen Ellis C. Minty - Administrative Assistant Adele Fairfield L. Troup - Public Works Superintendent Don Goltz Mary Grady Stewart Martin Regrets: Ian Wallace Nancy Thompson Brian Hare Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
Mayor Pryke circulated a letter from the Minister of Municipal Affairs and Housing along with three booklets regarding the Ontario Municipal Board Planning Reform, noting that Council will be required to review this matter at a future meeting.
2. Delegations
a. Nan Allen and Michael Heptinstall, South Muskoka Memorial Hospital Board, attended at 11:15 a.m. Re: South Muskoka Memorial Hospital / Algonquin Health Services Governance Structure.
Mr. Heptinstall updated Council on the status of discussions regarding the governance structure of the South Muskoka Memorial Hospital in Bracebridge and the Algonquin Health Services in Huntsville. The South Muskoka board has passed a motion to work towards a common governance for both hospitals. The Algonquin board will be meeting tonight to consider this matter. He assured Council that their plans did not include closing the hospitals or cutting any services. They are planning for efficiency in the future.
Ms. Allen explained that if both hospital boards agree, a process would be developed to achieve one governance which could possibly take 1 – 2 years. She also confirmed that minutes of the hospital board would be forwarded to the Township for review.
Mayor Pryke thanked the delegation for their update.
Council Minutes – June 7, 2004 Page #1 3. Adoption of Minutes
a. Minutes of the Council Meeting held on May 17, 2004.
The Director of Planning clarified that no stop work orders had been issued with respect to item 6.a. of the minutes (By-law 2004-43, Rozin).
Resolution Number: C-1-06/07/04
Councillor Thompson – Councillor Ellis: Be it resolved that the Minutes of the Council Meeting held on May 17, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on May 18, 2004.
Councillor Martin reviewed the minutes for Council.
Resolution Number: C-2-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Management and Services Committee Meeting held on May 18, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on May 19, 2004.
Resolution Number: C-3-06/07/04
Councillor Thompson – Councillor Grady: Be it resolved that the Minutes of the Planning Council Meeting held on May 19, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on May 20, 2004.
Councillor Ellis reviewed the minutes for Council.
With respect to item 4.a.iii) (Wilson) of the minutes, Mr. Fahner stated that it should read that the lot meets the minimum frontage requirements for an existing lot of record.
Councillor Martin noted a typo on item 4.c.i) (1108827 Ontario Ltd./Red Leaves Lodge) that should read “extension ladder” rather than “latter”.
Council Minutes – June 7, 2004 - Page #2 Resolution Number: C-4-06/07/04
Councillor Fairfield – Councillor Martin: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on May 20, 2004, be adopted and approved as amended.
Carried.
e. Minutes of the Special Council Meeting held on May 20, 2004.
Resolution Number: C-5-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that Minutes of the Special Council Meeting held on May 20, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-73, ZBA-20/04, Heuckroth, Part of Lot 21, Concession 6 (Wood), Plan M-438, Lot 8, East Black Lake Road, Black Lake, Roll # 6-3-025. A copy of the report is attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter received from Valerie Owen. Ms. Ghikadis read the letter aloud, a copy of which is attached.
iii) Letter received from Al Shaw, Michalski and Associates. A copy of the letter is attached.
Ms. Heuckroth, 265 Main Street, Cambridge, Ontario N1R 1X6 attended the meeting. Ms. Heuckroth stated that they had purchased the property in 1973. In 1987 she had received correspondence from the Township indicating that she had a building lot. A recent inquiry indicated that that the requirements for an existing lot of record had changed and she did not have a building lot. She wishes to have the development rights re-established on the property.
In answer to Councillor Fairfield’s question, Ms. Ghikadis stated that there is no development proposal at this time. She also noted that the size of the building envelope on the site evaluation report should be reduced and labelled correctly. This could be done as a minor amendment to the by-law.
Council Minutes – June 7, 2004 - Page #3 Councillor Fairfield questioned the correspondence that was sent to the applicant. Ms. Ghikadis stated that on May 28, 1987 the first draft criteria of By-law 87-87 for an existing lot of record was 100 feet of frontage and 15, 000 square feet of area. At that time the applicant had received a letter based on this criteria. The second draft of the by-law had increased frontage requirements to 200 feet of frontage and 1 acre in area and was passed on October 11, 1988.
In answer to Councillor Nishikawa’s question, Ms. Ghikadis stated that there is an adequate shoreline buffer and they are permitted to have a boathouse in the docking envelope.
Mr. Fahner stated that staff would like to see a reduction of the building envelope and the Notice of Passing would not be sent out until that time.
Council discussed and agreed that the site evaluation report needs to be amended to reduce the building envelope and label it correctly. It was noted that the docking envelope does not take into consideration the side yard setbacks and this should also be amended.
In answer to Councillor Ellis’ question, Ms. Heuckroth stated they do not intend to construct a sleeping cabin but would like to have this option available.
b. By-law 2004-74, ZBA-21/04, Cullingham, Part of Lot 15, Concession 11 (Medora), Plan 35R-16285, Part 3, Lake Joseph, Roll # 4-12-044-07. A copy of the report was attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter received from Richard Thomas, Coast Guard. Ms. Ghikadis read the letter aloud, a copy of which is attached.
iii) Letter received from Harry R. Sear. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Paul Donaldson, 1025 – Unit 4 Appian Way, Port Carling, Ontario P0B 1J0 attended the meeting. Mr. Donaldson stated that if the dock could be at 75 feet long that would be acceptable.
Mr. Don Newton, 1805 Unit 2, Peninsula Road, Box 46, Minett, Ontario P0B 1J0 attended the meeting. He noted his concerns with visual impact, navigation and safety issues. He also noted that the sign posted on the property is not visible to the public who could be impacted by the proposal.
Council Minutes – June 7, 2004 - Page #4 Mr. David Buchanan, 27 Southlea Avenue, Toronto, Ontario M4G 3L9 attended the meeting in opposition to the proposal. He noted that his wife’s property is directly across from the subject lands. He noted his concerns regarding their view being impeded, navigation, the narrow bay, water depth, and safety issues for snowmobiles. He questioned why the Director of Planning and the Secretary- Treasurer of the Committee of Adjustment are one and the same? He also noted that the proposed dock is to be 30 feet from the side lot line, which would indicate that a two storey boathouse is to be constructed.
Mr. Frank Jaglowitz, 1805 Peninsula Road, Unit 281, Port Carling, Ontario P0B 1J0 attended the meeting with concerns regarding safety issues and requested an adjournment due to the lack of notice.
Mr. Fahner read aloud the Planning Act O. Reg. 199/96 regarding the posting of properties. Staff does not physically check the signs due to timing, and the amount of applications that are processed. Mr. Fahner also read aloud Section B.12.5 of the Official Plan, where it states that shoreline structures shall not impede the immediate view of surrounding properties, as defined by the extension of property lines onto the water. Mr. Fahner stated that staff could not control the configuration of a dock, provided they comply. Council has previously approved dock extensions and limited them to six feet in width.
c. By-law 2004-75, ZBA-23/04, Slater, Part of Lot 31, Concession 7 (Wood), Plan M-8, Lot 6, District Road #169, Lake Muskoka, Roll # 7-6-005. A copy of the report was attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Richard Hennig, 18 Pine Lane, RR # 1, Barrie, Ontario L4M 4Y8 attended the meeting as agent and purchaser of the property. Mr. Hennig stated that they wish to have the development rights and noted that there is no development proposal at this time.
No one else attended the meeting in support of or in opposition to the application.
Council had no questions.
d. By-law 2004-76, ZBA-24/04, Donaldson/French, Part of Lot 33, Concession 2 (Watt), Lake Rosseau, Roll # 2-8-022/029. A copy of the report was attached.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Council Minutes – June 7, 2004 - Page #5 Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter received from Bud Purvis. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Paul Donaldson, 1025 – Unit 4 Appian Way, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant. Mr. Donaldson stated that he has constructed a new road that is replacing the existing right-of-way for the neighbours. He wants everyone off the road. If they are not off the road, he will be applying to create four lots. He would like to sever the property into two lots that will have less development on them.
Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting in opposition to the application on behalf of the Chafee, Bird and Dunford families. Ms. Walton stated that the bay is extremely narrow and shallow and felt that the WR6 zoning should remain. She noted that her clients do not have any issues with the two sleeping cabins (provided they are only 650 square feet in area) and a small swim dock in this bay. She urged Council to uphold the zoning by-law with respect to size of the sleeping cabins.
Mr. Jim Lewis, 65 Joseph Street, Box 448, Port Carling, Ontario P0b 1J0 attended the meeting in opposition to the application as solicitor for the Bird, Chafee and Dunford families. Mr. Lewis stated that his parties have not come to any agreements regarding the status of the road but negotiations are ongoing. He felt that Council does not have the authority to change the zoning from an OMB decision. Mr. Lewis stated that his clients would endorse the sleeping cabins but the size of them is the question and requested the application be deferred.
Ms. Lynn Ellis, 1058 Penney road, Port Carling, Ontario P0B 1J0 attended the meeting with concerns.
Mr. Bill Cunningham, 47 Broadview Avenue, Port Credit, Ontario L5H 2S8 attended the meeting with concerns regarding the rezoning to WR5 and the development rights.
Mr. Fahner gave the definition of lots, and criteria for the WR5 and WR6 zones. He noted that the area hatched on Schedule iv) to the by-law is the proposed lot to be rezoned to WR5.
In answer to Councillor Ellis’ question, Mr. Donaldson stated that the height of the sleeping cabin is 25 feet due to the slope of the land.
In answer to Councillor Nishikawa’s question, Mr. Fahner stated that there is nothing in the Planning Act to state once the OMB has made a decision an application could not be submitted. However, if the application were appealed, then the former Board decision could be a factor.
In answer to Councillor Fairfield’s question, Mr. Donaldson stated that if Council approved the second sleeping cabin and dock as is, he would only sever the property into two lots and have a restrictive covenant on title so that it cannot be further severed.
Council Minutes – June 7, 2004 - Page #6 6. By-laws
a. By-law 2004-58, (Long)
Ms. Ghikadis explained the history of the original proposal. The surveyor has confirmed the setback at 17 feet, not the 20 feet that was originally applied for.
Ms. Ghikadis highlighted the submission received from Mr. Long, a copy of which is attached.
Photographs were circulated to Council.
Prior to the third reading, Council amended the by-law to recognize the setback at 17 feet as shown on the schedule attached to the by-law.
Resolution Number: C-6-06/07/04
Councillor Grady – Councillor Thompson: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amends By-law 2004-58, (Long) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-7-06/07/04
Councillor Martin – Councillor Thompson: Be it resolved that By-law 2004- 58, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 6, Concession 6 (Medora), including Plan M-128, Lot 45, Bass Lake Road, Bass Lake Roll # 4-3- 060/061, Long, be read a third time and finally passed.
Carried.
b. By-law 2004-73, (Heuckroth)
The majority of Council agreed that a new drawing should be submitted to define and reduce the building envelope, and move the dock envelope over to comply with setbacks. They also agreed that a sleeping cabin should not be permitted on the subject property.
Resolution Number: C-8-06/07/04
Councillor Martin – Councillor Thompson: Be it resolved that By-law 2004-73, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 21, Concession 6 (Wood), Plan M-438, Lot 8, East Black Lake Road, Black Lake, Roll # 6-3-025, Heuckroth, be read a first and second time.
Carried. Prior to the third reading, Council amended the by-law to reduce and define the Council Minutes – June 7, 2004 - Page #7 building envelope. The dock envelope is to be moved over to comply with the side yard setbacks and no sleeping cabin is permitted.
Resolution Number: C-9-06/07/04
Councillor Martin – Councillor Fairfield: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amends By-law 2004-73 (Heuckroth) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-10-06/07/04
Councillor Fairfield – Councillor Martin: Be it resolved that By-law 2004-73, (Heuckroth) be read a third time and finally passed.
Carried.
c. By-law 2004-74, (Cullingham)
Council agreed that a revised drawing be submitted to reflect the dock at 75 feet in length and the Notice of Passing will not be sent out until such time.
Mr. Donaldson stated that he would be applying for a dredging permit.
Resolution Number: C-11-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-74, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 15, Concession 11 (Medora), Plan 35R- 16285, Part 3, Lake Joseph, Roll # 4-12-044-07, Cullingham, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The schedule attached to the by-law will reflect the permitted length of the dock to be 75 feet.
Resolution Number: C-12-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-74 (Cullingham) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Council Minutes – June 7, 2004 - Page #8 Resolution Number: C-13-06/07/04
Councillor Fairfield – Councillor Martin: Be it resolved that By-law 2004-74, (Cullingham) be read a third time and finally passed.
Carried.
d. By-law 2004-75, (Slater)
Resolution Number: C-14-06/07/04
Councillor Martin – Councillor Fairfield: Be it resolved that By-law 2004-75, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 31, Concession 7 (Wood), Plan M-8, Lot 6, District Road #169, Lake Muskoka, Roll # 7-6-005, Slater, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. All of the development must be a minimum of 35 feet from the water, and the maximum lot coverage on the property is 20%.
Resolution Number: C-15-06/07/04
Councillor Martin – Councillor Thompson: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-75 (Slater) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-16-06/07/04
Councillor Thompson – Councillor Ellis: Be it resolved that By-law 2004-75, (Slater) be read a third time and finally passed.
Carried.
e. By-law 2004-76, (Donaldson/French)
Councillor Ellis stated that the applicants and neighbours had requested a deferral and she had no problem with this request. Council concurred.
DEFERRED.
f. By-law 2004-77, (Diem Inc.), By-law 2004-78, (Morris), By-law 2004-91, (Fire Chief Job Description).
Resolution Number: C-17-06/07/04
Councillor Thompson – Councillor Ellis: Be it resolved that the following By- laws be read a first and second time.
Council Minutes – June 7, 2004 - Page #9 By-law 2004-77, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 22, Concession 7, Lake Muskoka, (Monck), designated as Part 2 on Plan 35R-20120, Diem Inc., 9-4-037.
By-law 2004-78, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lots 15 and 16, Concession 13, Nine Mile Lake, (Wood) designated as Part 1 on Plan 35R-20087 and Part 1 on Plan 35R-20088, Morris, (8-9-065/075).
By-law 2004-91, being a by-law to amend By-law 2002-141, being a by-law to provide for personnel policies and procedures for non-union employees for the Township of Muskoka Lakes (Schedule “S-9”, Fire Chief Job Description).
Carried.
Resolution Number: C-18-06/07/04
Councillor Ellis – Councillor Thompson: Be it resolved that By-law 2004-77, By-law 2004-78 and By-law 2004-91, be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the June 7, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
1. Report from the Public Works Superintendent Re: Tender Awards (Roadside mowing, Supply and application of dust suppressants, Supply of aggregate, Screening of winter sand, Pick-up truck, One-ton truck, By-law department). A copy of the report is attached.
Contract 04-RSM (Roadside mowing)
Resolution Number: C-19-06/07/04
Councillor Fairfield – Councillor Martin: Be it resolved that Contract 04-RSM (Roadside Mowing) be awarded to Broadview Farms for the bid price of $40.00 per hour (plus G.S.T.) in 2004 and $42.25 per hour (plus G.S.T.) in 2005.
Carried.
Council Minutes – June 7, 2004 - Page #10 Contract 04-DS (Supply and application of dust suppressants)
Resolution Number: C-20-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that Contract 04- DS (Supply and Application of Dust Suppressants) be awarded to Chamber Road Oil Ltd. for a bid price of $2.53 per gallon plus G.S.T.
Carried.
Contract 04-AS (Supply of aggregate)
Resolution Number: C-21-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that Contract 04- AS (Supply of Aggregates) Part “A”, supply, delivery and application be awarded to Fowler Construction for the bid price of $314,188.06 plus G.S.T., and that Part “B”, supplied, loaded and scaled at source be awarded to Miller Aggregates for a bid price of $8.28 per Tonne plus G.S.T.
Carried.
Contract 04-WS (Screening of winter sand)
Resolution Number: C-22-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that Contract 04- WS (Screening of Winter Sand) be awarded to 1127282 Ontario Inc. for the bid price of $2.95 per Ton plus G.S.T.
Carried.
Contract 04-HT (Pick-up truck)
Resolution Number: C-23-06/07/04
Councillor Martin – Councillor Thompson: Be it resolved that Contract 04-HT (Pick-up Truck) be awarded to Northwood Chevrolet for the bid price of $28,992.60 plus G.S.T.
Carried.
Contract 04-OT (One-ton truck)
Resolution Number: C-24-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that Contract 04- OT (One Ton Truck) be awarded to Northwood Chevrolet for a bid price of $47,768.40 plus G.S.T.
Carried.
Council Minutes – June 7, 2004 - Page #11 Contract 04-SUV (By-law department)
Resolution Number: C-25-06/07/04
Councillor Thompson – Councillor Grady: Be it resolved that Contract 04-SUV (By-law Department Vehicle) be awarded to Northwood Chevrolet for the bid price of $31,636.44 plus G.S.T.
Carried.
9. Other Business
a. Report from the ML Heritage Committee Re: Heritage attributes of the Port Sandfield Docks. A copy of the report is attached.
Resolution Number: C-26-06/07/04
Councillor Martin – Councillor Fairfield: Be it resolved that Council accept the report dated May 20, 2004 from the Township of Muskoka Lakes Heritage Committee regarding the heritage attributes of the Port Sandfield Docks.
AND FURTHER THAT Council recommend that the report be included in the engineering study to be undertaken on the condition of the docks.
Carried.
Resolution Number: C-27-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that Council extends appreciation to the Heritage Committee for its timely and comprehensive analysis of the Port Sandfield Docks.
Carried.
b. Consideration of Resolution Re: Northern Ontario Status.
Resolution Number: C-28-06/07/04
Councillor Ellis – Councillor Grady: WHEREAS the Provincial Government in its May 18, 2004 budget has proposed to remove Muskoka from its definition of “Northern Ontario” for purposes of government policy and program delivery, effective in the fall of 2004;
AND WHEREAS the removal of Muskoka from its “Northern Ontario” designation will have significant socio-economic impacts on the residents of its local municipalities;
AND WHEREAS many of the year-round residents of Muskoka rely on seasonal, lower paying tourist-sector and retail employment, reflecting the third lowest individual income level and the third lowest family income levels in the 11 Electoral Districts of Northern Ontario from the Severn River to the Manitoba border;
Council Minutes – June 7, 2004 - Page #12 AND WHEREAS year-round residents of Muskoka greatly benefit from infrastructure initiatives such as NOHFC, which foster community growth, economic development and health care infrastructure improvements unavailable in more greatly populated Southern Ontario;
AND WHEREAS the proposed removal of Muskoka from Northern Ontario will have a significant effect on Muskoka’s ability to attract health care professionals to an under- serviced area;
AND WHEREAS inclusion of Muskoka in Northern Ontario will provide the North with a greater voice, larger population, and broader jurisdiction for all Northerners;
AND WHEREAS the proposal to remove Muskoka from Northern Ontario was done without consultation with its seven municipal governments or its residents.
NOW THEREFORE BE IT RESOLVED THAT the Premier of Ontario, the Hon. Dalton McGuinty, meet with the mayors of Muskoka, the chair of the District of Muskoka and representatives of hospital boards to fully understand the impact that removal of Muskoka from Northern Ontario will have on its citizens, its health care system and its economy.
Carried.
Resolution Number: C-29-06/07/04
Councillor Ellis – Councillor Grady: Be it resolved that the Council of The Corporation of the Township of Muskoka Lakes wishes to recognize, with gratitude, the efforts of MPP Norm Miller and MP Andy Mitchell in their support in retaining Muskoka as part of Northern Ontario.
Carried.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services report – phase in. - Noise from outdoor speakers. - Correspondence received re: Noise By-law Exemption – Council referred the correspondence to the June 8 Management and Service Committee meeting. - Northern status – a background document is being formulated. - Commended Councillor Wallace and the Port Carling Communities in Bloom volunteers on their recent planting event.
Council Minutes – June 7, 2004 - Page #13 11. Councillors’ Reports
a. Councillor Thompson reported on the following items.
- District Engineering and Public Works report – statistics on tax levy. - District Planning and Economic Development report.
b. Councillor Nishikawa reported on the following items.
- Torrance Community Centre report – facility lease. - Received calls re: dark sky compliancy – observatory at the Torrance barrens.
c. Councillor Fairfield reported on the following items.
- Muskoka – Parry Sound Health Unit report. - District Community Services report - agreement for rent supplement, status of garden on Taylor Road. - Muskoka Lakes Museum report. - Walkers Point Community Centre report - newsletter. - Muskoka Lakes Library Board report. - Correspondence from Planscape was referred to the Planning Department for a response re: Brent site plan, Ullswater pit. - Acknowledged veterans efforts on the 60th Anniversary of D-day.
d. Councillor Martin reported on the following items.
- Muskoka Airport Committee report – board room rented for training for four months. - Port Carling Memorial Community Centre report – received donation for stage extension. - Muskoka Lakes Chamber of Commerce report – expanding enrolment.
e. Councillor Ellis reported on the following items.
- Reminder – Mayor’s Walk – June 12 at 10:00 a.m. – Hardy Lake Park. - Waterfront Density Committee meeting - June 22 at 10:00 a.m. - Port Carling Community Centre.
f. Councillor Grady reported on the following items.
- Received thanks from Bala Park Island residents re: recent work to public dock on Weismiller Street. - Bala Communities in Bloom Committee report – planting today in Bala. - Requested ML Sports Park update. - Remembrance on the 60th Anniversary of D-day.
In response to Councillor Grady, the Public Works Superintendent advised he would provide an update at the June 8 Management and Services Committee meeting.
Council Minutes – June 7, 2004 - Page #14 g. Councillor Goltz reported on the following item.
- Received correspondence re: Scarcliffe Road site plan (SP-42/03, Buttler).
Mayor Pryke explained that the Director of Planning would be corresponding with the Scarcliffe Road Association regarding this matter.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, June 8, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, June 9, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, June 9, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, June 10, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss legal and personal matters.
Resolution Number: C-30-06/07/04
Councillor Thompson – Councillor Grady: Be it resolved that Council convene in Closed Session to discuss legal and personal matters.
Carried.
Resolution Number: C-31-06/07/04
Councillor Grady – Councillor Thompson: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
Council Minutes – June 7, 2004 - Page #15 14. Proceedings By-law
a. Resolution Number: C-32-06/07/04
Councillor Fairfield – Councillor Martin: Be it resolved that By-law 2004-92, being a by-law to confirm the proceedings of the meeting of Council held on, June 7, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-33-06/07/04
Councillor Martin – Councillor Fairfield: Be it resolved that this meeting adjourn at 1:06 p.m. and the next regular Meeting of Council will be held on Monday, June 28, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – June 7, 2004 - Page #16
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES – COUNCIL MEETING Monday, June 28, 2004
A Regular Meeting of Council was held on Monday, June 28, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: S. Walker - Administrative Assistant A. Ghikadis - Development Planner Karen Ellis C. Minty - Administrative Assistant Adele Fairfield L. Troup - Public Works Superintendent Don Goltz N. Donald - Development Services Co-ordinator Mary Grady Stewart Martin, left @ 9:31 a.m. Regrets: Nancy Thompson Brian Hare Ian Wallace Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Paul Donaldson and affected parties attended the meeting at 11:00 a.m. Re: Refer to item 6.h. By-law 2004-76, Donaldson/French.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on June 7, 2004.
Resolution Number: C-1-06/28/04
Councillor Goltz – Councillor Grady: Be it resolved that the Minutes of the Council Meeting held on June 7, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on June 8, 2004.
Resolution Number: C-2-06/28/04
Councillor Grady – Councillor Goltz: Be it resolved that the Minutes of the Management and Services Committee Meeting held on June 8, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on June 9, 2004.
Council Minutes – June 28, 2004 Page #1 Resolution Number: C-3-06/28/04
Councillor Goltz – Councillor Grady: Be it resolved that the Minutes of the Planning Council Meeting held on June 9, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on June 10, 2004.
Resolution Number: C-4-06/28/04
Councillor Grady – Councillor Goltz: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on June 10, 2004, be adopted and approved as amended.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
Other Public Meetings
a. Adjustment of Taxes pursuant to Sections 357/358 of the Municipal Act, 2001. Refer to item 8.a. 2. Department Head Reports.
(Zoning Amendment Applications)
b. By-law 2004-84, ZBA-22/04, Welch, Part of Lot 59, Concession B, (Cardwell), Plan 35R-14499, Part 2, Roll # 1-1-038-01. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Ms. Tracey Vousden-Welch, 79 King Street West, Millbrook, Ontario L0A 1G0 attended the meeting as agent for the application. Ms. Vousden-Welch stated that the land has been depleted and is not suitable for aggregates. She noted that the building envelope on the plan submitted is secondary, as they would really like to construct the dwelling close to the ridge, not in the pit area. She also noted that the neighbouring property has not been used for aggregates for quite some.
No one else attended the meeting in support of or in opposition to the application.
Mr. Fahner stated that the District had recommended imposing a minimum sideyard setback of 125 feet. This could be done as a minor amendment if Council wishes.
Council Minutes – June 28, 2004 - Page #2 In answer to Councillor Nishikawa’s question, Mr. Fahner stated that the new Rural By- law it states that any lands adjacent to the RuM3 zone, the minimum side yard setback should be 100 feet.
In answer to Councillor Fairfield’s question, Mr. Fahner stated that the existing site plan agreement would have to be amended.
Mr. Jason Scott, District of Muskoka, stated that they would be satisfied with a 100-foot side yard setback.
c. By-law 2004-85, ZBA-28/04, Littler, Part of Lot 18, Concession 2 (Medora), Plan BR- 250, Parts 18 to 20, 35R-7943, Parts 2 and 3, Roll # 8-5-081-01. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Wayne Judges, Box 347, Gravenhurst, Ontario P1P 1R7. Mr. Judges stated that they intend to take 10 feet off the front dock and add this 10 feet to the existing boathouse for another boat slip. They intend to put a boat lift in.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Fairfield’s question, Mr. Judges stated that the boat slip would be open. They may in the future cover the slip with a portable cover. Staff noted that this would not be permitted.
d. By-law 2004-87, ZBA-30/04, 705 Carriers Inc., Part of Lots 12 and 13, Concession A, (Watt), Plan 35R-4095, Part 1, Roll # 2-13-015. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Theo Veenstra, RR 1, Port Carling, Ontario P0B 1J0 attended the meeting. Mr. Veenstra stated that the potential purchaser intends to construct a building on the existing foundation to facilitate his concrete pumping business.
No one attended the meeting in support of the application.
Council Minutes – June 28, 2004 - Page #3 Mr. Dave Comeau, 1944 Muskoka Beach Road, Bracebridge, Ontario P1L 1R1 attended the meeting with concerns with the application. He stated that his grandfather, Harold Harris, lives next door to the subject lands and is concerned with noise, the nature of the proposed business, the quality of the water due to runoff, safety of the children that play on Patterson Road, and access to the property. He also requested that his grandmother, Dorothy Harris be taken off the circulation / address list as she had passed away.
Mr. Veenstra stated that the entrance to Patterson Road would be closed. The entrance to the property will be off of District Road. As for the concern with potential noise the potential purchaser is running a concrete pumping business and would be away all day.
Mr. Fahner stated that at the Planning Committee meeting, Mr. Demery indicated that his vehicles would be washed off site. Mr. Veenstra stated that the building would be used for parking his concrete pumping vehicles only.
Mr. Comeau noted concerns regarding repairs and maintenance of vehicles. Mr. Fahner read the definition of a contractor’s yard aloud. He noted that this would be a permitted use. There are controls through the building permit stage regarding oil and water separators in a building.
In answer to Councillor Nishikawa’s question, Mr. Fahner stated that buffering and drainage could be addressed at the site plan stage.
Mr. Veenstra indicated that they would be buffering the perimeter of the property.
e. By-law 2004-88, ZBA-31/04, Smith, Part of Lot 9, Concession 5, (Wood), Plan M-135, Lot 18, Roll # 8-8-040. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior. Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• W.D. Rex Jenkins • R.A. Tompkins
Mr. Don Smith, 52758 Highway 3, Wainfleet, Ontario L0S 1V0 attended the meeting as agent for the applicant. Mr. Smith stated that the existing cottage is in need of repair. They wish to reconstruct the cottage to extend its use to year-round. Photographs were circulated to Council. The property is well treed and will not be visible from the lake.
No one attended the meeting in support of or in opposition to the application.
Council had no questions.
Council Minutes – June 28, 2004 - Page #4
f. By-law 2004-89, ZBA-32/04, DiCaro, Part of Lot 13, Concession B (Bala), Plan 35R- 3743, Part 3, Roll # 7-9-058. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Wayne and Lucy Robson • Dave and Cora Mills
No one attended the meeting in support of the application.
Mr. Michael Webb, Box 636, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. Mr. Webb read his presentation aloud, a copy of which is attached. He noted his concerns regarding an adequate septic system, the roof overhang, encroachment issues regarding the driveway and lot coverage issues. He explained that there is a a 94 foot dock out in front of this property. A building permit was not obtained. He also noted his concerns with the safety of this dock at the narrowest part of the river.
Mr. Dave Mills, Box 786, Bala, Ontario P0C 1A0 attended the meeting in opposition to the application. Mr. Mills concurred with Mr. Webb’s concerns and felt that the existing by-law should be upheld.
In answer to Councillor Nishikawa’s question, Mayor Pryke stated that she had sent correspondence via email to Gord Adams and Tony White of the District of Muskoka regarding servicing. Mr. White responded that servicing has to be dealt with first in the Finance Department, then they would send correspondence by mid July.
In answer to Councillor Thompson’s questions, Ms. Ghikadis stated that the driveway exists. Mr. McDivitt stated that it was not uncommon for driveways to be located off of rights-of-way and it would not be affecting the public use of the Township’s property. Ms. Ghikadis noted that Mr. McNabb, Building Inspector, was at the site on June 25, 2004 and had placed Stop Work Orders on the property regarding the dock.
In answer to Councillor Goltz’s question, Mr. Mills stated that it is a floating dock.
6. By-laws
a. By-law 2004-84, (Welch)
Mr. Fahner questioned if Council wishes to require a dwelling envelope. Council agreed that it was not required due to the by-law requirements of a 100 foot side
Council Minutes – June 28, 2004 - Page #5 yard setback from the RuM3 zone and a 50 foot setback from the road. They also noted the District of Muskoka was content with the setbacks.
Resolution Number: C-11-06/28/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-84, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 59, Concession B, (Cardwell), Plan 35R-14499, Part 2, Roll # 1-1-038-01, Welch, be read a first and second time.
Carried.
Resolution Number: C-12-06/28/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-84, (Welch) be read a third time and finally passed.
Carried.
b. By-law 2004-13, (Littler)
Councillor Nishikawa offered her support provided that she had confirmation that the dock would be removed. Ms. Ghikadis noted that she could write a memo to the Building Department.
Resolution Number: C-13-06/28/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-85, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 18, Concession 2 (Medora), Plan BR-250, Parts 18 to 20, 35R-7943, Parts 2 and 3, Roll # 8-5-081-01, Littler, be read a first and second time.
Carried.
Resolution Number: C-14-06/28/04
Councillor Fairfield – Councillor Goltz: Be it resolved that By-law 2004- 85, (Littler) be read a third time and finally passed.
Carried.
c. By-law 2004-87, (705 Carriers Inc.)
Councillor Fairfield commented that she was aware of the concerns that the neighbours have expressed and felt that there is enough control techniques to satisfy their concerns and offered her support.
Councillor Nishikawa commented that the applicant had offered to close the entrance off to Patterson Road and she would like that to be included in the by- law. Mr. Fahner indicated that it could not be included in the by-law but would be addressed in the site plan.
Council Minutes – June 28, 2004 - Page #6
Councillor Ellis requested that additional buffering be required.
Resolution Number: C-15-06/28/04
Councillor Goltz – Councillor Fairfield: Be it resolved that By-law 2004-87, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lots 12 and 13, Concession A, (Watt), Plan 35R-4095, Part 1, Roll # 2-13-015, 705 Carriers Inc., be read a first and second time.
Carried.
Resolution Number: C-16-06/28/04
Councillor Grady – Councillor Thompson: Be it resolved that By-law 2004-87, (705 Carriers Inc.) be read a third time and finally passed.
Carried.
d. By-law 2004-88, (Smith)
Mr. Fahner noted that staff had concerns with further encroachments into the front yard with respect to decking. Otherwise, it was an excellent application. Council was not concerned.
Resolution Number: C-17-06/28/04
Councillor Hare – Councillor Ellis Be it resolved that By-law 2004-88, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 9, Concession 5, (Wood), Plan M-135, Lot 18, Roll # 8- 8-040, Smith, be read a first and second time.
Carried.
Resolution Number: C-18-06/28/04
Councillor Ellis – Councillor Grady: Be it resolved that the By-law 2004-88, (Smith) be read a third time and finally passed.
Carried.
e. By-law 2004-89, (DiCaro)
Mayor Pryke informed Council that the new Community By-law is proposing to increase the height of dwellings to 35 feet.
Mr. Fahner mentioned that the subject property is in the Urban Centre where the development is to be concentrated and intended to be on full services.
Councillor Hare voiced his approval and noted that it is not the applicant’s fault that services are not available.
Council Minutes – June 28, 2004 - Page #7 Councillor Nishikawa gave her support for height only and stated that the applicant could comply with the side yard setbacks.
Resolution Number: C-19-06/28/04
Councillor Ellis – Councillor Thompson: Be it resolved that By-law 2004-89, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 13, Concession B (Bala), Plan 35R-3743, Part 3, Roll # 7-9-058, DiCaro, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. All of the development must be a minimum of 35 feet from the water, the maximum lot coverage on the property is 20%, and the applicant must comply with the by-law requirements for the side yard setback.
Resolution Number: C-20-06/28/04
Councillor Fairfield – Councillor Ellis Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-89 (DiCaro) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-21-06/28/04
Councillor Ellis – Councillor Fairfield: Be it resolved that By-law 2004-89, (DiCaro) be read a third time and finally passed.
Carried.
f. By-law 2004-94, (1108827 Ontario Limited/ Red Leaves Lodge)
Resolution Number: C-7-06/28/04
Councillor Fairfield – Councillor Ellis – Be it resolved that By-law 2004-94, being a by-law to remove the Holding –H zone for lands described as Part of Lot 24 and 25, Concession 11 (Medora), Roll # 4-14-070, 1108827 Ontario Limited/ Red Leaves Lodge, be read a first and second time.
Carried.
Council withheld third reading until a Servicing Responsibility Agreement is signed with the District of Muskoka.
g. By-law 2004-95, (Campbell Drummond Company Inc.)
Resolution Number: C-22-06/28/04
Councillor Fairfield – Councillor Thompson: Be it resolved that By-law 2004-95, being a by-law to make lands described as Part of Lot 16 and 17, Concession 12, 35R-8054, Part of Part 1 and Part of remainder of PCL 3223, subject to site plan control, Roll # 4-19-024-02, Campbell Drummond Company Inc., be read a first and second time.
Council Minutes – June 28, 2004 - Page #8 Carried.
Resolution Number: C-23-06/28/04
Councillor Thompson – Councillor Fairfield: Be it resolved that By-law 2004-95, (Campbell Drummond Company Inc.) be read a third time and finally passed.
Carried.
h. By-law 2004-76, (Donaldson/French)
Mayor Pryke stated that she had received an email from Councillor Wallace. Mayor Pryke read the email aloud, a copy of which is attached.
Mr. Fahner stated that a revised notice was sent out for circulation to the applicant and interested parties. Staff had not changed their opinion.
Mr. Paul Donaldson, 1025 – Unit 4, Appian Way, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant.
Mr. Bob List, List Planning, 103 Southbank Drive, Bracebridge, Ontario P1L 1G3 attended the meeting as agent for Mr. Donaldson. Mr. List circulated and reviewed his presentation, a copy of which is attached.
In answer to Mayor Pryke’s question, Mr. List stated that he had requested that staff have a resolution prepared for today with the removal of the exemptions. Mr. Fahner stated that this could be done as a minor amendment to the by-law. He read aloud, section 34(17) of the Planning Act.
Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting in opposition to the application on behalf of the Chafee, Bird and Dunford families. Ms. Walton stated that in her opinion the zoning is appropriate and should not be changed as it does restrict the amount of development in a shallow bay, which Council is trying to achieve with Waterfront Density. This would still allow full dockage and a small boathouse for two lots but three lots is not good planning. She asked Council to reflect on the narrowness and the sensitivity of the bay. The extra area added to the property is good but she felt that the WR6 zoning should be upheld. Ms. Walton circulated Section B.8.9. of the Official Plan and a sketch of the bay noting the distances, a copy of which is attached. It was her opinion this narrow waterbody was very narrow.
Mr. Bob Chafee attended the meeting in opposition to the application. Mr. Chafee noted that he has lived there for 25 years and it is a narrow shallow bay. He stated that creating three lots in this bay would not be appropriate planning.
Mr. Fahner noted that the key part of the application is the rezoning. He reviewed a large survey of the property and zoning schedule # 28. This reflected zoning in bays and he noted that most bays were zoned WR5. He noted that it is hard to differentiate what is a bay and a cove. Staff is comfortable with the rezoning of the property as it conforms to the Official Plan.
Councillor Nishikawa noted that she was comfortable with approving the exemptions and not the rezoning and felt that this would serve the neighbours better. She also stated that the road issues were supposed to be resolved. Mr. Donaldson stated that
Council Minutes – June 28, 2004 - Page #9 the opposition told him they would not support what he proposed. He wished to deal with this today.
Council supported staff’s recommendation to the WR5 zoning. They stated they prefer to see only two lots in this area.
Ms. Walton respectfully requested the application be deferred until next Council.
Councillor Fairfield commented that Council should deal with the rezoning to WR5 today and an application for severance can be dealt with at a later date.
Councillor Thompson requested a recorded vote.
Resolution Number: C-8-06/28/04
Councillor Thompson – Councillor Hare: Be it resolved that By-law 2004-76, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 33, Concession 2 (Watt), Lake Rosseau, Roll # 2- 8-022/029, Donaldson/French, be read a first and second time.
RECORDED VOTE: NAYS YEAS
Councillor Ellis ___ _X__ Councillor Fairfield ___ _X__ Councillor Goltz ___ _X__ Councillor Grady ___ _X__ Councillor Hare ___ _X__ Councillor Martin ______Councillor Nishikawa ___ _X__ Councillor Thompson ___ _X__ Councillor Wallace ______Mayor Pryke ___ _X__
TOTALS: _0__ _8__
Carried.
Prior to third reading, Council amended the by-law to remove the exemptions as requested by the applicant and approve the rezoning of the lot to WR5.
Resolution Number: C-9-06/28/04
Councillor Hare – Councillor Thompson: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-76 (Donaldson/French) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-10-06/28/04
Councillor Hare – Councillor Thompson: Be it resolved that By-law 2004-76, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 33, Concession 2 (Watt), Lake Rosseau, Roll # 2- 8-022/029, Donaldson/French, be read a third time and finally passed. Council Minutes – June 28, 2004 - Page #10
Carried.
7. Correspondence to be Tabled
a. A list of the June 28, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Report from the Director of Planning Re: By-law 2004-94, the removal of the Holding zone and Site Plan SP-12/04, 1108827 Ontario Limited/Red Leaves Lodge. A copy of the report was attached to the agenda. Please refer to Item 6.g.
Mr. Fahner explained the nature and location of the property/application.
Notice was sent 13 days prior.
Submissions were received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached.
Mr. Fahner stated that the only outstanding matter is securities. The lighting has been reviewed and a certain fixture will be used which is dark sky friendly.
Ms. Margaret Walton, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Walton stated that a Plan of Condominium Agreement would be entered into with the District of Muskoka. She requested that Council give approval in principle with the first and second reading of the by-law.
Council agreed to give their approval in principle and withhold third reading of the by-law until all outstanding issues have been dealt with.
2. Report from the Clerk Administrator Re: Adjustment of Taxes pursuant to Sections 357/258 of the Municipal Act, 2001. A copy of the report was attached to the agenda. See item 5.a. Public Meeting.
Resolution Number: C-6-06/28/04
Councillor Ellis – Councillor Grady: Be it resolved that the list of Tax Adjustments pursuant to Sections 357/358 of the Municipal Act, 2001 as presented to Council on June 28, 2004 be approved.
Carried.
b. Tenders Council Minutes – June 28, 2004 - Page #11
1. Consideration of Resolutions to open, tabulate and accept a tender for the replacement of the Bala Arena roof.
Resolution Number: C-5-06/28/04
Councillor Goltz – Councillor Grady: Be it resolved that the tender submissions for the replacement of the Bala Arena high roof be opened and tabulated.
Carried.
The following tenders were opened and tabulated.
Roxton Contractors Limited $102,931.00 plus G.S.T. Design Roofing Incorporated $ 77,500.00
The Clerk Administrator confirmed that the budget allocation for this project was $60.000.00.
The Development Services Co-ordinator and Dave Falkanger, of Duncan Ross Architects, reviewed the two submissions received, and reported that Roxton Contractors Limited was not in compliance with the technical portion of the tender requirements and should be disqualified.
The Development Services Co-ordinator advised that additional expenditures are anticipated for the project due to increased metal costs, and the roof replacement may cause damage to the existing insulation.
In response to Councillor Ellis, the Clerk Administrator confirmed that the arena reserve fund would cover the additional expenditures.
Resolution Number: C-24-06/28/04
Councillor Thompson – Councillor Hare: Be it resolved that the tender submission received from Design Roofing Inc. in the amount of $77,500.00 be accepted for the replacement of the Bala Arena high roof.
Carried.
With respect to the additional expenditure, Council instructed staff to note in the minutes that the amount of $37,500.00 for insulation replacement be added as an addendum to the tender package.
It was the consensus of Council to refer this item to the Planning Council meeting on June 30th, 2004.
9. Other Business
Council Minutes – June 28, 2004 - Page #12
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- Attended Official Opening of Red Leaves Lodge in Toronto on June 21st, 2004. - Attended opening of Camp Oochigeas, a camp for children suffering from cancer. - Muskoka Lakes Sports Parks Committee update - Invitation to attend the opening of the Windermere Washroom/Change Room Facility at 10:45 a.m. on July 14th, 2004 - Invitation from the Ontario Heritage Foundation for the unveiling Settlement of Windermere plaque at 11:45 a.m. on July 14, 2004, with Lieutenant Governor of Ontario and former Lieutenant Governor of Ontario Lincoln Alexander to attend. - Official 25th anniversary ceremony of the Milford Bay Community Centre 25th at 11:00 am. on July 17, 2004.
11. Councillors’ Reports
a. Councillor Fairfield reported on the following items.
- District Community Services Report - architect for feasibility study - Muskoka-Parry Sound Health Unit report - Walker’s Point Community Centre annual general meeting - Muskoka Lakes Museum update - Russ Harvey, President – Liz Lundell Secretary
b. Councillor Nishikawa reported on the following items.
- Commented on favourable improvements to new businesses in Torrance - Invitation to attend Community Welcome Back Party hosted by the Walker’s Point Youth Club at the Walker’s Point Community Centre on July 1st at 6 p.m.
c. Councillor Thompson reported on the following items. A copy of the report is attached.
- District Council report - District Planning and Economic Development Committee report - draft economic, community and demographic profiles - Presentation of overview Aggregate Resources Act - Overview of staff report about Planning Reform documents - 2nd Home study – Information Study for Cottagers’ Associations - Waterfront Density Committee report - District Engineering & Public Works Committee - petitions – sewers River Street - Roads Needs Study update - Issue Skeleton Bay boat launch, someone dumped a load a rocks, water shallow - contractors complaining - would like rocks removed.
d. Councillor Hare reported on the following items.
- Thanked staff - College Pro signs removed. - Commented one less speaker in Port Carling
Council Minutes – June 28, 2004 - Page #13 e. Councillor Grady reported on the following items.
- Dark Sky initiative - discussion - Bala Strategic Plan Committee requested update on Snowmobile Bridges
In response to Councillor Grady, Councillor Hare agreed to set up a meeting regarding this matter.
f. Councillor Ellis reported on the following item.
- Waterfront Density Committee meeting to be held on August 5th, 2004.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, June 29, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, June 30, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, June30, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Wednesday, June 30, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss personal matters.
Resolution Number: C-25-06/28/04
Councillor Hare – Councillor Thompson: Be it resolved that Council in closed session will be held to discuss personal matters.
Carried.
Resolution Number: C-26-06/28/04
Councillor Thompson – Councillor Hare: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
14. Proceedings By-law Council Minutes – June 28, 2004 - Page #14
a. Resolution Number: C-27-06/28/04
Councillor Hare – Councillor Thompson: Be it resolved that By-law 2004-98, being a by-law to confirm the proceedings of the meeting of Council held on June 28, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-28-06/28/04
Councillor Grady – Councillor Hare: Be it resolved that this meeting adjourn at 12:56 p.m. and the next regular Meeting of Council will be held on Monday, July 19, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – June 28, 2004 - Page #15
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES – COUNCIL MEETING Monday, July 19, 2004
A Regular Meeting of Council was held on Monday, July 19, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk L. Troup - Public Works Superintendent Karen Ellis N. Donald - Development Services Coordinator Adele Fairfield C. Minty - Administrative Assistant Don Goltz Mary Grady Brian Hare Stewart Martin Regrets: Nancy Thompson Ruth Nishikawa Ian Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
Mayor Pryke introduced Douglas Bryden, the new president of the Township of Muskoka Lakes Ratepayers Association (TMLRA). Mr. Bryden advised that he was pleased to be working with the Township of Muskoka Lakes and the TMLRA and reviewed the TMLRA’s focus for the future.
2. Delegations
a. Gunta Towsley, Ullswater Citizens Group, and Ron Brent, attended at 9:05 a.m. Re: Planning and Community Development Committee meeting minutes held on June 30, 2004 (Item 3.d. below).
Ms. Towsley circulated and reviewed her presentation to Council, a copy of which is attached. Mayor Pryke requested that she withhold reading of the third point as it is a legal matter. Ms. Towsley agreed not to read this portion.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on June 28, 2004.
Council Minutes – July 19, 2004 Page #1 Resolution Number: C-1-07/19/04
Councillor Thompson – Councillor Wallace: Be it resolved that the Minutes of the Council Meeting held on June 28, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on June 29, 2004.
Councillor Martin reviewed the minutes for Council.
In response to Councillor Nishikawa, the Clerk Administrator advised that the scanning of municipal roll files had been completed at approximately $15,000.00 over budget (item 9.a. of the minutes).
Councillors Fairfield and Nishikawa reported that a meeting was to be held tonight, July 19, with Mr. Wally Henderson and representatives of the Bala Cranberry Festival to resolve access issues of Maple Avenue during the festival (item 6.a.1. of the minutes).
Resolution Number: C-2-07/19/04
Councillor Grady – Councillor Goltz: Be it resolved that the Minutes of the Management and Services Committee Meeting held on June 29, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on June 30, 2004.
Mayor Pryke commented that the resolution passed regarding the assessment of recreational vehicles had been forwarded to the Ministry of Finance and the Legislative Assembly (item 6.b. of the minutes).
Resolution Number: C-3-07/19/04
Councillor Goltz – Councillor Hare: Be it resolved that the Minutes of the Planning Council Meeting held on June 30, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on June 30, 2004.
Councillor Ellis reviewed the minutes for Council.
In response to Councillor Hare, Mr. Fahner stated that staff would review the cost of paving, landscaping and storm water management works for SP-14/04, The Daul Investment Group Inc. and arrive at an adequate security amount to cover the costs involved (item 4.c.i. of the minutes).
Councillor Hare reported that the Crema’s boathouse doors were the same colour as the boathouse walls (item 4.g.ii. of the minutes). Council Minutes – July 19, 2004 - Page #2
Resolution Number: C-4-07/19/04
Councillor Martin – Councillor Fairfield: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on June 30, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
6. By-laws
a. By-law 2004-105, (Holley & Johnson)
Resolution Number: C-5-07/19/04
Councillor Hare – Councillor Goltz: Be it resolved that By-law 2004-105, being a by-law to deem Lots 17, 17A, Plan M-127, and Lots 18 and 20, Plan 9, (Watt), not to be lots on a Plan of Subdivision, (2-23-039-01/038), Holley & Johnson, be read a first, second and third time and finally passed.
Carried.
b. By-law 2004-96, (Malinowski) and By-law 2004-97, Mill Rates
Mayor Pryke explained that By-law 2004-97, (Mill Rates), was being deferred to the July 21, 2004 Planning Council Meeting for consideration.
Resolution Number: C-6-07/19/04
Councillor Goltz – Councillor Grady: Be it resolved that the following by-law be read a first and second time.
- By-law 2004-96, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 4, Concession 12, Skeleton Lake, (Watt), designated as Part 2 on Plan 35R-19862, Malinowski, (2-18-071).
Carried.
Resolution Number: C-7-07/19/04
Councillor Martin – Councillor Fairfield: Be it resolved that By-law 2004-96 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
Council Minutes – July 19, 2004 - Page #3 a. A list of the July 19, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
9. Other Business
a. Consideration of Resolution Re: Handicapped parking – Joseph Street, Port Carling.
The Public Works Superintendent reported that Saundra Turnbull requested that one handicapped parking space (parallel parking) be allocated in front of the Village Place. He read aloud correspondence received from the District of Muskoka wherein they have no objection to this proposal. He suggested that if this space was permitted, it should be restricted to a 2 hour parking limit for reasons of consistency throughout town.
Council deferred this request for more information and requested that District staff be invited to attend a future meeting.
b. Correspondence from Hydro One Re: Foot’s Bay Distribution Station – MacDonald Road and Gostick Road – Environmental Site Assessment.
Mayor Pryke read aloud correspondence received from Hydro One regarding the Foot’s Bay Distribution Station, a copy of which is attached.
c. Discussion Re: Rural By-law
In reference to item 2.a., delegations, the Director of Planning explained that the Township held a public meeting in May 1999 prior to the passage of Rural By-law 2002-102. This met legislative requirements under the Planning Act. He also confirmed that two paper copies of the maps were available at that time, which have now been digitized.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- Meeting with Finance Minister Greg Sorbara on July 12, 2004 – Consultation process for transition plan for Muskoka, perhaps funding opportunities for rural Ontario as rural areas share commonalities, Port Sandfield Docks issue discussed, Minister attended facility. - Forwarded response to Northern Development and Mines Minister Rick Bartolucci (item 4.f. of the June 29 Management and Services Committee meeting minutes). - Thanked staff for efforts on July 14 - Windermere Heritage Plaque Unveiling and Windermere Washroom/Changeroom Official Opening. Submitted media releases and backgrounder for both events, copies are attached.
Council Minutes – July 19, 2004 - Page #4 - Pinelands Resort – Muskoka Lakes Heritage Committee, in a close vote, defeated a motion for Pinelands Resort to be designated. A demolition permit has been issued. Councillors were provided with a copy of the process for Heritage designation. - Congratulated Councillor Goltz and the Milford Bay Community Centre Hall Board on the 25th Anniversary of the Community Centre Construction celebration. - Thanked Councillor Thompson for emceeing official opening of the Windermere Washroom/Changeroom facility.
In response to Councillors’ questions, Mayor Pryke elaborated further on the Mayors’ and District Chair’s meeting with Minister Sorbara regarding the District’s removal from Northern Ontario status.
11. Councillors’ Reports
a. Councillor Grady reported on the following item.
- Wished the Port Carling Communities in Bloom Committee best wishes with their 2004 judging in the National Competition this week.
b. Councillor Martin reported on the following items.
- Commented on success of the July 14 Windermere Heritage Plaque Unveiling / Windermere Washroom/Changeroom Official Opening / Windermere Family Fun Day celebrations. - Attended July 17 long range waste management plan meeting held at the Port Carling Memorial Community Centre – they are seeking public input on future of waste management in Muskoka.
c. Councillor Fairfield reported on the following items.
- Community Services Committee Report – Ian Turnbull, Commissioner of Community Services received award from Family, Youth and Child Services. - Muskoka Lakes Museum Board report - 1st meeting of new board was held – they hope to have Museum open soon with a long range plan – next meeting is July 21, 2004. - Muskoka-Parry Sound Health Unit report – Press Release Re: Ontario’s Chief Medical Officer of Health steps in to help Health Unit. - Bliss House and Learning Centre in Bala – attended official opening – commended them on their accomplishments.
In response to Councillor Fairfield, Mayor Pryke noted that she has asked that copies of the Family, Youth and Child Services minutes be forwarded. Councillor Nishikawa noted that she liaises with the service perhaps twice per year but does not attend the meetings.
Council Minutes – July 19, 2004 - Page #5 d. Councillor Wallace reported on the following items.
- Announced that the Communities in Bloom judges would be attending the municipal office on July 21, 2004. - Thanked Council, Township staff and District for their assistance with respect to Communities in Bloom.
Mayor Pryke commended Communities in Bloom for their efforts in 2004.
e. Councillor Nishikawa reported on the following items.
- Attended Bliss House and Learning Centre official opening – praised them on their efforts. - Raised policing concerns. - Use of garbage bins at marinas. Referred to July 20, 2004 Management and Services Committee meeting for discussion.
With respect to policing, Mayor Pryke suggested that Detachment Commander Snodden be invited to attend a future meeting.
f. Councillor Thompson reported on the following items.
- Raymond Community Centre Hall Board – request for increased parking at the facility. - Commented on the closure of the Leslie M. Frost Centre. - Star Party – anniversary of August 2003 blackout. - Attended Watershed Council Report Card presentation. - Attended July 14 Windermere Heritage Plaque Unveiling and Windermere Washroom/Changeroom Official Opening – Congratulated Mayor Pryke for her efforts.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, July 20, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, July 21, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, July 21, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, July 22, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss legal matters.
Council Minutes – July 19, 2004 - Page #6 Resolution Number: C-8-07/19/04
Councillor Martin – Councillor Fairfield: Be it resolved that Council in Closed Session will be held to discuss legal matters.
Carried.
Resolution Number: C-9-07/19/04
Councillor Goltz – Councillor Grady: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
The following report resulted from discussion held during Council in closed session.
- On the matter of Rural By-law 2002-102, Council feels that proper procedure with respect to legislative requirements was met. A letter to the effected party will be issued to this affect.
14. Proceedings By-law
a. Resolution Number: C-10-07/19/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2004-108, being a by- law to confirm the proceedings of the meeting of Council held on July 19, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-11-07/19/04
Councillor Thompson – Councillor Wallace: Be it resolved that this meeting adjourn at 11:14 a.m. and the next regular Meeting of Council will be held on Monday, August 9, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Council Minutes – July 19, 2004 - Page #7
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, August 9, 2004
A Regular Meeting of Council was held on Monday, August 9, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke S. Fahner - Acting Clerk Administrator C. Mortimer - Deputy Clerk Councillors: L. Troup - Public Works Superintendent N. Donald - Development Services Coordinator Karen Ellis A. Ghikadis - Development Planner Adele Fairfield C. Minty - Administrative Assistant Don Goltz Mary Grady Brian Hare Stewart Martin Regrets: Nancy Thompson Ruth Nishikawa Ian Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Saundra Turnbull, The Village Place, did not attend at 9:00 a.m. due to illness Re: Parking – Port Carling.
b. Inspector Bill Snodden, Detachment Commander, Bracebridge OPP, attended at 11:00 a.m. Re: Policing.
Mayor Pryke introduced and welcomed Inspector Snodden. Inspector Snodden highlighted recent statistics for Muskoka Lakes noting that incidents are down. He updated Council on policing in Port Carling and Bala with respect to resort nights and long weekends. He also commented that the marine unit has been very successful this summer.
Councillors commented on items of concern for Inspector Snodden to address regarding vandalism, traffic control, patrol of municipal parks, use of lights by tow- trucks and dispatching of calls.
Council commended the OPP for their cooperation and thanked Inspector Snodden for his report.
Council Minutes – August 9, 2004 Page #1 c. Janet Amos, Chair, Muskoka Lakes Municipal Heritage Committee, attended at 11:30 a.m. Re: Pinelands Lodge.
Ms. Amos advised that following her attendance at the July 20, 2004 Management and Services Committee meeting, the Heritage Committee held a special meeting on July 29, 2004 to further discuss Pinelands Lodge. At that time, the Heritage Committee adopted three resolutions with recommendations as indicated in her report to Council dated August 6, 2004. A copy of the report is attached.
She explained that at their July 29th meeting, the Committee expressed their support for the designation of Pinelands main lodge, however, provided resolutions for Council to consider should the designation not occur. Their main concern with respect to the potential heritage value was the premature demolition of the lodge.
Ms. Amos also advised that the Heritage Committee would be meeting in August to discuss flagging of heritage properties that are inventoried.
Mr. Walter Prychidny of Pinelands Lodge attended the meeting and advised that the resort would be in operation until Thanksgiving.
It was the consensus of Committee to invite Mr. Prychidny to the next Planning and Community Development Committee meeting prior to making any decisions.
In response to Councillor Thompson, Mayor Pryke noted that the Heritage Committee would be addressing Tamwood Lodge.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on July 19, 2004.
Resolution Number: C-1-08/09/04
Councillor Thompson – Councillor Grady: Be it resolved that the Minutes of the Council Meeting held on July 19, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on July 20, 2004.
Councillor Martin noted that he was not in attendance at the July 20 meeting.
Councillor Thompson reviewed the minutes for Council.
Councillor Hare requested that Resolution Number MSC-1-07/20/04 (item 2.b. of the minutes) be withdrawn and referred to a future Council meeting to allow District staff to attend at that time. Council concurred and the following resolution was passed.
Council Minutes – August 9, 2004 - Page #2 Resolution Number: C-3-08/09/04
Councillor Hare – Councillor Grady: Be it resolved that Resolution Number MSC-1-07/20/04 passed by the Management and Services Committee on July 20, 2004 be withdrawn from the minutes and referred to a future council meeting.
Carried.
Resolution Number: C-2-08/09/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Management and Services Committee Meeting held on July 20, 2004, be adopted and approved as amended.
Carried.
c. Minutes of the Planning Council Meeting held on July 21, 2004.
Resolution Number: C-4-08/09/04
Councillor Grady – Councillor Thompson: Be it resolved that the Minutes of the Planning Council Meeting held on July 21, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on July 22, 2004.
Councillor Ellis reviewed the minutes for Council.
In answer to Councillor Nishikawa’s question regarding item 4.ii), McCrea, Mr. Fahner stated that neither docks nor boathouses are permitted in an Ru2 zone. He noted that Ms. Ghikadis has met with Christy Doyle, agent for the applicant, who is aware that no shoreline structures are permitted.
Resolution Number: C-5-08/09/04
Councillor Martin – Councillor Fairfield: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on July 22, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
Council Minutes – August 9, 2004 - Page #3 5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-101, ZBA-38/04, Elliott, Part of Lot 16, Concession 6 (Monck), Plan 35R-12561, Parts 7, 8 & 9, Kerrydale Road, Lake Muskoka, Roll # 9-3-003-05. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
No one attended the meeting in support or in opposition to the application.
Councillor Goltz commented that he knows the property well.
b. By-law 2004-102, ZBA-40/04, Rutherford, Part of Lot 19, Concession 4 (Medora), Lake Joseph, Roll # 6-14-023. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letter received from the following people. Ms. Ghikadis read the letter aloud, a copy of which is attached.
• Debra Anthony and David Shindman
Photographs were circulated to Council.
Mr. Grant Williamson, Elmo Starr Construction Ltd, RR # 2, Port Carling, Ontario P0B 1J0 attended the meeting as agent for the applicant to answer any questions.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Wallace’s question, Mr. Williamson stated that the stairs outside of the proposed boathouse lead to a sun deck. There is no upper floor in the boathouse.
In answer to Councillor Hare’s question, Mr. Fahner stated that there are certain limitations on what Council could add to the by-law but you cannot dictate how it is to be constructed (ie. trussed roof).
Council Minutes – August 9, 2004 - Page #4 In answer to Councillor Ellis’ question, Mr. Williamson stated that site plan control and additional plantings would not be a problem.
In answer to Councillor Grady’s question, Mr. Williamson stated that the height of the proposed boathouse is 16 feet to the ridge. He noted that the by-law permits it to be 25 feet in height.
c. By-law 2004-103, ZBA-37/04, Husain & Hussain, Part of Lot 4, Concession 14 (Medora), Plan BR-738, Parts 2-4, Murphy Road, Lake Joseph, Roll # 4-8-062. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Ross King on behalf of Edward and Eleanor King • Betty and Ron Henderson • Doug and Erika Deguerre • Ricardo and Margarita Castillo
iii) Letter from John Hiley, OLS confirming the front yard setback at 14.5 feet. A copy of the letter is attached.
Photographs were circulated to Council.
Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario P1L 1V2 attended as agent for the applicant. He stated that the second storey of the sleeping cabin would not be used for human habitation and they will remove the screening from the deck.
Mr. Doug Morrison, Box 2015, Bracebridge, Ontario P1L 1V9 attended the meeting. Mr. Morrison circulated photographs of the sleeping cabin. He agreed that the second floor should be converted to attic space only.
Mr. Roger Poirier, 57 Balmoral Avenue, Toronto, Ontario M4V 1J5 attended the meeting with concerns. He noted that there is considerable density on this property. He felt the sketch of the property is not accurate and requested that a survey be submitted for accurate measurements and lot coverage calculations. He requested that Council stop any further density on this lot.
Ms. Ghikadis confirmed that a survey has not been submitted. A survey on file shows the location of the boathouse and it does encroach on the projected side lot line. Staff visited the property and noted that the structures are generally in the location that is shown on the plot plan. She noted that the boathouse and dwelling are legal non-complying and are not part of the application.
Council Minutes – August 9, 2004 - Page #5 Mr. Roche indicated that lot coverage is less than 10% and no further buildings are permitted. As for the concerns from Mr. Poirier, he felt that the sleeping cabin would not have any significant impact on his property due to its location.
In answer to Councillor Fairfield’s question, Ms. Ghikadis stated that a two storey sleeping cabin was constructed in 1982 and the covered porch was added in 1995.
In answer to Councillor Hare’s question, Ms. Ghikadis stated that a screened room is habitable space according to the by-law. This was added to the by-law in 1995.
In answer to Councillor Ellis’ question, Ms. Ghikadis stated what was constructed was not what was originally applied for in 1982.
In answer to Councillor Thompson’s question, Ms. Ghikadis stated that Council could do a minor amendment to the by-law to accept setback at 14.5 feet and stated that if the sleeping cabin is reconstructed then it is to comply with the by-law. The setback, however, was not circulated.
In answer to Councillor Fairfield’s question, Mr. Donald stated that the owner is responsible for a building permit. It remains active until all inspections are completed.
Dr. Amna Hussain, 12 Glenarden Road, Toronto, Ontario M6C 3J9 attended the meeting. Dr. Hussain noted they inherited this problem when they purchased the property and would like to get it resolved.
Mr. Poirier requested Council limit further construction on the property.
d. By-law 2004-104, ZBA-36/04, Finlay, Part of Badgerow Island, Lake Joseph (Medora), Plan 35, Lots 3, 4 & Reserve D, Roll # 4-25-008. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Photographs were circulated to Council.
Mr. Jim Dyment, Meridian Planning Consultant, 113 Collier Street, Barrie, Ontario L4M 1H2 attended the meeting as agent for the applicant. He noted that the existing cottage is the boathouse. A rock bluff limits the placement of structures on the land. The second sleeping cabin will be located above the rock bluff and minimal vegetation would be removed. The proposed front yard setback would be approximately 100 feet and they intend to expand the septic system. He suggested that Council might wish to impose site plan control. He felt it is a better alternative than to add on to the existing dwelling.
Council Minutes – August 9, 2004 - Page #6 No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Grady’s question, Mr. Dyment stated that the owners do not want to sever the property.
In answer to Councillor Wallace’s question, Mr. Dyment stated that the proposed sleeping cabin would be built in compliance with the by-law.
6. By-laws
a. By-law 2004-101, (Elliott)
Councillor Nishikawa could not support this application. She felt it is not a small addition and mature trees will have to be removed.
Councillor Ellis offered her support. It is under site plan control and is further back than the existing building.
Councillor Hare offered his support due to the lot coverage is only at 7%.
Resolution Number: C-8-08/09/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-101, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 16, Concession 6 (Monck), Plan 35R- 12561, Parts 7, 8 & 9, Kerrydale Road, Lake Muskoka, Elliott, 9-3-003-05, be read a first and second time.
Carried.
Resolution Number: C-9-08/09/04
Councillor Ellis – Councillor Wallace: Be it resolved that By-law 2004-101, (Elliott) be read a third time and finally passed.
Carried.
b. By-law 2004-102, (Rutherford)
Resolution Number: C-10-08/09/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004-102, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 19, Concession 4 (Medora), Lake Joseph, Rutherford, 6-14-023, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The height of the reconstructed boathouse is to be 16 feet only.
Council Minutes – August 9, 2004 - Page #7 Resolution Number: C-11-08/09/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-102 (Rutherford) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-12-08/09/04
Councillor Wallace – Councillor Fairfield: Be it resolved that By-law 2004-102, (Rutherford) be read a third time and finally passed.
Carried.
c. By-law 2004-103, (Husain & Hussain)
Councillor Nishikawa felt we would not be gaining anything by removing the screening from the porch or the second floor and offered her support.
Councillor Hare supported the application. He noted that the history does not involve the new owners.
Councillor Wallace supported the removal of the screens and also wanted the stairs be removed to the upper floor in the sleeping cabin.
Councillor Grady stated that the applicant is willing to remove the screen and the upper floor should be used for attic space only.
Councillor Fairfield concurred with Councillor Nishikawa. She added that the minor amendment for the setback should be included. Councillor Hare concurred.
Councillor Ellis stated that the screens should be removed, the second storey not used for human habitation and if it is reconstructed then it should comply.
Resolution Number: C-13-08/09/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004-103, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 4, Concession 14 (Medora), Plan BR-738, Parts 2-4, Murphy Road, Lake Joseph, Husain & Hussain, 4-8-062, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The screened portion of the porches must be removed, if the sleeping cabin is reconstructed in the future it must comply with current zoning by-law requirements. The setback of the building was recognized at 14.5 feet.
Council Minutes – August 9, 2004 - Page #8 Resolution Number: C-14-08/09/04
Councillor Wallace – Councillor Fairfield: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-103 (Husain & Hussain) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-15-08/09/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004-103, (Husain & Hussain) be read a third time and finally passed.
Carried.
d. By-law 2004-104, (Finlay)
Resolution Number: C-16-08/09/04
Councillor Wallace – Councillor Fairfield: Be it resolved that By-law 2004-104, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Badgerow Island, Lake Joseph (Medora), Plan 35, Lots 3, 4 & Reserve D, Finlay, 4-25- 008, be read a first and second time.
Carried.
Resolution Number: C-17-08/09/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004-104, (Finlay) be read a third time and finally passed.
Carried.
e. By-law 2004-106, (Wakelin) and By-law 2004-107, (Thompson). Copies of the surveys are attached.
Resolution Number: C-18-08/09/04
Councillor Hare – Councillor Grady: Be it resolved that the following by-laws be read a first and second time.
- By-law 2004-106, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 9, Concession 6, Three Mile Lake, (Watt), designated as Part 1 on Plan 35R-20239, Wakelin, (2-14-066).
Council Minutes – August 9, 2004 - Page #9 - By-law 2004-107, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 26, Concession 8, Lake Muskoka, (Monck) designated as Part 2 on Plan 35R-20246, Thompson, (9-9-038).
Carried.
Resolution Number: C-19-08/09/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004- 106 and By-law 2004-107 be read a third time and finally passed.
Carried.
f. By-law 2004-114, (Fire Chief)
Mayor Pryke announced that Jim Sawkins will be filling the position of Fire Chief for the Township of Muskoka Lakes on August 30, 2004. Councillor Martin stated that Mr. Sawkins comes highly qualified for the position.
Resolution Number: C-20-08/09/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that By-law 2004-114 being a by-law to appoint a Fire Chief for the Township of Muskoka Lakes Fire Department be read a first, second, and third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the August 9, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Consideration of resolution to request proposals for an engineering study on the Port Sandfield Docks.
Resolution Number: C-21-08/09/04
Councillor Ellis – Councillor Grady: Be it resolved that staff be and are hereby authorized to advertise to request proposals for an engineering study on the structural condition and heritage values of the Port Sandfield docks.
Carried.
Council Minutes – August 9, 2004 - Page #10 2. Report from the Director of Planning Re: Provincial Planning Reform 2004 – Position Paper of the Township of Muskoka Lakes. A copy of the report is attached.
Resolution Number: C-22-08/09/04
Councillor Grady – Councillor Hare: Be it resolved that Council forward the Township’s Planning Act Reform 2004 – Position Paper to the Province.
Carried.
The Director of Planning was instructed to forward the position paper to the Province.
b. Tenders
1. Consideration of resolutions to open, tabulate and accept a tender for an accessibility lift elevator at the Milford Bay Community Centre.
Duncan Ross, Architect, attended the meeting at 10:35 a.m.
Resolution Number: C-6-08/09/04
Councillor Goltz – Councillor Martin: Be it resolved that the tender submissions for the accessibility lift at the Milford Bay Community Centre be opened and tabulated.
Carried.
The following tender was opened and tabulated.
R & G Construction $84,835.00 plus GST
The Development Services Coordinator indicated that the budget allocation for this expenditure was $55,000.00 with an approved grant in the amount of $36,400.00 from the Ontario Trillium Foundation.
Mr. Ross and the Development Services Coordinator explained that some factors of the project were underestimated, including the difficulty of the installation. Additionally, following further consultation with the hall board, the lift was relocated. These factors increased costing.
Council discussed options available, however agreed that this was the best solution to make the hall accessible.
Resolution Number: C-7-08/09/04
Councillor Wallace – Councillor Fairfield: Be it resolved that the tender submission received from R&G Construction in the amount of $84,835.00 + GST be accepted for the accessibility lift at the Milford Bay Community Centre and any funds exceeding the budgeted amount come from Reserves.
Carried.
Council Minutes – August 9, 2004 - Page #11 9. Other Business
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services report – recommended the purchase of computer servers for the area municipalities. The Clerk Administrator will be reporting on this item at a future meeting. - Commented on the efforts to keep the Leslie M. Frost Centre open. Council agreed to consider a resolution at the August 10, 2004 Management and Services Committee meeting. - Business Expansion and Retention project – update. - Muskoka Lakes Museum – 40th Birthday Party – Saturday, August 21, 2004 from 2:00 p.m. to 4:00 p.m. - Public Information Session – Touchstone Development - Aston Resort / Tamwood Lodge – Saturday, August 14, 2004 from 9:00 a.m. to 11:00 a.m.
Council noted that they have not yet seen planning applications for Touchstone Developments proposal for the two resorts.
11. Councillors’ Reports
a. Councillor Martin reported on the following item.
- Muskoka Airport report – update on the Norwegian Project - Helicopter training centre up and running.
b. Councillor Fairfield reported on the following items.
- Muskoka Lakes Museum report – Museum had a successful opening weekend – upcoming 40th Birthday Party celebrations. - Muskoka – Parry Sound Health Unit – update. - Walkers Point Community Centre report – held a successful fundraiser (spaghetti dinner).
c. Councillor Nishikawa reported on the following items.
- Hardy Lake Park – emergency 1st response incident on the weekend - trail system will be part of the fire department’s training in the future. - Commented on taxation / mitigation efforts.
d. Councillor Thompson reported on the following items.
- District Planning and Economic Development Committee report – watershed planning reform. - Commended Communities in Bloom on their recent luncheon. - Upcoming Dark Sky Party – anniversary of August 2003 Blackout.
Council Minutes – August 9, 2004 - Page #12 e. Councillor Grady reported on the following items.
- Commented on orders to comply. - Councillors are invited to a Bala Communities in Bloom function in conjunction with the judging of Bala.
f. Councillor Ellis reported on the following items.
- Waterfront Density will be discussed next at the September 2, 2004 Planning and Community Development Committee Meeting. - Commented on changes in Muskoka.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, August 10, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, August 11, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, August 11, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, August 12, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Closed Session was scheduled to discuss personal matters but was not held.
14. Proceedings By-law
a. Resolution Number: C-23-08/09/04
Councillor Hare – Councillor Grady: Be it resolved that By-law 2004-118, being a by-law to confirm the proceedings of the meeting of Council held on August 9, 2004, be read a first, second and third time and finally passed.
Carried.
Council Minutes – August 9, 2004 - Page #13 15. Adjournment
a. Resolution Number: C-24-08/09/04
Councillor Martin – Councillor Fairfield: Be it resolved that this meeting adjourn at 1:18 p.m. and the next regular Meeting of Council will be held on Monday, August 30, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke S. Fahner, Acting Clerk Administrator
Council Minutes – August 9, 2004 - Page #14
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, August 30, 2004
A Regular Meeting of Council was held on Monday, August 30, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk L. Troup - Public Works Superintendent Karen Ellis N. Donald - Development Services Coordinator Adele Fairfield A. Ghikadis - Development Planner Mary Grady C. Minty - Administrative Assistant Brian Hare Stewart Martin Regrets: Nancy Thompson Ruth Nishikawa Don Goltz Ian Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Saundra Turnbull, The Village Place (5-5-067), and Jim Sword, District of Muskoka, attended at 10:40 a.m. Re: Parking – Port Carling.
Saundra Turnbull inquired why her historical parking spaces had been eliminated at her property. It was her opinion that if a parallel parking space was not established in front of her store, vehicles would park there illegally. She requested that this space be designated as a handicapped parking space.
Mayor Pryke advised that at the August 9, 2004 Council meeting, Resolution Number MSC-1-07/20/04 was withdrawn from the July 20, 2004 Management and Services Committee Meeting minutes and referred to a future meeting to allow Mrs. Turnbull and District staff to attend.
Mr. Sword suggested that the designation of a parallel parking space in this location was not ideal, but would be a better scenario that angle parking. This space is limited, however, it is consistent with other parking spaces in Muskoka.
Committee members expressed concerns with respect to establishing a handicapped parking space at this location for safety reasons.
Council Minutes – August 30, 2004 Page #1 The Development Services Coordinator and the Public Works Superintendent commented that the establishment of the no-parking zone along this stretch of street has resolved a parking problem in this vicinity.
Councillor Fairfield requested a recorded vote.
Resolution Number: C-14-08/30/04
Councillor Thompson – Councillor Wallace: Be it resolved that the Township of Muskoka Lakes request the District of Muskoka to establish a handicapped parking space in front of 96 Joseph Street, Port Carling, with a 2 hour parking limit, subject to review prior to September, 2005.
RECORDED VOTE: NAYS YEAS
Councillor Ellis _X______Councillor Fairfield _X_ ____ Councillor Goltz ______Councillor Grady _X______Councillor Hare _X_ ____ Councillor Martin _X_ ____ Councillor Nishikawa ____ _ X_ Councillor Thompson _ X_ ____ Councillor Wallace _ X_ ____ Mayor Pryke _ __ _ X_
Totals _ 7_ 2__
Defeated.
b. Vernon Heeneman attended at 11:15 a.m. Re: Rural Economic Development (RED) Project. Jamie McBride sent regrets as he was unable to attend.
Mr. Heeneman informed Council of the RED Program. It is a program for community development initiatives that help rural communities with development and economic growth. Through this initiative, funding is available. He is one of other local businesses who wish to pursue funding through this program and suggested possible economic development projects that may be undertaken. They have retained someone to apply for funding, however, they require support through a partnership at the municipal level. They are seeking administrative support not financial. Their group is at stage one of the application process.
Resolution Number: C-15-08/30/04
Councillor Martin – Councillor Hare: Be it resolved that the Township of Muskoka Lakes supports in principle the proposal put forward by Vernon Heeneman at the August 30th meeting of Council to secure funding through the Rural Economic Development Program.
Carried.
Council Minutes – August 30, 2004 - Page #2 3. Adoption of Minutes
a. Minutes of the Council Meeting held on August 9, 2004.
Resolution Number: C-1-08/30/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Council Meeting held on August 9, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on August 10, 2004.
Councillor Martin reviewed the minutes for Council.
Resolution Number: C-2-08/30/04
Councillor Hare – Councillor Grady: Be it resolved that the Minutes of the Management and Services Committee Meeting held on August 10, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on August 11, 2004.
Resolution Number: C-3-08/30/04
Councillor Wallace – Councillor Thompson: Be it resolved that the Minutes of the Planning Council Meeting held on August 11, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on August 12, 2004.
Councillor Ellis reviewed the minutes for Council.
Resolution Number: C-4-08/30/04
Councillor Fairfield – Councillor Martin: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on August 12, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
Council Minutes – August 30, 2004 - Page #3 5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-115, ZBA-43/04, Wallenburg, Part of Lot 19, Concession B (Medora), Parts 1-3, Plan 35R-18179, Kemp Road, Acton Island, Lake Muskoka, Roll # 6-21-014. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Barbara Hein • Tom and Rose DiGiacomo • Lynn Foster Randall
Ms. Marie Poirier, List Planning, 103 Southbank Drive, Bracebridge, Ontario P1L 1G3 attended the meeting as agent for the applicant. Ms. Poirier stated that they intend to remove one dwelling and convert the boathouse into a sleeping cabin. She felt that it would be an improvement to the density of the shoreline due to the size of the lot and the proposed building envelope. She noted that several boathouses along the shoreline consist of the same shoreline frontage coverage. She also noted the history of the bay and indicated that there were no neighbours objecting to the application. Ms. Poirier stated that her clients would reduce lot coverage down to 8%, add the provision in the by-law to prohibit reconstruction of the same boathouse and undertake a shoreline vegetation redevelopment plan.
Mr. and Ms. Wallenburg and family attended the meeting.
No one else attended the meeting in support or in opposition to the application.
In answer to Councillor Thompson’s question, Ms. Ghikadis stated that the shoreline coverage is at 62 feet or 22%. This does not include the boardwalk.
In answer to Councillor Grady’s question, Mr. Fahner stated that the by-law states that structures could be repaired to a safe condition. It is difficult to take rights away, as we allow interior renovations to legal non-complying structures. Ms. Poirier stated that they intend to do renovations as the kitchen will have to be removed and railings on the boathouse will have to be installed.
In answer to Councillor Nishikawa’s question, Mr. Fahner stated that the property is subject to site plan control. When they apply for the dwelling, the landscaping can be addressed.
In answer to Councillor Hare’s question, Mr. Fahner stated that they could maintain the structure forever.
Council Minutes – August 30, 2004 - Page #4 In answer to Councillor Thompson’s question, Ms. Ghikadis confirmed that Kemp Road is Township owned but not maintained. Mr. Fahner added that the Township normally considers these types of roads as private. Ms. Poirier stated that her clients are responsible and would take note of the road status and restore it to its pre-development conditions if there is damage during construction.
b. By-law 2004-116, ZBA-42/04, McCrea, Part of Lot 68 & 69, Concession A (Cardwell), District Road # 3 (Aspdin Road) Roll # 1-1-023/024. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Paul Marleau, MTO
iii) Email received from Julia McCrea. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant (the potential purchaser). Ms. Doyle stated that the applicants wish to construct a dwelling close to the lake. Photographs of the property were circulated to Council. The terrain is gentle where they intend to construct and they will reduce the size of the area to be rezoned. They also wish to have a dock on Haighton Lake and requested that the provision for dock be included. Ms. Doyle noted that the District of Muskoka has given preliminary road entrance approval. With regards to Ms. McCrea’s concern, Ms. Doyle noted that Dorothy Shaver of the Ministry of Natural Resources was contacted and had stated that these lands were not significant but noted that they had been included in the designation for conservation reserve.
Mr. Greg McCrea, 873 Manning Avenue, Toronto, Ontario M2M 1K4 attended the meeting in support of the application.
Mr. Joel Cohen and Ms. Elaine Cohen, 1362 Walker’s Point Road, Gravenhurst, Ontario P1P 1R2 attended the meeting as potential purchasers of the subject land.
In answer to Mayor Pryke’s question, Ms. Doyle stated that the access would not require any blasting. Mr. Cohen stated that he had consulted Warren Brent who reviewed the site and indicated that there will be minimum tree removal and depending on the size of rocks, they hope that there will be no blasting involved.
Council Minutes – August 30, 2004 - Page #5 6. By-laws
a. By-law 2004-115, (Wallenburg)
Councillor Ellis gave her support for the application, provided the applicants decrease lot coverage and increase the vegetation buffering. If the boathouse were to be reconstructed, she noted that it should comply with the by-law requirements.
In answer to Councillor Martin’s question, Ms. Ghikadis stated that a surveyor had confirmed the elevation of the boathouse to be 26.4 feet in height. That was less than what was circulated.
Councillor Thompson could not offer her support as it is over double what is normally allowed and felt that it is too large for a sleeping cabin.
Councillor Martin reluctantly supported the application due to the size of the sleeping cabin. Councillor Grady concurred.
Resolution Number: C-5-08/30/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004-115, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 19, Concession B (Medora), Parts 1-3, Plan 35R-18179, Kemp Road, Acton Island, Lake Muskoka, Wallenburg, 6-21-014, be read a first and second time.
Carried.
Prior to the third reading Council amended the by-law. The maximum lot coverage (being the footprint of all roofed structures) within the first 200 feet from the water is to be reduced from 10% to 8% of the lot area within the first 200 feet. If the converted sleeping cabin/second storey of the boathouse is rebuilt in the future, it will have to comply with all by-law requirements, including the maximum size requirement of 650 ft².
Resolution Number: C-6-08/30/04
Councillor Grady – Councillor Hare: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-115, (Wallenburg) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-7-08/30/04
Councillor Wallace – Councillor Thompson: Be it resolved that By-law 2004-115, (Wallenburg) be read a third time and finally passed.
Carried.
b. By-law 2004-116, (McCrea)
Council Minutes – August 30, 2004 - Page #6 Ms. Ghikadis noted that the applicants are willing to rezone only a portion of the lake, and this would protect other areas of the property.
Councillor Thompson gave her support for the application and a dock.
Resolution Number: C-8-08/30/04
Councillor Thompson – Councillor Wallace: Be it resolved that By-law 2004-116, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 68 & 69, Concession A (Cardwell), District Road # 3 (Aspdin Road), McCrea, 1-1-023/024, be read a first and second time.
Carried.
Prior to the third reading Council amended the by-law. The area that is to be rezoned to Rural (Ru2) was limited to that portion of the property located to the west and south of Haighton Lake. In addition, a dock is to be permitted on Haighton Lake in association with the Rural (Ru2) zone.
Resolution Number: C-9-08/30/04
Councillor Fairfield – Councillor Martin: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-116 (McCrea) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-10-08/30/04
Councillor Martin – Councillor Hare: Be it resolved that By-law 2004-116, (McCrea) be read a third time and finally passed.
Carried.
c. By-law 2004-127, (Bond)
Resolution Number: C-11-08/30/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-127, being a by-law to deem lots 3 and 4, Plan M234, (Bala), not to be lots on a Plan of Subdivision, Bond, 7-5-010-01, be read a first, second and third time and finally passed.
Carried.
d. By-law 2004-126, (Acton Island Road / Innisfree Road – Speed Limit)
Resolution Number: C-12-08/30/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-126, being a by-law to amend By-law 86-133, being a by-law to regulate traffic in the Township of Muskoka Lakes (Acton Island Road / Innisfree Road – Speed Limit) be read a first, second and third time and finally passed.
Carried. Council Minutes – August 30, 2004 - Page #7
7. Correspondence to be Tabled
a. A list of the August 30, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
1. Consideration of resolution to open and tabulate proposals for an engineering study for the Port Sandfield Docks.
Resolution Number: C-13-08/30/04
Councillor Hare – Councillor Ellis: Be it resolved that proposals be opened and tabulated for an engineering study on the Port Sandfield Docks.
Carried.
The following proposals were opened and tabulated.
- Cumming Cockburn Limited (CCL) - $19,893.44 including all applicable taxes - Byrne Engineering Inc. - $15,863.00 including all applicable taxes - Totten Sims Hubicki Associates - $19,634.50 including all applicable taxes - Riggs Engineering - $19,773.00 including all applicable taxes - CC Tatham & Associates Ltd. - $19,500.00 plus GST
The Public Works Superintendent advised that he would review the submissions and present a recommendation at the September 1, 2004 Planning Council meeting.
2. Verbal report from Mayor Pryke Re: Muskoka Lakes Sports Park Project – Request for Proposals.
Mayor Pryke, Muskoka Lakes Sports Park Construction Liaison Committee Chair, reported on their August 19, 2004 Committee meeting. She advised that eleven RFP packages were acquired for phase 3 of the project, however no submissions were received.
The Liaison Committee recommended that the Township act as the general contractor for phase 3 and requested that staff contact the Northern Ontario Heritage Foundation Corporation (NOHFC) to see if this would be feasible as well as breaking the project down into smaller components.
The Liaison Committee also considered options for irrigation and determined that an in-ground system be installed and be included as a component of phase 3.
Staff met with Trish Manning, Northern Development Advisor, NOHFC, to determine the best possible course of action. Following this, staff wrote to the NOHFC Board requesting a completion date extension from December 31, 2004
Council Minutes – August 30, 2004 - Page #8 to August 31, 2005 plus permission to break phase 3 down into 5 smaller components. Since then, we have been advised that the board meets once per month and our request will be considered in September.
In the meantime, Gord Crosby (Totten Sims Hubicki) is breaking down phase 3 into five separate contracts for RFP’s, as follows:
1. playground equipment and accessories. 2. skateboard park. 3. landscaping. 4. lighting. 5. irrigation system.
Phase 4 of the project is the washroom-changeroom, pavilion and storage facility.
9. Other Business
a. Verbal report from Councillor Adele Fairfield Re: Citizens' meetings and action plans - South Muskoka Memorial Hospital Emergency Room Closure.
Councillor Fairfield reported on recent information and fact finding meetings that she attended to review possible options to prevent the closure of the Emergency Room (ER) department at the South Muskoka Memorial Hospital (SMMH) on September 8, 2004. She noted the huge community outcry wherein petitions, letter writing and rally campaigns have been initiated to keep the ER open.
Councillor Fairfield presented a resolution to Council and requested their support as leaders of the community. She suggested that if passed, it be provided as direction to the Township’s SMMH Board representative. Council supported the resolution and agreed that it also be forwarded to Norm Miller, MPP, Parry Sound – Muskoka.
Resolution Number: C-16-08/30/04
Councillor Fairfield – Councillor Martin: WHEREAS the possible closure of the emergency department at South Muskoka Memorial Hospital (SMMH) has caused distress and alarm amongst the citizens served by the hospital;
AND WHEREAS the consensus of council and the citizens of Muskoka Lakes Township is that the Emergency Department must remain open;
AND WHEREAS citizens are looking to Council for strategies that will ensure the long-term viability of South Muskoka Memorial Hospital;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Muskoka Lakes requests that the Minister of Health facilitate the completion of the shared governance model and shared service arrangement between South Muskoka Memorial Hospital and Algonquin Health Services (Huntsville) within the next three months;
THAT the Minister of Health investigate a new Alternative Funding Arrangement for emergency department doctors that is not based solely on volume of patients;
THAT the SMMH board make Emergency and Urgent care a priority in their operational budget and rationalize other services following a public consultation; Council Minutes – August 30, 2004 - Page #9
THAT the SMMH board investigate creative solutions that will assist in securing operational funds from the Province, using the best practices of other hospitals as a model;
THAT the SMMH board ensure that capital requirements capable of being funded by the South Muskoka Hospital Foundation are utilized to ensure that private donations to the Foundation are used to best advantage during periods of operational constraint;
AND FUTHER THAT this resolution be forwarded the Minister of Health and the board of South Muskoka Memorial Hospital and circulated to all Muskoka councils for their support.
Carried.
b. Tabled Petitions
Mayor Pryke tabled the following petitions:
- Long Bay Road – requesting Township to take over year round maintenance. This item was referred to the Management and Services Committee. - Pinelands Resort (2 petitions) – requesting the Township to initiate heritage designation. This item was referred to the Planning and Community Development Committee. - Whiteside Road – requesting a reduced speed limit. This item was referred to the Management and Services Committee.
c. Fire Chief
The Clerk Administrator reported that the Fire Chief would commence work on September 20 rather than August 30.
10. Mayor’s Report
a. Mayor Pryke reported on the following item. A copy of the report is attached.
- Report on the 2004 AMO Conference (August 2004 – Ottawa) – signing of Memorandum of Understanding, highlighted keynote speakers, listed workshops attended, provincial ministers question period, new AMO president was elected (Roger Anderson).
11. Councillors’ Reports
a. Councillor Ellis reported on the following item.
- Attended rally for the South Muskoka Memorial Hospital to keep the ER open.
b. Councillor Grady reported on the following items.
- Attended rally for the South Muskoka Memorial Hospital to keep the ER open.
Council Minutes – August 30, 2004 - Page #10 - Attended Bala Community Centre Hall Board meeting – Health and Safety training required for board members and maintenance staff. This item was referred to the Township’s Health and Safety Committee for consideration. - Jaspen Park (Bala) –barriers blocking entrance hindering watering of plantings for Communities in Bloom. The Public Works Superintendent confirmed that a key could be provided. - Provided pamphlet on the new Heritage Walk in Bala. - Provided pamphlet on the 2004 Bala Cranberry Festival – October 15, 16 and 17.
c. Councillor Thompson reported on the following items.
- Commented on Touchstone Proposal. - District Planning and Economic Development Committee report – Ontario’s Living Legacy, Trent Severn Waterway policies. - Bent River Woman’s Institute -new bell tower. - Attended Raymond – Windermere Fire Department fundraiser.
e. Councillor Nishikawa reported on the following items.
- 2004 AMO Report (August 2004 – Ottawa) – reported on workshop sessions attended – commented on emergency services – visited MP’s office (Hon. Andy Mitchell). - Attended Torrance – Walkers Point Fire Department fundraiser.
f. Councillor Wallace reported on the following items.
- Port Carling Communities in Bloom fundraisers - boat show and banquet. - Attended Touchstone proposal public information meeting. - Attended Bent River Woman’s Institute – new bell tower – bell ringing. - Attended Minett Fire Department fundraiser. - Attended Raymond – Windermere Fire Department fundraiser.
g. Councillor Fairfield reported on the following items.
- Muskoka Lakes Museum 40th Birthday Party. - District Community Services Committee report. - Development Charges By-law public meeting.
The Clerk Administrator explained that the Notice for the Development Charges By-law had been advertised for 7:00 p.m. rather than 9:00 a.m., therefore a Special Council meeting was required due to legislative requirements.
h. Councillor Martin reported on the following item.
- Muskoka Airport - reported on Norwegian Museum and Cultural Centre proposal. The Norwegian Minister of Defence attended the meeting.
Council Minutes – August 30, 2004 - Page #11 12. Meetings Scheduled
a. Special Council Meeting – A meeting will be held on Monday, August 30, 2004 at 7:00 p.m. to consider the Development Charges By-law.
b. Management and Services Committee Meeting – A meeting will be held on Tuesday, August 31, 2004 at 9:00 a.m.
c. Committee of Adjustment Meeting – A meeting will be held on Wednesday, September 1, 2004 at 9:00 a.m.
d. Planning Council Meeting – A meeting will be held on Wednesday, September 1, 2004 immediately following the Committee of Adjustment.
e. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, September 2, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss personal matters.
Resolution Number: C-17-08/30/04
Councillor Hare – Councillor Ellis: Be it resolved that Council in closed session will be held to discuss personal matters.
Carried.
Resolution Number: C-18-08/30/04
Councillor Thompson – Councillor Wallace: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
14. Proceedings By-law
a. Resolution Number: C-19-08/30/04
Councillor Martin – Councillor Fairfield: Be it resolved that By-law 2004-129, being a by- law to confirm the proceedings of the meeting of Council held on August 30, 2004, be read a first, second and third time and finally passed.
Carried.
Council Minutes – August 30, 2004 - Page #12 15. Adjournment
a. Resolution Number: C-20-08/30/04
Councillor Ellis – Councillor Grady: Be it resolved that this meeting adjourn at 1:10 p.m. and the next regular Meeting of Council will be held on Tuesday, September 21, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke J.W. McDivitt, Clerk Administrator
Council Minutes – August 30, 2004 - Page #13
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Tuesday, September 21, 2004
A Regular Meeting of Council was held on Tuesday, September 21, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk L. Troup - Public Works Superintendent Karen Ellis J. Sawkins - Fire Chief Ian Wallace A. Ghikadis - Development Planner Mary Grady C. Minty - Administrative Assistant Don Goltz Brian Hare Stewart Martin Regrets: Nancy Thompson Ruth Nishikawa Adele Fairfield
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
Mayor Pryke congratulated Bala Communities in Bloom on winning the National Competition (501 – 1,000 Category) and Port Carling Communities in Boom on receiving five blooms in the International Competition (Small Category).
Mayor Pryke also announced that the Mayors Golf Classic, held on September 20th, had raised over $59,000.00 for Blissymbolics Learning Centre in Bala.
2. Delegations
a. Introduction of Jim Sawkins, Fire Chief and recognition of Dave Goltz and Jim Poirier, at 9:00 a.m.
Mayor Pryke introduced and welcomed Jim Sawkins, new Fire Chief for the Township of Muskoka Lakes. Mr. Sawkins thanked Council and staff and commented that he looked forward to working with them and to serving the Township.
Mayor Pryke, on behalf of Council, presented plaques of recognition to Dave Goltz for his commitment as Acting Fire Chief and to Jim Poirier for his willingness in fulfilling administrative duties during the transition period between Fire Chiefs.
Mr. Poirier informed Council that the Township of Muskoka Lakes Fire Department had competed and won the firefighters challenge at the Bracebridge Fall Fair over the past weekend.
b. The Hon. James K. Bartleman, Lieutenant Governor of Ontario, and Paul MacPherson, Council Minutes – September 21, 2004 Page #1 Valcom, attended at 10:45 a.m. Re: Presentation to Council.
Mayor Pryke introduced and welcomed His Honour James K. Bartleman and Mr. MacPherson to the Council meeting.
As two former residents of Muskoka Lakes Township, Port Carling and Milford Bay respectively, His Honour and Mr. MacPherson presented the municipality with a carved wooden bowl to be displayed at the municipal office. The bowl was carved by Don Thur, Woodturner, from a yellow birch log recovered in September 2001 from Mutchenbacher Bay in Lake Rosseau. It was estimated that the recovered tree had started its life circa 1697AD. A copy of the fact sheet is attached.
Mr. MacPherson accepted the Lieutenant Governor’s Community Volunteer Award from The Hon. James K. Bartleman in recognition of his extraordinary contributions to the community at large in Ontario. Mr. MacPherson’s recognition was twofold. Firstly, for his establishment of a student bursary program at McMaster University for Bracebridge High School students and First Nation students from the Province and secondly, for his support of the Lieutenant Governor’s Book Program by making a contribution to transport the books to stock school libraries in First Nations communities in Northern Ontario.
Mayor Pryke, on behalf of Council, thanked His Honour and Mr. MacPherson for such a generous gift to the Township.
c. Judi Brouse, Director of Water Programs, District of Muskoka, and Tom Smith, Chair, Muskoka Watershed Council, attended at 11:30 a.m. Re: Watershed Council Report Card.
Mr. Smith reviewed the Watershed Council’s goal to sustain the environmental health of Muskoka’s watershed for future generations. The evaluation was carried out using scientific data and monitoring programs resulting in the presentation of the report card in July 2004. Their plan is to update the report card at three-year intervals.
Ms. Brouse provided a detailed presentation of the report card results, a copy of which is attached. The report findings were categorized by the following indicators:
- Our Water (swimability, fishability, drinkability) - Our Air - Our Land - Our Communities
She indicated that the overall watershed is in good health, but we must be vigilant. She highlighted good points and noted areas requiring improvement.
In conclusion, Mr. Smith commented that their action plan consists of improving data sources and establishing a work plan for specific and critical areas that will result in an improved report card in three years time. They also wish to pursue involvement with other areas of the watershed.
Mayor Pryke thanked Mr. Smith and Ms. Brouse for their presentation to Council and expressed appreciation for their efforts.
Council Minutes – September 21, 2004 - Page #2 3. Adoption of Minutes
a. Minutes of the Council Meeting held on August 30, 2004.
Resolution Number: C-1-09/21/04
Councillor Wallace – Councillor Martin: Be it resolved that the Minutes of the Council Meeting held on August 30, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Special Council Meeting held on August 30, 2004.
Resolution Number: C-2-09/21/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that the Minutes of the Special Council Meeting held on August 30, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Management and Services Committee Meeting held on August 31, 2004.
Councillor Martin reviewed the minutes for Council.
Councillor Hare noted a typo on page 5., item 6.a.3. of the minutes, wherein the paragraph should read “Committee members” rather than “Council members”.
With respect to item 4.d. of the minutes, Mayor Pryke noted that letters of objection had been received on the Pong road allowance closure, copies of which had been provided to all members of Council. She explained that any prospective planning matters are not relevant to the subject road closing by-law and should not be discussed, as this could be perceived as prior knowledge to a future planning application.
Mr. Pong attended the meeting. No one attended the meeting in objection to the application at this time.
The Clerk Administrator advised that with respect to this specific application, the letters had no basis for objection under the provisions of the Municipal Act, therefore there would be no basis to deny the application.
Mayor Pryke sought Council’s direction. There was no support from Council to withdraw resolution number MSC-4-08/31/04.
Resolution Number: C-3-09/21/04
Councillor Ellis – Councillor Hare: Be it resolved that the Minutes of the Management and Services Committee Meeting held on August 31, 2004, be adopted and approved as printed.
Carried.
Council Minutes – September 21, 2004 - Page #3 d. Minutes of the Planning Council Meeting held on September 1, 2004.
Resolution Number: C-4-09/21/04
Councillor Goltz – Councillor Hare: Be it resolved that the Minutes of the Planning Council Meeting held on September 1, 2004, be adopted and approved as printed.
Carried.
e. Minutes of the Planning and Community Development Committee Meeting held on September 2, 2004.
Councillor Ellis reviewed the minutes for Council.
With respect to Item 4.e.i) of the minutes, Mayor Pryke questioned whether Committee had agreed to include a maximum gross floor area for all structures. Councillor Ellis stated that Committee agreed to add the maximum gross floor area to be 7500 square feet for new dwellings only.
In answer to Councillor Grady’s question, Mr. Fahner confirmed that the proposed changes and background reports are available on the Township’s website. He noted that a detailed document still has to be prepared and reviewed by our solicitor.
Resolution Number: C-5-09/21/04
Councillor Hare – Councillor Goltz: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on September 2, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council (Zoning Amendment Applications)
a. By-law 2004-120, ZBA-41/04, Petrachek, Part of Lot 12, Concession 1 (Wood), Plan 35R-7521, Parts 4 & 7, Greenwood Point Road, Lake Muskoka, Roll # 8-1-061. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Photographs were circulated to Council.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Council Minutes – September 21, 2004 - Page #4 ii) Letters were received from the following people. Ms. Ghikadis read the letters aloud, copies of which are attached.
• Deborah Gretsigner • Marilyn and Martin Schell
Mr. John Petrachek, 61 Greenvalley, RR #3, Newmarket, Ontario L3Y 4W1 attended the meeting. Mr. Petrachek stated they have reduced the width of the proposed docks and boathouse closer to compliance as requested by the Planning Committee. Photographs were reviewed and circulated to Council. He noted that they would be planting more trees.
No one else attended the meeting in support of or in opposition to the application
In answer to Councillor Thompson’s question, Mr. Petrachek stated that they have reduced frontage coverage from 93 feet to 88 feet. They had purchased the property with two boathouses that are in need of repair and are now looking for a compromise.
In answer to Councillor Nishikawa’s question, Ms. Ghikadis confirmed that the docks measure approximately 39 feet in width.
b. By-law 2004-121, ZBA-44/04, Whate, Part of Lot 24, Concession G, (Medora), Mortimer’s Point Road, Lake Muskoka, Roll # 6-23-029. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Photographs were circulated to Council.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Terry Whate, 4 Eddystone Drive, Brampton, Ontario L6Z 1V8 attended the meeting.
Photographs were circulated to Council.
No one attended the meeting in support of or in opposition to the application.
In answer to Councillor Goltz’s question, Mr. Whate stated that they had tried their best to minimize tree removal but eight large trees would be removed. He noted that they would be planting additional trees.
In answer to Councillor Grady’s question, Ms. Ghikadis stated that if the dwelling is located further back, Sandy Bos, Building Inspector confirmed that it would not interfere with the septic bed.
Council Minutes – September 21, 2004 - Page #5 In answer to Councillor Ellis’ question, Ms. Ghikadis stated that staff had taken setback measurements off the drawing submitted. Staff did not take any measurements on site. Mr. Whate stated that the dwelling would be no closer than 28 feet to the high water mark.
In answer to Councillor Nishikawa’s question, Ms. Ghikadis stated that the Building Department had confirmed that the existing septic system would accommodate the proposed.
In answer to Councillor Hare’s question, Ms. Ghikadis stated that staff could not confirm the height of the dwelling, as there were no scaled elevation drawings submitted.
c. By-law 2004-122, ZBA-52/04, Parsons, Part of Lot 28, Concession 5 (Watt), Plan M-362, Lot 21, Brackenrig Road, Lake Rosseau, Roll # 2-9-060. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
ii) Email from Andrea Doherty, Department of Fisheries and Oceans. Ms. Ghikadis read the email aloud, a copy of which is attached.
iii) Letters were received from the following people. Ms. Ghikadis read the letters aloud. Copies of the letters are attached.
• William David Moffatt • A.M. Robinson • John F. Jack Petch • Petition Letter • N. Barbara Donaldson • Gordon and Stella Wilkinson • Norah Robinson • Elva Carrol • Warren Wilkinson • Peter and Rita Lanch • Scott Parsons • John and Ruby Kernohan • Lane Family • Mrs. Joan Pence • Anne Marie Parsons
Mr. Alex Parsons, 113 Chaplin Crescent, Toronto, Ontario M5P 1A6 attended the meeting. Mr. Parsons circulated photographs and a letter from the Department of Fisheries and Oceans. A copy is attached.
Mr. John Kernohan, 19 Flemming Crescent, Toronto, Ontario M4G 2A9 attended the meeting in support of the application.
Council Minutes – September 21, 2004 - Page #6 Mr. Morley Brown, RR #4, Shelburne, Ontario L0N 1S8 attended the meeting in opposition on behalf of the Robinson estate. He concurred with all of the letters of opposition. He noted that the DFO had made suggestions but Council does not have to support them. It is a small bay and the by-law should be upheld.
The public meeting paused to accommodate the scheduled delegation at 10:45 a.m. regarding a presentation to Council. Refer to item 2.b., Delegations.
Mr. Robert Walsh, 36 Main Street, Schomberg, Ontario L0G 1T0 attended the meeting in opposition to the application. Mr. Walsh stated that Mr. Parsons gave no specific answers to him regarding the construction of the dock. If the dock were to be bubbled the marsh area would not freeze and he felt that would be a significant impact to the marshland.
Mr. Parsons stated that he had spoken with Mr. Walsh and stated that he has no answers until the outcome of Council has been finalized then a contractor will be contacted for the construction of the dock. Mr. Parsons stated that they prefer to use wood than steel to construct the dock and they will protect the ecosystem.
In answer to Councillor Hare’s question, Mr. Parsons stated that he had not discussed a bubbler system with DFO.
In answer to Councillor Nishikawa’s question, Mr. Parsons stated that they intend to keep the vegetation along the sides of the dock. He noted that the wood will not be pressure treated and it will be constructed in the winter. The DFO has given detailed instructions on how to properly construct the dock.
In answer to Councillor Nishikawa’s question, Mr. Parsons stated that the DFO indicated that the mouth of the creek is the most sensitive and they are not receptive to floating docks. The shadow from the floating dock will damage the vegetation, fish habitat and spawning areas.
6. By-laws
a. By-law 2004-120, (Petrachek)
Councillor Nishikawa stated that she was uncomfortable with the dock area. Mr. Fahner stated that the dock is large but at the same time the applicant had come back and complied with what Planning Committee had recommended. If they were to let it go to disrepair, they could reconstruct all the existing structures. In staff’s opinion they have come closer to compliance.
Councillor Thompson could not support a voluntary reconstruction and felt it could comply.
Councillor Ellis offered her support provided the property is subject to site plan control. The majority of Council concurred with the requirement of site plan control.
Councillor Nishikawa commented she was not comfortable with the proposed and wishes to see the docks reduced to 30 feet in width and the boathouse to be 36 feet. Councillor Martin concurred.
Councillor Goltz supported the proposal and felt it is a big improvement to what exists. Council Minutes – September 21, 2004 - Page #7
Councillor Hare supported the application as is and requested a recorded vote.
Resolution Number: C-6-09/21/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that By-law 2004- 120, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 12, Concession 1 (Wood), Plan 35R- 7521, Parts 4 & 7, Greenwood Point Road, Lake Muskoka, Petrachek, 8-1-061, be read a first and second time.
Recorded Vote: Nays Yeas
Councillor Ellis ____ X_ Councillor Fairfield ______Councillor Goltz ____ _ X_ Councillor Grady _ X______Councillor Hare ____ _ X_ Councillor Martin _ X_ ____ Councillor Nishikawa ____ _ X_ Councillor Thompson _ X_ ____ Councillor Wallace _ X_ ____ Mayor Pryke ____ _ X _
TOTALS __4__ _ 5__
Carried.
Resolution Number: C-7-09/21/04
Councillor Martin – Councillor Wallace: Be it resolved that By-law 2004-120, (Petrachek) be read a third time and finally passed.
Carried.
b. By-law 2004-121, (Whate)
After a brief discussion, Council felt that the dwelling could be pushed further back to comply with the 35 foot setback and that site plan control be imposed.
Resolution Number: C-8-09/21/04
Councillor Ellis – Councillor Hare: Be it resolved that By-law 2004-121, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 24, Concession G, (Medora), Mortimer’s Point Road, Lake Muskoka, Whate, 6-23-029, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law. The dwelling is to comply with the required 35 foot setback. The deck, that is over six feet in height, is to be set back 25 feet at the closest point to the high water mark.
Resolution Number: C-9-09/21/04
Council Minutes – September 21, 2004 - Page #8 Councillor Ellis – Councillor Hare: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-121, (Whate) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-10-09/21/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2004-121, (Whate) be read a third time and finally passed.
Carried.
c. By-law 2004-122, (Parsons)
Councillor Hare commented that a bubbler system for a dock would be damaging and this was not considered or reviewed with DFO. He requested a deferral.
Councillor Goltz offered his support. He felt that it would be less damaging to the fish habitat.
Councillor Wallace did not offer his support and noted concerns with precedent setting.
Councillor Thompson gave her support. She felt that the MNR and DFO comments were favourable for a long dock, properties have rights to access the water, and the dock will not be a hazard to navigation.
Councillor Martin was concerned with the change in the projected lot line and felt that this would set a precedent. He stated that not every waterfront property in the Township of Muskoka Lakes is suitable for a dock or boathouse.
Councillor Grady offered her support due to DFO comments.
Councillor Ellis complimented Mr. Parsons on his efforts with the application and stated that the experts (being the District of Muskoka, DFO and MNR), had given their approvals therefore she offered her support.
Councillor Hare noted that the DFO did not give approval for a dock at 66 feet.
Councillor Thompson requested a recorded vote.
Council Minutes – September 21, 2004 - Page #9 Resolution Number: C-11-09/21/04
Councillor Hare – Councillor Goltz: Be it resolved that By-law 2004-122, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 28, Concession 5 (Watt), Plan M-362, Lot 21, Brackenrig Road, Lake Rosseau, Parsons, 2-9-060, be read a first and second time.
Recorded Vote: Nays Yeas
Councillor Ellis ____ X_ Councillor Fairfield ______Councillor Goltz ____ _ X_ Councillor Grady _ __ _ X_ Councillor Hare _ X_ __ _ Councillor Martin _ X_ ____ Councillor Nishikawa ____ _ X_ Councillor Thompson _ __ _ X_ Councillor Wallace _ X_ ____ Mayor Pryke ____ _ X _
TOTALS __3__ _ 6__
Carried.
Resolution Number: C-12-09/21/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that By-law 2004-122, (Parsons) be read a third time and finally passed.
Carried.
d. By-law 2004-133, (Mills/Harvey)
Resolution Number: C-12a-09/21/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004-133, being a by-law to deem lots 105 and 106, Plan M-61, Medora/Wood), not to be lots on a Plan of Subdivision, Mills/Harvey, 6-6-079/080, be read a first, second and third time and finally passed.
Carried.
e. By-law 2004-123, Durkee, By-law 2004-124, Pong, By-law 2004-125, Cox. Copies of the surveys were attached to the agenda.
Mayor Pryke indicated that Mr. Gord Locklin was in attendance and wished to delegate Council regarding the Pong road closing application (By-law 2004-124). She reiterated her earlier comments wherein Council could not discuss any proposed planning matters as it could impact a future application by providing prior knowledge.
Council denied Mr. Locklin’s request to address Council.
Council Minutes – September 21, 2004 - Page #10 Mayor Pryke assured Mr. Locklin that Council had been provided with copies of the letters of objection, including his, noting that this matter had been considered by Council earlier during the review of the August 31, 2004 Management and Services Committee meeting minutes (item 3.c.).
Resolution Number: C-13-09/21/04
Councillor Ellis – Councillor Hare: Be it resolved that the following by- laws be read a first and second time.
By-law 2004-123, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 29, Concession 13, (Monck), designated as Part 2 on Plan 35R-20298, Durkee, (9-13-025).
By-law 2004-124, being a by-law to stop up, close and convey the Original Road Allowance lying between Concessions E and F, Lot 1, (Medora), designated as Part 1 on Plan 35R-20249, Pong, (6-12-001-01).
By-law 2004-125, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 34, Concession 2, (Watt), designated as Parts 1, 2, and 3 on Plan 35R-16902, Cox, (2-8- 017).
Carried.
Resolution Number C-14-09/21/04
Councillor Goltz – Councillor Hare: Be it resolved that By-law 2004-123, By-law 2004-124 and By-law 2004-125 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the September 21, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
9. Other Business
Council Minutes – September 21, 2004 - Page #11 10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services Committee report – discussed the Emergency Plan. - Watershed Council report – discussed the Aggregate Resources Act.
11. Councillors’ Reports
a. Councillor Martin reported on the following items.
- District Engineering and Public Works Committee report – possible use of Port Carling Locks for dry-docking the Lady Muskoka – ATV use on roads was discussed. - Pines Therapeutic Pool – possible closure has temporarily been resolved on an interim basis. - Muskoka Airport report – seeking new airport manager. - Commented on high-speed dial up connections.
b. Councillor Wallace reported on the following items.
- Attended the Communities in Bloom awards ceremony in Charlottetown, PEI. - Congratulated Bala Communities in Bloom on their National Award.
Mayor Pryke thanked Councillor Wallace for representing the Township of Muskoka Lakes at the ceremony.
c. Councillor Nishikawa reported on the following items.
- Commented on the successful participation in the Terry Fox Run in Bala. - Inquired when work will take place on Windsor Drive re: sewer lines.
Councillor Martin noted that the work on Windsor Drive was anticipated to commence in the very near future.
d. Councillor Thompson reported on the following items.
- Attended Public Forum for the environmental assessment study (EA) on the realignment of a portion of Muskoka Road #25. - Announcement of Open House – The Pines Long Term Care Facility – Thursday, September 23, 2004. - District Planning and Economic Development Committee report. - Hardy Lake Park Recreational Trail – received final payment from Shell Environmental for a walking trial bridge – attendance count at the trail on September 19 was over 2000 (since June 1st).
e. Councillor Grady reported on the following items.
- Steering Committee for Bala’s Strategic Plan – held public forum on September 17. - Attended the Moon River Property Owners’ Association annual meeting – discussed Bala Reach.
Council Minutes – September 21, 2004 - Page #12 - Attended the Acton Island Association annual meeting - discussed bear issue and garbage / recycling. - Bala Firefighters have made final payment on the purchase of a thermal imaging camera.
f. Councillor Ellis reported on the following item.
- Attended the Bass Lake Cottagers’ Association annual meeting – they plan to participate in the MLA’s water testing program.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Wednesday, September 22, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Thursday, September 23, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will not be held.
d. Planning and Community Development Committee Meeting – A meeting will be held on Friday, September 24, 2004 at 9:00 a.m.
e. Waterfront Density Public Meeting – A public meeting will be held on Saturday, October 2, 2004 at 10:00 a.m. at the Milford Bay Community Centre.
13. Council in Closed Session
14. Proceedings By-law
a. Resolution Number: C-15-09/21/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that By-law 2004-136, being a by-law to confirm the proceedings of the meeting of Council held on September 21, 2004, be read a first, second and third time and finally passed.
Carried.
Council Minutes – September 21, 2004 - Page #13 15. Adjournment
a. Resolution Number: C-16-09/21/04
Councillor Martin – Councillor Wallace: Be it resolved that this meeting adjourn at 12:57 p.m. and the next regular Meeting of Council will be held on Tuesday, October 12, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke J.W. McDivitt, Clerk Administrator
Council Minutes – September 21, 2004 - Page #14
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Tuesday, October 12, 2004
A Regular Meeting of Council was held on Tuesday, October 12, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk L. Troup - Public Works Superintendent Karen Ellis J. Sawkins - Fire Chief Ian Wallace C. Minty - Administrative Assistant Mary Grady Don Goltz Brian Hare Stewart Martin Regrets: Nancy Thompson Ruth Nishikawa Adele Fairfield
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
a. Marg & Garth Legris, Shirley Marsden and Marg Couture attended at 9:00 a.m. Re: Bala Communities in Bloom – Presentation to Council.
Garth Legris thanked Council for their continued support of Communities in Bloom. He presented a granite trophy for Bala’s 2004 National Award in the 505 – 1,000 category. He also presented a first place certificate wherein Bala received five blooms and special mention in environmental awareness. He suggested that the trophy be permanently displayed at the Library Branch in Bala.
On behalf of Council, Mayor Pryke congratulated the Bala Communities in Bloom Committee for their efforts in achieving the national award. She commented on the importance of the volunteers who participate in this initiative.
Mayor Pryke also commended Port Carling Communities in Bloom for achieving five blooms and special mention in community involvement in the 2004 international challenge in the small category.
b. Janet Amos, Chair, Lindsay Hill and Linda Hutton, ML Municipal Heritage Committee,
Council Minutes – October 12, 2004 Page #1 attended at 10:40 a.m. Re: Request to designate Tamwood Lodge. Refer to item 9.a. for a copy of the report.
Mayor Pryke explained that the Heritage Committee report is further to Council’s request for input. On behalf of Council, she praised the Heritage Committee for their efforts in a timely response.
Ms. Amos reviewed the report wherein the Heritage Committee recommended that Tamwood Lodge be designated under the Ontario Heritage Act. Ms. Amos gave reasons for the worthiness of designation as provided in the report and noted that at the time of printing, some details included in the report (i.e. history of ownership) had yet to be confirmed. This information is forthcoming. She also provided the steps necessary for the designation process and answered questions for members of Council.
Council instructed staff to forward a copy of the Heritage Committee report to the owners of Tamwood Lodge and notify them that this matter would be considered further at the next regular meeting of Council. Staff were also instructed to invite them to attend the Council meeting.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on September 21, 2004.
Resolution Number: C-1-10/12/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that the Minutes of the Council Meeting held on September 21, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on September 22, 2004.
Councillor Martin reviewed the minutes for Council.
With respect to item 2.a. of the minutes, Mayor Pryke indicated that the Heritage Committee considered the need for architectural drawings of Pinelands Resort main building. They suggested that the owner incur the cost of the plans. This item could perhaps be discussed at a future Management and Services Committee meeting.
Councillor Fairfield clarified that as a procedural matter, all Committees of Council should inform Council members of any upcoming public meetings (item 10.c. of the minutes).
Councillor Martin indicated that Council members were in receipt of correspondence from Mr. Jack Fenn regarding item 6.a.1. of the minutes. On behalf of the residents of Whiteside Road, Mr. Fenn requested further consideration be given to the speed limit on the road. The residents would prefer it be limited to 40 km/hr rather than 50 km/hr.
Councillor Martin and Councillor Hare recommended that this matter be referred back to the Management and Services Committee for further consideration.
Councillor Fairfield provided alternative suggestions to identify site specific locations with posted signage. Councillor Thompson concurred. Council Minutes – October 12, 2004 - Page #2
In response to Councillor Nishikawa, the Public Works Superintendent indicated that in light of the additional comments, this matter may merit further review.
Resolution Number: C-2-10/12/04
Councillor Martin – Councillor Hare: Be it resolved that Resolution Number MSC-7-09/22/04, passed by the Management and Services Committee on September 22, 2004, be withdrawn from the minutes and voted on separately.
Defeated.
Council approved the original reduction in speed limit from 80 km/hr to 50 km/hr, however referred this matter to the October 13, 2004 Management and Services Committee to consider additional signage and site line improvements to Whiteside Road.
Resolution Number: C-3-10/12/04
Councillor Hare – Councillor Ellis: Be it resolved that the Minutes of the Management and Services Committee Meeting held on September 22, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting. There was no meeting held on September 23, 2004.
d. Minutes of the Planning and Community Development Committee Meeting held on September 24, 2004.
Councillor Ellis reviewed the minutes for Council.
Councillor Ellis indicated that the draft October 2, 2004 Waterfront Density meeting minutes, as circulated today, would be reviewed at the October 15, 2004 Planning and Community Development Committee meeting.
Resolution Number: C-4-10/12/04
Councillor Wallace – Councillor Fairfield: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on September 24, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
Council Minutes – October 12, 2004 - Page #3 5. Public Meeting Portion of Council
Other Public Meetings
a. Adjustment of Taxes pursuant to Sections 357/358 of the Municipal Act, 2001. Refer to item 8.a.1. for a copy of the report.
Ms. Elizabeth Hawke (5-8-017) attended the meeting regarding tax adjustment #3.
With respect to tax adjustments #3 (Hawke) and #12 and #13 (Ferndale Fun Inc., 5-4- 092), the Clerk Administrator clarified that the changes from commercial to residential were for tax purposes only and did not effect the zoning of the subject properties.
Refer to item 8.a.1., reports, for the consideration of the recommendation.
Zoning Amendment Applications
b. By-law 2004-134, ZBA-56/04, Pallister, Part of Lot 14, Concession E, 35R-7347, Part 1, (Medora/Wood), Roll # 6-18-002. A copy of the report was attached to the agenda.
Mr. Fahner explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating they had no objection to the application. A copy of the letter is attached.
No one attended the meeting in support or in opposition to the application.
Council had no questions.
6. By-laws
a. By-law 2004-134, (Pallister)
Resolution Number: C-6-10/12/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-134, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 14, Concession E, 35R-7347, Part 1, (Medora/Wood), Pallister, 6-18-002, be read a first and second time.
Carried.
Resolution Number: C-7-10/12/04
Councillor Hare – Councillor Ellis: Be it resolved that By-law 2004-134, (Pallister) be read a third time and finally passed.
Carried.
Council Minutes – October 12, 2004 - Page #4 b. By-law 2004-148, Petrachek, By-law 2004-149, Whate, By-law 2004-140, Trek to Bethlehem, By-law 2004-141, Whiteside Road
Resolution Number: C-8-10/12/04
Councillor Ellis – Councillor Hare: Be it resolved that the following by-laws be read a first and second time.
By-law 2004-148, being a by-law to make lands described as Part of Lot 12, Concession 1 (Wood), Plan 35R-7521, Parts 4 & 7, Greenwood Point Road, Lake Muskoka, Petrachek, 8-1-061, subject to site plan control.
By-law 2004-149, being a by-law to make lands described as Part of Lot 24, Concession G, (Medora), Mortimer’s Point Road, Lake Muskoka, Whate, 6-23-029, subject to site plan control.
By-law 2004-140, being a by-law to authorize the temporary closing of Victoria Street, Burgess Avenue and River Street, Bala, for the Trek to Bethlehem.
By-law 2004-141, being a by-law to amend By-law 86-133, being a by-law to regulate traffic in the Township of Muskoka Lakes (Whiteside Road – 50 Kilometres per hour).
Carried.
Resolution Number: C-9-10/12/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that By-law 2004- 148, By-2004-149, By-law 2004-140, By-law 2004-141 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the October 12, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Report from the Clerk Administrator Re: Adjustment of Taxes pursuant to Sections 357/258 of the Municipal Act, 2001. A copy of the report is attached. Refer to item 5.a., Public Meeting.
Council Minutes – October 12, 2004 - Page #5 Resolution Number: C-5-10/12/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that the list of Tax Adjustments pursuant to Sections 357/358 of the Municipal Act, 2001 and dated October 12, 2004 be approved.
Carried.
b. Tenders
1. Consideration of Resolutions to accept tenders for Phase 3 of the Muskoka Lakes Sports Park Project.
Mayor Pryke advised that the Muskoka Lakes Sports Park Construction Liaison Committee met on Friday, October 8, 2004 at 1:30 p.m. to open and tabulate tenders for the four remaining components of phase 3 of the project.
The Public Works Superintendent reviewed the submissions for Council. He noted that the Landscaping Component had previously been awarded. Today’s resolution was confirmation of approval only.
In response to Councillor Grady, the Clerk Administrator reported that the Northern Ontario Heritage Fund Corporation Board meeting had been rescheduled from the end of September to October 15, 2004.
Councillor Grady inquired whether the cement pad for the building at the park could be constructed as soon as possible to allow for the construction of the building itself during the winter months. The Public Works Superintendent reported that an architectural design is required and that staff would be seeking three competitive quotes for this aspect of the project.
Landscaping Component (Confirmation of approval only)
Resolution Number: C-11-10/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Landscaping Component of the Muskoka Lakes Sports Park Project be awarded to Fowler Construction Company Limited at a total cost of $160,275.04 including all applicable taxes.
Carried.
Playground equipment and accessories Component
Resolution Number: C-12-10/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Playground equipment and accessories Component of the Muskoka Lakes Sports Park Project be awarded to Fowler Construction Company Limited at a total cost of $80,249.63 including all applicable taxes.
Carried.
Council Minutes – October 12, 2004 - Page #6 Illumination Component
Resolution Number: C-13-10/12/04
Councillor Ellis – Councillor Hare: Be it resolved that the Illumination Component of the Muskoka Lakes Sports Park Project be awarded to Dawson’s Incorporated at a total cost of $22,665.81 including all applicable taxes.
Carried.
Mayor Pryke noted that the lighting for the park would be 100% dark sky compliant.
Irrigation system Component
Resolution Number: C-14-10/12/04
Councillor Ellis – Councillor Grady: Be it resolved that the Irrigation System Component of the Muskoka Lakes Sports Park Project be awarded to Nutri-Lawn at a total cost of $18,178.23 including all applicable taxes.
Carried.
Skateboard park Component
Resolution Number: C-15-10/12/04
Councillor Ellis – Councillor Grady: Be it resolved that the Skateboard Park Component of the Muskoka Lakes Sports Park Project be awarded to van der Zalm & Associates Inc. at a total cost of $117,700.00 including all applicable taxes.
Carried.
Mayor Pryke commented that submission from van der Zalm & Associates Inc. included the proviso of a community meeting for public input.
9. Other Business
a. Report from the ML Municipal Heritage Committee Re: Issuance of the Notice of Intention to Designate Tamwood Lodge. A copy of the report is attached.
Refer to item 2.b., delegations.
Council Minutes – October 12, 2004 - Page #7 b. Consideration of resolution to appoint Jim Sawkins, Fire Chief, as the Community Emergency Management Coordinator for the Township of Muskoka Lakes.
Resolution Number: C-10-10/12/04
Councillor Hare – Councillor Ellis: Be it resolved that Jim Sawkins, Fire Chief, be appointed as the Community Emergency Management Coordinator for the Township of Muskoka Lakes.
Carried.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services Committee Report – DMM Debentures – YWCA delegation requesting funding – resolution encouraging SMMH to appoint a temporary CAO in light of the recent resignation. - SMMH Update - Commented on the minutes of the Hospital Governance Committee meeting (September 20) and the SMMH Board meeting (September 30) – Muskoka Lakes Township resolution and letter regarding the role of municipal representatives were discussed - Noted that representatives must consider the Board’s needs first and foremost. They are considering one board and one administration for both hospitals. They have updated timeline for their governance model plan. - Phone meeting is planned for senior adviser from the Ministry of Health as a result of Township correspondence regarding current issues. - Mr. Tony Melman would like to make a donation to the Township in memory of the late Ross Savidis. - Muskoka Community Futures Development Corporation – Questionnaire. - Noted letter of thanks from the City of Peterborough for Township’s donation to the Flood Relief Fund. - Noted agenda for Muskoka Heritage Workshop - October 15, 2004, 1:00 p.m. - Port Carling Memorial Community Centre re: tools for protecting built and natural heritage.
Councillor Fairfield commented on the governance of hospitals noting the availability of items regarding this topic via the internet. She also commented on the Muskoka – Parry Sound Health Unit.
To benefit from current interest rates, Councillor Fairfield explained that the District debentures would be established for a 20 year term.
With respect to the YWCA’s request for funding, Councillor Fairfield felt that it was not normal business practice for the District to provide grants in this regard.
11. Councillors’ Reports
a. Councillor Ellis reported on the following item.
- Attended the annual “Islander vs Mainland” hockey match. It was successful. Funds were raised for local minor hockey and the South Muskoka Memorial Hospital.
b. Councillor Grady reported on the following items.
Council Minutes – October 12, 2004 - Page #8 - Steering Committee for Bala’s Strategic Plan – next meeting is October 26, 2004. - Reminder of the Annual Bala Cranberry Festival – October 15, 16 and 17, 2004.
c. Councillor Hare reported on the following item.
- Commented favourably on the tree planting at the Ferndale Fun property (Ferndale Road, Port Carling).
d. Councillor Thompson reported on the following items.
- District Planning and Economic Development Committee Report - water taking from great lakes basin – District is included in the great lakes watershed - proposed changes to watershed rules. - Muskoka Watershed Council report. - Commented on the conservation of other watersheds. - Muskoka Heritage Foundation report. - Attended Steering Committee meetings for Bala’s Strategic Plan.
e. Councillor Wallace reported on the following items.
- Port Carling Communities in Bloom report. - Presented charts prepared on the percentage breakdown of the Township and District tax dollar. Council agreed that this data should be placed on the municipal website for information purposes.
f. Councillor Fairfield reported on the following items.
- Thanked staff for their timely response in the removal of a tree across Walkers Point Road on the evening of Saturday, October 9, 2004. - District Community and Social Services Committee Report – wage subsidy program for child care – no longer require office space at the Gravenhurst Health Unit facility – The Pines pool will remain open to the end of the year - commented that we can all be proud of the quality of care provided at The Pines facility.
Councillor Fairfield announced that Hilary Clark Cole, A.O.C.A.D., had generously donated a hand built sculpture in welded steel entitled “Dragonfly” to be placed at the Norma & Miller Alloway Muskoka Lakes Library (Port Carling Branch).
g. Councillor Martin reported on the following items.
- District Engineering and Public Works Committee Report –water and sewer build out plan. - Muskoka Airport Report – in the process of seeking new airport manager.
Council Minutes – October 12, 2004 - Page #9 12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Wednesday, October 13, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Thursday, October 14, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Thursday, October 14, 2004, immediately following the Committee of Adjustment Meeting.
d. Planning and Community Development Committee Meeting – A meeting will be held on Friday, October 15, 2004 at 9:00 a.m.
13. Council in Closed Session
14. Proceedings By-law
a. Resolution Number: C-16-10/12/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that By-law 2004-151, being a by-law to confirm the proceedings of the meeting of Council held on October 12, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-17-10/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that this meeting adjourn at 11:34 a.m. and the next regular Meeting of Council will be held on Monday, November 1, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke J.W. McDivitt, Clerk Administrator
Council Minutes – October 12, 2004 - Page #10
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, November 1, 2004
A Regular Meeting of Council was held on Monday, November 1, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk L. Troup - Public Works Superintendent Karen Ellis J. Sawkins - Fire Chief Ian Wallace C. Minty - Administrative Assistant Mary Grady A. Ghikadis - Development Planner Brian Hare Stewart Martin Regrets: Nancy Thompson Ruth Nishikawa, left at 11:45 am Don Goltz Adele Fairfield
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
A public meeting notice was circulated for the Water and Ice site plan (SP-41/04, 5-2- 034), a copy of which is attached.
2. Delegations
a. John Davies, Generx Touchstone Corporation, attended the meeting at 10:30 a.m. Re: Tamwood Lodge.
Mr. John Davies stated they met with the Heritage Committee on the 25th of September, 2004. Photographs were circulated and reviewed with Council, copies of which are attached. He stated that they are prepared to preserve as much of this building as appropriate and feasible. There are no aspects of the site that have significant historical values (e.g. landforms, trees, rocks, decks or patios) the only element is the building. They intend to re-use a portion of this building for the conference centre on the Aston site. It cannot be preserved in its present location. The decks are not safe and he noted that there is a stream that runs underneath the building and the basement is very wet. Significant renovations have taken place over the years to re-support the structure due to shifting and water damage. He felt the second floor does not have any significant values and they are committed to re-using the main lodge and dining area, and the fireplace. The building clearly can’t stay where it is and it is unsafe for any future use and they intend to preserve much of the ground floor that can be salvaged.
Council Minutes – November 1, 2004 Page #1 Councillor Fairfield stated that a previous Council had approved additional building rights upon the condition that the building remains. If the building were to be moved off site, she felt that the rights should be brought down to it original square footage that was permitted. Mr. Davies stated that the Rose Corporation was given additional gross floor area. The building is 11,000 square feet, “grand fathered in” and would be removed from the gross floor area footage. Councillor Hare concurred with Councillor Fairfield.
In answer to Councillor Martin’s question, Mr. Davies stated that the building would be located on the right hand side of the main entranceway of Aston.
Mr. Davies stated that when the Touchstone proposal is finalized it would make sense. They are proposing to have less density (between Aston and Tamwood) than what was approved before.
Councillor Nishikawa felt that the building should not be designated under the Heritage Act.
Councillor Grady requested comments from the Heritage Committee. Mayor Pryke stated that both parties have agreed with the downstairs, however, she felt that the Committee prefers the building to stay on site. Ms. Lindsey Hill, member of the Heritage Committee attended the meeting. Ms. Hill stated that these matters would be taken back to the Heritage Committee for further discussion. Councillor Grady felt that it is in keeping with the spirit of what Committee is discussing.
Mayor Pryke requested that the Committee investigate whether they can frame a designation to preserve something that is going to be located off site.
Mayor Pryke thanked the Heritage Committee and Mr. Davies for attending the meeting and commended his efforts with working with the public.
Mr. Davies stated that they would have an application submitted within two weeks.
b. Gord Adams, District Chair, John McRae, Commissioner of Finance and Corporate Services, Tony White, Commissioner of Engineering and Public Works, Sharon Donald, Manager of Financial Planning and Policy, and Graham Good, Manager of Geomatics, District of Muskoka, attended the meeting at 11:00 a.m. Re: Water and Sewer Local Improvement Build-out Initiative.
A District staff report entitled “Water and Sewer Local Improvement Build-out Initiative” dated September 10, 2004 was distributed, a copy of which is attached.
Chair Adams commented on their plan to build-out urban services in area “B” throughout the District. He reviewed the existing system wherein build-outs for local improvements are based on demand. They are proposing to amend this system to establish a 10 year capital forecast that would encompass all of the urban areas in the District.
Mr. Good presented map information indicating the existing area “A” water and sewer services along with the proposed area “B” 10 year improvement cycle for both Bala and Port Carling.
Mr. White explained that projects will be assigned based on their need and in conjunction with road projects. He outlined the plan for Muskoka Lakes as follows:
Bala
Council Minutes – November 1, 2004 - Page #2 2005 Muskoka Road 38 Water and Sewer 2009 River Street Sewer 2014 Muskoka Road 169 South Sewer 2014 Muskoka Road 169 North Water and Sewer 2015 Straun Point (Hemlock) Water and Sewer
Port Carling
2006 Todholm Subdivision Water and Sewer 2009 Muskoka Road 118 Water and Sewer 2015 Armstrong Point (Maple) Water and Sewer 2015 Foreman Road Water and Sewer 2015 Port Carling Water and Sewer / Sewer
Councillor Martin expressed concern with respect to possible financial impacts the build- out plan could have on ratepayers in the affected areas.
Chair Adams commented that area municipalities determine urban centre boundaries. He reviewed estimated costs and possible payment options (e.g. amortization). Other factors to be considered are funds being generated from the urban service “B” areas as well as the impact on the environment. This plan will also provide timelines for the construction or replacement of wells and septic systems.
Mr. White explained there are time limits for service connections as well as permitted exemptions.
Mayor Pryke thanked the delegation for their presentation.
c. Jeff Mole, representing a group of River Street ratepayers, attended the meeting at 11:00 a.m. and addressed Council at 12:00 noon following the District delegation Re: Water and Sewer Local Improvement Build-out Initiative, item 2.b., above.
Mr. Mole commented on River Street and remarked that with the present demand based system, neighbour relations are impacted. He supported the District’s proposal for environmental and health reasons and suggested that it was good planning for the future.
3. Adoption of Minutes
a. Minutes of the Special Council Meeting held on October 2, 2004, (Waterfront Density Public Meeting).
Resolution Number: C-1-11/01/04
Councillor Hare – Councillor Martin: Be it resolved that the Minutes of the Special Council Meeting, held on October 2, 2004, (Waterfront Density Public Meeting), be adopted and approved as printed.
Carried.
b. Minutes of the Council Meeting held on October 12, 2004.
Resolution Number: C-2-11/01/04 Council Minutes – November 1, 2004 - Page #3
Councillor Fairfield – Councillor Wallace: Be it resolved that the Minutes of the Council Meeting held on October 12, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Management and Services Committee Meeting held on October 13, 2004.
Councillor Martin reviewed the minutes for Council.
Resolution Number: C-3-11/01/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Management and Services Committee Meeting held on October 13, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning Council Meeting held on October 14, 2004.
Councillor Thompson noted that she was in attendance at the October 14, 2004 Planning Council meeting.
Resolution Number: C-4-11/01/04
Councillor Hare – Councillor Thompson: Be it resolved that the Minutes of the Planning Council Meeting held on October 14, 2004, be adopted and approved as amended.
Carried.
e. Minutes of the Planning and Community Development Committee Meeting held on October 15, 2004.
Councillor Ellis reviewed the minutes for Council.
Councillor Martin clarified he had referred to “Todholm Laneway” with respect to item 4.c.i)., paragraph three, page 5, of the minutes.
Resolution Number: C-5-11/01/04
Councillor Fairfield – Councillor Wallace: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on October 15, 2004, be adopted and approved as amended.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council Zoning Amendment Applications
a. By-law 2004-86, ZBA-29/04, Wilson, Part of Lot 27, Concession 7, Parts 1 to 4, Plan 35R-7083, (Watt), # 2-11-067-01. A copy of the report was attached to the agenda.
Council Minutes – November 1, 2004 - Page #4
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. A copy of the letter is attached.
ii) Letter was received from Don Kingman. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Doyle noted that the application has considerable merit. A report by Pinestone Engineering has been prepared and submitted. They have identified a viable building envelope and septic system location. They have also recommended construction mitigation measures. Ms. Doyle noted that it is a level lot and the frontage exceeds the by-law frontage requirements. The lot is in character with the size of the lots in the area.
Mr. Tony Robinson, 1112 Dawson Road, P0B 1P0 attended the meeting in support of the application. Mr. Robinson noted his concern if the maximum 10% lot coverage were developed and felt it would be too large for the lot. He feels that a maximum of 2000 square feet is more appropriate and should be considered. Mr. Robinson also stated that the farm lot across the road is connected to the property and is concerned with a future connection to the waterfront lot. He noted he is in favour of reasonable development for this lot.
In answer to Councillor Ellis’ question, Ms. Doyle stated her clients intend to reduce the building envelope that is proposed and they had discussed having a garage.
Councillor Nishikawa stated she was content with only permitting 5% lot coverage. Ms. Doyle stated the 2800 square feet permitted would include the garage. Mayor Pryke noted that the building envelope gives some leeway regarding the location of the dwelling.
In answer to Councillor Martin’s question, Mr. Fahner stated the septic system size would be the limiting factor. Given the calculation from Pinestone Engineering only 2150 square feet would be permitted. Based on the Ontario Building Code, floor area does not include a basement.
Councillor Fairfield felt building rights should not be removed if the size of the dwelling is already controlled by the septic requirements.
Councillor Thompson questioned if the Class 4F system was to be changed to an alternative system, how could we make sure this 2800 square feet is going to be upheld? Mr. Fahner stated the septic calculations are based on a Class 4F standard system. It could put in the by-law to limit the size of the dwelling.
Councillor Hare commented that the 2150 square feet is a total for both floors. Councillor Martin was comfortable with this number and that no building rights were being removed. Mr. Fahner added they currently do not have any rights on this property.
In answer to Councillor Nishikawa’s question, Mr. Wilson stated that he was comfortable Council Minutes – November 1, 2004 - Page #5 with a 2800 square foot building envelope.
b. By-law 2004-138, ZBA-29/04, Beverley, Part of Lot 26, Concession 8 (Monck), Mills Road, Lake Muskoka, # 9-9-037. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating they had no objection to the application. A copy of the letter is attached.
Mr. Al Beverley, Box 28, Bracebridge, Ontario P1L 1T5 attended the meeting as agent for the application. They intend to construct a dwelling with an attached garage and will remove one accessory structure.
No one else attended the meeting in support or in opposition to the application.
In answer to Councillor Thompson’s question, Mr. Fahner stated it is a waterfront lot in the Community. There are areas that we do allow higher density and it is designated for such. It should be rezoned to reflect this.
In answer to Councillor Martin’s question, Mr. Beverley stated they would apply to purchase the Original Shore Road Allowance (OSRA) but are hoping to build this spring. He suggested in the interim perhaps a license agreement could be entered into until the closing of the OSRA is finalized. Ms. Mortimer stated that the Township normally does not issue licenses for new development.
In answer to Councillor Fairfield’s question, Mr. Beverley stated they intended to apply for the closing of the OSRA once approvals were given. Due to the timing of the OSRA approval, a spring build may not be met. Ms. Mortimer stated that if an application was submitted as soon as possible, the road closing could be completed by the spring.
6. By-laws
a. By-law 2004-86, (Wilson)
Councillor Hare commented that he did not want to restrict the building envelope of 3400 square feet but wished to restrict the maximum habitable space to 2100 square feet. Councillor Martin concurred.
Councillor Nishikawa stated the applicant was content with 2800 square feet.
Councillor Grady felt 8.5% lot coverage is appropriate and would address any issues regarding gross floor area.
Mr. Fahner questioned if Council wished to consider sleeping cabins and a boathouse. Committee agreed that all of the accessory habitable structures should be included in the total square feet permitted.
Council Minutes – November 1, 2004 - Page #6 Councillor Fairfield commented that a Class 4F septic system provides a limitation on building size. Mr. Fahner stated under the Planning Act we cannot directly stipulate a certain system but the by-law can impose a limitation on habitable space.
Councillor Wallace did not offer his support and felt that it is not in keeping with the neighbouring lot as this lot is too small.
Resolution Number: C-6-11/01/04
Councillor Martin – Councillor Hare: Be it resolved that By-law 2004-86, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 27, Concession 7, Parts 1 to 4, Plan 35R-7083, (Watt), Wilson, 2-11-067-01, be read a first and second time.
Carried.
Prior to the third reading, Council amended the by-law to limit the habitable space (including all accessory structures) to a maximum of 2100 square feet.
Resolution Number: C-7-11/01/04
Councillor Hare – Councillor Ellis: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-86, (Wilson) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Resolution Number: C-8-11/01/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-86, (Wilson) be read a third time and finally passed.
Carried.
b. By-law 2004-138, (Beverley)
Councillor Hare offered his support.
Councillor Thompson wished to see the applicant close the OSRA. Mr. Fahner stated Council could withhold the third reading of the by-law. Council did not agree.
Resolution Number: C-9-11/01/04
Councillor Thompson – Councillor Hare: Be it resolved that By-law 2004- 138, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 26, Concession 8 (Monck), Mills Road, Lake Muskoka, Beverley, 9-9-037, be read a first and second time.
Carried. Resolution Number: C-10-11/01/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004- 138, (Beverley) be read a third time and finally passed.
Council Minutes – November 1, 2004 - Page #7 Carried.
c. By-law 2004-153, (Rutherford/Tarback), By-law 2004-156, (Vukets), By-law 2004-157, (Vukets), By-law 2004-160, (Kerr)
Resolution Number: C-11-11/01/04
Councillor Ellis – Councillor Grady: Be it resolved that the following by-laws be read a first and second time.
By-law 2004-153, being a by-law to deem Lot 3, Plan M-85, (Cardwell), not to be a lot on a Plan of Subdivision, Rutherford/Tarback, 1-2-019.
By-law 2004-156, being a by-law to deem Lots 4 and 5, Plan M-245, (Wood), not to be lots on a Plan of Subdivision, Vukets, 8-7-031/032.
By-law 2004-157, being a by-law to deem Lots 6 and 7, Plan M-245, (Wood), not to be lots on a Plan of Subdivision, Vukets, 8-7-033/034.
By-law 2004-160, being a by-law to deem Lots 6 and 7, Plan M-87, (Bala), not to be lots on a Plan of Subdivision, Kerr, 7-14-047-02/047.
Carried.
Resolution Number: C-12-11/01/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004-153, By-2004-156, By-law 2004-157 and By-law 2004-160 be read a third time and finally passed.
Carried.
d. By-law 2004-139, (Lang), By-law 2004-142, (Rutherford / Tarback), By-law 2004-144, (Lockhart), By-law 2004-145, (Pagnutti), By-law 2004-146, (Faulkner), By-law 2004-158, (Port Sandfield Docks)
Resolution Number: C-13-11/01/04
Councillor Hare – Councillor Ellis – Be it resolved that the following by-laws be read a first and second time.
By-law 2004-139, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Lot 6, Concession 2, Skeleton Lake, (Cardwell), designated as Part 3 on Plan 35R-20396, Lang, (1-2-146).
By-law 2004-142, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Part Lot 12, Concession 1, Skeleton Lake, (Cardwell), designated as Parts 2 and 3 on Plan 35R-20314, Rutherford / Tarback, (1-2-019).
By-law 2004-144, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Part Lot 28, Concession 19, Severn River, (Wood), designated as Part 2 on Plan 35R-20262, Lockhart, (8-17-081-05).
By-law 2004-145, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Part Lot 22, Concession 8, Leonard Lake, Council Minutes – November 1, 2004 - Page #8 (Monck), designated as Parts 4, 5, and 6 on Plan 35R-20273, Pagnutti, (9-6- 032/033).
By-law 2004-146, being a by-law to stop up, close and convey the Original Shore Road Allowance lying in front of Part Lot 21, Concession 6, Lake Muskoka, (Monck), designated as Part 2 on Plan 35R-20335, Faulkner, (9-4-015).
By-law 2004-158, being a by-law to authorize the Mayor and Clerk Administrator to execute and affix the corporate seal to a funding agreement with the Ministry of Northern Development and Mines (Port Sandfield Docks – Engineering Study).
Carried.
Resolution Number: C-14-11/01/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-139, By-law 2004-142, By-law 2004-144, By-law 2004-145, By-law 2004-146 and By-law 2004-158 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the November 1, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
b. Tenders
9. Other Business
a. Consideration of Resolution Re: Issuance of Notice of Intention to Designate Tamwood Lodge. This item was referred from the October 12, 2004 Council meeting minutes.
This item was deferred for further comments from the Municipal Heritage Committee. Refer to item 2.a., delegations.
b. Consideration of Resolution Re: Aggregate Resources Act. This item was referred from the October 13, 2004 Management and Services Committee meeting minutes.
Resolution Number: C-15-11/01/04
Council Minutes – November 1, 2004 - Page #9 Councillor Hare – Councillor Ellis – WHEREAS under the Aggregate Resources Act the enforcement of pit and quarry regulations is mainly left to the pit and quarry operators;
AND WHEREAS the requirement for licensing and compliance reporting under the Aggregate Resources Act can be cost-prohibitive and may put small pit operators out of business;
AND WHEREAS the Township of Muskoka Lakes would prefer to update and strengthen its own Pits and Quarry By-law under the Municipal Act rather than be designated under the Aggregate Resources Act;
AND WHEREAS the use of land for a pit or quarry is established in the Municipality’s Comprehensive Zoning By-law regardless of any designation under the Aggregate Resources Act;
NOW THEREFORE BE IT RESOLVED THAT the Township of Muskoka Lakes recommends that the District of Muskoka not seek designation under the Aggregate Resources Act.
Carried.
c. Consideration of Resolution Re: Designation of Snowmobile Route through Port Carling for the 2004 / 2005 winter snowmobile season.
This item was deferred to the November 3, 2004 Planning Council meeting for confirmation of the route through Port Carling.
Councillor Martin noted that this was originally a temporary solution for snowmobiles to travel through Port Carling.
Councillor Hare advised that this route is no longer a main trail and the snowmobile bridge initiative is not economically viable at this time. If the trail did not travel through town, it could negatively impact local businesses.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report was attached.
- District Corporate and Emergency Services Report – purchase of software programs, approval of pesticide policy on District properties – Township letter re: SMMH. - Report on follow-up call from the Ministry of Health’s office re: SMMH. - Port Sandfield Docks / Canal – responses as a result of the engineering study. - Taxation meeting – taxation reform options considered. - Report on scheduled to meet with the Premier re: Northern Status. - Watershed Council – Great Lakes Basin Sustainable Water Resources Agreement. - Reminder to urban design groups – 2005 budget requests. - FYI letters included in package. Sought direction from Council whether to place correspondence received from Mr. and Mrs. Bolus regarding by-law enforcement of a dock on a future agenda.
11. Councillors’ Reports
Council Minutes – November 1, 2004 - Page #10 a. Councillor Thompson reported on the following items.
- Received thank you for the replacement of the culvert on Skeleton Lake Road #3. - Commented on correspondence from the TMLRA re: development processes and blasting.
b. Councillor Wallace reported on the following item.
- Port Carling Communities in Bloom - proposal for Christmas lights in Port Carling on municipal property.
This request was referred to the November 2, 2004 Management and Services Committee meeting.
c. Councillor Fairfield reported on the following items.
- Commented on the donation of the sculptured “Dragonfly” to the Norma & Miller Alloway Muskoka Lakes Library by Hilary Clark Cole, A.O.C.A.D., and suggested that a letter of thanks be issued from the Township. - Update on the Muskoka Lakes Museum. - Walkers Point Community Centre – report. - Muskoka – Parry Sound Health Unit – updated Council on the most recent announcements of disbanding the board.
d. Councillor Martin reported on the following items.
- Commented on the short notice of the public meeting for the Water and Ice site plan. Councillor Hare concurred. - Hosted Airport conference in Huntsville.
e. Councillor Grady reported on the following items.
- Report on the urban design initiative for Bala’s Strategic Plan. - Acknowledged the approved extension of the Muskoka Lakes Sports Park Project to August 31, 2005.
f. Councillor Ellis reported on the following item.
- Next Recreational Trails Committee meeting – November 5, 2004 at 1:00 p.m.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, November 2, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, November 3, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, November 3, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, November 4, 2004 at 9:00 a.m. Council Minutes – November 1, 2004 - Page #11
13. Council in Closed Session
14. Proceedings By-law
a. Resolution Number: C-16-11/01/04
Councillor Martin – Councillor Thompson: Be it resolved that By-law 2004-162, being a by-law to confirm the proceedings of the meeting of Council held on November 1, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-17-10/12/04
Councillor Fairfield – Councillor Wallace: Be it resolved that this meeting adjourn at 12:46 p.m. and the next regular Meeting of Council will be held on Monday, November 22, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke J.W. McDivitt, Clerk Administrator
Council Minutes – November 1, 2004 - Page #12
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, November 22, 2004
A Regular Meeting of Council was held on Monday, November 22, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Chief Administrative Officer S. Fahner - Director of Planning Councillors: C. Mortimer - Clerk A. Ghikadis - Development Planner Karen Ellis J. Sawkins - Fire Chief Adele Fairfield C. Minty - Administrative Assistant Don Goltz Mary Grady Brian Hare Stewart Martin Regrets: Ruth Nishikawa Nancy Thompson Ian Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
3. Adoption of Minutes
a. Minutes of the Council Meeting held on November 1, 2004.
Resolution Number: C-1-11/22/04
Councillor Grady – Councillor Goltz: Be it resolved that the Minutes of the Council Meeting held on November 1, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on November 2, 2004.
Councillor Martin reviewed the minutes for Council.
Refer to item 8.a.1., for the staff report entitled “Mileage Rates”.
Council Minutes – November 22, 2004 Page #1 Resolution Number: C-2-11/22/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that the Minutes of the Management and Services Committee Meeting held on November 2, 2004, be adopted and approved as amended to correct resolution number MSC-5- 11/02/04 to read $.035 / km rather than $0.31 / km.
Carried.
c. Minutes of the Planning Council Meeting held on November 3, 2004.
Resolution Number: C-3-11/22/04
Councillor Wallace – Councillor Martin: Be it resolved that the Minutes of the Planning Council Meeting held on November 3, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on November 4, 2004.
Councillor Ellis reviewed the minutes for Council.
In response to Councillor Hare, the Director of Planning confirmed that the draft Waterfront Density By-law would be provided to Council prior to final approval.
Resolution Number: C-4-11/22/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on November 4, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council Zoning Amendment Applications
a. By-law 2004-154, ZBA-61/04, Besse, Part of Lot 17, Concession 7 and 8, (Medora), Lake Joseph, Roll # 4-11-028. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 20 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Council Minutes – November 22, 2004 - Page #2
Mr. Wayne Simpson, Wayne Simpson & Associates, 11 Centre Street South, Ste. 102, Huntsville, Ontario, P1H 1W4 attended the meeting as agent for the applicant. Mr. Simpson gave a detailed verbal presentation on the history of the structures on the property. He noted the historical significance of the property and felt the application had merit. It was his opinion that a number of the buildings on site functioned as one dwelling.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Nishikawa’s question, Mr. Simpson stated the upper level of the garage is used as a “study”. It is also winterized.
In answer to Councillor Thompson’s questions, Mr. Simpson confirmed the second boathouse is used to park a floatplane. He had no objection to site plan control being imposed.
In answer to Councillor Martin’s question, Ms. Ghikadis stated building permits were not issued for the additions.
b. By-law 2004-155, ZBA-64/04, Collombin, Part of Lot 18, Concession 2 (Wood), Parts 10, 10A, 11 & Part of Part 9, Plan BR-249, Part 1, Plan 35R-9035, Breezy Point Road, Lake Muskoka, Roll # 8-5-083. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 21 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Mr. Tom Gillan, RR #2, Gravenhurst, Ontario P1P 1R2 attended the meeting as agent for the applicant. Mr. Gillan stated the applicants own Owl Island and suggested the proposed building would not be intrusive.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Thompson’s question, Mr. Fahner felt a dry boathouse 22 feet in height would have less impact than a boathouse 25 feet in height in the water.
6. By-laws
a. By-law 2004-154, (Besse)
Councillor Nishikawa could not support the application and did not view the new additions to the property to be historic in nature.
Councillor Hare liked the historic value of the property and offered his support for the application. As lot coverage is 8%, he felt the impact of the small additions would be minimal.
Council Minutes – November 22, 2004 - Page #3
Councillor Martin stated he would like site plan control to be imposed. Mr. Fahner stated site plan agreements do not control the use of structures. They deal with tree retention, parking, drainage, garbage disposal units (for commercial properties) and are registered on title. Councillor Martin felt that as site plan control would not enforce compliance with the by-law, he could not support the application.
Councillor Thompson did not support the proposal and requested the illegal structures to be removed.
Councillor Fairfield did not support the proposal.
In answer to Councillor Hare’s question, Ms. Ghikadis indicated the addition to the sleeping cabin was no closer to the water than the existing building.
Councillor Thompson requested a recorded vote.
Resolution Number: C-5-11/22/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-154, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 17, Concession 7 and 8, (Medora), Lake Joseph, Besse, 4-11-028, be read a first and second time.
RECORDED VOTE: NAYS YEAS
Councillor Ellis X_ ___ Councillor Fairfield _X_ ___ Councillor Goltz ___ _X_ Councillor Grady _X_ ___ Councillor Hare ___ _X_ Councillor Martin _X_ ___ Councillor Nishikawa _X_ ___ Councillor Thompson _X_ ___ Councillor Wallace ___ _X_ Mayor Pryke ___ _X_
TOTALS _6_ _4_
Defeated.
Councillor Thompson questioned whether the illegal development would be removed. Mr. Fahner stated it would be up to the court system as the Building Department had issued an Order to Comply.
b. By-law 2004-155, (Collombin)
Councillor Nishikawa felt the proposal was in keeping with the spirit of the by-law and offered her support.
Resolution Number: C-6-11/22/04
Council Minutes – November 22, 2004 - Page #4 Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004- 155, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 18, Concession 2 (Wood), Parts 10, 10A, 11 & Part of Part 9, Plan BR-249, Part 1, Plan 35R-9035, Breezy Point Road, Lake Muskoka, Collombin, 8-5-083, be read a first and second time.
Carried.
Resolution Number: C-7-11/22/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that By-law 2004-155, (Collombin) be read a third time and finally passed.
Carried.
c. By-law 2004-169, (Bennett), By-law 2004-171, (Clerk), By-law 2004-172, (Hiring Policy) and By-law 2004-173, (Committee of Adjustment)
Resolution Number: C-8-11/22/04
Councillor Thompson – Councillor Nishikawa: Be it resolved that the following by-laws be read a first and second time.
By-law 2004-169, being a by-law to deem Lots 37 and 38, Plan M-240, (Wood), not to be a lot on a Plan of Subdivision, Bennett, 8-2-070/071.
By-law 2004-171, being a by-law to appoint a Clerk for the Township of Muskoka Lakes.
By-law 2004-172, being a by-law to adopt a Hiring Policy for the Township of Muskoka Lakes.
By-law 2004-173, being a by-law to establish and appoint members to the Committee of Adjustment for the Township of Muskoka Lakes.
Carried.
Resolution Number: C-9-11/22/04
Councillor Grady – Councillor Goltz: Be it resolved that By-law 2004-169, By- 2004-171, By-law 2004- 172, and By-law 2004-173 be read a third time and finally passed.
Carried.
7. Correspondence to be Tabled
a. A list of the November 22, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
Council Minutes – November 22, 2004 - Page #5 a. Department Head Reports
1. Report from the Clerk Administrator Re: Mileage Rates. A copy of the report is attached.
Refer to the consideration of the November 2, 2004 Management and Services Committee meeting minutes (item 3.b., above).
b. Tenders
9. Other Business
a. Consideration of Resolution Re: Issuance of Notice of Intention to Designate Tamwood Lodge. (Referred from the November 1, 2004 Council meeting.)
Linda Hutton and Madeline Fielding, members of the Municipal Heritage Committee, attended the meeting.
Mayor Pryke and Councillor Wallace reported on the November 12, 2004 Municipal Heritage Committee meeting wherein the Committee supported their original intent to designate Tamwood Lodge.
As the November 12 Heritage Committee meeting minutes were not yet approved and as there was no written report provided at this time, Mrs. Hutton and Mrs. Fielding confirmed that the Committee supported their original report to Council wherein their reasons for designation were cited therein.
In response to concerns expressed regarding density issues as they relate to the possible designation of Tamwood Lodge, the Director of Planning reviewed the details of zoning amendment By-law 2003-41. He also confirmed that it was possible to rescind such a by-law if Council so desires.
Fire Chief Sawkins responded to questions regarding fire safety requirements as they relate to the existing Tamwood Lodge structure.
Councillor Nishikawa requested a recorded vote.
Resolution Number: C-10-11/22/04
Councillor Thompson – Councillor Nishikawa – Be it resolved that Council authorizes the Municipal Heritage Committee to publish a Notice of Intention to Designate Tamwood Lodge under the Ontario Heritage Act.
RECORDED VOTE: NAYS YEAS
Councillor Ellis __ _X_
Council Minutes – November 22, 2004 - Page #6 Councillor Fairfield _ __ _X_ Councillor Goltz _X_ ___ Councillor Grady ___ _X_ Councillor Hare _X_ ___ Councillor Martin _X_ ___ Councillor Nishikawa ___ _X_ Councillor Thompson _X_ ___ Councillor Wallace _X_ _ __ Mayor Pryke ___ _X_
TOTALS _5_ _5_
Defeated.
Councillor Fairfield read aloud a notice of intent to present a motion at the Wednesday, November 24, 2004 Planning Council meeting to rescind By-law 2003-41, [ZBA-2/03, Mar-Bry Muskoka Ltd., (Tamwood Resort), Part of Lot 18, Concession 6 (Monck), District Road #118, Lake Muskoka, 9-3-021]. Councillor Thompson seconded the notice of intent to present such motion.
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report is attached.
- District Corporate and Emergency Services report - Emergency Response Plan was adopted, Procurement Policy was adopted with amended wording (amended wording was distributed), Build-out plan for urban service area B was approved, passed a resolution to apply for funding for the Bracebridge Wastewater Treatment Plant under the Canada-Ontario Municipal Infrastructure Fund Program (COMRIF). - Commented on the COMRIF program and the provinces Rural Plan. - Port Sandfield Docks/Canal – continuing to pursue input and options. - Commented on letter from Paul Minz Re: Garbage issues.
In response to Mayor Pryke, Council agreed to hold a Council / Staff Christmas luncheon following the December 13, 2004 regular meeting of Council.
Council referred the use of garbage bag tags to a future meeting for further discussion.
11. Councillors’ Reports
a. Councillor Martin reported on the following items.
- Muskoka Airport report. - Commented on the District Build-out plan for urban service area B.
b. Councillor Fairfield reported on the following item.
- Community Services report - business plan; affordable housing, daycare, hospice.
c. Councillor Wallace reported on the following items.
Council Minutes – November 22, 2004 - Page #7 - Port Carling Communities in Bloom Committee report – received funding through Shell Environmental for recycling / discussions with District staff regarding maintenance of island park / Councillor & Mrs. Martin and Councillor & Mrs. Wallace decorated the entrance to the municipal office in Port Carling. - Port Carling Streetscape Revitalization Committee report – next meeting is December 1, 2004 at 5:00 p.m.
d. Councillor Nishikawa reported on the following items.
- Recent vandalism in the Bala area. - Commented on youth issues in the Township; youth groups are meeting at the Torrance and Walkers Point Community Centres.
e. Councillor Thompson reported on the following items. A copy of the report is attached.
- Attended Muskoka War Museum at the Muskoka Heritage Place. - Participating in the Muskoka Veterinary Services Committee - seeking a large animal veterinarian for the area. - District Planning and Economic Development Committee report – OP amendment for Lake of Bays. - District Council report – disabled parking, Pines pool. - District Engineering and Public Works Committee report – proposed pilot for ATV route. - Recreational Trails report. - Windermere/Raymond Firefighters food and toy drive – evening of November 25.
f. Councillor Hare reported on the following items.
- Reported on local ownership changes of property with respect to securities.
The Director of Planning was requested to investigate this matter further and report back to the Planning and Community Development Committee.
g. Councillor Goltz reported on the following items.
- Milford Bay Community Centre Hall Board report – issues with garbage and recycling.
Mayor Pryke commented that perhaps the hall board could express their concerns in a letter addressed to the Management and Services Committee.
h. Councillor Grady reported on the following items.
- Bala Community Centre Hall Board report. - Bala Santa Claus Parade – a success. - Repairs to sewer lines on Windsor Drive, Bala. - Bala Trek to Bethlehem – December 4, 2004. - Bala Strategic Plan – Urban design report. - Vandalism in Bala. - Muskoka Lakes Sports Park Project – Skateboard Park public meeting to be held on Saturday, December 11 at 12:00 noon.
12. Meetings Scheduled
Council Minutes – November 22, 2004 - Page #8 a. Management and Services Committee Meeting – A meeting will be held on Tuesday, November 23, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, November 24, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, November 24, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, November 25, 2004 at 9:00 a.m.
13. Council in Closed Session
a. Council in Closed Session was held to discuss legal matters.
Resolution Number: C-11-11/22/04
Councillor Ellis – Councillor Grady: Be it resolved that Council in Closed Session will be held to discuss legal matters.
Carried.
Resolution Number: C-12-11/22/04
Councillor Fairfield – Councillor Wallace: Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
The following resolution resulted from discussions held during closed session.
Councillor Thompson requested a recorded vote.
Resolution Number: C-13-11/22/04
Councillor Nishikawa – Councillor Martin: Be it resolved that the Township of Muskoka Lakes acquire the lands described as former Highway 169 lands next to Oviinbyrd Golf Course for a cost not to exceed $15,000.
RECORDED VOTE: NAYS YEAS
Councillor Ellis __ _X_
Council Minutes – November 22, 2004 - Page #9 Councillor Fairfield _X ___ Councillor Goltz ___ _X_ Councillor Grady ___ _X_ Councillor Hare ___ _X Councillor Martin ___ _X_ Councillor Nishikawa ___ _X_ Councillor Thompson _X_ ___ Councillor Wallace ___ _X_ Mayor Pryke _X_ _ __
TOTALS _3_ _7_
Carried.
14. Proceedings By-law
a. Resolution Number: C-14-11/22/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-176, being a by-law to confirm the proceedings of the meeting of Council held on November 22, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
a. Resolution Number: C-15-11/22/04
Councillor Goltz – Councillor Grady: Be it resolved that this meeting adjourn at 12:14 p.m. and the next regular Meeting of Council will be held on Monday, December 13, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke Cheryl Mortimer, Clerk
Council Minutes – November 22, 2004 - Page #10
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – COUNCIL MEETING Monday, December 13, 2004
A Regular Meeting of Council was held on Monday, December 13, 2004, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Chief Administrative Officer/Acting Clerk S. Fahner - Director of Planning Councillors: L. Troup - Public Works Superintendent A. Ghikadis - Development Planner Karen Ellis S. Walker - Administrative Assistant, Clerk’s Dept. Adele Fairfield C. Minty - Administrative Assistant, Planning Dept. Don Goltz J. Sawkins - Fire Chief Mary Grady Brian Hare Stewart Martin Regrets: Ruth Nishikawa Nancy Thompson Ian Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:02 a.m.
Mayor Pryke introduced and welcomed David Pink, the new Development Planner replacing Angela Ghikadis during her maternity leave.
Mayor Pryke noted that Closed Session will not be held, and Council will have the opportunity to view the new Milford Bay Fire Department utility fire truck.
2. Delegations
a. Port Carling Communities in Bloom attended at 9:00 a.m. Re: Presentation to Council.
On behalf of the Port Carling Communities In Bloom Committee, Inglis MacDonald, Vice Chair, distributed Christmas cards to Council and staff. Councillor Wallace noted that Perry Bowker provided the picture for the card.
Mr. MacDonald thanked the Township and the District for their continued participation in the program, and for providing garbage and recycling containers, landscaping at Island Park, and also a wheelchair accessible walkway across the locks.
He commented that consideration for areas of improvement are an Urban Forestry 5-10 year plan in the downtown core, and changing from grass to ground cover to reduce labour intensive activities.
Mr. MacDonald presented to Council the 5 Bloom Certificate with special mention in Council Minutes – December 13, 2004 Page #1 community involvement awarded in the 2004 International challenge in the small category.
On behalf of Council, Mayor Pryke accepted the award, and commended the Port Carling Communities In Bloom Committee for their efforts in the international competition.
b. Ayton Grady attended at 11:00 a.m. Re: Cheque presentation for the Muskoka Lakes Sports Park.
On behalf of the Muskoka Lakes Sports Park Committee, Ayton Grady and John Callaghan presented a cheque to Council in the amount of $52,702.69.
Mr. Grady reviewed that previously a cheque was presented to Council in the amount of $63,500.00. He commented that Phase 2 of the project was lengthy.
The Chief Administrative Officer noted that donations in the amount of $400.00 were received in memory of the late Jim Merton.
Mr. Grady commented that funds raised exceed the amount of funds committed to $12,200.69. He suggested that the additional funds could be used to provide signage and other features required for the Sports Park.
On behalf of Council, Mayor Pryke presented Ayton Grady and the Muskoka Lakes Sports Park Committee with a certificate of appreciation for their significant contribution to the Township of Muskoka Lakes. Mayor Pryke commented that the municipality has benefited from their good will, perseverance, and fundraising efforts.
Mayor Pryke commended the fund-raising plan developed for the Mayor’s Golf Tournament, noting it has attracted sponsors, and also become an established fund- raising model.
Mr. Grady thanked Council, and indicated that the Muskoka Lakes Sports Park Committee is interested in participating in the grand opening of the Sports Park in 2005.
3. Adoption of Minutes
a. Minutes of the Council Meeting held on November 22, 2004.
Resolution Number: C-1-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Council Meeting held on November 22, 2004, be adopted and approved as printed.
Carried.
b. Minutes of the Management and Services Committee Meeting held on November 23, 2004.
Councillor Martin reviewed the minutes for Council. Mayor Pryke referred to item 6.a.4 of the minutes. She advised that the approved date of the Muskoka Rocks 10 km Road Race will require amendment, however the new date has not been confirmed at this time. Council Minutes – December 13, 2004 - Page #2
In response to Councillor Fairfield, the Chief Administrative Officer confirmed that the delay would not be an issue for organizers.
Resolution Number: C-2-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Management and Services Committee Meeting held on November 23, 2004, be adopted and approved as printed.
Carried.
c. Minutes of the Planning Council Meeting held on November 24, 2004.
Resolution Number: C-3-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Planning Council Meeting held on November 24, 2004, be adopted and approved as printed.
Carried.
d. Minutes of the Planning and Community Development Committee Meeting held on November 25, 2004.
Councillor Ellis reviewed the minutes for Council.
Mayor Pryke referred to item 5.b. of the minutes, and confirmed that the cost of the engineering study would be $50,000.00 – $60,000.00 (Port Carling Streetscape).
Resolution Number: C-4-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that the Minutes of the Planning and Community Development Committee Meeting held on November 25, 2004, be adopted and approved as printed.
Carried.
4. Disclosure of Pecuniary Interest
5. Public Meeting Portion of Council Zoning Amendment Applications
a. By-law 2004-165, ZBA-68/04, Boultbee, Part of Lot 8, Concession 9 (Medora), Lake Joseph, Roll # 4-5-024. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 21 days prior.
Photographs were circulated to Council. Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic
Council Minutes – December 13, 2004 - Page #3 Development Department indicating they had no objection to the application. A copy of the letter is attached.
Mr. Ian Rowe, Burgar Rowe, 90 Mulcaster Street, P.O. Box 758, Barrie, Ontario L4M 4Y4 attended the meeting as agent for the applicant. Mr. Rowe submitted a photograph, a specification sheet on Duradek and a letter of support from Geoffery Moore (neighbour) to Council, copies of which are attached. Mr. Rowe stated there is a sideyard setback issue with the boathouse and requested that Council amend the by-law to accept this setback. If Council is agreeable to this amendment, he referred to Section 34(17) of the Planning Act where no further notice is required. He noted the building permit application was not in conformity with the by-law. The boathouse was constructed in good faith and there was no intentional violation of the zoning by-law. There is no visual impact from this built form and no offence to the by-law in principle. He indicated it would be a hardship for the applicant to comply.
Mr. Rowe stated there is Duradek (a waterproof vinyl flooring system) located on the second storey of the boathouse for safety reasons. According to the by-law, this is considered a roofed structure, therefore, it is also included in lot coverage. He referred to the specification sheet for Duradek and stated that it is not considered a roofing material. He also noted the District of Muskoka had no concerns with the application. He felt the application represents good planning.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Fairfield’s question, Mr. Fahner stated according to the information submitted, without the Duradek, lot coverage is at 9.8%. This information was based on a survey.
b. By-law 2004-166, ZBA-71/04, Reid, Anchor Island, Lake Joseph, Roll # 4-24-016. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 21 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating they had no objection to the application. A copy of the letter is attached.
Ms. Christy Doyle, Planscape, 104 Kimberley Avenue, Bracebridge, Ontario P1L 1Z8 attended the meeting as agent for the applicant. Ms. Doyle stated the applicants intend to reduce habitable structures from five to three. The application will also permit a larger dwelling in the center of the island. As per the questions raised from Planning Committee regarding septic issues, she noted that Mr. Bos and Mr. Jemmett had attended the site and indicated there is a suitable site for a septic system.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Fairfield’s question, Ms. Doyle indicated the size of the new dwelling was to be 1440 square feet but plans have not been finalized. The applicants wish to have a two storey dwelling. Mr. Fahner stated the exact figures have not been submitted.
Council Minutes – December 13, 2004 - Page #4 In answer to Councillor Nishikawa’s question, Mr. Fahner stated he had spoken with Mr. Bos but did not have anything in writing. He noted that Council is dealing with extra sleeping cabins and shoreline structures only. The applicants must comply with the requirements of the zoning by-law (eg. lot coverage) and the Ontario Building Code or a building permit would not be issued.
Councillor Thompson requested staff’s opinion of the shoreline structures. Mr. Fahner stated that staff is in favour of reducing the width of shoreline structures with islands, they can be considered as having two frontages. At most angles, these shoreline structures would not be visible at the same time.
In answer to Councillor Fairfield’s question, Ms. Doyle stated the existing sleeping cabin in the boathouse would be reconstructed as a non-habitable single storey boathouse.
c. By-law 2004-167, ZBA-69/04, Ceschia, Part of Lot 39, Concession 7 (Wood), Lot 59, Plan M-57, Hurling Point Road, Moon River, Roll # 7-2-013. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Notice of Public meeting was circulated 21 days prior.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating they had no objection to the application. A copy of the letter is attached.
ii) Letter received from Deborah Ylanko. Ms. Ghikadis read the letter aloud, a copy of which is attached.
Ms. Evelyn Ceschia, Box 125, Bala, Ontario P0C 1A0 attended the meeting. Ms. Ceschia stated they wish to construct an attached garage to the existing dwelling. She noted there are terrain constraints as the lot is steep. Photographs were circulated.
No one attended the meeting in support of or in opposition to the application.
In answer to Councillor Fairfield’s question, Mr. Fahner stated there could be a 1000 square foot accessory structure constructed beyond 200 feet from the high water mark.
In answer to Councillor Nishikawa’s question, Ms. Ceschia confirmed the garage is single storey and non-habitable.
d. By-law 2004-168, ZBA-70/04, Young, Part of Lot 28, Concession 14 (Watt), Part 1, Plan 35R-6207 & Part 13, Plan BR-1271, Lake Rosseau, Roll # 2-27-037. A copy of the report was attached to the agenda.
Ms. Ghikadis explained the nature and location of the property/application.
Council Minutes – December 13, 2004 - Page #5 Notice of Public meeting was circulated 21 days prior.
Photographs were circulated.
Submissions received as follows:
i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department indicating they had no objection to the application. A copy of the letter is attached.
Mr. Robert Young, 1460 Foxfield Court, Mississauga, Ontario L5J 2T8 attended the meeting. Mr. Young stated there is no second floor or stairs in the boathouse as discussed at the Planning Committee meeting.
No one else attended the meeting in support of or in opposition to the application.
In answer to Councillor Nishikawa’s question, Mr. Young stated the upper decking on the front of the boathouse is a decorative feature and could be used for maintenance.
In answer to Councillor Thompson’s question, Ms. Ghikadis stated there is conflicting information regarding the setback. The setback is taken from the side lot line at a worst-case scenario being 13 feet (based on the applicant’s information).
In answer to Councillor Wallace’s question, Mr. Young stated there is no visual impact to the shoreline or the neighbours due to a large rock outcrop.
6. By-laws
a. By-law 2004-165, Boultbee
Resolution Number: C-5-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004- 165, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 8, Concession 9 (Medora), Lake Joseph, Boultbee, 4-5-024, be read a first and second time.
Carried.
Councillor Fairfield did not support the application. Councillor Martin concurred.
Councillor Hare offered his support for the application and for the additional side yard setback.
Councillor Grady requested that the area under the Duradek should not be enclosed in the future. Mr. Fahner stated this could be added to the by-law, if Council wishes. Council agreed. Prior to the third reading, the Council agreed the areas under the upper sundecks on the boathouse cannot be closed in. Council also recognized the location of the boathouse where the roof is to be used as a sundeck to be 29.5 feet from the projected side lot line at the closest point.
Resolution Number: C-6-12/13/04
Council Minutes – December 13, 2004 - Page #6 Councillor Ellis – Councillor Grady: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-165, (Boultbee) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Carried.
Councillor Thompson requested a recorded vote.
Resolution Number: C-7-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004- 165, (Boultbee) be read a third time and finally passed.
Recorded Vote: Nays Yeas
Councillor Ellis ______X_ Councillor Fairfield __X_ ____ Councillor Goltz ______X_ Councillor Grady ______X_ Councillor Hare ______X_ Councillor Martin __X_ ____ Councillor Nishikawa ______X_ Councillor Thompson ______X_ Councillor Wallace ______X_ Mayor Pryke ______X_
Totals __2__ __8_
Carried.
b. By-law 2004-166, Reid
Councillor Nishikawa requested that a site plan and a septic report be submitted before Council proceeds with approvals. Mayor Pryke indicated the applicant cannot obtain a building permit if it does not comply.
Resolution Number: C-8-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004-166, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Anchor Island, Lake Joseph, Reid, 4-24-016, be read a first and second time.
Carried.
Council discussed removing the schedule to the by-law that shows the square footage of the development.
Councillor Fairfield questioned if the largest of the sleeping cabins is to be removed. It was confirmed the largest sleeping cabin is remaining.
Council agreed to table the application until more details are provided.
Resolution Number: C-9-12/13/04 Council Minutes – December 13, 2004 - Page #7
Councillor Ellis – Councillor Grady: Be it resolved that the Council of the Corporation of the Township of Muskoka Lakes amend By-law 2004-166, (Reid) and this amendment is minor in nature and does not require further public circulation and is hereby approved prior to third reading.
Tabled.
Councillor Grady stated she would not approve a single storey boathouse at 25 feet in height.
c. By-law 2004-167, Ceschia
Councillor Nishikawa offered her support to the application, as the garage is non-habitable. Councillor Grady concurred and indicated the applicants are addressing an accessibility issue for their future needs.
Resolution Number: C-10-12/13/04
Councillor Ellis – Councillor Grady: Be it resolved that By-law 2004- 167, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 39, Concession 7 (Wood), Lot 59, Plan M-57, Hurling Point Road, Moon River, Ceschia, 7-2-013, be read a first and second time.
Carried.
Resolution Number: C11-12/13/04
Councillor Hare – Councillor Martin: Be it resolved that By-law 2004- 167, (Ceschia) be read a third time and finally passed.
Carried.
d. By-law 2004-168, Young
Resolution Number: C-12-12/13/04
Councillor Wallace – Councillor Martin: Be it resolved that By-law 2004- 168, being a by-law to amend Comprehensive Zoning By-law 87-87, as amended, for lands described as Part of Lot 28, Concession 14 (Watt), Part 1, Plan 35R-6207 & Part 13, Plan BR-1271, Lake Rosseau, Young, 2-27-037, be read a first and second time.
Carried.
Resolution Number: C-13-12/13/04
Councillor Fairfield – Councillor Wallace: Be it resolved that By-law 2004-168, (Young) be read a third time and finally passed.
Carried.
e. By-law 2004-161, Procurement Policy, By-law 2004-182, Emergency Management Program, By-law 2004-183, Chief Administrative Officer, By-law 2004-184, Acting Council Minutes – December 13, 2004 - Page #8 Chief Administrative Officer, By-law 2004-185, Cheque Signing, By-law 2004-186, Lottery Licensing Officers.
Resolution Number: C-14-12/13/04
Councillor Martin – Councillor Hare: Be it resolved that the following by-laws be read a first and second time.
By-law 2004-161, being a by-law to adopt a Procurement Policy for the Township of Muskoka Lakes.
By-law 2004-182, being a by-law to establish an Emergency Management Program for the Township of Muskoka Lakes.
By-law 2004-183, being a by-law to appoint a Chief Administrative Officer for the Township of Muskoka Lakes.
By-law 2004-184, being a by-law to appoint an Acting Chief Administrative Officer for the Township of Muskoka Lakes.
By-law 2004-185, being a by-law to designate persons authorized to Sign Cheques issued by the Township of Muskoka Lakes.
By-law 2004-186, being a by-law to appoint Lottery Licensing Officers for the Township of Muskoka Lakes.
Carried.
Resolution Number: C-15-12/13/04
Councillor Wallace – Councillor Thompson: Be it resolved that By-law 2004- 161, By-law 2004-182, By-law 2004-183, By-law 2004-184, By-law 2004-185 and By-law 2004-186 be read a third time and finally passed.
Carried.
Fire Chief Sawkins advised that the Milford Bay Fire Department has a new utility truck.
Councillor Goltz advised that the utility truck was donated by Trans Canada Pipelines. He commented on the versatility of the vehicle, noting it is an asset on back roads, and towing the snowmobile trailers. He advised that a box was fabricated for this truck.
7. Correspondence to be Tabled
a. A list of the December 13, 2004 Tabled Correspondence is attached for Council’s information.
8. Department Head Reports and Tenders
a. Department Head Reports
1. Report from the Chief Administrative Officer Re: Procurement Policy for the Council Minutes – December 13, 2004 - Page #9 Township of Muskoka Lakes. A copy of the report is attached. Refer to item 6.e., By-laws.
2. Report from the Clerk Re: Revised Appointment By-laws. A copy of the report is attached. Refer to item 6.e., By-laws.
Resolution Number: C-17-12/13/04
Councillor Thompson – Councillor Wallace: Be it resolved that resolution number ADM-07-10/12/90, passed by the Administration Committee on December 10, 1990, be hereby rescinded and that the Head’s powers and duties pursuant to the Municipal Freedom of Information and Protection of Privacy Act be delegated to the Chief Administrative Officer and the Clerk.
Carried.
b. Tenders
1. Report from the Chief Administrative Officer Re: Muskoka Lakes Sports Park - Architectural Services. A copy of the report is attached.
The Chief Administrative Officer advised that the lowest proposal was received from Duncan Ross Architect.
In response to Councillor Grady, the Chief Administrative Officer confirmed that the bell roof design element is included for the washroom / changeroom / canteen / pavilion facility.
Resolution Number: C-16-12/13/04
Councillor Wallace – Councillor Thompson: Be it resolved that the proposal from Duncan Ross Architect, for the provision of architectural services for the washroom / changeroom / canteen / pavilion facility at the Muskoka Lakes Sports Park be accepted, the bid price being 6.5% of construction cost.
Carried.
9. Other Business
10. Mayor’s Report
a. Mayor Pryke reported on the following items. A copy of the report was attached.
- District Corporate and Emergency Services Committee report - delegation from various companies attended regarding Hauled Sewage tipping fees - District increase in haulage fees, and asking them to pay in winter months. Septic Haulers trucks are not full in the winter, and want a gallonage rate, rather than by the truck. The District revised the fee structure to accommodate hauler’s concerns. - 211 Community Connection – Muskoka - Healthy Community Coalition – has requested a grant to set up database 211 service, similar to 911, to provide 3 digit Council Minutes – December 13, 2004 - Page #10 access to information and referral for community, social, health, and government services. - Visit from Township of Seguin, David Conn, the Reeve of Seguin, along with Director of Public Works and financial committee to seek input from the Township to discuss best road practices. - Councillor Fairfield will replace Councillor Martin as Council Liaison for the Muskoka Lakes Chamber of Commerce. - Commented on Municipal World article about councillors. - Will be attending Moose FM radio station on December 16 - Toy Drive.
11. Councillors’ Reports
a. Councillor Grady reported on the following items.
- Correspondence received from Marie Carson accolade re: Greig Young, Bala Arena Manager. - Steering Committee for Bala’s Strategic Plan - power point presentation refers to document #6 - Urban Design. - Muskoka Lakes Chamber of Commerce – in response to an increase in vandalism invited input from Ted Smith, Bracebridge O.P.P. detachment, and Gravenhurst Neighbourhood Watch.
b. Councillor Martin reported on the following items.
- District Water and Sewer local improvement build-out initiative -Todholm subdivision area residents. - Muskoka River Water Management Committee - Bala north damn at Bala Falls, consideration for hydro power development, deadline for expressions of interest is December 17, 2004.
In response to concern expressed from Councillor Grady, Councillor Martin recommended contacting Patricia Arney regarding the proposed hydro power development.
c. Councillor Fairfield reported on the following items.
- District Community Services Committee report – Pine Accreditation Status Report was highly complimentary with respect to the level of quality care maintained by staff inspite of building a new building, and only criticism was governance. - The Pine’s Therapy pool to continue in operation until the end of April 2005 - cost an additional $17,500.00. to keep pool open for the public. - new Commissioner of Community Services is Sandy Adamson. - Muskoka Lakes Museum meeting update - supportive of the Port Carling mural project . - Library Board meeting update - automated.
d. Councillor Nishikawa reported on the following items.
- Bala sewer update on repairs not to be completed this year, small section to be dug up in the spring. - Teen youth club started in Torrance. - Walker’s Point signage.
e. Councillor Thompson reported on the following items. A copy of the report is attached. Council Minutes – December 13, 2004 - Page #11
- Attended District Planning and Economic Development December 9,2004. - Business Retention and Expansion information presentation –group of volunteers surveys of local business, connected with the Futures program. Study education needs of employees. - Margaret Walton of Planscape presented overview of Red Leaves Lodge development. - GIS Air Photography. - Bracebridge West Transportation Corridor – before Council January 17 then 60 days to review. - Public Works Bill 133 to amend Environmental Protection Act and the Ontario Water Resources Act - Oct. 27, 2004 received 1st reading – many concerns for municipalities.
Mayor Pryke noted that Councillor Thompson requested a corporate response to Bill 133.
Councillor Fairfield requested that Walker’s Point signage be discussed at a future Management and Services Committee meeting.
12. Meetings Scheduled
a. Management and Services Committee Meeting – A meeting will be held on Tuesday, December 14, 2004 at 9:00 a.m.
b. Committee of Adjustment Meeting – A meeting will be held on Wednesday, December 15, 2004 at 9:00 a.m.
c. Planning Council Meeting – A meeting will be held on Wednesday, December 15, 2004 immediately following the Committee of Adjustment.
d. Planning and Community Development Committee Meeting – A meeting will be held on Thursday, December 16, 2004 at 9:00 a.m.
e. Special Council Meeting – A special meeting will be held on Thursday, December 16, 2004 immediately following the Planning and Community Development Committee.
13. Council in Closed Session
14. Proceedings By-law
a. Resolution Number: C-18-12/13/04
Councillor Thompson – Councillor Wallace: Be it resolved that By-law 2004- 188, being a by-law to confirm the proceedings of the meeting of Council held on December 13, 2004, be read a first, second and third time and finally passed.
Carried.
15. Adjournment
Council Minutes – December 13, 2004 - Page #12 a. Resolution Number: C-19-12/13/04
Councillor Thompson – Councillor Wallace: Be it resolved that this meeting adjourn at 11:45 a.m. and the next regular Meeting of Council will be held on Monday, January 3, 2005, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke J.W. McDivitt, CAO / Acting Clerk
Council Minutes – December 13, 2004 - Page #13
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – SPECIAL COUNCIL MEETING 2004 BUDGET Thursday, March 11, 2004
A Special Meeting of Council was held on Thursday, March 11, 2004, at 2:00 p.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario to deliberate the 2004 budget.
Present: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator C. Mortimer - Deputy Clerk Members: L. Troup - Public Works Superintendent N. Donald - Development Services Coordinator Councillor N. Thompson S. Fahner - Director of Planning Councillor A. Fairfield K. Morrow - Fire Chief Councillor D. Goltz Councillor K. Ellis Councillor M. Grady Councillor R. Nishikawa Councillor I. Wallace Councillor B. Hare Councillor S. Martin, left at 4:35 p.m.
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
Mayor Pryke introduced the following resolution to suspend the rules of procedure in order to deliberate the budget.
Resolution Number: C-1-03/11/04
Councillor Hare – Councillor Martin: Be it resolved that Pursuant to Section 18(b)(4) of the Township’s Procedures By-law #95-25, the Rules of Procedure are suspended to enable Council to deliberate on the 2004 budget.
Carried.
2. Delegations
Special Council Meeting Minutes – March 11, 2004 - Page # 1
3. Disclosure of Conflict of Interest
a. Councillor Ellis disclosed a pecuniary interest regarding possible discussions of the Parks Department as her son is a seasonal employee for the Township.
b. Councillor Thompson disclosed a pecuniary interest regarding possible discussions of Recreational Trails as her husband is the Trails Officer for the Township of Muskoka Lakes.
4. Finance and Administration
a. Report from the Clerk Administrator Re: Reserve Funds. A copy of the report is attached.
The Clerk Administrator highlighted the reserve fund report. He advised that the Township’s auditor recommends reserves should, at a minimum, equal the Township’s levy which is approximately 5 million dollars.
b. Report from the Clerk Administrator Re: Amendments to the 2004 Budget. A copy of the report is attached.
The Clerk Administrator summarized the amended budget report for Council noting staffs recommendations for budget cuts. The proposed budget cuts would reduce the budget increase to approximately 12%.
Council and staff reviewed the amended budget and made the following recommendations:
ADMINISTRATION
- construction of addition/accessibility requirements $442,361.00 cut - installation of a generator $164,000.00 cut - preparation of plans - addition/accessibility requirements $30,000.00 from reserves - transfer to administration reserve $195,000.00 to reserves
FIRE
- Foot’s Bay Pumper Tanker $210,000.00 cut - transfer to fire reserve $50,000.00 to reserves - painting of fire halls - cut three halls $7,500.00 cut
It was the consensus of Council to phase in increased fire wages as recommended in the staff report dated March 11, 2004 including the phasing in of specialty training. One alteration was recommended, being that new recruits remain at the basic training wage during their one year probation period.
- regular training $28,900.00 add - fire college training $6,400.00 add - specialty training $57,400.00 add
Total fire training wage increases $92,700.00
Special Council Meeting Minutes – March 11, 2004 - Page # 2
ROADS
- Falkenburg Road/Buttler Road $165,000.00 cut - Harris Street $36,500.00 cut - Dump Truck $176,000.00 cut - Beatrice Townline Road $227,760.00 add - Acton Island Road $184,800.00 add - Whiteside Road $52,800.00 add
It was the consensus of Council to allocate funds from the roads reserve and the development charges reserve to meet the cost of the recommended projects (approximately $300,000.00).
COMMUNITY CENTRES
BALA - generator and propane hook-up $15,000.00 cut
CARDWELL - repair chimney $800.00 cut - paint main hall $1,000.00 cut
GLEN ORCHARD - carpet basement floor $2,750.00 cut - construct new exterior stairs $3,500.00 cut
MILFORD BAY - track light for stage $450.00 cut - repair baseball field $1,400.00 cut - repair bar fridge $2,300.00 cut
PORT CARLING - two chrome garbage cans $750.00 cut - close in roof over porch area $4,000.00 cut
RAYMOND - asphalt walkway to back door $1,500.00 cut - generator and propane hook-up $16,000.00 cut
TORRANCE - two inside garbage cans with lids $750.00 cut
WALKERS POINT - storage shed $1,400.00 cut
WINDERMERE - replace back door stair and landing $3,500.00 cut - twenty blue chairs $1,100.00 cut
Special Council Meeting Minutes – March 11, 2004 - Page # 3
ULLSWATER - paint basement $1,000.00 cut - replace floor in main entrance $2,500.00 cut - paint bathroom and re-trim $800.00 cut - roof over handicap exit door $2,000.00 cut
Total community centre cuts $62,500.00
ARENAS
BALA - snow removal from roof $3,500.00 cut - siding for each wall $15,000.00 cut - extend safety netting $6,700.00 cut - extend stands by one beam $43,200.00 cut - change heat for lobby to duct heat $4,550.00 cut - install new metal roof $60,000.00 from reserves
PORT CARLING - snow removal from back of arena and roof $3,000.00 cut - install new metal roof $60,000.00 cut
Total arena cuts $195,950.00
c. Consideration of Unclassified Grants.
UNCLASSIFIED GRANTS
- Heritage Committee $1,800.00 approved - Muskoka Lakes Association Marine Patrol $5,000.00 approved - Muskoka Victim Service $250.00 cut - Bala Communities in Bloom Committee $5,000.00 approved - Port Carling Communities in Bloom Committee $5,000.00 approved - Muskoka Lakes Wahta Community Broadband Initiative $37,066.00 approved - Recreational Trails Committee ($6,000.00 from reserves) $12,000.00 approved - Muskoka Lakes Chamber of Commerce $10,000.00 approved - Windermere Heritage Plaque $2,500.00 from reserves - Bala Strategic Plan ($8,000.00 cut) $2,000.00 approved
The following resolution was passed to reinstate the rules of procedure.
Resolution Number: C-2-03/11/04
Councillor Thompson – Councillor Hare: Be it resolved that Resolution #C-1-03/11/04 be repealed and that the Rules of Procedure pursuant to Procedures By-law #95-25 are no longer suspended.
Carried.
Special Council Meeting Minutes – March 11, 2004 - Page # 4
As a result of discussions regarding the Muskoka Lakes Wahta Community Broadband Initiative, the following resolution was passed.
Resolution Number: C-3-03/11/04
Councillor Hare – Councillor Goltz: Be it resolved that the Township of Muskoka Lakes supports the Muskoka Lakes Wahta Community Broadband initiative with a grant of $37,066.00 subject to the federal government's approval of the MLWCB BRAND application in full amount applied for.
Carried.
d. Further input on Expenditure budget.
This item was referred to the next budget meeting.
e. Further input on Revenue budget / reserves.
This item was referred to the next budget meeting.
f. Direction to staff.
This item was referred to the next budget meeting.
g. Next Steps.
It was the consensus of Council to hold a Special Council Meeting on Monday, March 15, 2004 immediately following the regular meeting of Council to continue budget deliberations.
5. Other Business
a. Correspondence received from the Muskoka Lakes Museum requesting a 2004 grant was distributed. This item was referred to the next budget meeting for consideration.
6. Committee in Closed Session
7. Proceedings By-law
a. Resolution Number: C-4-03/11/04
Councillor Grady – Councillor Ellis: Be it resolved that By-law 2004-35, being a by- law to confirm the proceedings of the meeting of Special Council held on Thursday, March 11, 2004, be read a first, second and third time and finally passed.
Carried.
Special Council Meeting Minutes – March 11, 2004 - Page # 5
8. Adjournment
a. Resolution Number: C-5-03/11/04
Councillor Thompson – Councillor Fairfield: Be it resolved that this meeting adjourn at 4:40 p.m. and the next regular meeting of Council be held on Monday, March 15, 2004 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Special Council Meeting Minutes – March 11, 2004 - Page # 6
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – SPECIAL COUNCIL MEETING 2004 BUDGET Monday, March 15, 2004
A Special Meeting of Council was held on Monday, March 15, 2004, immediately following the regular meeting of Council, in the Council Chambers, Municipal Offices, Port Carling, Ontario to deliberate the 2004 budget. This meeting was a continuation of budget deliberations from the Special Council Meeting held on March 11, 2004.
Present: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator C. Mortimer - Deputy Clerk Members: S. Fahner - Director of Planning N. Donald - Development Services Coordinator Councillor N. Thompson K. Morrow - Fire Chief Councillor S. Martin Councillor A. Fairfield Councillor D. Goltz Regrets: Councillor K. Ellis Councillor M. Grady Councillor B. Hare Councillor I. Wallace Councillor R. Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 1:30 p.m.
The following resolution was passed by Council to suspend the rules of procedure to further deliberate the 2004 budget.
Resolution Number: C-1-03/15/04
Councillor Goltz – Councillor Grady: Be it resolved that Pursuant to Section 18(b)(4) of the Township’s Procedures By-law #95-25, the Rules of Procedure are suspended to enable Council to deliberate on the 2004 budget.
Carried.
2. Delegations
3. Disclosure of Conflict of Interest
a. Councillor Ellis disclosed a pecuniary interest regarding possible discussions of the Parks Department as her son is a seasonal employee for the Township.
Special Council Meeting - March 15, 2004 - Page # 1
b. Councillor Thompson disclosed a pecuniary interest regarding possible discussions of Recreational Trails as her husband is the Trails Officer for the Township of Muskoka Lakes.
4. Finance and Administration
a. Discussion Re: Muskoka Lakes Museum Grant. This item was referred from the March 11, 2004 Special meeting of Council (item 5.a.).
Following a lengthy discussion, it was the consensus of Council to allocate a grant in the amount of $15,000.00 to the Museum in 2004. Council also agreed to allocate $10,000.00 towards remedial works to allow the Museum to be open for the 2004 season provided that the Board seeks direction from the Development Services Department throughout the project. These funds are to complete work on the new building only and not the log cabin.
b. Further input on Expenditure budget. Attachment “A”, the line item budget for departmental expenditures was further reviewed by Council and staff (Pages 1 to 24).
The Clerk Administrator suggested that the following cuts could be made to the Fire Department General Budget (Page 9) as follows:
Line item 211.99.6406, Equipment $5,000.00 cut Line item 211.99.6543, Contingencies $12,000.00 cut
Committee asked staff to try to cut $50,000.00 from the overall Fire Budget.
With respect to legislative requirements for accessibility and safe drinking water, staff confirmed that a report would be presented in the future regarding the status of municipal facilities.
Committee instructed the Clerk Administrator and the Director of Planning to re- evaluate options for increased staffing in the Planning Department, perhaps on a project specific requirement via outsourcing rather than full time employment (page 24).
Committee suggested that the $40,000.00 currently in reserves for the Dr. Recruitment initiative, could be allocated to revenue and utilized in 2004.
Committee also recommended that the $37,066.00 grant allocated to the Muskoka Lakes Wahta Community Broadband initiative approved by resolution number C-3-03/11/04 (item 4.c. of the March 11, 2004 Special Council meeting minutes), be amended to commit to a grant, however not collect the funds until required.
This would not, in any way, eliminate the support and commitment to funding these two initiatives in the future.
Special Council Meeting - March 15, 2004 - Page # 2
c. Further input on Revenue budget / reserves. Attachment “A”, the line item budget for non taxation revenues (Pages 25 and 26) and the Reserve Funds Report were further reviewed by Council and staff.
The Clerk Administrator answered questions for Council regarding revenue items and reserves.
d. Direction to staff.
The Clerk Administrator explained that all expenditures and revenues will be included in the final draft including actual figures for 2003.
The following resolution was passed to reinstate the rules of procedure.
Resolution Number: C-2-03/15/04
Councillor Fairfield – Councillor Wallace: Be it resolved that Resolution #C-1-03/15/04 be repealed and that the Rules of Procedure pursuant to Procedures By-law #95-25 are no longer suspended.
Carried.
e. Next Steps.
It was the consensus of Council to hold a Special Council Meeting on Thursday, March 25, 2004 at 9:00 a.m. to continue budget deliberations.
Staff was requested to prepare a final draft for consideration and instructed to aim for an increase of 7.5% or less on the municipal levy.
5. Other Business
a. Thermal Imaging Camera
Council considered the Bala Firefighters Association’s request to purchase a thermal imaging camera at an approximate cost of $12,000.00 plus applicable taxes. This item was referred from item 11.a. of the March 15, 2004 regular meeting of Council.
Councillor Grady highlighted the capabilities of the camera for Council.
Council denied the request for a loan to purchase the camera, however noted that they did not object to the firefighters fundraising for the expenditure.
6. Committee in Closed Session
Special Council Meeting - March 15, 2004 - Page # 3
7. Proceedings By-law
a. Resolution Number: C-3-03/15/04
Councillor Grady – Councillor Goltz: Be it resolved that By-law 2004-41, being a by-law to confirm the proceedings of the meeting of Special Council held on Monday, March 15, 2004, be read a first, second and third time and finally passed.
Carried.
8. Adjournment
a. Resolution Number: C-4-03/15/04
Councillor Wallace – Councillor Fairfield: Be it resolved that this meeting adjourn at 3:07 p.m. and the next regular meeting of Council be held on Monday, April 5, 2004 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Special Council Meeting - March 15, 2004 - Page # 4
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – SPECIAL COUNCIL MEETING 2004 BUDGET Thursday, March 25, 2004
A Special Meeting of Council was held on Thursday, March 25, 2004, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario to deliberate the 2004 budget. This meeting was a continuation of budget deliberations from the Special Council Meeting held on March 15, 2004.
Present: Officials Present:
Mayor Susan Pryke J.W. McDivitt - Clerk Administrator C. Mortimer - Deputy Clerk Members: S. Fahner - Director of Planning N. Donald - Development Services Coordinator Councillor N. Thompson Councillor S. Martin Councillor A. Fairfield Councillor D. Goltz Councillor K. Ellis Councillor M. Grady Regrets: Councillor B. Hare Councillor R. Nishikawa Councillor I. Wallace
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 9:00 a.m.
2. Delegations
3. Disclosure of Conflict of Interest
a. Councillor Ellis disclosed a pecuniary interest regarding possible discussions of the Parks Department as her son is a seasonal employee for the Township.
b. Councillor Thompson disclosed a pecuniary interest regarding possible discussions of Recreational Trails as her husband is the Trails Officer for the Township of Muskoka Lakes.
4. Finance and Administration
a. Report from the Fire Chief Re: Milford Bay 1999 4x4 Pickup Truck – Request for funds. A copy of the report is attached.
Councillor Goltz reviewed the request for Council. The estimated cost of work necessary to equip the truck is, at a maximum, $20,000.00.
Special Council Meeting - March 25, 2004 - Page # 1
Council members expressed concern with the lateness of the request with respect to the budget deliberations.
It was the consensus of Council to allocate $15,000.00 towards this expenditure in 2004 from the fire reserve fund.
b. Report from the Clerk Administrator Re: Telephone System. A copy of the report is attached.
Resolution Number: C-1-03/25/04
Councillor Fairfield – Councillor Martin: Be it resolved that the Township of Muskoka Lakes accepts the lowest tender as submitted by Community Telecom of Huntsville, and that the Township of Muskoka Lakes enter into a one year contract with Community Telecom for the purpose of supplying Toshiba telephone switch model CTX670 KSU complete with voicemail module IVP-8 plus all associated hardware, including the removal of the existing switch and the cut-over to the new switch at a cost not too exceed $14,182.52 (all tax in).
Carried.
c. Correspondence received from Councillor Wallace Re: Urban Plans for Bala and Port Carling. A copy of the correspondence is attached.
It was the consensus of Council not to allocate funds in the 2004 budget. However, they felt that this request was important and deserved further consideration in the future with additional input and estimated costing information. Council suggested that funds could perhaps be allocated from reserves at a later date, if necessary.
d. Report from the Clerk Administrator Re: Budget 2004 (3). A copy of the report is attached.
The Clerk Administrator highlighted the proposed expenditures and revenues determined from previous budget meetings resulting in an increase of 7.1% on the Township’s taxation levy.
In response to Councillor Fairfield’s concern, the Director of Planning confirmed that the Planning Department budget had been amended due to workload changes as a result of projects determined by Council through the strategic visioning session as follows:
811-99-6101, Full time $40,000.00 cut 811-99-6536, Consultants fees $10,000.00 add
Following a lengthy discussion, Council determined that further analysis was necessary regarding the request for increased fire training wages. Council agreed that an annual cost of living increase of 3% be allocated in 2004 for fire wages.
The Clerk Administrator stated that this would reduce fire wages by $62,700.00 in 2004.
Special Council Meeting - March 25, 2004 - Page # 2
Council also felt that further lobbying was required to seek funding assistance for medical first response training and call-outs. This is necessary to help alleviate costs as 85% of the fire department’s calls are medical first response calls. A resolution will be considered regarding this matter at a future Council meeting. Councillor Ellis suggested that when this resolution is passed, a copy of it should be forwarded on to Norm Miller, MPP, as it is a health care issue.
With additional amendments, Council approved a 5.6% increase in the tax levy. Council noted that 4.2% of the increase is a direct result of annual operating expenses for water testing which is a legislative requirement under the Safe Drinking Water Act.
Budget approval will be considered that the April 5, 2004 regular meeting of Council.
5. Other Business
a. Strategic Visioning – Work Plan Targets
Council scheduled a meeting with Michael Whyte, Consultant, on Thursday, April 15, 2004 at 9:00 a.m. to prioritize and establish targets for the Strategic Work Plan.
6. By-laws
a. By-law 2004-46, (Community Telecom of Huntsville)
Resolution Number: C-2-03/25/04
Councillor Hare – Councillor Goltz: Be it resolved that By-law 2004-46, being a by-law to authorize the Mayor and Clerk Administrator to execute and affix the corporate seal to an agreement between the Township of Muskoka Lakes and Community Telecom of Huntsville (one year contract – telephone system) be read a first, second and third time and finally passed.
Carried.
7. Committee in Closed Session
a. Council in Closed Session was held to discuss legal matters.
Resolution Number: C-3-03/25/04
Councillor Grady – Councillor Ellis – Be it resolved that Council convene in Closed Session to discuss legal matters.
Carried.
Special Council Meeting - March 25, 2004 - Page # 3
Resolution Number: C-4-03/25/04
Councillor Thompson – Councillor Nishikawa – Be it resolved that Closed Session reconvene as Council to report on matters discussed under Closed Session.
Carried.
There was no report to Council resulting from discussions held during Closed Session.
8. Proceedings By-law
a. Resolution Number: C-5-03/15/04
Councillor Fairfield – Councillor Martin: Be it resolved that By-law 2004-47, being a by-law to confirm the proceedings of the meeting of Special Council held on Thursday, March 25, 2004, be read a first, second and third time and finally passed.
Carried.
9. Adjournment
a. Resolution Number: C-6-03/25/04
Councillor Goltz – Councillor Grady: Be it resolved that this meeting adjourn at 10:43 a.m. and the next regular meeting of Council be held on Monday, April 5, 2004 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Special Council Meeting - March 25, 2004 - Page # 4
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – SPECIAL COUNCIL MEETING Thursday, May 20, 2004
A Special Meeting of Council was held on Thursday, May 20, 2004, at 9:00 a.m. immediately following the Planning and Community Development Committee Meeting, in the Council Chambers, Municipal Offices, Port Carling, Ontario to consider the Fire Chief job description.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator S. Fahner - Director of Planning Councillors: C. Mortimer - Deputy Clerk
Karen Ellis Brian Hare Mary Grady Stewart Martin Regrets: Ian Wallace Nancy Thompson Don Goltz Ruth Nishikawa Adele Fairfield
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 11:25 a.m.
2. Delegations
3. Disclosure of Pecuniary Interest
4. Finance and Administration
a. Discussion Re: Fire Chief Job Description.
Council discussed the draft job description and advertisement. They provided direction with respect to the wording and requirements of the job description as well as input for the placement of the job advertisement, including a small ad in the Globe and Mail. The Committee selection team should consist of the Mayor, the Chair of Management and Services, the Clerk Administrator, expertise from the District Human Resources Department and an expert in the Fire Department field.
Special Council Meeting - May 20, 2004 - Page # 1
5. Other Business
6. Council in Closed Session
7. Proceedings By-law
a. Resolution Number: C-1-05/20/04
Councillor Grady – Councillor Ellis: Be it resolved that By-law 2004-83, being a by-law to confirm the proceedings of the meeting of Special Council held on Thursday, May 20, 2004, be read a first, second and third time and finally passed.
Carried.
8. Adjournment
a. Resolution Number: C-2-05/20/04
Councillor Nishikawa – Councillor Thompson: Be it resolved that this meeting adjourn at 11:48 a.m. and the next regular meeting of Council be held on Monday, June 7, 2004 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Special Council Meeting - May 20, 2004 - Page # 2
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES – SPECIAL COUNCIL MEETING Monday, August 30, 2004
A Special Meeting of Council was held on Monday, August 30, 2004, at 7:00 p.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario, to consider the Development Charges By- law.
PRESENT: Officials Present:
Mayor Susan Pryke J. W. McDivitt - Clerk Administrator C. Mortimer - Deputy Clerk Councillors:
Karen Ellis Stewart Martin Regrets: Ian Wallace Nancy Thompson Mary Grady Don Goltz Brian Hare Adele Fairfield Ruth Nishikawa
1. Meeting Called to Order
a. The meeting was called to order by Mayor Pryke at 7:00 p.m.
2. Delegations
a. Heather Morehouse, Morehouse Associates, attended at 7:00 p.m. Re: Development Charges.
Refer to item 4.a., Public Meeting.
3. Disclosure of Conflict of Interest
4. Public Meeting Portion of Council
a. By-law 2004-128, Development Charges By-law. A copy of the background study and proposed by-law are attached.
Ms. Morehouse reviewed the development charges process and study as required every five years by the Development Charges Act, 1997. She reported on the analysis used to calculate the proposed rates and service cost share percentages as follows:
Special Council Meeting – August 30, 2004 - Page # 1
DEVELOPMENT CHARGES
Use
Residential Township-wide charge
Singles/Semi Detached Dwelling units $1,915 Large Apartments/Multiples (2 BR or more) $1,197 Small Apartments (1 BR or less) $778 All other units $1,675
Non-Residential All Development Types (per sq. ft.)
Township-wide Charge $0.54
Mixed Use
All development types Charge as determined by the equivalency to the above uses
SERVICES
Service Residential Non-Residential Development Development Percentage Percentage Township-wide:
General Government 0.4% 0.6% Fire Protection 27.1% 35.1% Public Works 49.6% 64.3% Recreation 19.0% 0.0% Library 3.8% 0.0%
Total Township-wide 100.0% 100.0%
Correspondence from the Muskoka Home Builders’ Association was submitted for consideration, a copy of which is attached.
Ms. Morehouse commented on the Association’s correspondence, explaining that their concerns had been addressed through the study.
Following a lengthy discussion on the merits of development charges, Council supported the proposed rates, provided that in the future, consideration would be given to providing relief for affordable housing. Staff was instructed to prepare a report regarding this matter.
Special Council Meeting – August 30, 2004 - Page # 2
5. By-laws
a. By-law 2004-128, Development Charges
Resolution Number: C-1-08/30/04
Councillor Ellis – Councillor Fairfield: Be it resolved that By-law 2004- 128, being a by-law with respect to Development Charges for the Township of Muskoka Lakes be read a first, second and third time and finally passed.
Carried.
6. Other Business
7. Council in Closed Session
8. Proceedings By-law
a. Resolution Number: C-2-08/30/04
Councillor Wallace – Councillor Thompson: Be it resolved that By-law 2004-132, being a by-law to confirm the proceedings of the meeting of Special Council held on Monday, August 30, 2004, be read a first, second and third time and finally passed.
Carried.
9. Adjournment
a. Resolution Number: C-3-08/30/04
Councillor Thompson – Councillor Wallace: Be it resolved that this meeting adjourn at 7:53 p.m. and the next regular meeting of Council be held on Tuesday, September 21, 2004 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
Mayor Susan Pryke J. W. McDivitt, Clerk Administrator
Special Council Meeting – August 30, 2004 - Page # 3 THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES – PUBLIC MEETING WATERFRONT DENSITY OCTOBER 2, 2004
A Public Meeting was held on Saturday, October 2, 2004, at 10:00 a.m., in the Milford Bay Community Centre, Milford Bay, Ontario.
PRESENT: Officials Present:
Mayor Susan Pryke S. Fahner - Director of Planning A. Glazier - Planning Department Staff Councilors:
Adele Fairfield Ruth Nishikawa Nancy Thompson Stewart Martin Karen Ellis Don Goltz Brian Hare Ian Wallace Mary Grady
Approximately 125 people attended the meeting.
REGRETS
Nil.
1. Meeting Called to Order
Mayor Pryke called the meeting to order at 10:03 a.m. Mayor Pryke welcomed everyone, public, councilors, ratepayers association, etc. Councillors, staff and Waterfront Density Ad Hoc Committee members were introduced. Lola Bratty and Samantha Hastings were not in attendance.
Mayor Pryke indicated that the by-law may be passed in December, however it would depend on today’s meeting. Mayor Pryke requested that a copy of any presentation made today be left with staff. Mayor Pryke went through the procedures of the meeting. It was indicated that the Township would be accepting letters for two more weeks (until October 15, 2004). Mayor Pryke indicated that the Councillors are here to listen and receive comments.
Special Council Minutes - Waterfront Density - October 2, 2004, Page #1 2. Public Meeting Portion to Discuss Proposed Waterfront Density
Mr. Fahner stated the Notice of Public meeting appeared in the following newspapers for the weeks of September 15 and September 29, 2004.
• Bracebridge Examiner • Gravenhurst Banner • Parry Sound North Star • Huntsville Forrester
Submissions received:
1. Letter from Murray Boyce indicating site specific concerns. A copy of the letter is attached.
2. Letter from William Grimmett indicating the proposed by-law will be more complicated and simplicity is needed. As well, large land holdings on smaller lakes should be able to have a sleeping cabin. A copy of the letter is attached.
Mr. Bob List questioned if the letters are available. Mr. List was advised that the letters would become available after Planning Committee has dealt with them.
Mr. Fahner presented a detailed powerpoint presentation on the background to the proposed Official Plan Amendment and Zoning By-law Amendment. The proposed changes were also presented. A copy of the presentation is attached.
Mr. Fahner indicated that submissions should be forwarded within the next two weeks. The Planning Committee will review the submissions in November and a by-law should be drafted for the December Council meeting (hopefully). The draft by-law also has to be reviewed by the Township solicitor.
Mayor Pryke asked for those people who were in support or in opposition to the proposal. Anyone with questions would take place after that.
Margaret Walton, Planscape, 104 Kimberley Street, Bracebridge, Ontario, P1L 1Z8, attended in support of the by-law. Ms. Walton urged Council not to make the by-law too difficult and make it simple. Ms. Walton indicated that she and her husband own a 200 acre parcel on a Category 3 Lake. She suggested that a 5% lot coverage on some of the smaller land holdings could be an issue, although it was not an issue for her. Ms. Walton suggested that a sleeping cabin should be permitted on the smaller lakes, however, size should be restricted. She believed that several smaller buildings is more appropriate than one large building. Ms. Walton suggested that it would be appropriate to have a building in the front yard to store marine related equipment.
John Curran, President, Muskoka Lakes Association, Box 298, Port Carling, Ontario, P0B 1J0, attended in support of the proposal. He advised that they had their own committee reviewing the proposed policies and they have kept their 3000 member informed. Members of the Association do have a variety of opinions on the matter.
Special Council Minutes - Waterfront Density - October 2, 2004, Page #2 Clare Endicott, 61 Forman Road, Toronto, Ontario, M4S 2R4, attended in support and congratulated the Waterfront Density Committee on their work. Ms. Endicott suggested that as she has a large property on the lake, a dry boathouse should be permitted. She felt dry boathouses are less obtrusive. She also felt that more work is needed regarding the shoreline buffer due to the size of some of the newer cottages. She also felt more work was required on the environmental impacts on the lake. In her opinion, the work is only visually inspired, not environmentally inspired.
Jeff Mole, 1154 River Street, Bala, Ontario, P0C 1A0, attended representing Moon River Association. They generally support the proposal with some changes. Mr. Mole indicated that 90% of Moon River is developed. In the future, lots will be redeveloped as people retire. He felt the shoreline buffer is good and necessary, however, it still needs more work. Moon River is characteristic of small lots and the shoreline buffer will push redevelopment to the back of the lots. Setbacks and buffering should be reviewed. He indicated that he supported no two storey boathouses on Moon River. The character of Moon River should be kept as it is.
Mr. Fahner confirmed that there is a “grandfather” clause in the by-law for existing structures down to a minimum of 35 feet back from the water.
Jo Davey, Bass Lake, R.R. 1, MacTier, Ontario, P0C 1H0, attended in opposition. Ms. Davey indicated that the 8% lot coverage proposed on Bass Lake is too low and restricting. She also indicated she had concerns with the shoreline buffer. More discussions should take place.
Bob List, 103 Southbank Drive, Bracebridge, Ontario, P1L 1G3, attended and generally supported the by-law in order to protect the waterfront, however, he felt the by-law and policies are not close to being completed. The 50 foot buffer needs to be upheld, however, he questioned how the trees are to be protected. Mr. List believed there is a conflict with the Official Plan and by-law. Mr. List indicated he would document the conflicts in the next few weeks. Mr. List felt impacts on the shoreline is crucial, however, the cottagers should be accommodated.
Mr. List noted that the Home Builders Association had provided comments (50 items) and only one item was incorporated. He requested the comments be reviewed. Mr. List suggested the proposed Official Plan is not clear as shoreline density is not defined and would not “hold up” at the Ontario Municipal Board.
Paul Donaldson, 1025 Appian Way, Port Carling, Ontario, P0B 1J0, attended in support of the proposal with some changes. Mr. Donaldson suggested, as he has before, a means of measuring density (development) on a sliding scale due to the varying size of each property.
Mr. Donaldson questioned if a lot was severed and on one of the lots was a large existing boathouse , would it need to be torn down or made to comply? Mr. Donaldson suggested that the lot coverage should be increased by 2% on the smaller lakes. Mr. Donaldson requested a written letter (by the end of the week) on the process from today’s meeting.
Brian Hoar, 45 Estate Drive, Port Carling, Ontario, P0B 1J0, attended on behalf of the Home Builders Association. Mr. Hoar indicated they support Mr. Donaldson’s “sliding scale” proposal, however, it should be easy to understand and administer. Mr. Hoar did not support the height of a boathouse at 16 feet as the structure would not be attractive. Mr. Hoar supported the increased front yard setback, the shoreline buffer and the increased setback for decks.
Special Council Minutes - Waterfront Density - October 2, 2004, Page #3 Mr. Fahner confirmed for Mr. Hoar that the maximum size of a new dwelling is to be 7500 square feet and that this size is gross floor area.
Paul Crammond, General Delivery, Minett, P0B 1G0, attended and thanked the Committee with their efforts with the proposed changes. Mr. Crammond suggested that lighting controls be included in the by-law. He also felt that any covered area with the two storey boathouse be included in the maximum 650 square feet. Mr. Crammond indicated the he supported the limit on the size of dwellings. He felt sensible limits should be imposed on each property.
Mr. Crammond suggested that a 30 foot side yard setback should be imposed for a boathouse with a sundeck and not the 45 feet proposed. Shoreline structures should be limited by size and not by width. A small boathouse would be less obtrusive. Mr. Crammond noted that intentionally or not the value of properties will be affected.
Roy Birkett, Wildwood Road, Milford Bay, Ontario, P0B 1E0, questioned if Council would enforce the by-law and penalize builders if they don’t comply. Mayor Pryke indicated there is great confidence in the by-law office and the court system.
Kevin McNaughton, Penwood Road, Port Carling, Ontario, P0B 1J0 or 63 Pamander Road, Unionville, Ontario, L3R 1V8 attended. Mr. McNaughton indicated that he has applied the proposed changes as it applies to his property and family. He indicated that although he supports the changes, he may need to look for a new property on the bigger lakes to accommodate his family. He also suggested that more work on the changes is still required.
Cynthia Luks, 95 Joseph Street, Port Carling, Ontario, P0B 1J0, attended. Mrs. Luks indicated she owns property on the Indian River and Tobin’s Island. Due to water quality on the Indian River, she believed it should not be in the same category as the big lakes. Properties should be left in their natural state and she supported the shoreline buffer. Mrs. Luks suggested that the by-law should implement a means of repairing environmental damages (ie. grassed areas leading to the lake). Mrs. Luks also suggested that an educational item be included with the tax bills regarding environmental concerns.
Mr. Fahner confirmed that the proposed changes are in the Waterfront Designation only. A major part of the Indian River is located in the Urban Centre Designation which are separate policies. A Community By-law is to be reviewed hopefully in the spring of 2005.
Mr. Allen Day, 1 Doncliffe Place, Toronto, Ontario, M4N 2P9, questioned the process if you are currently severing your property and how the proposed changes apply. Mr. Day felt there should be some “grandfather” clauses. Mr. Day felt the new rules take away from the design and do not take into account affordability and terrain constraints. The Committee should look at other alternatives, ie. density swapping from one lot to another.
Joe Baker, Box 363, Port Carling, Ontario, P0B 1J0, indicated that he has a large land holding on a smaller lake. Mr. Baker questioned why does the size of the lot matter on the big lakes for a two storey boathouse and not on the smaller lakes (ie. if your property has 300 feet of frontage on a smaller lake, a two storey boathouse should be permitted). Mr. Fahner confirmed a review of larger land holdings on the smaller lakes needs to be done.
Trevor Buffet, 1031 Mills Road, Milford Bay, Ontario, P0B 1E0, questioned how his current application for a two storey boathouse could be affected if Department of Fisheries and Oceans (DFO) goes on strike. Mr. Buffet’s property has 295 feet of frontage. Mr. Fahner confirmed that if he has a completed application in the Building Department his application would proceed with the existing by-law.
Special Council Minutes - Waterfront Density - October 2, 2004, Page #4
Bill Boughner, 143 John Street, Oakville, Ontario, L6K 1H3, questioned if DFO goes on strike and he received a building permit before the proposed changes, how long is the permit available for? Mr. Fahner confirmed that a building permit is good for three years before it is revoked. Under the Ontario Building Code a permit can be revoked in six months or if construction stops for a year.
Anna Mallin, Box 26, Bala, Ontario, P0C 1A0, questioned where the measuring of the shoreline buffer starts if there is bedrock at the shoreline. Mr. Fahner confirmed the shoreline buffer starts at the high water mark and proceeds back 50 feet. Mr. Fahner also explained a “Lake Plan”.
Mayor Pryke thanked everyone for attending and felt there is support for the proposal with some “fine” tuning.
3. Proceedings By-law
Resolution Number C-01-10/02/04
Councillor Thompson - Councillor Ian Wallace: Be it resolved that By-law 2004-147, being a by-law to confirm the proceedings of the meeting of Special Council held on Saturday, October 2, 2004, be read a first, second and third time and finally passed.
Carried.
4. Adjournment
Resolution Number C-02-10/02/04
Councillor Wallace – Councillor Martin: Be it resolved that this meeting adjourn at 12:10 p.m. and the next regular meeting of Council be held on Tuesday, October 12, 2004 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
______Susan Pryke Stephen Fahner Mayor Acting Clerk Administrator
Special Council Minutes - Waterfront Density - October 2, 2004, Page #5
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
MINUTES– SPECIAL COUNCIL MEETING Thursday, December 16, 2004 A Special Meeting of Council will be held on Thursday, December 16, 2004, immediately following the Planning and Community Development Committee meeting, in the Council Chambers, Municipal Offices, Port Carling, Ontario, to consider the site plan for Water and Ice. PRESENT: Officials Present: Mayor Susan Pryke J.W. McDivitt - Acting Clerk S. Fahner - Director of Planning Councillors: Karen Ellis Others Present: Ian Wallace C. Minty – Planning Administrative Assistant Mary Grady Brian Hare Regrets: Nancy Thompson Don Goltz Adele Fairfield Stewart Martin Ruth Nishikawa
1. Meeting Called to Order
Mayor Pryke called the meeting to order at 12:38 p.m.
2. Delegations
3. Disclosure of Pecuniary Interest
4. Site Plans
a. Consideration of a resolution Re: Water and Ice Site Plan SP- 41/04.
Resolution Number: C-1-12/16/04
Councillor Hare – Councillor Grady: Be it resolved that Site Plan SP- 41/04, Water and Ice Ltd., Part of Lot 29, 30, Concession 4 (Port Carling), Roll # 5-2-034, be approved subject to securities.
Carried.
5. Proceedings By-law
Resolution Number: C-2-12/16/04
Councillor Grady – Councillor Hare: Be it resolved that By- law 2004-190, being a by-law to confirm the proceedings of the meeting of Special Council held on Thursday, December 16, 2004, be read a first, second and third time and finally passed.
Carried.
Special Council Minutes – December 16, 2004 - Page #1
6. Adjournment
Resolution Number: C-3-12/16/04
Councillor Hare – Councillor Grady: Be it resolved that this meeting adjourn at 12:40 p.m. and the next regular meeting of Council be held on Monday, January 3, 2005 at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario.
Carried.
_ Mayor Susan Pryke J.W. McDivitt, CAO / Acting Clerk
Special Council Minutes – January 17, 2004- Page #2