The District Municipality of Muskoka

THE DISTRICT MUNICIPALITY OF MUSKOKA

ENGINEERING AND PUBLIC WORKS COMMITTEE

A G E N D A

Meeting No. PW-7-2007 Wednesday, May 30, 2007 9:00 a.m. Council Chamber, District Administration Building ______

Pages

1. CALL TO ORDER

2. DECLARATION OF PECUNIARY INTERESTS

3. TRANSPORTATION

a) Road Closure - Muskoka Road #37 (Manitoba Street) Bracebridge - Midnight Madness Event Report No. PW-7-2007-2

Recommendation

THAT Muskoka Road #37 (Manitoba Street), from Muskoka Road #42 (Taylor Road) to Ontario Street, be temporarily closed on Friday, August 3, 2007 between the hours of 4:00 p.m. and 1:00 a.m. to accommodate the annual Midnight Madness event.

b) Road Closure - Muskoka Road #18 (Muskoka Road) Gravenhurst - Steamship Festival and Sidewalk Sale Report No. PW-7-2007-3

Recommendation

THAT portions of Muskoka Road #18 (Muskoka Road) in the Town of Gravenhurst be temporarily closed on Friday, August 10, 2007 from 8:00 a.m. until 8:00 p.m. and on Saturday, August 11, 2007 from 8:00 a.m. until 6:00 p.m., in order to hold the Annual Gravenhurst Steamship Festival & Sidewalk Sale as per Report No. PW-7-2007-3.

c) Temporary No Parking Zone - Muskoka Road #15 (Santa's Village Road) Bracebridge - Highland Games Report No. PW-7-2007-4

Recommendation

THAT a by-law be prepared creating a temporary “No-Parking” zone along both sides of Muskoka Road #15 (Santa’s Village Road), between Muskoka Road #118 (Wellington Street) and Brofoco Drive, from 7:00 a.m. to 6:00 p.m. on Saturday August 18, 2007, as per the Report No. PW-7-2007-4. Pages

d) Weighted Wage Rates - Area Municipalities Report No. PW-7-2007-5

Recommendation

THAT the current weighted wage rates for the area municipalities, as outlined in Report No. PW-7-2007-5 be approved.

e) The Use Of All Terrain Vehicles (ATVs) On Muskoka Road No. 38 Report No. PW-7-2007-6

Recommendation

THAT the request of the Wahta Mohawk First Nation that All Terrain Vehicles (ATVs) be permitted to be used on Muskoka Road Number 38 be:

1) denied* 2) granted*, or 3) granted for the section of Muskoka Road No. 38 within the Township of Georgian Bay only*.

*one of the three options or such other option as the Committee deems appropriate is to be selected

f) Request For The Designation Of Community Safety Zones On Muskoka Road No. 118 In Port Carling And On Muskoka Road No. 169 in Bala In The Township of Muskoka Lakes Report No. PW-7-2007-7

Recommendation

THAT Community Safety Zones be designated on Muskoka Road No. 118 in the community of Port Carling and on Muskoka Road No. 169 in the community of Bala as requested in resolution number CS-38- 15/05/07 of the Council of the Township of Muskoka Lakes.

g) Renaming Of Port Carling Locks Park Report No. PW-7-2007-9

Recommendation

THAT Port Carling Locks Park be renamed James Bartleman Island Park.

h) Use of Port Carling Docks for Water Ski Exhibitions Report No. PW-7-2007-10

Recommendation

THAT Summer Water Sports Inc. be advised that public access to the Port Carling Locks and public docks cannot be obstructed or impeded by its proposed weekly water ski exhibitions in the Indian River between the Port Carling Locks and Lake Rosseau.

Pages 4. ENVIRONMENT

a) 2006 Summary Reports For Muskoka's Sewage Works Report No. PW-7-2007-8

Recommendation

THAT the 2006 summary and annual reports for Muskoka's sewage works in Bracebridge, Gravenhurst, Huntsville, Port Sydney, Baysville, Port Carling, Bala and Port Severn be received.

5. DEVELOPMENT

a) Zoning Amendment Application ZA 09-2007-05-14 Gravenhurst Report No. PW-7-2007-11

Recommendation

THAT the appeal of the decision of the Committee of Adjustment of the Town of Gravenhurst respecting zoning amendment application file number ZA 09-2007-05-14 filed by the Engineering and Public Works Department on behalf of Muskoka on May 14, 2007, be confirmed;

AND THAT staff be directed to work closely with the applicant and other stakeholders to come to terms that will address Muskoka’s concerns.

6. INFORMATION ITEMS

a) Doors Open Muskoka - June 16, 2007 Tours of Muskoka's water and sewage treatment plants will be conducted between 10:00 a.m. and 2:00 p.m.

7. NEW BUSINESS

8. CLOSED SESSION

Recommendation

THAT we do now retire to Engineering & Public Works Committee in closed session to receive legal advice and consider a property matter (Rosseau Resort Development Inc. - Licence of Occupation).

Recommendation

THAT we do now rise from Engineering and Public Works Committee in closed session and immediately reconvene in open session.

9. ADJOURNMENT

Recommendation

THAT the Engineering and Public Works Committee adjourns to meet again on Wednesday, June 20, 2007 at 9:00 a.m., or at the call of the Chair.

TO: Chair and Members Engineering and Public Works Committee

FROM: N.W. Waters Director of Roads and Waste Management

DATE: May 8, 2007

SUBJECT: Road Closure – Muskoka Road #37 (Manitoba Street) – Bracebridge Midnight Madness Event

REPORT NO.: PW-7-2007-2 ______

RECOMMENDATION

ORIGIN

A request (correspondence attached) from the Bracebridge B.I.A asking the District to temporarily close a portion of Muskoka Road #37 (Manitoba Street).

ANALYSIS

This event is held annually in the Town and requires the temporary closure of Muskoka Road #37 (Manitoba Street). Muskoka Pubic Works Department has no objection to this request, and the required agreements and insurance will be in place.

Respectfully submitted,

Noel W. Waters, CRS-S, CMM l Director of Roads and Waste Management

To: RelayFax via port COM5 From: 7056451 262 5/8/2007 lO:ll:lOAM (Page I of 8)

May-08-2007 10:23am From-TOWN OF BRACEBRIDGE 7056451262 T-793 P.001/006 F-423

DATE May 8,2007

TO: Ontario Provincial Police (Bracebridge Detachment) - 645-3350 Muskoka Ambulance - 645-I I9I Sylvia Thompson, Simcoe-Muskoka Health Unit - 789-7245 Bracebridge Fire Department - 646-2 1 2I District Public Works - 645-7599 Culture & Recreation - 645-3030 Scott Stakw, Chief By-law Officer Ron Walton, Municipal Engineer Randy Gardner, Chief Building Official

FROM: Matthew Gower Assistant to Municipal Clerk

RE Application for Special Event Permit Midnight Madness August 3,2007

Attached is an application for a Special Event Permit as norad above. Please review and advise of any specific requirements or conditions that your agency or department may have for this event

I would be glad to receive your comments by e-mail atmrower6ltown.braceb rid-, please make reference in the subject line to the name of the event and datc(s).

Your response is requested by Friday May 18,2007.

Thank you for reviewing this application.

1000 Taylor Court, Bracebridge, ON PIL 1R6 Tal; (705) 645 -4264 Fax: (705) 845-1282 To: RelayFax via port COM5 From: 7056451 262 5/8/2007 10:II:IOAM (Page2of6) May-08-2007 10:24am From-TOWN OF BRACEBRIDGE 7056451262 T-793 P.002/006 F-423 APPLICATION FOR SPECIAL EVENT PERMIT Must be submi#& at lwst 90 days prior to event

Does the event require: (please check)

sj If yes, provide details including safety procsutions, licensed

Do you have qualified first aldICPR persotmsl oneite?

All orflankers and participm must abide by the conditions detailed itl the Town afBrsesbridae sm Events Policy.

A public liability Certificate of Insurance in the amount of $2M naming tho Town of Bracebridge as additional insured must be submitted before a permit wlll beissued.

ENGINEERING & PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) 645-6764 OR 1-800-281-3483 FAX (705) 645-7599 E-MAIL [email protected] www.muskoka.on.ca

TO: Chair and Members Engineering and Public Works Committee

FROM: N. W. Waters Director of Roads and Waste Management

DATE: May 17, 2007

SUBJECT: Road Closure - Muskoka Road # 18 (Muskoka Road) - Gravenhurst Steamship Festival and Sidewalk Sale

REPORT NO.: PW-7-2007-3 ______

RECOMMENDATION

ORIGIN

A request (correspondence attached) from the Gravenhurst BIA requesting permission from the District to close portions of Muskoka Road #18 (Muskoka Road), in order to hold the Annual Gravenhurst Steamship Festival & Sidewalk Sale.

ANALYSIS

This event is held annually in the Town, and in order to hold this event it requires the closing of portions of Muskoka Road #18 as follows:

Muskoka Road #18 from the north side of its intersection with Philip St. to the south side of its intersection with Bay/Brock Streets, and from north side of its intersection with Bay/Brock Streets to the south side of its intersection with Brown/Church Streets.

The District Public Works Department has no objection to the request. The required insurance and agreements will be in place.

Respectfully submitted,

Noel W. Waters, CRS-S, CMM l Director of Roads and Waste Management

Frank Wear Events Committee, Steamboat Festival Gravenhurst BIA. 125 Alexander St. Gravenhurst, Ontario. P1P 1A9 Phone7058120900

Attn Chris M. Ioarra, Solicitor The District Municipality ofMuskoka.

Dear Chris, As per our telephone conversationIam seeking on behalf ofthe Gravenhurst Business improvement Area a temporary road closure of Muskoka Rd (Muskoka Rd 18) in the town ofGravenhurst to allow the operation ofour annual Steamboat Festival.

The dates are Friday August the lo* from 8:OO am to 8:OOpm. And Saturday August the 1lfh from 8:OOam to 6:OOpm

The Sections we wish to close are from BrowdChurch to Bay/Brock St., And fiom Bayhock St. to Philip Street.

The Steamboat Festival is a family event, featuring sidewalk sales, live entertainment, food courts, and various exhibitors etc. The application should be made under the, Gravenhurst BIA. Box 837, Gravenhurst, Ontario P1P IV2

Contacts Frank Wear, Events Cowittee 705 812 0900 (Home) Rob White, President BIA 705 687 0111 (Bus) Frances Garner Vice Pres. BIA 684 9922 (Bus)

Please contact Frank Wear for krther information ifrequired, Thank You

Frank Wear Gravenhurst BIA.

TO: Chair and Members Engineering and Public Works Committee

FROM: Noel W. Waters Director of Roads and Waste Management

DATE: May 22, 2007

SUBJECT: Temporary No Parking Zone – Muskoka Road #15 (Santa’s Village Road) Bracebridge - Highland Games

REPORT NO: PW-7-2007-4 ______

RECOMMENDATION

ORIGIN

The need to restrict parking on portions of Muskoka Road #15 (Santa’s Village Road) in Bracebridge.

ANALYSIS

The attached resolution from the Town of Bracebridge is in recognition of past problems encountered during events being held at Annie Williams Park, with vehicles parking along Muskoka Road #15 (Santa’s Village Road), making it very difficult for other traffic trying to get through.

Respectfully submitted,

Noel W. Waters, CRS-S, CMMI Director of Roads and Waste Management

Administration ((I Finance Committee Bracebridge Highland Games -Noise Exemption

The Corporation of the Town of Bracebridge BRACEBRIDGE me Heart o(Mrcskdca

May 7,2007

Moved by i Seconded by L

THAT Bracebridge Highland Games be granted an exemption to the Noise Control By-law to permit amplified sound from 9:00 a.m. to 6:OO p.m. on Saturday, August 18, 2007 at Annie Williams Park.

AND FURTHER THAT the District Municipality of Muskoka be requested to impose a temporary no parking zone restriction on both sides of Santa's Village Road between Wellington Street and Brofoco Drive from 7:OOam to 6:OOpm on August 18,2007.

1Chair

ENGINEERING & PUBLIC WORKS DEPARTMENT 70 PINE STREET, BRACEBRIDGE, ONTARIO P1L 1N3 Telephone (705) 645-6764 OR 1-800-281-3483 FAX (705) 645-7599 E-MAIL [email protected] www.muskoka.on.ca

TO: Chair and Members Engineering and Public Works Committee

FROM: N.W. Waters Director of Roads and Waste Management

DATE: May 22, 2007

SUBJECT: Weighted Wage Rates – Area Municipalities

REPORT NO: PW-7-2007-5 ______

RECOMMENDATION

THAT the current weighted wage rates for the area municipalities, as outlined in Report No. PW-7-2007-5 be approved.

ORIGIN

Requests for approval of the weighted wage rates from the Area Municipalities.

ANALYSIS

The attached chart lists the current weighted wage rates for the area municipalities. The percentage difference reflects the increase/decrease over the previous rate that had been approved. In the case of Bracebridge, Huntsville and Muskoka Lakes, the last request for a change in their weighted wage rates was 2004. For Gravenhurst and Georgian Bay the last request was in 2005, and for Lake of Bays it was 2006.

Respectfully submitted,

Noel W. Waters, CRS-S, CMM l Director of Roads and Waste Management

WAGE COMPARISON

POSITION BRACEBRIDGE GRAVENHURST HUNTSVILLE GEORGIAN BAY LAKE OF BAYS MUSKOKA LAKES Effective Date of New Rate December 30, 2006 April 1, 2007 December 31, 2006 May 17, 2007 May 15, 2007 April 1, 2007

AVERAGE WAGE $20.05 $21.03 $20.23 $21.23 $20.89 $20.88

PAYROLL BURDEN 43.938% 48.19% 49.09% 39.00% 36.90% 37.20%

WEIGHTED WAGE RATE $28.86 $31.17 $30.17 $29.51 $28.60 $28.65

DIFFERENCE PREV. RATE 10.9% 8.6% 19.4% 0.44% 0.58% 8.6%

5/25/2007

TO: Chair and Members Engineering and Public Works Committee

FROM: A.J. White, P.Eng. Commissioner of Engineering and Public Works

DATE: May 24, 2007

SUBJECT: The Use Of All Terrain Vehicles (ATVs) On Muskoka Road No. 38

REPORT No.: PW-7-2007-6 ______

RECOMMENDATION

THAT the request of the Wahta Mohawk First Nation that All Terrain Vehicles (ATVs) be permitted to be used on Muskoka Road Number 38 be:

1) denied* 2) granted*, or 3) granted for the section of Muskoka Road No. 38 within the Township of Georgian Bay only*.

*one of the three options or such other option as the Committee deems appropriate is to be selected

ORIGIN

Chief Blain Commandant of the Wahta Mohawks has written to request that ATVs be permitted to use Muskoka Road No. 38. A copy of Chief Commandant’s letter is attached as Appendix “A”.

BACKGROUND

Muskoka Road No. 38 extends from Muskoka Road No. 169 in the Township of Muskoka Lakes to King’s Highway No. 400 in the Township of Georgian Bay and traverses the Wahta Mohawk territory. A map showing the road is attached as Appendix “B”.

On April 16, 2007, the Muskoka District Council passed a by-law numbered 2007-33 to permit the limited use of ATVs on Muskoka District Roads within the geographic boundaries of the Township of Georgian Bay. The by-law permits ATVs to be used on all Muskoka District Roads within the geographic boundaries of the Township of Georgian Bay, with the exception of Muskoka Road No. 38, which crosses the common boundary with the Township of Muskoka Lakes.

The current by-law was preceded by by-law number 2005-27, which established similar permissions for a trial period of two years. The earlier by-law also excluded Muskoka Road No. 38 because of objections from the Township of Muskoka Lakes to the use of ATVs on municipal roads.

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ANALYSIS

Following receipt of the letter from Chief Commandant, the Councils of the Township of Georgian Bay and the Township of Muskoka Lakes were asked for their positions on the subject of ATVs on Muskoka Road No. 38. The Township of Georgian Bay has no objection whilst the Township of Muskoka Lakes continues to be opposed to the use of ATVs on municipal roads.

It is probably worthwhile to note here that Muskoka has not specifically prohibited the use of ATVs on any of its roads. The state of the law in Ontario is that ATVs are prohibited by provincial statute from using municipal roads unless specifically authorized by municipal by-law to do so. As might be expected, there are also a number of restrictions and conditions set out in the statutes that must be met for any by-law to be valid.

OPTIONS

The positions of those area municipalities with a direct interest in this matter have not changed in the years since the passage of by-law number 2005-27. Therefore, the most obvious option is to maintain the status quo and deny the request from the Wahta Mohawks. Another option would be to grant the request for that portion of Muskoka Road No. 38 lying within the geographic boundaries of the Township of Georgian Bay only. A third option would be to discount the concerns of the Township of Muskoka Lakes and grant the request. There are no strong engineering reasons to select any one of these options over the others. Therefore, the Committee’s guidance on this matter is respectfully requested.

FINANCIAL CONSIDERATIONS

The cost of the providing and maintaining signs to support the request would be relatively modest – likely less than $1,000 for initial installation and less than half of that per annum for ongoing expenses.

Respectfully submitted,

A.J. White, P.Eng. Commissioner of Engineering and Public Works

AJW:07report\5ATV1.doc

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TO: Chair and Members Engineering and Public Works Committee

FROM: A.J. White, P.Eng. Commissioner of Engineering and Public Works

DATE: May 25, 2007

SUBJECT: Request For The Designation Of Community Safety Zones On Muskoka Road No. 118 In Port Carling And On Muskoka Road No. 169 In Bala In The Township Of Muskoka Lakes

REPORT NO.: PW-7-2007-7 ______

RECOMMENDATION

THAT Community Safety Zones be designated on Muskoka Road No. 118 in the community of Port Carling and on Muskoka Road No. 169 in the community of Bala as requested in resolution number CS- 38-15/05/07 of the Council of the Township of Muskoka Lakes.

ORIGIN

The Township of Muskoka Lakes has forwarded a request for the designation of Community Safety Zones in Port Carling and Bala. A copy of the request is attached as Appendix “A”.

ANALYSIS

Community Safety Zones may be designated by by-law under the authority of Section 214.1 of the Highway Traffic Act. Operators of motor vehicles who commit offences such as speeding in areas designated as Community Safety Zones are subject to heavier penalties. Typically, fines are double those for offences committed in undesignated areas.

Community Safety Zones may be created when public safety is of special concern on the section of road under consideration. The council of the municipality having jurisdiction (in this case, the Muskoka District Council) determines whether or not public safety is of special concern.

Unfortunately, unlike warrants for traffic signals, pedestrian crossovers, etc., there are no numerical standards to assist the Council in making a decision as to whether or not to designate a Community Safety Zone. The Ontario Traffic Manual simply offers “Guidelines For Use” which state, in part:

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“The knowledge and expertise of local decision making bodies such as municipal council, municipal engineering staff, police services board as well as input from local ratepayers associations or community policing committees can be employed in the identification of Community Safety Zones. Ideally, there should be documented evidence that public safety is of special concern in the area being considered for a Community Safety Zone.”

Prior to making its request, the Township of Muskoka Lakes consulted the Ontario Provincial Police (OPP) regarding this matter and the response of Sergeant Chris Walsh of the OPP is contained in Appendix “B”. In the opinion of Sergeant Walsh, the requested Community Safety Zones are not warranted. Muskoka’s Engineering and Public Works Department concurs with Sergeant Walsh. However, the guidelines offered by the Ontario Traffic Manual suggest that other opinions such as those of the municipal council and ratepayers should be taken into account. Accordingly, in the absence of any objective warrants or standards, it is recommended that the Township’s request be granted.

FINANCIAL CONSIDERATIONS

A by-law designating a Community Safety Zone does not come into effect until the signs prescribed by the Highway Traffic Act and regulations have been erected. The estimated cost of these signs is $3,000 per community. Naturally, the intent of the Community Safety Zone is to encourage compliance with speed limits and other traffic regulations. However, it is entirely possible, perhaps even likely, that the cost of the signs will be offset by increased revenue from fines relating to traffic infractions.

Respectfully submitted,

A.J. White, P.Eng. Commissioner of Engineering and Public Works

AJW:07report\5cszone1.doc

TO: Chair and Members Engineering and Public Works Committee

FROM: Kevin Austin, P.Eng. Manager of Contract and Engineering Services

DATE: May 25, 2007

SUBJECT: Renaming of Port Carling Locks Park

REPORT No.: PW-7-2007-9 ______

RECOMMENDATION

THAT Port Carling Locks Park be Renamed James Bartleman Island Park.

ORIGIN

On July 28, 2007 the Muskoka Lakes Museum will be holding Museum Day. Included in the festivities will be the attendance of the Lieutenant Governor of Ontario, James K. Bartleman, O.Ont. His Honour will arrive by steamboat to be met by Township of Muskoka Lakes and Ojibwa representatives, then proceed to the Museum where a signing of His Honour's latest book, “Raisin Wine” will take place. This event takes place just 2 days prior to the completion of the Honourable Mr. Bartleman’s mandate as Lieutenant Governor of Ontario.

In commemoration of his term as Vice Regal, the Muskoka Lakes Historical Society has approached Muskoka to rename the park, with the official renaming is to take place at this time. This renaming is also in recognition that the Honourable Mr. Bartleman’s father held the position of Lockmaster in Port Carling for a number of years.

ANALYSIS

The Township of Muskoka Lakes Council has passed a resolution in support of the renaming. A copy of the resolution and supporting report is attached.

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FINANCIAL

Replacement of the lettering showing the park name on the granite slab sign is estimated to cost $2,300. Replacement of the complete slab would necessitate removal and replacement of the concrete foundation and some adjacent plantings and replacement of all lettering. This is estimated to cost between $18,000 and $20,000.

Respectfully submitted,

Kevin Austin, P.Eng. Manager of Contract and Engineering Services

Encl.

TO: Chair and Members Engineering and Public Works Committee

FROM: Kevin Austin, P.Eng. Manager of Contract and Engineering Services

DATE: May 25, 2007

SUBJECT: Use of Port Carling Docks for Water Ski Exhibitions

REPORT No.: PW-7-2007-10 ______

RECOMMENDATION

ORIGIN

For the past few summers, Summer Water Sports Inc. (SWS) has been conducting a water skiing exhibition on Bala Bay, adjacent Windsor Park. This year the company wishes to expand its operations to Port Carling. SWS proposes to hold the exhibition in the wide part of the Indian River above the Port Carling Locks, downstream from Lake Rosseau. A copy of a letter from SWS outlining this proposal is attached as Appendix “A”.

ANALYSIS

SWS proposes to conduct ten weekly shows on Monday nights, beginning June 25 and ending August 27. To this end, SWS has approached the Township of Muskoka Lakes and the Township’s Parks and Recreation Committee has passed a resolution stating that it has no objection, provided that SWS meets the requirements of all regulating agencies.

In the second paragraph of the letter contained in Appendix “A”, SWS writes:

“We would like to make a formal proposal to use the docks at the Locks Park in Port Carling during the water ski show. With the support of “The Boatworks” and full use of their facilities and docks, we would be asking the District to allow us to have the spectators sit on and park their boats on the docks. Also People may want to watch from the island park.”

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The public has the right to access these docks similar to the right to travel on a public highway. Obstruction of these docks by an individual or organization is an impingement on those rights.

SWS have indicated that it has been in discussions with both the Ontario Provincial Police (OPP) and the Canadian Coast Guard (Department of Fisheries and Oceans). However, the sergeant of the Bracebridge OPP detachment has confirmed that a “No Water Skiing” zone exists on the Indian River from the buoys in Lake Rosseau to the buoys in Mirror Lake and that break-away speed for a skier would require the watercraft to exceed the speed limit. The OPP does not have jurisdiction to grant permission to relax these rules. The Parry Sound base for the Coast Guard has received no official correspondence or communication in this regard. Muskoka has no jurisdiction whatsoever in this regard to either amend or enforce the regulations.

Muskoka has received calls and emails from residents who have property in this area registering their objection to the SWS proposal, copies of which are included in Appendix “B”.

In summary, many of the authorizations required by SWS to be able to proceed are outside of Muskoka’s jurisdiction. Therefore, it is entirely possible that the requirements of other authorities will have a greater impact than those of Muskoka. However, in view of the possible interference with access to the public docks on Muskoka’s property, it is recommended that SWS be advised that any such interference arising from its proposal cannot be permitted.

Respectfully submitted,

Kevin Austin, P.Eng. Manager of Contract and Engineering Services

Encl. Appendix “A”

n Summer Water Sports Inc.

Water Ski Schools and Shows!

May 23rd, 2007

District ofMuskoka

Attn: Kevin Austin and Tony White

For over eleven years now SWS has provided quality instruction and family entertainment for the residents and visitors of Muskoka. Our weekly shows have become a staple of many family Muskoka vacations, a tradition comparable to the Regatta or Antique Boat Show. SWS has taken in excess of 1.3 million people water skiing and performed over 600 professional water ski and stunt shows for countless spectators.

For the summer of 2007 we would like to propose a new Monday evening ski show inPort Carling, on Lake Rosseau starting June 25” and running till August 27” for a total of 10 Monday nights. We would like to make a formal proposal to use the docks at the Locks Park in Port Carling during the water ski show. With the support of “The Boatworks” and full use of their facilities and docks, we would be asking the District to allow us to have the spectators sit on and park their boats on the docks. Also People may want to watch from the island park.

We propose the show to take place in front of the main docks and “The Boat Works”. This will keep the waterway open for anyone trying to use the small locks or Port Carling. We will mark a pathway with bouys so people will still be able to enter and leave Port Carling during the show by boat.

A typical ski show lasts for about 45 minutes on the water skiing. The skiing will take place in front ofBoat Works and the District docks, which is outlined in the attached picture. This will allow people to still access the small lock and docks during the show and also proved a safe and enjoyable viewing area for spectators. During the ski show we have always have a safety boat on the water that can help direct boats around the site. We also have an announcer who will be able to address the crow and boats to where they should be parking. We typical arrive at the show site at 6:30 PM for set up. The skiing starts at 7:30 and is done around 8:15. We do not leave until we have cleaned up all of our equipment and done a sweep of the area making sure that all the garbage left by the spectators is disposed ofproperly which is around 9:00pm as we do so at all of show sites.

Summer Water Sports Inc. 33 Harbour Square, Suite 1237 Toronto, Ont. M5J 2G2 I-888-I-SKI-SWS. [email protected] www.summerwatersports.com There is ample boat and car parking on both sides ofPort Carling to accommodate the people attending the show and also peopling coming to Port Carling for other reasons. We will have staff help direct people where to park their vehicles.

Mayor Pryke and the Muskoka Lakes Town Council, and Parks and Recreation committee have passed resolutions showing their support for the show as well as many cottagers and business in the Port Carling area have written letters in support of the show.

Our established Tuesday night show site at Windsor Park in Bala allows local businesses to benefit from the audiences who attend. A ski show in Port Carling would bring economic and social benefits to the local community. Families look for dinner, ice cream or shopping to complement the show. We can think of no other weekly Muskoka event that creates such a community gathering. The goal of an SWS ski show is to offer an evening family entertainment.

This is a new decade for SWS, with new leadership. As the new owners of SWS we bring a renewed energy and commitment to SWS. It is our sincere hope, that with your support SWS can bring a ski show to Port Carling.

Should you have any further questions, comments, or concerns please contact us at your convenience.

Sincerely ,

Geordie Newlands and Cam Dempster Summer Water Sports

Summer Water Sports Inc. 33 Harbour Square, Suite 1237 Toronto, Ont. M5J 2G2 1-888-I-SKI-SWS. [email protected] www.summerwatersports.com P n,

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Austin, Kevin

From: Geordie [[email protected]] Sent: Wednesday, May 23,2007 2:52 PM To: Austin, Kevin Cc: White, Tony Subject: RE: Use of Docks at Port Carling Locks.

Hi Kevin, Please find attached a letter outlining our proposal for the Monday Night Ski Show in Port Carling. Please let me know if you have any more question. We have also been speaking with the OPP and Coat Guard and they will grant us a special permit allowing us to ski in the river.

Thank you,

Geordie Newlands

Summer Water Sports

416-562-3494 1-888-I-SKI-SWS wwwammewaterspo&&com

From: Austin, Kevin [mailto:[email protected]] Sent: May 23, 2007 9: 11 AM To: [email protected] Cc: White, Tony Subject: Use of Docks at Port Carling Locks.

Geordie:

Pursuant to our telephone conversation this morning, please provide Muskoka with a formal request and details of your proposal for use of the docks at Locks Park in Port Carling to conduct a water skiing show. Please also include the dates, times, details of provisions for maintaining existing marine traffic, parking for both automobiles and watercraft, pedestrian access, etc..

Thank you.

Kevin Austin, P.Eng. Manager of Contract and Engineering Services District Municipality of Muskoka 70 Pine Street Bracebridge, Ontario PIL 1N3 (705) 645-6764 (800) 281-3483

5/25/2007 COMMISSIONER OF PUBLIC WORKS. RE. PORT CARLING ... Appendix "B"

MAY 1 7 2007 Subject: COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING WATER SKISHOW ftood7 Fromd-'! Date: Wed, 16 May 2007 16: 19:22 EDT To: [email protected]

District ofMuskoka, Commissioner ofPublic Works, Administrative Offices, 70 Pine Street, Bracebridge, Ontario, P1L OAl

Attn. Mr. Tony White,

Dear Mr. White,

It has come to my attention that a company named Summer Water Sports (SWS) has made a proposal to the Township ofMuskoka Lakes, Parks and Recreation Department to present a water ski show. This show would take place Monday nights, during July and August 2007, hmthe boat docks in the bay on the north side ofthelocks on the Indian River at Port Carling. This is the second time this company has made such aproposal and it was turned down by the Township ofMuskoka Lakes council in 2006.

This proposal would require closure ofboth the small and large locks and evacuation ofall the docks ofwatercraft on that side of thelocks during setup, presentation and take down of the show.

It my understanding that Federal regulations prohibit water skiing on any part ofthe Indian River with the exception ofa portion known as MhrLake south ofthe locks.

Ihave been advised by my councilor and Deputy Mayor, Stewart Martin, who is also our representative to the district council, that the Township ofMwkoka Lakes has no jurisdiction over the locks and docks in Port Carling thereforeIam writing you to advise you ofmy opposition to and concerns about this type ofevent in this small bay, surrounded by private residences, on the Indian River system.

WATER QUALITY

As a 30 year resident at this location on this bay across fiom the locks and docks inPort CarlingI have seen a dramatic deterioration ofwater quality.

No longer isriver water drinkable but the turbidity, caused by the itlcreasad numbers offast, high powered watercraft makes it difficult to even filter river water for non potable use. TheIndian River was above acceptable turbidity limits in the 2006 MLA water study. Myself and most ofthe residents on Stephen Road do not have the availability and luxury ofaccess to municipal water consequently our only alternative is to use river water for bathing and other household chores.

It is a known fact that motorized watercraft release high amounts oftoxic chemicals such as

5117DOOI 9:02 AM COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING ...

hydrocarbons and nitrogen oxide into the air and outboard engines contribute unacceptable levels of unhealthy benzene, methyl tertiary-butyl ether and other toxic chemicals into the water. We do not need more watercraft, breaking speed limits, racing around this small bay emitting more unhealthy pollutants to residents on this site and those down river on Lakes Muskoka and Huron.

NOISE

Noise pollution fiom outboards and other types ofspecding watercraft are now a concern and irritant to residents on the confines ofthis bay and the Indian River. This speeding represents the lack of respect some people have for apersons right to be able to enjoy their own part ofMuskoka. This show also displays this same lack ofrespect.

It is time for township councils, cottagers and cottage associations to give some honest thought as to why people own cottages. Isit for an attempt to get back to nature, peace and recuperation hmurban noise, pollution, crowding and stress- or isit for sitting and watching noxious noisy machines running around in circles and denying people safe swimming aud canoeing or just enjoying their small piece of Muskoka in the company of family, fiiends and neighbors?

SHORELINES

Not only isincreased wave activity from watercraft disturbing the habitat ofnative waterfowl during their nesting season but italso contributes to excessive degradation ofthe shoreline requiring constant attention and expensive repair for the cottager. This type ofwater show in this small area will only make these problems worse.

EXCESSIVE DAMAGE TO BOATHOUSES AND DOCKS

Excessive wave action contributes to the rapid deterioration ofresidents docks and boathouse cribbing. Ihave recently spent considerable bds, as many other property owners have done to theirs, refbrbishing the exterior,decks and cribbing ofmy historic log boathouse on this bay.

This structure has been part ofthe vista from the Port Carling docks and locks for over 70 years.Ifelt it was important to save it rather than remove it and replace it with a nondescript and out ofcharacter building. Iwanted this building to stand for another 70 plus years and remain as a unique part ofthe Muskoka and Port Carling experience.

DAMAGE TO WATERCRAFT

Wave action, especially in confined areas such as ariver or small bay makes moored boats subject to unnecessary damage .This type ofactivity fbm unnecessary boat traffic caused by fast boats and illegal water skiing will only contribute to this problem. Not only will this type ofpresentation increase this probability but what mayIask should those propem owners do with their boats if they are tied up at their dock?Ihave this problem now withmy boat in a boathouse.

PUBLIC DOCKS AND LOCKS

Boaters wishing to use the municipal public lacking system will be denied passage to this bay from Steamboat Bay if the locks arc not operating while water skiers am racing in fkont ofthe public town

UI 70007 9:02 AM COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING ...

docks. Where will boaters wishing to go to the theater, dinner or ferry visitors to their cottage find safe dockage to do this?

Will people who live on islands or Lake Rosseau and must make an emergency trip to Port Carling by boat be able to meet an ambulance on the municipal public dock for a trip to Bracebridge Hospital while a water ski show is on?

PUBLIC DOCKS, LOCKS ARE FOR THE TAXPAYING PUBLIC TO USE AND THEIR USE SHOULD NOT

BE DETERMINED BY A COMMERCIAL WATER SKISHOW!

SOME QUESTXONS WHICH SHOULD BE ASKED AND ANSWERED

Will the producer ofthis event be paying any fees to the district for the privilege ofusing our public docks which have been partly paid for by tax dollars fiom the constituent's on this bay, river and lakes?

Will the producer compensate the district for loss ofrevenue while thelocks are down and for payment ofthe lock masters salary?

Would the district, township or the producer be responsible for liability insurance for injury to audience, participants or damage to private property by this event?

If some resident requires use ofpublic docks, during the staging of this event, for an emergency evacuation from an island to a hospital, and expires because he or she isdenied immediate acCess to an awaiting ambulance who would be responsible? The producer or the township/district for supporting and authorizing this event?

Who is responsible for cleaning up the site? The producer or district? And what is the time fiame for this exercise?

Will the OPP agree to fkcup the Marine Unit officers to exclusivelypolice this event and what happens if there is an emergency call for them to attend? Does that stop the show?

How many locations on our lakes has this type ofproduction been presented over the past 5-6 years and why is it necessary to move this year?

Is this type ofproduction, if supported by our township, out ofstep with today's ecological realities? This does not even support the Muskoka water strategy "to minimize the impact ofhuman activities on water resources ".

In closingI would like to bring to your attention some quotes made by the municipality and contained on their web site.

"WE ARE NOT A COUNCIL FOR SOME OF THE PEOPLE, WE ARE A COUNCIL OF ALL OF THE PEOPLE "

5i1712007 9:02 AM COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING ...

"OUR VISION -- TO CONTINUE TO BE A PLACE WHERE THE WORLD WANTS TO LIVE" @ "THROUGH STRONG BELIEF IN COMMUNITY WHILE EMBRACING ECONOMIC ENHANCEMENT AND GROWTH OPPORTUNRIES THAT RESPECT THE ENVIRONMENT, CONTRIBUTE TO A YEAR ROUND SUSTAINABLE ECONOMY AND ENHANCE THE QUALITY OF LIFE FOR ALL CITIZENS ".

All the residents ofour world famous cottage country should evaluate the real purpose ofahutill natural environment. Isee no reason why a few people should be allowed to spoil the enjoyment ofthe majority who seek some peace and tranquility.

It is absurd that the most popular-and ironically, expensive lakes ofcottage country have some of the same pollution problems as those communities ofsouthern Ontario.

Ihope by rejecting this application for a water ski show in Port Carling our elected representatives can demonstrate to their constituents their commitment, in their first year in office, to support and achieve these goals.

Sincerely,

PORT CARLING.,

ONTARIO.

5/17/2007 902 AM Tony White Commissioner of Public Works District of Muskoka

I understand that the local council for Muskoka Lakes is planning to move forward with the proposal of having a water ski show in the front of the township docks in Port Carling. Iam strongly opposed to this idea and suggest that it is the wrong location to stage this event.

I am an elected member on the Board of Directors for a condominium that is located a few hundred feet from these township docks. Our own docks include a floating finger dock system, and the wave action from the ski boats moving past our location will cause damage to both the docks and the boats located in our complex.

We have recently spent a considerable amount of money to replace a part of our fixed main dock and have to replace the remainder of the main dock in the near future. To have this destroyed by excessive wave action is unacceptable. There are reasons why fast boating and water skiing is not allowed on these rivers, and the potential damage to property is one of these reasons. Water skiing in this location might be in direct conflict with the Canada Shipping Act.

One of the major problems that we have in Muskoka is that of deteriorating water quality. High powered boats racing around in this small location will introduce additional pollution to an already fragile water system. We need to protect our water supply and not destroy it for the sake of a limited commercial venture.

Another factor to be considered is the noise pollution that will be created by this show. The noise from outboards and other types of watercraft will be a problem to the quiet enjoyment of our property. I assume that there might also be a public address system which will add to the situation.

The proposed location at the township docks is a part of a very busy waterway through the three major lakes in Muskoka. There is a great deal of boat traffic from people on vacation, people going to and from work, barge activity, and large tour boats traveling this route during the summer months. This throughway should not be restricted in any way by a water ski show.

In closing, I would like to state again that I am opposed to the idea of a water ski show in this location. If the insist on having a water ski show, then it should be in an appropriate location. I find it interesting that people who don’t actually live in this small section of the river, both citizens and politicians, are all for having the show. thank you, Page 1 of2

Austin, Kevin

1 From:- ( Sent: Friday, May 25, 2007 524 PM To: [email protected]; Childerhose, Randy; Martin, Stewart Cc: Transport Canada Mike Taber Subject: Port Carling Ski show

Dear Mr. White, Mr. Childerhose, and Mr. Martin, My husband andIobject to a water ski show on Port Carling Bay or on the Indian River north or south. Our family has been located on the Indian River since 1888 and have experienced many changes, not all for the better. A water ski show would be notfor the better and the following are my reasons why.

l WATER QUALITY - we take our drinking water from the river. The increase in boat traffic would notbe a benefit to the quality of the water.

0 NOISE - boat noise has increased over the years and we do not want more noise interrupting our peace and quiet which is why we retired toMuskoka.

0 SHORELINES - the increase wave activity erodes the shoreline and disturbs thehabitat of native waterfowl. l DOCKS and BOATHOUSES - additional wave action contributes to their deterioration.

0 WATERCRAFT - the increase wave action puts an additional stress on the moorings ofboats and the possibility of damage to boats and docks.

0 PUBLIC RESPONSIBILITY - how will the residents, permanent or summer, be protected? The Indian River and Port Carling Bay are also ahiahwag for emergency vehicles, people wanting to go to dinner or the theatre or take a walk on the Island or in Port Carling plus anyone wanting touse the Locks. Would you hold race or similar event on Hwy. 118?

Your rejection of a water ski show in this area would be greatly appreciated.

PS - Below are some question sent by-and we would also like toknow the answers to his questions. Thank you.

Will the producer ofthis event be paying any fees to the district for the privilege ofusing our public docks which have been partly paid for by tax dollars from the constituent's on this bay, river and lakes?

Will the producer compensate the district for loss ofrevenue while the locks are down and for payment ofthe lock masters salary?

Would the district, township or the producer be responsible for liability insurance for injury to audience, participants or damage to private property by this event?

If some resident requires use ofpublic docks, during the staging ofthis event, for an emergency evacuation from an

5/28/2007 Page 2 of2 island to a hospital, and expires because he or she is denied immediate access to an awaiting ambulance who would be responsible? The producer or the township/district for supporting and authorizing this event? 4,. . t Who is responsible for cleaning up the site? The producer orxhdistrict? And what is the time frame for this exercise?

Will the OPP agree to free up the Marine Unit officers to exclusively police this event and what happens if there is an emergency call for them to attend? Does that stop the show?

How many locations on our lakes has this type ofproduction been presented over the past 5-6 years and why isit necessary to move this year?

Isthis type ofproduction, if supported by our township, out of step with today's ecological realities? This does not even support the Muskoka water strategy "to minimize the impact ofhuman activities on water resources ".

5/28/2007 To: RelayFax via port COM5 From: 705 765 6755 5/23/2007 9:35:40 AM (Page 2 of 6)

705 7656755 TOWNSHIP OF MUSK0 00:42:37 p.m. 05-22-2007 2 16

Appendix 'I CI'

THE CORPORATION OF THE TOWNSHIP OF MUSKOKACAKES

DATE: April 25,2007 RESOLUTlONNlJMDER PRC-L -w/o4/r)7

MOVED 0k

SECONDED BY:

BE IT RESOLVED THAT: the Parlcs and that the Township of Muskoka Lakes has weekly waterski show In the lndlan River, ma propanents meet ail the requirements of regula as owner of Island Parkand the n .

COUNCJLLOR HARE MAYOR PRYKE VlCE CHAIR D" CWR WALLACE

TOTAU Appendi.x "D"

TO: Chair and Members Engineering and Public Works Committee

FROM: Herman Clemens, P. Eng. Director of Water and Sewer Operations

DATE: May 25, 2007

SUBJECT: 2006 Summary Reports For Muskoka's Sewage Works

REPORT NO: PW-7-2007-8 ______

RECOMMENDATION

THAT the 2006 summary and annual reports for Muskoka's sewage works in Bracebridge, Gravenhurst, Huntsville, Port Sydney, Baysville, Port Carling, Bala and Port Severn be received.

ORIGIN

Report No. PW-3-2007-4 presented the 2006 summary and annual reports for Muskoka's water works. The report included a commitment to provide similar documentation for Muskoka's sewage works.

ANALYSIS

Ontario regulation 170/03 requires that annual reports for Muskoka's water works be prepared and distributed according to a strict timetable. Although there is no corresponding regulation dealing with sewage works, almost all of the Certificates of Approval for these facilities require the preparation of an annual report. It has been Muskoka's practice to prepare annual reports for the remaining facilities as well. Annual reports deal primarily with test results, major expenses for maintaining equipment, flow rates and rated capacity of the systems.

At the Engineering and Public Works Committee meeting on May 30, 2007, a typical table of contents for the sewage reports will be handed out as well as the requisite elements of the summary and annual reports for each of the eight sewage systems. The complete reports will be available for review in Muskoka's Engineering and Public Works Department.

Respectfully submitted,

Herman Clemens, P. Eng. Director of Water and Sewer Operations

Managing Our Legacy Together

TO: Chair and Members Engineering and Public Works Committee

FROM: Kevin Austin, P.Eng. Manager of Contract and Engineering Services

DATE: May 14, 2007

SUBJECT: Zoning Amendment Application ZA 09-2007-05-14 Gravenhurst

REPORT NO.: PW-7-2007-11

______

RECOMMENDATION

AND THAT staff be directed to work closely with the applicant and other stakeholders to come to terms that will address Muskoka’s concerns.

ORIGIN

In response to a request for comments respecting zoning amendment application file number ZA 09- 2007-05-14, Muskoka recommended that a condition be imposed respecting the requirement to connect to existing municipal services. The Committee of Adjustment did not impose the requested condition when it granted the amendment.

ANALYSIS

The property affected by the zoning amendment does not presently have municipal water or sewer mains in front of it. However a municipal watermain exists approximately 15 metres from the easterly boundary and sewers exist approximately 155 metres east of that point. To this end the following comment was made: In consideration of the application, a Zoning Amendment Report was filed with the Town of Gravenhurst Committee of Adjustment. In that report, we noted that the property was located within the “Urban Centre” designation of the Muskoka Official Plan as amended. We further indicated that Section H.6 of the Muskoka Plan states that within Urban Centres, connection to

…2 Managing Our Legacy Together Page 2

municipal water supply and sanitary sewage disposal will be compulsory and prerequisite for all development except in limited instances. Specifically, an exemption from the requirement would not be considered where the proposal represented limited infilling and the services were not available in the foreseeable future. In this case, municipal water service is in close proximity on Musquash Road. In view of this, the proposal would not appear to conform to this section of the Muskoka Official Plan.

As noted above, the Committee of Adjustment did not impose this condition when it granted the Zoning Amendment.

EXISTING POLICY

In February 2003, Council adopted Resolution 8/2003 of the Engineering and Public Works Committee. This resolution states that standard corporate procedure, in cases where an approval does not incorporate the conditions required by Muskoka or an approval is granted with terms and/or conditions that are deemed by staff to be contrary to Muskoka’s interests, requires staff to file an appeal of the approval and that a report respecting the filing of the appeal be presented to the appropriate standing committee at the next available opportunity.

Respectfully submitted,

Kevin Austin, P.Eng. Manager of Contract and Engineering Services

May 23, 2007

Mr. Nicholas Popovich, Secretary Treasurer Committee of Adjustment Town of Gravenhurst 190 Harvey Street Gravenhurst, Ontario P1P 1S9

Dear Mr. Popovich:

Re: Zoning Amendment Application ZA 09-2007-05-14 (Foley) Part of Lot 26, Concession 4, Muskoka Town of Gravenhurst

This letter replaces my previous letter of May 14,2007.

Please consider this letter and enclosed cheque, in the amount of $125 payable to the Minister of Finance, as Notice of Appeal to the Ontario Municipal Board respecting the decision on Zoning Amendment Application ZA 09-2007-05-14 (Foley). This appeal is being filed by Muskoka staff and must be therefore confirmed by the Engineering and Public Works Committee at their next available meeting.

In consideration of the application, a Zoning Amendment Report was filed with the Town of Gravenhurst Committee of Adjustment. In that report, we noted that the property was located within the “Urban Centre” designation of the Muskoka Official Plan as amended. We further indicated that Section H.6 of the Muskoka Plan states that within Urban Centres, connection to municipal water supply and sanitary sewage disposal will be compulsory and prerequisite for all development except in limited instances. Specifically, an exemption from the requirement would not be considered where the proposal represented limited infilling and the services were not available in the foreseeable future. In this case, municipal water service is in close proximity on Musquash Road. In view of this, the proposal would not appear to conform to this section of the Muskoka Official Plan.

The reason for this appeal is that this recommendation, contained in above noted Zoning Amendment Report was not imposed on this application.

Should you have any questions, or require clarification regarding the foregoing, please do not hesitate to contact Scott Lucas, of the District of Muskoka Planning Department.

Yours truly,

Kevin Austin, P.Eng. Manager of Contract and Engineering Services c.c. A.J. White S. Lucas N. Skinner

Encl.

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