AGENDA -€COMMITTEE OF THE€WHOLE€MEETING Tuesday, … · progress of plans for the Township...

A Regular Meeting of Committee of the Whole will be held on October 21, 2014 at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

AGENDA - COMMITTEE OF THE WHOLE MEETING

Tuesday, October 21, 2014

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1. Call to Order

2. Adoption of Agenda

a. Consideration of a resolution to adopt the agenda.

3. Disclosure of Interest

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on September 16, 2014.

5. Public Works

a. Delegations and Petitions

b. Roads and InfrastructureChair Brent and Vice Chair Nishikawa

1. Report from the Director of Public Works Re: Monthly Activity Report.

2. Report from the Director of Public Works Re: District responsibility for waste management facilities closed prior to the District's assumption of waste management powers.

6. Corporate Services


b. FinanceChair Furniss and Vice Chair Burgess

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b. FinanceChair Furniss and Vice Chair Burgess

1. Report from the Clerk Re: Port Carling Curling Club - request for financial support in 2014.

c. AdministrationChair Kruckel and Vice Chair McTaggart

1. Report from the Development Services Coordinator Re: Monthly Activity Report

2. Report from the Interim CAO Re: Monthly Activity Report

3. Report from the Clerk RE: Original Shore Road Allowance on Brandy Lake lying in front of Concession 1, Lot 32, WATT - BOWES/SMITH, 2-6-015

4. Report from the Clerk Re: Original Shore Road Allowance on Lake Rosseau lying in front of Concession 5, Lot 29, WATT – DAVISON/LINKLATER, 2-9-044

5. Report from the Clerk RE: Original Shore Road Allowance lying in front of Concession 6, Lot 25, Watt WOLFE 2-11-026

6. Report from the Clerk Re: Accessibility. (Part three of this report will be provided prior to the meeting).

7. Community


1. Patricia Gidley, Chairperson, and Cathy Duck, CEO/Chief Librarian, Muskoka Lakes Public Library to attend at 9:00 a.m. Re: Library Update.

2. Jan Getson, Adele Fairfield and Pat Young, Walker's Point Community Library to attend at 10:30 a.m. Re: Library Update.

3. Jim Frangakis to attend at 10:45 a.m. Re: Request to build tennis courts in the Muskoka Lakes Sports Park.

b. Community and VolunteerismChair Baranik and Vice Chair Kruckel

1. Community Events Update.

c. Emergency ManagementChair McTaggart and Vice Chair Edwards

1. Report from the Fire Chief Re: Monthly Activity Report.

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c. Emergency ManagementChair McTaggart and Vice Chair Edwards

2. Report from the Fire Chief Re: Double Hatter Firefighters.

d. Parks, Trails and LibrariesChair Nishikawa and Vice Chair Brent

8. Visioning and Economic Development


b. VisioningChair Murphy and Vice Chair Harding

c. Economic Development and CommunicationsChair Harding and Vice Chair Baranik

1. Report from the Community Economic Development Coordinator Re: Monthly Activity Report.

2. Report from the Community Economic Development Coordinator Re: 2015 Wakestock.

9. New and Unfinished Business

10. Committee in Closed Session

a. Committee in Closed Session will be held for a proposed or pending acquisition or disposition of land by the municipality or local board pursuant to Section 239(2) of the Municipal Act, 2001.

11. Adjournment

a. Consideration of a resolution to adjourn.

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COMMITTEE OF THE WHOLE MINUTES - September 16, 2014 -

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES - COMMITTEE OF THE WHOLE MEETING

Tuesday, September 16, 2014 A Regular Meeting of Committee of the Whole was held on Tuesday, September 16, 2014, at 9:00 a.m.in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Murphy, Chair C. Harris - Interim CAO C. Mortimer - Clerk COUNCILLORS: T. Guthrie - Clerk's Assistant Ruth Nishikawa D. Pink - Director of Planning Don Furniss R. Hayes - Fire Chief Gault McTaggart N. Donald - Development Services Coordinator Jean-Ann Baranik S. Bos - Septic System Inspector Allen Edwards L. McMurray - Community Economic Development Coordinator Donelda Kruckel J. Krynicki - Director of Public Works Phil Harding Ron Brent Brad Burgess, left at 1:16 pm

1. Call to Order

a. Mayor Murphy called the meeting to order at 9:07 a.m. 2. Adoption of Agenda

a. Consideration of a resolution to adopt the agenda as amended.

Resolution Number COW-1-16/09/14 Councillor Brent - Councillor Harding: Be it resolved that the Committee of the Whole agenda dated September 16, 2014 be adopted as amended to add item 9.b. District updates and to remove litigation or potential litigation and personal matters from closed session item 10.a. and add item 9.c. Discussion Re: Bala Falls Hydro Plant Design Committee.

Carried 3. Disclosure of Interest

a. Councillor Brent had disclosed a pecuniary interest at the September 15, 2014 Planning Committee of the Whole in Closed Session meeting.

Consideration of a resolution to adopt the Committee of

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b. Councillor Nishikawa had disclosed a pecuniary interest at the September 15, 2014 Planning Committee of the Whole in Closed Session meeting.

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on August 15, 2014. A copy of the minutes is attached.

Resolution Number COW-2-16/09/14 Councillor Nishikawa - Councillor Baranik: Be it resolved that the Committee of the Whole Meeting minutes held on August 15, 2014 be adopted.

Carried 5. Public Works a. Delegations and Petitions

1. None b. Roads and Infrastructure

Chair Brent and Vice Chair Nishikawa

1. Report from the Director of Public Works Re: Monthly Activity Report. A copy of the report is attached.

The Director of Public Works answered questions in regard to landfill sites, sandbag content, the Energy Conservation and Demand Management Plan and the Clear Lake boat launch.

2. Report from the Director of Public Works Re: Municipal Infrastructure Initiatives. A

copy of the report is attached.

The Director of Public Works introduced the report for Committee. Resolution Number COW-4-16/09/14 Councillor Baranik - Councillor Harding: Be it resolved THAT the Committee of the Whole affirms that the rehabilitation of the Rosseau River Bridge is a priority within the municipality’s comprehensive asset management plan; AND THAT this project be proposed for funding under the Ontario Community Infrastructure Fund (OCIF).

Carried


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6. Corporate Services a. Delegations and Petitions

1. None b. Finance

Chair Furniss and Vice Chair Burgess

1. Report from the Clerk Re: MLA Antique Boat Show Request. A copy of the report is attached.

The Clerk reviewed the report for Committee.

Resolution Number COW-11-16/09/14 Councillor Harding - Councillor Brent: Be it resolved that Committee of the Whole recommend Township Council approve Option 2 with respect to a $200.00 building permit fee refund request from the MLA for the construction of a tent at the MLA Bi-Annual Antique Boat Show.

Carried c. Administration

Chair Kruckel and Vice Chair McTaggart

1. Report from the Development Services Coordinator Re: Monthly Activity Report. A copy of the report is attached.

The Development Services Coordinator and Septic System Building Inspector answered questions in regard to the building department monthly activities including septic re-inspections and building permit statistics.

2. Report from the Clerk Re: License Agreement Application for an existing

encroachment of a frame cottage - BARATTA - 2-14-008. A copy of the report is attached.

The Clerk introduced the application for Committee.

Resolution Number COW-3-16/09/14 Councillor Furniss - Councillor Edwards: Be it resolved that Committee of the Whole recommend to Township Council that tentative approval be given for the renewal of a license agreement for an existing encroachment of a framed dwelling situated on an Original Road Allowance lying between Lots 5 and 6, Concession 7 (Watt) designated as Part 4 on 35R-10675 with Angelo Baratta (2-14-008) subject


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to the conditions provided in Township Council Policy C-LS-07 for License Agreements.

Carried 7. Community a. Delegations and Petitions

1. Ted Carruthers and John Newton, Port Carling Curling Club, attended the meeting at 9:30 a.m. Re: Support for 2014-2015 Annual and Capital Fundraising Needs.

John Newton delegated on behalf of the Port Carling Curling Club to request 2014 financial support from the Township in the amount of $5,000.00 to assist with their $10,000.00 funding needs.

Committee requested a staff report in this regard. The Curling Club was also requested to submit a formal written request to the Township for consideration.

b. Community and Volunteerism

Chair Baranik and Vice Chair Kruckel

1. Community Events Update.

Councillor Baranik provided a list of upcoming events for Committee.

2. Report from the Community Economic Development Coordinator Re: Brian Orser 2015 Skate School. A copy of the report is attached.

The Community Economic Development Coordinator highlighted the report for Committee.

Committee requested a future staff report with respect to investigating upgrades to the ice making equipment system at the Port Carling Arena.

Resolution Number COW-5-16/09/14 Councillor Nishikawa - Councillor McTaggart: Be it resolved that Committee of the Whole recommend to Township Council that the use of the Port Carling Arena be approved for the 2015 Skating School at the 2015 adult ice rental rate and that the contract include the wording “The renter acknowledges that ice-making equipment is undersized therefore unforeseen weather conditions could result in the production of insufficient ice” and further that Council waive rental fees for the 2015 Gala Demonstration and VIP reception at the Port Carling Arena and Port Carling Memorial Community Centre.

Carried


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3. Report from the Community Economic Development Coordinator Re: Volunteer Appreciation Night. A copy of the report is attached.

The Community Economic Development Coordinator updated Committee on the progress of plans for the Township Volunteer Appreciation Night. It was the consensus of Committee that all volunteers in the community be invited to the event to be held on Tuesday October 7, 2014 from 7:00 p.m. until 9:00 p.m.

c. Emergency Management

Chair McTaggart and Vice Chair Edwards

1. Report from the Fire Chief Re: Monthly Activity Report. A copy of the report is attached.

The Fire Chief answered questions for Committee and noted that Fire Prevention week is October 6 to 10, 2014.

2. Report from the Fire Chief Re: Parking by-law with administrative amendment. A copy

of the report is attached.

The Fire Chief introduced the report and answered questions for Committee.

Committee discussed the parking by-law with regard to overnight parking in municipal lots and long term parking of commercial vehicles in lots. A discussion was held with respect to election signage and the upcoming Bala Cranberry Festival.

Resolution Number COW-6-16/09/14 Councillor Kruckel - Councillor Furniss: Be it resolved that Committee of the Whole recommend to Township Council that Section 5 of the Township of Muskoka Lakes By-Law 91-67 be amended as follows: REMOVING AND IMPOUNDING VEHICLE The Municipal Law Enforcement Officer under the authority of Section 170 (13) of the Highway Traffic Act R.S.O. 1990, Chapter H.8 and under the authority of Section 101 (2) and Section 102 (2) of the Municipal Act 2001 S.O. Chapter 25 may upon discovery of any vehicle found in contravention of this by-law can cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. Carried Resolution Number COW-7-16/09/14 Councillor Edwards - Councillor Kruckel: Be it resolved that Committee of the Whole recommend to Township Council to forward a recommendation to the District of Muskoka to amend the District Parking By-Law 89-55 to include the


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provisions of removing and impounding of vehicles in contravention of the Parking By-Law.

Carried

d. Parks, Trails and Libraries

Chair Nishikawa and Vice Chair Brent

1. None 8. Visioning and Economic Development a. Delegations and Petitions

1. None b. Visioning

Chair Murphy and Vice Chair Harding

1. None

c. Economic Development and Communications Chair Harding and Vice Chair Baranik

1. Report from the Community Economic Development Coordinator Re: Monthly Activity

Report. A copy of the report is attached.

There were no questions or comments in this regard.

2. Report from the Community Economic Development Coordinator Re: Trek to Bethlehem. A copy of the report is attached.

Resolution Number COW-8-16/09/14 Councillor Kruckel - Councillor Furniss: Be it resolved that Committee of the Whole recommend to Township Council that a by-law be given three-readings at the October 17, 2014 Council meeting to authorize the temporary road closures for the 2014 Trek to Bethlehem on Saturday December 6, 2014; And further that the Township has not objection to the turning off the requested street lights for the 2014 event. And further that Township has no objection to waiving the fees associated with the arena rental or community centre if required.

Carried


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3. Report from the Community Economic Development Coordinator Re: Santa Claus

Parade. A copy of the report is attached.

Resolution Number COW-9-16/09/14 Councillor Baranik - Councillor Brent: Be it resolved that Committee of the Whole recommend to Township Council that three readings be given to a by-law at the next regular meeting of Council, to authorize the temporary closure of a portion of Bailey Street (Port Carling) from 6:00 p.m. to 7:00 p.m. on Saturday November 22, 2014 for the Port Carling Santa Claus Parade.

Carried

Resolution Number COW-10-16/09/14 Councillor Kruckel - Councillor Furniss: Be it resolved that Committee of the Whole recommend to Township Council that there are no objections to the temporary closure of portions of Maple Street and Joseph Street by the District Municipality of Muskoka for the 2014 Port Carling Santa Claus Parade.

Carried 9. New and Unfinished Business

a. Consideration of a resolution Re: Welfare of Honeybees

Resolution Number COW-12-16/09/14 Councillor Baranik - Councillor Edwards: Be it resolved that Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes support the resolution passed by the Council of the Town of Grand Valley on June 24, 2014, requesting the Ontario Ministry of Agriculture and Food to impose an immediate ban on the use of neonicotinoids which has a link to the decline in the bee population.

Carried


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b. District Municipality of Muskoka Updates. This item was deferred at the September 12, 2014 Council meeting. The following District updates were provided: ‐ Councillor Edwards – District Planning and Economic Development Committee report

included: nursing station initiatives and web mapping updates. ‐ Councillor Nishikawa – District Community Services Committee report included: Pay it

Forward initiative recognition, community homeless program, wellness initiative, nursing station initiative and the Attainable Housing forum.

‐ Councillor Harding – District Engineering and Public Works Committee report

included: contract awards, active transportation initiatives and criteria for District roads.

‐ Mayor Murphy – District Corporate and Emergency Services Committee report included; OPP billing model and continuous improvement project initiative.

c. Bala Falls Hydro Plant Design Committee

Committee requested the Interim CAO to contact Swift River Energy Limited in regard to the Bala Falls Hydro Plan Design Committee to confirm the establishment of the Committee and the consultation process.

10. Committee in Closed Session

Prior to proceeding into closed session, Councillor Nishikawa requested that personal matters about an identifiable individual, including municipal or local board employees be included as part of closed session.

a. Committee of the Whole in Closed Session was held for proposed or pending acquisition of

land by the municipality or local board, and personal matters about an identifiable individual, including municipal or local board employees pursuant to Section 239(2) of the Municipal Act, 2001.

Resolution Number COW-13-16/09/14 Councillor Baranik - Councillor Nishikawa: Be it resolved that Committee of the Whole Closed Session convene at 11:52 a.m. for proposed or pending acquisition or disposition of land by the municipality or local board, and personal matters about an identifiable individual, including municipal or local board employees pursuant to Section 239 (2) of the Municipal Act, 2001.

Carried

Councillor Burgess left the meeting at 1:16 pm.


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Resolution Number COW-14-16/09/14 Councillor Nishikawa - Councillor Baranik: Be it resolved that Closed Session reconvene as Committee of the Whole at 1:26 p.m. to report on matters arising from Closed Session.

Carried There was no report to Committee of the Whole arising from Closed Session. 11. Adjournment

a. Consideration of a resolution to adjourn.

Resolution Number COW-15-16/09/14 Councillor Harding - Councillor Brent: Be it resolved that this meeting adjourn at 1:27 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday, October 21, 2014 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling.

Carried

Mayor Alice Murphy, Chair Cheryl Mortimer, Clerk


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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014

SUBJECT: PUBLIC WORKS MONTHLY ACTIVITY REPORT

RECOMMENDATION: THAT the Committee of the Whole receive this report for

information purposes.

APPROVALS: Date Signature Submitted By: Jason Krynicki

Director of Public Works 14/10/16 Original signed by J Krynicki

Approved By: Clayton Harris, Interim CAO 14/10/16 Original signed by C Harris

ORIGIN:

This monthly report provides an overview of departmental activity that may be of interest to members of the Committee and their constituents.

ACTIVITY SUMMARY:

Transportation Infrastructure Department

This Department is charged with caring for approximately 380km of Township highways, 23 major structures (bridges & large culverts), and also acts as maintenance contractor for 130km of District highways. Road repairs are underway in the Hekkla and Foot’s Bay areas after an extraordinary rain storm on Sunday September 21. This event destroyed many roads and drainage structures and will result in the Roads Department exceeding its Operating Budget. The extent to which it will be over budget is yet to be confirmed. Staff are reviewing the 2014 Operating and Capital Budget to identify work which may be deferred.

Report from the Director of Public Works Re: Monthly

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Public Works is always in close contact with our neighbouring Municipalities to coordinate work, and share equipment and materials. This relationship aided us once again, in responding to this weather event. All compromised roads should be fit for travel by the week of October 17. As equipment becomes available it is being equipped for winter maintenance activities. Fall roadside brushing is underway in some areas. This is necessary so as to improve sight lines, and keep branches from striking vehicles, especially school buses. Parks, Trails & Cemeteries Maintenance Department The Parks Department is responsible for the maintenance of 12 cemeteries, 18 parks/beaches, 37 public dock sites, and aids in the inspection & maintenance of recreational trails. Preparations for the winter season have begun: some of the tasks to be undertaken include removal of docks, and furniture. Building Maintenance Department This Department is comprised of 2 operators that are responsible for the good repair of Township buildings and docks/wharves. Preparations for the winter season have begun; some of the tasks to be undertaken include winterizing of buildings and water systems. Property Former landfill sites are in the process of being transferred to the District of Muskoka. A complete report on this topic will be forthcoming to Committee of the Whole. Corporate We continue to work closely with the Bylaw Department, the Planning Department and the Office of the CAO on several property rights (Township property), encroachment, and public nuisance issues.

Report from the Director of Public Works Re: Monthly

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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: DISTRICT RESPONSIBILITY FOR WASTE MNANGEMENET

FACILITIES CLOSED PRIOR TO THE DISTRICT’S ASSUMPTION OF WASTE MANAGEMENT POWERS

RECOMMENDATION: THAT the Township of Muskoka Lakes transfer ownership of all

former landfill; AND THAT the Township of Muskoka Lakes enters into an

agreement with the District of Muskoka to recoup all costs associated with remediation of these sites thus far.

APPROVALS: Date Signature Submitted By: Jason Krynicki

Director of Public Works Oct 14/14 Original signed by J Krynicki

Approved By: Clayton Harris, Interim CAO Oct 14/14 Original signed by C Harris

ORIGIN:

District of Muskoka

BACKGROUND:

In 2011 the Ministry of Environment undertook inspections of closed landfill sites and as a result issued orders on many. The Township had undertaken work to comply with these orders until the District of Muskoka accepted responsibility for all municipal waste management sites within Muskoka, including those closed prior to January 1, 1996 (District Municipality of Muskoka Report PW-6-2014-1, attached).

Report from the Director of Public Works Re: District

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It is recommended that the Township of Muskoka Lakes transfer ownership of these sites to the District of Muskoka and recoup incurred costs for compliance to the MOE orders. The following is a list of sites in the Township of Muskoka Lakes that was provided by the MOE:

Municipal Address Legal Description 169 Medora Ward Lot 16 Conc. 1 1391 Highway 118 Watt Ward Lot 31 Conc. 4 Muskoka Road 25 West Watt Ward Lot 22 Conc. 7 Highway 4 Watt Ward Lot 25 Conc. 8 Buck Eye Road Medora Ward Lot 3 Conc. 10 Small road off Highway 7 Medora Ward Lot 16 Conc. 12 Rosseau Lake Road 3 Watt Ward Lot 32 Conc. 14 N/A Watt Ward Lot 28 Conc. 8

With regard to the 169 location, the Township has developed an approved remediation plan. This plan will be forwarded to the District when the transfer occurs. Incurred costs are as follows: Legal $669.86 Remediation $4,068.18 Consulting – Remediation Plan $38,264.40 Total $43,002.44 FINANCIAL: The District of Muskoka Legal Department will undertake the ownership transfers.


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THE DISTRICT MUNICIPALITY OF MUSKOKA

SPECIAL ENGINEERING AND PUBLIC WORKS COMMITTEE

MEETING NO. PW-6-2014 PLACE: Council Chamber, District Administration Building TIME: 9:00 a.m. DATE: June 6, 2014 PRESENT: Committee Chair B. Colhoun; District Chair J. Klinck;

Members L. Braid, P. Harding, B. Lacroix, B. Thompson ABSENT: Member S. Young OFFICIALS PRESENT: M. Duben, Chief Administrative Officer; T. White, Commissioner of

Engineering and Public Works; J. Stevens, Commissioner of Finance and Corporate Services; J. Clow, District Solicitor

ALSO PRESENT: Councillors S. Baker, S. Cairns, C. Doughty, A. Murphy, B. Young;

A. Back, Deputy Clerk CALL TO ORDER Committee Chair Colhoun called the meeting to order at 9:03 a.m. DECLARATION OF PECUNIARY INTERESTS None were declared. ENVIRONMENT a) District Responsibility for Waste Management Facilities Closed

Prior to the District’s Assumption of Waste Management Powers Report No. PW-6-2014-1 Mr. White highlighted his report and provided an in-depth history about the operations of landfill sites in Muskoka. Committee Chair Colhoun introduced the following motion:

“Moved by P. Harding and seconded by L. Braid R65/2014-PW

WHEREAS the Council of the Town of Huntsville has recently passed two resolutions numbered 165-14 and 202-14 regarding responsibility for waste management sites in general and for the former Chaffey landfill site in particular;


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AND WHEREAS by resolution 165-14 the Town Council has requested that the District of Muskoka assume responsibility for all waste management sites within the Town of Huntsville as expeditiously as possible; AND WHEREAS by resolution 202-14 the Town Council has resolved to enter into an agreement with the District to transfer ownership of the Chaffey landfill site to the District; AND WHEREAS by resolution 202-14 the Town Council has also resolved to enter into an agreement with the District to recoup all costs incurred by the Town regarding the Chaffey Landfill since January 1, 1996, being the date that all waste management powers were assumed by the District; AND WHEREAS all of Muskoka’s municipalities have an interest in the management of waste management facilities that were closed prior to January 1, 1996; NOW THEREFORE BE IT RESOLVED THAT the District ASSUME RESPONSIBILITY for all municipal waste management sites within Muskoka, including those sites closed prior to January 1, 1996, provided that the municipality holding title to the site prior to that date could not reasonably have known of any non-compliance with regulatory requirements; AND THAT title to all municipal waste management sites within Muskoka, including those closed prior to January 1, 1996, BE TRANSFERRED to the District as soon as possible; AND THAT subject to the said transfer of title and the full disclosure by the Town of Huntsville of all pertinent information, the District ASSUME RESPONSIBILITY for resolving the current compliance issues at the Chaffey landfill site, with the net costs of such resolution being shared equally between the Town and the District; AND THAT the District Chair write to the Minister of the Environment as soon as he or she is appointed following the provincial election on June 12, 2014, to REQUEST that the Ministry contribute financially towards the cost of remediating the Chaffey landfill;


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AND FURTHER THAT appropriate ALLOCATIONS BE MADE in the 2015 Rate Supported Capital Budget and Forecast in respect of the work required to remediate the Chaffey landfill and to undertake condition assessments of municipal waste management sites closed prior to January 1, 1996, which allocations are to be financed from the Solid Waste Reserve Fund.”

A lengthy discussion occurred regarding ownership of landfill sites (both active and closed); implications of District By-law 95-56 (assumption of waste management powers); and the Ministry of the Environment’s responsibility concerning landfill closures.

The Committee reconvened at 10:35 a.m. and several amending motions were introduced.

Moved by B. Lacroix and seconded by J. Klinck R66/2014-PW

THAT Paragraph 6 of Motion No. R65/2014-PW be amended by the deletion of “, provided that the municipality holding title to the site prior to that date could not reasonably have known of any non-compliance with regulatory requirements;”.

Carried.

Moved by J. Klinck and seconded by B. Lacroix R67/2014-PW

THAT Paragraph 7 of Motion No. R65/2014-PW be deleted.

Carried.

Moved by L. Braid and seconded by J. Klinck R68/2014-PW

THAT Paragraph 8 of Motion No. R65/2014-PW be amended by the deletion of “shared equally between the Town and the District;” and substituted with “met by the District, excluding any such amounts having been paid by the Town of Huntsville.”

Carried.

Moved by P. Harding and seconded by L. Braid R69/2014-PW

THAT Motion No. R65/2014-PW be amended by the addition of the following, to appear after paragraph 6:


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“AND THAT title to the Chaffey landfill site be transferred to the District as soon as possible;”

Carried.

The Committee then considered the original motion, as amended, as follows:

Moved by P. Harding and seconded by L. Braid R65/2014-PW

WHEREAS the Council of the Town of Huntsville has recently passed two resolutions numbered 165-14 and 202-14 regarding responsibility for waste management sites in general and for the former Chaffey landfill site in particular; AND WHEREAS by resolution 165-14 the Town Council has requested that the District of Muskoka assume responsibility for all waste management sites within the Town of Huntsville as expeditiously as possible; AND WHEREAS by resolution 202-14 the Town Council has resolved to enter into an agreement with the District to transfer ownership of the Chaffey landfill site to the District; AND WHEREAS by resolution 202-14 the Town Council has also resolved to enter into an agreement with the District to recoup all costs incurred by the Town regarding the Chaffey Landfill since January 1, 1996, being the date that all waste management powers were assumed by the District; AND WHEREAS all of Muskoka’s municipalities have an interest in the management of waste management facilities that were closed prior to January 1, 1996; NOW THEREFORE BE IT RESOLVED THAT the District ASSUME RESPONSIBILITY for all municipal waste management sites within Muskoka, including those sites closed prior to January 1, 1996; AND THAT title to the Chaffey landfill site be transferred to the District as soon as possible; AND THAT subject to the said transfer of title and the full disclosure by the Town of Huntsville of all pertinent information, the District ASSUME RESPONSIBILITY for resolving the current


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compliance issues at the Chaffey landfill site, with the new costs of such resolution being met by the District excluding any such amounts having been paid by the Town of Huntsville; AND THAT the District Chair write to the Minister of the Environment as soon as he or she is appointed following the provincial election of June 12, 2014, to REQUEST that the Ministry contribute financially towards the cost of remediating the Chaffey landfill; AND FURTHER THAT appropriate ALLOCATIONS BE MADE in the 2015 Rate Supported Capital Budget and Forecast in respect of the work required to remediate the Chaffey landfill and to undertake condition assessments of municipal waste management sites closed prior to January 1, 1996, which allocations are to be financed from the Solid Waste Reserve Fund.

Carried. ADJOURNMENT

Moved by L. Braid and seconded by B. Lacroix P70/2014-PW

THAT the Engineering and Public Works Committee adjourns to meet again on Wednesday, June 18, 2014 at 9:00 a.m., or at the call of the Chair.

Carried. The meeting adjourned at 11:11 a.m. ________________________________ Deputy Clerk


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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: June 6, 2014 SUBJECT: District Responsibility For Waste Management Facilities Closed

Prior To The District’s Assumption Of Waste Management Powers REPORT NO: PW-6-2014-1 ___________________________________________________________________________ RECOMMENDATION WHEREAS the Council of the Town of Huntsville has recently passed two resolutions numbered 165-14 and 202-14 regarding responsibility for waste management sites in general and for the former Chaffey landfill site in particular; AND WHEREAS by resolution 165-14 the Town Council has requested that the District of Muskoka assume responsibility for all waste management sites within the Town of Huntsville as expeditiously as possible; AND WHEREAS by resolution 202-14 the Town Council has resolved to enter into an agreement with the District to transfer ownership of the Chaffey landfill site to the District; AND WHEREAS by resolution 202-14 the Town Council has also resolved to enter into an agreement with the District to recoup all costs incurred by the Town regarding the Chaffey Landfill since January 1, 1996, being the date that all waste management powers were assumed by the District; AND WHEREAS all of Muskoka’s municipalities have an interest in the management of waste management facilities that were closed prior to January 1, 1996; NOW THEREFORE BE IT RESOLVED THAT the District ASSUME RESPONSIBILITY for all municipal waste management sites within Muskoka, including those sites closed prior to January 1, 1996, provided that the municipality holding title to the site prior to that date could not reasonably have known of any non-compliance with regulatory requirements; AND THAT title to all municipal waste management sites within Muskoka, including those closed prior to January 1, 1996, BE TRANSFERRED to the District as soon as possible; AND THAT subject to the said transfer of title and the full disclosure by the Town of Huntsville of all pertinent information, the District ASSUME RESPONSIBILITY for resolving the current compliance issues at the Chaffey landfill site, with the net costs of such resolution being shared equally between the Town and the District;

Page 1 Managing Our Legacy Together


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AND THAT the District Chair write to the Minister of the Environment as soon as he or she is appointed following the provincial election on June 12, 2014, to REQUEST that the Ministry contribute financially towards the cost of remediating the Chaffey landfill; AND FURTHER THAT appropriate ALLOCATIONS BE MADE in the 2015 Rate Supported Capital Budget and Forecast in respect of the work required to remediate the Chaffey landfill and to undertake condition assessments of municipal waste management sites closed prior to January 1, 1996, which allocations are to be finance from the Solid Waste Reserve Fund. ORIGIN Two motions regarding this matter were submitted to District Council for its consideration on May 20, 2014. The two motions are reproduced in Attachment No. 1 and Attachment No. 2 to this report. Both motions were withdrawn with the consent of Council pending referral of the matter to the Engineering and Public Works Committee. The Council of the Town of Huntsville has passed two related resolutions numbered 165-14 and 202-14, both of which are reproduced in Attachment No. 3. BACKROUND The question of the District’s responsibility for facilities that were closed prior to the District’s assumption of waste management powers has risen to prominence as a result of the need to address leachate discharging from the Chaffey landfill site in the Town of Huntsville. The Chaffey landfill commenced operation in the mid 1940s and was closed by the Town in May 1982 after a study undertaken for the Town by Garter Lee Limited in November, 1981 concluded that contamination of nearby surface water was directly attributable to leachate from the landfill. However, it appears that abatement was not deemed to be a priority until about three years ago when proposals to develop nearby properties led to an assessment of the possible impacts of the closed site on the proposed developments. The District had no knowledge of the condition of the site or of its impacts on adjacent lands prior to the completion of these assessments. Inspections of the site were performed by the Ministry of the Environment (MOE) in October, 2011 and October 2012. Both of the ensuing inspection reports required the Town to take certain actions in response to the MOE’s observations. These actions included, but were not limited to, the retention of a professional engineer and/or geoscientist to produce closure and contingency plans to address any issues of non-compliance. In response to the MOE’s requirements, the Town retained Cambium Inc., Consulting and Engineering, which has its head office in Peterborough. At that time, the Town was proceeding on the basis that it was the owner of the site and responsible for responding to the MOE’s demands. The District was not involved and only recently became aware of the work performed and the reports prepared by Cambium on behalf of the Town. Cambium produced a report for the Town dated March 26, 2013 and titled “Abatement Plan Chaffey Landfill Site (Closed)”. Among other things, Cambium concluded that the abatement plan and the related monitoring program would provide additional information that would aid in the understanding of the Site. Cambium went on to suggest that following completion of the 2013 monitoring program, a closure plan should be completed and submitted to the MOE by the end of the year (i.e. December 31, 2013). Cambium later produced a report for the Town dated September 23, 2013 and titled “2013 Annual Monitoring and Assessment Report, Chaffey Landfill (Closed)”. In this report, Cambium noted that there were two general options for remediation of leachate impacts; namely removal of the source of the leachate or capture and treatment of the leachate either on or off-site. Cambium went on to recommend reducing the source of the leachate through the installation of a vegetative cover to limit the infiltration of precipitation into the waste mound, and the construction of a groundwater collection trench up-gradient of the waste mound. Cambium did not offer any cost estimate for this recommendation, but numbers in the $1 million to $2 million range have been mentioned in recent discussions with representatives of the Town of Huntsville.

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Following the receipt of Cambium’s September 23, 2013 report, the Town retained Barriston, LLP, to provide a legal opinion as to “whether or not the assumption of waste management powers by the District of Muskoka includes responsibility for a waste management site that was closed prior to the passage of the District assumption by-law”. Barriston’s draft opinion was dated January 9, 2014, and an amended draft dated February 7, 2014 was issued before the most recent draft dated April 3, 2014 was produced. The latter draft is included in Attachment No. 4. The Town has since obtained a second opinion from another law firm which has not been shared with the District. The Town is of the view that the District is responsible for the remediation of any problems afflicting landfill sites regardless of their history. This conclusion has prompted the passage of the resolutions contained in Attachment No. 3 and the production of the draft motions in Attachment No. 1 and Attachment No. 2. ANALYSIS Responsibility For Closed Waste Management Facilities In General The first legal opinion obtained by the Town of Huntsville suggests that the assumption of all waste management powers by the District leaves the District with responsibility for all waste management facilities anywhere in Muskoka whether they be open or closed. The Town has advised that the second legal opinion supports the first. These opinions may indeed be an accurate assessment of the situation. However, the long debate and actions of the District and Area Municipalities both before and after the District’s assumption of powers was not focused on the fate of closed landfills, but on the challenges posed by the management of solid waste in the future. The District has not obtained its own legal opinion, and at this juncture it is felt that doing so would not be a productive use of municipal funds. Other two-tier jurisdictions that were grappling with the same issue at around the same time took a “buffet” approach to the problem. That is to say, some powers were assumed and some were not. This approach opened the way to some rather unusual arrangements such as the upper tier having certain powers in some municipalities but not in others, and/or a division of powers that made it difficult to adopt policies at one tier without adversely affecting services under the jurisdiction of the other tier. However, the point is that all of these discussions about the distribution of powers related to the future, not to the past. Typically, debates at District Council and its committees revolved around the question of which tier would have the power to collect garbage, the power to collect recyclables, the power to dispose of garbage, the power to process and market recyclables, the power to implement new measures such as diversion of kitchen organics, management of hazardous and special waste, etc. In the end, it was decided that responsibility for all of these waste management powers should lie with the District. Little, if any, attention was paid to the question of responsibility for dealing with closed landfills, the locations of many of which were not even known. The question of who would be responsible for waste management facilities that were no longer in use was addressed only in an oblique way when compensation for Area Municipal assets was considered. Consequently, it would not be unreasonable to conclude that Council’s decision to “assume all waste management powers” was intended to be a “go forward” position. This interpretation is supported by the fact that the District agreed to compensate the Area Municipalities for their disposal assets minus the value of any known liabilities. It was always accepted that the District would be responsible for future liabilities including closure and perpetual care of the then active landfill sites. Indeed, this was cited as one of the main benefits of District jurisdiction. However, the fact that the compensation was to be net of the value of liabilities suggests that responsibilities for liabilities relating to conditions that pre-dated the District’s assumption of jurisdiction would be the responsibility of the respective owners. Today, most people in or on the periphery of the solid waste management business see it as presenting challenges that lend themselves more readily to resolution by upper tier municipalities. In pre-1996 Muskoka, those challenges were quite significant, with one municipality having nowhere to dispose of its waste, two more rapidly approaching the same situation, and all six dealing with varying degrees of non-


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compliance with environmental rules. There is no doubt that District jurisdiction was pursued because the elected officials of the day felt that the District would be best placed to deal with major problems relating to solid waste management. As noted above, responsibility for closed sites was not given a great deal of consideration leading up to the assumption of powers by the District. It is also worthwhile to note that prior to assuming waste management powers, the District had a history of assisting Area Municipalities with waste management issues and other environmental problems. For example, the District contributed towards the cost of managing contamination problems at the Eveleigh landfill in the Township of Muskoka Lakes and the purchase of buffer lands for the Beiers Road landfill in Gravenhurst. The District also paid to clean up problems with a gravel pit that contaminated the Hoc Roc River in Gravenhurst, as well as the extension of municipal water services to properties impacted by the Rosewarne landfill in Bracebridge, and the construction of water treatment works to replace the related water supplies. In short, regardless of any legal opinions, there are some persuasive policy arguments as well as a number of precedents for the District’s involvement in the resolution of intractable environmental problems, including several relating to waste management facilities. This is entirely consistent with the vision developed for the District by Donald Paterson in his reports that preceded the creation of The District Municipality Of Muskoka. (“Along with planning, pollution control is probably the most important need facing Muskoka” – Donald M. Paterson, Muskoka District Local Government Review,1969). On balance, it is felt that the arguments in favour of the District assuming responsibility for closed waste management facilities outweigh those against. Therefore, it is recommended that as a general principle, the District should accept at least a measure of responsibility for addressing problems associated with closed facilities. However, as noted below, acceptance of responsibility for remediation of a specific facility should take into account the history of the facility. For example, a landfill site that exhibits problems in 2014, having never shown any previous signs of trouble, may warrant a different approach from a site that had known problems prior to the District’s assumption of waste management powers. Regardless of the circumstances, it would be appropriate for the District to take title to these sites in order to have control over their management and any remedial work. Responsibility For The Closed Chaffey Landfill If the recommendation to accept responsibility for closed facilities is accepted in principle, one approach to the Chaffey landfill would be to simply grant the requests of the Town of Huntsville as set out in the resolutions included in Attachment No. 3. Had there been no attempt to compensate the Area Municipalities for their assets net of liabilities when the District assumed waste management powers, this might well have been seen as the only reasonable path forward. With or without compensation, had the Town not been aware of the problems afflicting the Chaffey site at the time of the District’s assumption of powers, this might still be considered to be the only reasonable approach. However, the District did compensate the Town for its assets, and although the Town was aware of the problems with the Chaffey site at the time (and for a significant period prior to that time) the problems were not accounted for in the final compensation calculation. As previously noted, in a report to the Town dated November, 1981, Gartner Lee Limited advised that contamination of nearby surface water was directly attributable to leachate from the landfill. Six months later, the site was closed. The work carried out or recommended by Cambium in 2012 and 2013 has striking similarities to the follow-up work recommended in 1981 by Gartner Lee, which, as far as is known, was never performed. It is quite reasonable to assume that had that work been completed in the early 1980s, the conclusions reached and the recommendations for remedial work would have been similar to those of Cambium more than thirty years later. Therefore, it would be fair to say that a substantial liability either should have been addressed prior to 1996 or, at least, identified and incorporated into the calculation of compensation payable to the Town at that time. It is worthwhile to note that despite similarities between the work of Gartner Lee and Cambium, there may well be differences in the scale, type and inflation adjusted cost of remedial measures required in 2014 compared to those that might have been pursued in 1981. In short, three different numbers may emerge from an estimate of the cost of remediation that might have been implemented in 1981; any estimate of

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the unaddressed liability that might have been made in 1996, and the actual cost of addressing the problems in 2014. Obviously, the only number that means anything today is the present day cost of remediation which is likely to be significantly higher in real terms than it was prior to 1996. Also, if control of the remedial works and the related decisions respecting the work to be done is to be handed over to the District, it may be unreasonable to expect the Town to simply pay the bills as they come in after having had no influence over the related expenditures. All of the above points to a sharing of the present day cost of remediation between the Town and the District as a fair and reasonable outcome. The apportionment of those costs may be the subject of further discussion, but in the absence of any compelling rationale for a different ratio, an equal share of the net cost is suggested for each party. The term “net cost” is used deliberately as there is a third party involved in the story of the Chaffey landfill to which an appeal should be made for a contribution towards the cost of resolving the current problems. This third party is, of course, the MOE, which presided over the approval, monitoring and inspection of the landfill before abandoning the pursuit of abatement measures in the 1980s, only to become reinvigorated some thirty years later. In summary, it is recommended that the Town’s request for an agreement that ownership of the Chaffey landfill site be transferred to the District be granted. It is further recommended that the Town’s request for a separate agreement regarding the costs incurred by the Town since January 1, 1996, be granted based on the premise that the net cost of remediating problems that were known to the Town at that time be shared on an equal basis between the Town and the District. This cost sharing arrangement would be conditional upon the District taking title to the landfill site as requested by the Town and on the full disclosure of all information pertaining to the site. It is expected that significant expenditures on remedial works will not be required until 2015. Therefore, it is recommended that the appropriate budget allocations be made in the 2015 Rate Supported Capital Budget and Forecast. However, some expenditures will be required in 2014 to support the continuation of the ongoing monitoring and assessment of the site as recommended by Cambium in September, 2013. Other Closed Waste Management Facilities In 2010, the MOE produced an inventory of known closed waste management facilities in Muskoka. The inventory included facilities such as transfer stations, waste and stump dumps, both private and municipal. Attachment No. 5 contains information extracted from this inventory. Specifically, Attachment No. 5 is a list of all sites recorded by the MOE within each municipality excluding any for which private owners were identified and excluding any being operated by the District at the time that the inventory was compiled. It is important to note that sites for which the owner is marked “N/A” may not be municipal responsibilities at all. The MOE has not issued any orders in respect of any of the sites listed in Attachment No. 5. However, it is not inconceivable that work might be required on one or more of the sites in the future. If the District is to accept full or partial responsibility for any deficiencies identified in the future, then appropriate amounts for possible remediation, closure and post-closure costs need to be noted in the District’s financial statements. This will require at least a cursory assessment of each of the sites, and it is recommended that a minimum budget allocation of $50,000 be made for this purpose in the 2015 Rate Supported Capital Budget and Forecast. Until this assessment is completed, it will be difficult even to speculate on what amount might be appropriate for possible remediation, closure and post-closure costs. However, an initial allowance of $1 million to cover all sites is suggested. FINANCIAL CONSIDERATIONS A minimum of $50,000 will be required for the assessment of municipal waste management sites closed prior to January 1, 1996. In the absence of any other more detailed cost estimates, it is assumed that $1,500,000 will be required to remediate the Chaffey landfill site. In addition, as required by the Public Sector Accounting Board, the District’s financial plans must incorporate a reasonable amount for possible remediation, closure and post-closure costs for all landfill sites. As noted above, a preliminary amount of $1,000,000 is suggested.


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With the exception of the currently required remedial works at the Chaffey landfill, it is recommended that these expenses be financed from the Solid Waste Reserve Fund. The remedial works for the Chaffey site should be financed from several sources including the Solid Waste Reserve Fund an<~ contributions from the Town of Huntsville and the Ministry of the Environment. Details of the status and projections for the future of the Solid Waste Management Fund may be found on page 4 of Appendix "B" of the 2014 Solid Waste Management Budget.

It is worthwhile to note that the 2014 and 2015 installments of $437,500 per year for compensation for the Town's assets net of liabilities have yet to be processed. Rather than make these payments only to recover all or part of them by way of contributions towards the cost of remediating the Chaffey landfill, it may be easier to use the amounts due as a set-off against these expenses.

STRATEGIC PRIORITIES

The preceding recommendation supports the following strategies included in the District's Strategic Priorities document:

9.1 Maintain a close and effective working relationship between Muskoka and all Area Councils and administrations. Work collectively for the betterment of Muskoka.

9.2 Approach senior levels of government on matters of common interest with a consolidated and effective position.

9.4 Advocate for Muskoka with senior levels of government and outside agencies.

COMMUNICATIONS

Any decisions taken by the Committee in respect of this matter will be communicated to the Area Municipalities following adoption of the decisions by District Council.

Respectfully submitted,

A.J. White, P.Eng. ~:ltirot-r.:n::rM"Tiu"'i"h.>e'n, B.A., LL.B. Commissioner of Engineering and Public Works Chief Administrative Officer

AJW:14report\6sldwst1.doc

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Attachment No. 1

Draft Motion No. 1 Submitted To District Council On May 20, 2014* WHEREAS on June 12, 1995, the District of Muskoka passed By-law No. 95-56 “A by-law to assume waste management powers in the District of Muskoka”; AND WHEREAS Section 149 of the Regional Municipalities Act (which was in force up until its repeal on January 1, 2003) defines “waste management power” as “any power conferred by any general or special Act on area municipalities or local boards thereof related to the establishment, maintenance and operation of a waste management system as defined in section 208.1 of the Municipal Act”; AND WHEREAS Section 208.1(1) of the Municipal Act R.S.O. 1990, c. M. 45, defines “waste management system” as “facilities and services owned, operated or controlled by a municipality for the management of waste, including the collection, removal, transfer, processing, storage, reduction, reuse, recycling and disposal of the waste; AND WHEREAS Section 151(1)(a) of the Regional Municipalities Act provides that when a by-law passed under section 150 comes into effect, the Regional Corporation has all the powers conferred by any general or special Act upon the participating area municipalities or local boards thereof related to the waste management powers assumed by the Regional Corporation; AND WHEREAS Section 153(1) of the Regional Municipalities Act provides that all rights and obligations and all assets and liabilities of a participating area municipality or local board thereof pertaining to or primarily used in connection with the waste management powers assumed by the Regional Corporation are vested in the Regional Corporation; AND WHEREAS through discussions between the Town of Huntsville and the District of Muskoka there appears to be a difference of opinion with respect to “ownership and responsibility” of the Chaffey Landfill Site in the Town of Huntsville; AND WHEREAS the Town of Huntsville has obtained two legal opinions regarding this matter, which have been provided to the District of Muskoka; AND WHEREAS both legal opinions confirm that the District of Muskoka assumed all waste management powers on June 12, 1995 as confirmed by By-law 95-56 and therefore the District of Muskoka is responsible for all waste management sites in the Town of Huntsville; AND WHEREAS the District of Muskoka has been acting as a “lessor” of the Chaffey Landfill Site property since By-law 95-56 was passed on June 12, 1995. Such actions can only be taken by an owner of the property; THEREFORE, BE IT RESOLVED THAT the District Municipality of Muskoka exercise their waste management powers assumed by them on June 12, 1995 by confirming their ownership of the Chaffey Landfill Site and to immediately take all actions necessary to remediate the site in conjunction with the Ministry of the Environment; AND FURTHER THAT the District of Muskoka forthwith change the name of the registered owner of the property from the Corporation of the Town of Huntsville to The District Municipality of Muskoka. *This motion was withdrawn by the mover and seconder with the consent of District Council based on the expectation that the matter would be referred to the Engineering and Public Works Committee in time for any decision of the committee to be considered by District Council on June 16, 2014.

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Attachment No. 2

Draft Motion No. 2 Submitted To District Council On May 20, 2014* WHEREAS on June 12, 1995, the District of Muskoka passed By-law No. 95-56 “A by-law to assume waste management powers in the District of Muskoka”; AND WHEREAS Section 149 of the Regional Municipalities Act (which was in force up until its repeal on January 1, 2003) defines “waste management power” as “any power conferred by any general or special Act on area municipalities or local boards thereof related to the establishment, maintenance and operation of a waste management system as defined in section 208.1 of the Municipal Act”; AND WHEREAS Section 208.1(1) of the Municipal Act R.S.O. 1990, c. M. 45, defines “waste management system” as “facilities and services owned, operated or controlled by a municipality for the management of waste, including the collection, removal, transfer, processing, storage, reduction, reuse, recycling and disposal of the waste; AND WHEREAS Section 151(1)(a) of the Regional Municipalities Act provides that when a by-law passed under section 150 comes into effect, the Regional Corporation has all the powers conferred by any general or special Act upon the participating area municipalities or local boards thereof related to the waste management powers assumed by the Regional Corporation; AND WHEREAS Section 153(1) of the Regional Municipalities Act provides that all rights and obligations and all assets and liabilities of a participating area municipality or local board thereof pertaining to or primarily used in connection with the waste management powers assumed by the Regional Corporation are vested in the Regional Corporation; AND WHEREAS through discussions between the Town of Huntsville and the District of Muskoka there appears to be a difference of opinion with respect to “ownership and responsibility” of the Chaffey Landfill Site in the Town of Huntsville; AND WHEREAS the Town of Huntsville has obtained two legal opinions regarding this matter, which have been provided to the District of Muskoka; AND WHEREAS both legal opinions confirm that the District of Muskoka assumed all waste management powers on June 12, 1995 as confirmed by By-law 95-56 and therefore the District of Muskoka is responsible for all waste management sites in the Town of Huntsville; AND WHEREAS the District of Muskoka has been acting as a “lessor” of the Chaffey Landfill Site property since By-law 95-56 was passed on June 12, 1995. Such actions can only be taken by an owner of the property; THEREFORE, BE IT RESOLVED THAT given the divergence of positions between the Town of Huntsville and the District of Muskoka regarding this matter, that the matter be referred to binding arbitration in order to resolve the matter as fairly, expeditiously and economically as possible. *This motion was withdrawn by the mover and seconder with the consent of District Council based on the expectation that the matter would be referred to the Engineering and Public Works Committee in time for any decision of the committee to be considered by District Council on June 16, 2014.

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Attachment No. 3

Recent Resolutions Of The Council Of The Town Of Huntsville Regarding The Former Chaffey Landfill Site

Resolution 165-14 Of The Council Of The Town Of Huntsville – April 28, 2014

WHEREAS: District By-law 95-56, a By-law to assume waste management powers in the District of Muskoka was passed on June 12, 1995; AND WHEREAS: As per legal advice received, it is the opinion of the Town of Huntsville that the District of Muskoka assumed all waste management powers effective January 1, 1996; THEREFORE, BE IT RESOLVED THAT: Council requests that the District of Muskoka assume responsibility for all waste management sites within the Town of Huntsville as expeditiously as possible.

Resolution 202-14 Of The Council Of The Town Of Huntsville – May 26, 2014

WHEREAS: District of Muskoka By-law 95-56, a By-law to Assume Waste Management Powers in the District was adopted on June 12, 1995, and effective January 1, 1996, which included responsibility for all services and facilities owned, operated or controlled by the Town for the management of waste, irrespective of whether the facilities consisted of an active landfill site or a closed or inactive landfill site; AND WHEREAS: At this time, ownership of the Chaffey Landfill site has not been transferred to the District of Muskoka; NOW THEREFORE, BE IT RESOLVED THAT: The Town of Huntsville enter into an Agreement with the District of Muskoka to transfer said ownership of Chaffey Landfill site in the Town of Huntsville; AND FURTHER THAT: The Town of Huntsville enter into a separate agreement with the District of Muskoka to recoup all costs incurred by the Town regarding the Chaffey Landfill since January 1, 1996; AND FURTHER THAT: The Mayor and Clerk be authorized to sign any necessary documentation.

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Attachment No. 4

Legal Opinion

This Document Is Confidential

Persons authorized to view this document may do so by visiting the District’s FilePro site for Council and Committee Agendas, Minutes and Reports. Please click on “Log In” near the top right corner of the window, enter your user name and password, and navigate to the document as follows: Council and Committee Items Confidential Engineering and Public Works Committee PW-6-2014 – June 6, 2014 PW-6-2014-1 – Town of Huntsville – Assumption of Waste Management Facilities

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Attachment No. 5 Extract From The Muskoka Historic Waste Disposal Site Inventory Produced By The MOE In 2010

Municipality Land Use Close Date Municipal Address Owner Legal Description Bracebridge Transfer Site 1974-12-09 Uffington Road Bracebridge Draper Ward Lot 21 Conc. 4 Bracebridge N/A 1984-10-29 N/A N/A Unknown Ward Lot 3 sw1/4 Conc. 10 Bracebridge Dump 1974,1242 N/A Bracebridge Draper Ward Lot 2 Conc. 13 Bracebridge Dump 1974-09-15 Santa's Village Road Bracebridge Monck Ward Lot 12 Conc. 3 Bracebridge Dump 1974-09-25 Vankoughnet Road Bracebridge Oakley Ward Lot 24 Conc. 5 Bracebridge Landfill 1974-11-15 Uffington Road Bracebridge Draper Ward Lot 21 Conc. 4 Bracebridge Transfer Site N/A Fraserburg Road Bracebridge Draper Ward Lot 13 Conc. 13 Bracebridge Transfer Site 1976-01-13 Draper Transfer Bracebridge Draper Ward Lot 5 Conc. 7+8 Bracebridge Transfer Site N/A Santa's Village Road Bracebridge Monck Ward Lot 12 Conc. 3 Bracebridge Transfer Site N/A Vankoughnet Road Bracebridge Oakley Ward Lot 24 Conc. 5 Bracebridge Transfer Site N/A Muskoka Fails Road Bracebridge Draper Ward Lot 1 Conc. 10 Bracebridge Transfer Site N/A Beaumont Drive Bracebridge Unknown Ward Lot 11 Conc. 13 Bracebridge N/A N/A # 1131 on Highway 118 N/A Draper Ward Lot 3 sw1/4 Conc. 10 Bracebridge N/A N/A N/A N/A Oakley Ward Lot 23 Conc. 4 Bracebridge N/A N/A Uffington Road N/A Draper Ward Lot 21 Conc. 4 Bracebridge N/A 1972-12-31 Ferrier Road N/A Draper Ward Lot 13 Conc. 4 Bracebridge N/A 1972-12-31 Golden Beach Road West N/A Macaulay Ward Lot 2 Conc. 2 Georgian Bay Landfill/Transfer N/A Lone Pine Road Georgian Bay Baxter Ward Lot 27 Conc. 6 Georgian Bay Landfill 1971-09-28 12 mile bay road Georgian Bay Freeman Ward Lot 24 Conc. 3 Huntsville Hazardous Waste N/A Old Muskoka Road North Huntsville Stephenson Ward Lot 33 Conc. 14 Huntsville Landfill N/A Main Street, Brendale Square Huntsville Chaffey Ward Brendale Square Huntsville N/A N/A N/A N/A Chaffey Ward Lot 19 Conc. 8 Huntsville N/A 1972-12-31 N/A N/A Sweet Ward Lot 14 Conc. 10 Lake of Bays Landfill 1980-03-24 Oxtongue Road Lake of Bays Franklin Ward Lot 3 Conc. 8 Lake of Bays Landfill 1975-04-01 North Ril Lake Road Lake of Bays Ridout Ward Lot 26 Conc. 9 Lake of Bays N/A N/A Finlayson Lake of Bays Finlayson Ward Lot 2 Conc. 3 Lake of Bays N/A N/A Road off Muskoka Road 8 Lake of Bays Sinclair Ward Lot 23 Conc. 2 Lake of Bays N/A N/A Muskoka Road 8 Lake of Bays Sinclair Ward Lot 22 Conc. 2 Lake of Bays N/A N/A Put in Bay Road Lake of Bays Franklin Ward Lot 28 Conc. 13 Lake of Bays N/A N/A Brittania Road Lake of Bays Franklin Ward Lot 28 Conc. 9 Lake of Bays N/A N/A 2890 Highway 60 East Lake of Bays Franklin Ward Lot 6 Conc. 8 Lake of Bays N/A N/A Oxtongue Road Lake of Bays Franklin Ward Lot 2 Conc. 8 Lake of Bays N/A N/A Oxtongue Road Lake of Bays Franklin Ward Lot 2 Conc. 8 Lake of Bays N/A 1959 Muskoka Road 9 Lake of Bays Franklin Ward Lot 29 Conc. 5 Lake of Bays N/A N/A Cunnington Lake of Bays Franklin Ward Lot 24 Conc. 4 Lake of Bays N/A N/A Off of Highway 22 Lake of Says Franklin Ward Lot 20 Conc. 4 Lake of Bays N/A N/A Elder Road Lake of Bays Franklin Ward Lot 20 Conc. 4 Lake of Bays N/A N/A Franklin Lake of Bays Franklin Ward Lot 2 Conc. 5 Lake of Bays N/A N/A Franklin Lake of Bays Franklin Ward Lot 4 Conc. 11 Lake of Bays N/A N/A Highway 21 Lake of Bays Franklin Ward Lot 3 Conc. 3 Lake of Bays N/A N/A Seabreeze Road Lake of Bays Franklin Ward Lot 4 Conc. 2 Lake of Bays N/A N/A Delbrooke Road Lake of Bays Franklin Ward Lot 4 Conc. 3 Lake of Bays N/A N/A Paint Lake Road Lake of Bays Ridout Ward Lot 12 Conc. 11 Lake of Bays N/A N/A Ridout Lake of Bays Ridout Ward Lot 24 Conc. 8 Lake of Bays N/A N/A Ridout Lake of Bays Ridout Ward Lot 25 Conc. 8 Lake of Bays N/A N/A Echo Lake Road Lake of Bays McLean Ward Lot 3 Conc. 8 Lake of Bays N/A N/A Franklin Lake of Bays Franklin Ward Lot 28 Conc. 18 Muskoka Lakes N/A 1972-12-31 169 N/A Medora Ward Lot 16 Conc. 1 Muskoka Lakes N/A N/A 1391 Highway 118 N/A Watt Ward Lot 31 Conc. 4 Muskoka Lakes N/A N/A Muskoka Road 25 West N/A Watt Ward Lot 22 Conc. 7 Muskoka Lakes N/A N/A Highway 4 N/A Watt Ward Lot 25 Conc. 8 Muskoka Lakes N/A N/A Buck Eye Road N/A Medora Ward Lot 3 Conc. 10 Muskoka Lakes N/A N/A Small road off Highway 7 N/A Medora Ward Lot 16 Conc. 12 Muskoka Lakes N/A N/A Rosseau Lake Road 3 N/A Watt Ward Lot 32 Conc. 14 Muskoka Lakes N/A N/A N/A Muskoka Lakes Watt Ward Lot 28 Conc. 8 Gravenhurst Dump Site 1975-01-30 Muskoka Road 6 Gravenhurst Ryde Lot 28 Con 5 Gravenhurst Dump Site N/A Canning and Baseline Gravenhurst Morrison Lot 8 Con WMR Gravenhurst Dump Site N/A Coopers Falls Road N/A N/A Gravenhurst Dump Site 1980-11-30 Coopers Falls Road N/A Muskoka Lot 5 Con A Gravenhurst Dump Site 1975-05-05 Canning and Baseline Gravenhurst Morrison Lot 26 Con 3 Gravenhurst Dump Site N/A Reay Road Gravenhurst Muskoka Lot 10 Con 6

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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: Port Carling Curling Club Request – 2014 Financial Assistance RECOMMENDATION: That Committee of the Whole recommend that Township Council

approve Option ______ with respect to a $5,000.00 financial assistance request in 2014 from the Port Carling Curling Club.

APPROVALS: Date Signature

Submitted By: Cheryl Mortimer, Clerk 15/10/14 Original signed by C. Mortimer

Acknowledged: Clayton Harris, Interim CAO 15/10/14 Original signed by C. Harris

SUMMARY: Based on the Port Carling Curling Club request, staff is seeking direction. ORIGIN: A delegation was received from the Port Carling Curling Club at the September

16, 2014 Committee of the Whole meeting. BACKGROUND: Committee will recall that at the September 16, 2014 Committee of the Whole

meeting a delegation was received from the Port Carling Curling Club requesting financial assistance in 2014.

The delegation requested 2014 financial support from the Township in the amount of $5,000.00 to assist with their $10,000.00 funding needs. At that time, the Curling Club was requested to submit a formal written request to the Township for consideration. This has now been received, a copy of which is attached. Committee also requested a staff report in this regard.

The following options are available for Committee’s consideration.

Option 1 Deny the request for financial assistance in 2014.

Option 2 Allocate up to $5,000.00 as a grant to the Port Carling Curling Club in 2014. The grant will be matched dollar for dollar with funds raised by the Club. Funds to be allocated from the Grants to Organizations budget cost centre.

Report from the Clerk Re: Port Carling Curling Club -

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Report Re: Port Carling Curling Club

Option 3 Defer the request to the 2015 Township budget deliberations.

FINANCIAL: The financial impact of this request is $5,000.00. This expense could be allocated from the Grants to Organizations budget cost centre.

The Community Events line item is currently over budget by $1,600.00 with the addition of the following three allocations: The ACT – $1,200.00, the Bala Legion – $200.00 and the MLA – $200.00. There is the potential for the Attainable Housing line item to be under budget as we have not received an application. However, if we do receive one, it will have to be processed.


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COMMITTEE OF THE WHOLE

AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21st, 2014 SUBJECT: DEVELOPMENT SERVICES DEPARTMENT ACTIVITY REPORT Origin:

This monthly report provides an update and overview of departmental activity. Activity Summary It appears the local economy continues to be strong with the number of permits issued in the month of September. The Building Department has been very busy keeping up with the high volume of permit applications and inspection requests. Nick Snyder has recently taken a plumbing course and Curtis Livingstone attended two days of the Ontario Building Officials Association annual training conference. Building Permit Statistics The Building Department issued a total of 139 building permits in the month of September bringing the total number of permits issued this year to 816 giving a construction value of $71,249,769.55. See attached summary for the monthly statistics for August 2014 and a summary of permits issued year to date for your information. /hs

RECOMMENDATION: For Committee’s information only.

APPROVALS: Date Signature Approved: Neil Donald, DSC October 16, 2014 Original Signed by Neil Donald Acknowledged: Clayton Harris, October 16, 2014 Original Signed by Clayton Harris Interim CAO

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SEPTEMBERIssued Issued Issued Value of Const. Value of Const. Value of Const. Permit Fee Permit Fee Permit Fee

Type of Permit 2014 2013 2012 2014 2013 2012 2014 2013 2012

Single Family Dwelling 5 5 2 3,324,845.00$ 1,874,240.00$ 1,350,000.00$ 33,966.95$ 21,276.90$ 13,500.00$ S.F.D. Addition 3 1 1 59,550.00$ 175,000.00$ 6,500.00$ 1,588.44$ 2,066.10$ 200.00$ S.F.D. Renovation 1 1 1 75,000.00$ 20,000.00$ 30,000.00$ 2,196.40$ 615.25$ 500.00$ S.F.D. Demolition 1 2 1 10,000.00$ 100.00$ 200.00$ 100.00$ Multiple Res. Reno.SUBTOTAL 10 9 5 3,459,395.00$ 2,079,240.00$ 1,386,500.00$ 37,851.79$ 24,158.25$ 14,300.00$

Cottage 7 9 7 5,251,795.00$ 5,716,527.85$ 2,468,520.00$ 59,462.72$ 66,867.13$ 28,314.12$ Cottage Addition 7 8 3 643077.5 1,346,617.75$ 511,005.00$ 7,772.10$ 15,163.55$ 5,310.05$ Cottage Renovation 2 1 104,000.00$ 32,000.00$ 600.00$ 300.00$ Cottage Demolition 15 13 7 55,000.00$ 89,000.00$ 30,500.00$ 1,500.00$ 1,300.00$ 700.00$ SUBTOTAL 29 32 18 5,949,872.50$ 7,256,145.60$ 3,042,025.00$ 68,734.82$ 83,930.68$ 34,624.17$

Commercial Building 1 12,000.00$ 300.00$ Commercial Addition 3 2 16,000.00$ 55,000.00$ 1,200.00$ 757.75Commercial Renovation 4 1 40,500.00$ 84,000.00$ 1,300.00$ 840.00$ Commercial Demolition 1 100.00$ SUBTOTAL 8 4 0 56,500.00$ 151,000.00$ -$ 2,600.00$ 1,897.75$ -$

Accessory Building 6 11 12 297,100.00$ 1,074,180.00$ 524,656.00$ 3,885.50$ 12,170.17$ 5,948.30$ Accessory Renovation 2 2 2 28,500.00$ 70,000.00$ 20,500.00$ 475.00$ 950.00$ 400.00$ Accessory Addition 1 2 99,045.00$ 25,000.00$ 1,207.50$ 860.00$ Accessory Demolition 5 1 2 58,000.00$ 4,500.00$ 1,615.00$ 100.00$ 200.00$ Public Building 3 103,009.00$ 1,139.30$ Miscellaneous 9 10 8 105,300.00$ 225,170.00$ 80,100.00$ 2,100.00$ 2,900.00$ 1,800.00$ SUBTOTAL 23 27 26 587,945.00$ 1,472,359.00$ 654,756.00$ 9,283.00$ 17,259.47$ 9,208.30$

Docks 22 19 19 945,000.00$ 862,700.00$ 728,160.00$ 5,700.00$ 5,500.00$ 6,050.00$

Boathouses 5 2 4 905,400.00$ 21,000.00$ 521,400.00$ 7,562.70$ 505.75$ 5,815.00$ Boathouse Renovations 3 1 55,000.00$ 8,000.00$ 730.00$ 300.00$ Boat House Additions 1 1 1 55,350.00$ 40,000.00$ 10,000.00$ 556.50$ 200.00$ 200.00$ Boat House Demolitions 11 6 2 57,000.00$ 19,000.00$ 4,500.00$ 1,100.00$ 600.00$ 200.00$ SUBTOTAL 20 9 8 1,072,750.00$ 80,000.00$ 543,900.00$ 9,949.20$ 1,305.75$ 6,515.00$

Sewage System 27 27 18 463,500.00$ 439,100.00$ 291,300.00$ 10,850.00$ 10,850.00$ 7,900.00$

TOTAL 139 127 94 12,534,962.50$ 12,340,544.60$ 6,646,641.00$ 144,968.81$ 144,901.90$ 78,597.47$

Township of Muskoka LakesBuilding Department

Building Permit Summary ReportReport from

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JANUARY - SEPTEMBERIssued Issued Issued Value of Const. Value of Const. Value of Const. Permit Fee Permit Fee Permit Fee

Type of Permit 2014 2013 2012 2014 2013 2012 2014 2013 2012

Single Family Dwelling 21 15 19 8,963,108.55$ 5,157,645.00$ 7,891,065.00$ 102,509.85$ 60,289.38$ 90,869.26$ S.F.D. Addition 11 10 8 634,556.40$ 572,125.00$ 125,000.00$ 9,840.67$ 7,925.00$ 2,418.95$ S.F.D. Renovation 15 6 12 739,780.00$ 84,500.00$ 356,500.00$ 15,635.00$ 3,706.25$ 6,204.65$ S.F.D. Demolition 7 7 7 10,500.00$ 10,000.00$ 40,000.00$ 700.00$ 700.00$ 700.00$ Multiple Res. 1 0 0 1,500,000.00$ -$ -$ 19,384.00$ -$ -$ SUBTOTAL 55 38 46 11,847,944.95$ 5,824,270.00$ 8,412,565.00$ 148,069.52$ 72,620.63$ 100,192.86$

Cottage 47 33 24 26,922,152.85$ 18,722,640.35$ 9,704,085.00$ 286,634.63$ 210,740.64$ 111,819.45$ Cottage Addition 42 31 32 5,894,770.00$ 4,159,717.75$ 3,107,303.50$ 69,895.57$ 51,831.43$ 39,599.44$ Cottage Renovation 9 25 22 264,000.00$ 1,313,850.00$ 835,500.00$ 4,118.90$ 18,602.05$ 11,950.00$ Cottage Demolition 52 36 23 331,500.00$ 170,000.00$ 83,500.00$ 5,200.00$ 3,600.00$ 2,300.00$ SUBTOTAL 150 125 101 33,412,422.85$ 24,366,208.10$ 13,730,388.50$ 365,849.10$ 284,774.12$ 165,668.89$

Commercial Building 7 5 3 847,500.00$ 586,720.00$ 57,000.00$ 19,325.97$ 7,889.10$ 1,539.30$ Commercial Addition 3 5 2 16,000.00$ 1,635,000.00$ 2,150,000.00$ 1,200.00$ 19,401.94$ 6,500.00$ Commercial Renovation 17 13 8 1,122,500.00$ 298,500.00$ 481,000.00$ 14,460.00$ 4,640.00$ 6,396.00$ Commercial Demolition 5 9 1 4,200.00$ 50,000.00$ 5,000.00$ 500.00$ 900.00$ 100.00$ SUBTOTAL 32 32 14 1,990,200.00$ 2,570,220.00$ 2,693,000.00$ 35,485.97$ 32,831.04$ 14,535.30$

Accessory Building 58 47 55 4,870,741.25$ 2,794,350.00$ 2,345,901.00$ 58,405.09$ 34,064.35$ 29,895.05$ Accessory Renovation 6 8 13 158,600.00$ 130,500.00$ 101,500.00$ 2,750.00$ 2,470.00$ 3,836.40$ Accessory Addition 3 2 4 148,845.00$ 23,000.00$ 46,000.00$ 1,905.50$ 607.00$ 1,711.00$ Accessory Demolition 16 11 7 142,400.00$ 14,500.00$ 11,500.00$ 2,715.00$ 1,100.00$ 700.00$ Public Building 2 6 3 193,780.00$ 159,489.00$ 1,536,110.00$ 1,067.77$ 1,664.58$ 15,541.10$ Miscellaneous 58 60 46 506,138.00$ 681,682.00$ 411,485.00$ 13,650.00$ 16,404.80$ 12,596.00$ SUBTOTAL 143 134 128 6,020,504.25$ 3,803,521.00$ 4,452,496.00$ 80,493.36$ 56,310.73$ 64,279.55$

Docks 176 185 157 6,286,460.00$ 6,668,024.00$ 7,014,550.67$ 48,500.00$ 54,300.00$ 49,550.00$

Boathouses 56 43 71 8,043,837.50$ 4,832,698.25$ 8,614,065.00$ 85,433.27$ 50,361.14$ 93,799.27$ Boathouse Renovations 8 12 4 156,200.00$ 517,300.00$ 64,500.00$ 2,915.00$ 7,118.10$ 1,000.00$ Boat House Additions 4 3 4 243,100.00$ 62,000.00$ 500,000.00$ 2,928.25$ 700.00$ 4,950.00$ Boat House Demolitions 33 17 14 355,900.00$ 134,000.00$ 201,500.00$ 3,300.00$ 1,600.00$ 2,600.00$ SUBTOTAL 101 75 93 8,799,037.50$ 5,545,998.25$ 9,380,065.00$ 94,576.52$ 59,779.24$ 102,349.27$

Sewage System 159 140 135 2,893,200.00$ 2,180,736.99$ 2,146,300.00$ 64,000.00$ 55,300.00$ 55,300.00$

TOTAL 816 729 674 71,249,769.55$ 50,958,978.34$ 47,829,365.17$ 836,974.47$ 615,915.76$ 551,875.87$

Township of Muskoka LakesBuilding Department

Building Permit Summary ReportReport from

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TO: Mayor Murphy and Members of Council MEETING DATE: Tuesday October 21, 2014 SUBJECT: CAO Update report

RECOMMENDATION: That the following report be received for information purposes.


Submitted By: Clayton Harris, Interim CAO Oct 16/16 Original signed by C. Harris

ORIGIN: The Interim CAO position commenced July 7, 2014 and an update report is

timely. BACKGROUND: Council filled the Interim CAO position on July 7, 2014. As the head of the

municipal administration the CAO’s responsibilities stretch across the entire organization. As CAO I am involved on a daily basis discussing and providing input into a wide range of topics. The following report is intended to provide Council with an overview of the activities that the CAO has been more directly engaged in. In a number of instances more detailed reporting on specific topics has come before Council.

Team Building - An important aspect of municipal government is the delivery of services to the

residents and businesses in the community. The majority of the services provided are delivered by our staff. The quality of these services is directly linked to the quality of staff and their engagement in the work that they do. Relationships outside the municipality are also important. Relationships across the District are particularly important when undertaking an initiative or addressing the challenges faced by the municipal sector. A number of actions have recently been undertaken to underscore these points, including the following:

1. Introduced myself to each staff person across the Township at their place of work;

2. Met with the President of the local union;

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3. Arranged tours of all municipal facilities; 4. Met individually with each member of council to understand the

issues/challenges from their perspective; 5. Arrangements made to meet with the Library CEO; 6. Met individually with the five (5) local CAO’s and the District CAO; and 7. Organized an ALS Ice Bucket Challenge for senior staff as a Team

building exercise, a fun event for staff and a very worthwhile fundraiser for the community. The District and other area municipalities were challenged, 4 of which have accepted.

The importance of working as a Team and getting input from across the organization is reinforced through weekly Senior Management Team meetings each Wednesday morning.

Staff Recruitment - Until recently two (2) senior staff positions were vacant, the Treasurer and the

Senior Planner. To ensure the best selection of candidates the Treasurer’s job description was

rewritten and served as the basis for creating the advertisement. The ad was widely publicized and the deadline for applications has closed. Thirty (30) applications were received and interviews with a “long list” of candidates are being finalized. Following these interviews a “short list’ of candidates will meet with the final Selection Committee. The Selection Committee includes two (2) members of Council. In the interim an agreement has been reached whereby the previous Treasurer provides support.

The Senior Planner position has be advertised and filled. The successful candidate started October 14, 2014.

Wellness Centre- The desire to improve health services within the Township is identified in the

Townships Strategic Plan. Lands were donated and the Township received title in May 2014. Since that time staff have been negotiating leases, coordinating with the donor of the land, the District and others and engaging environmental consultants to move the Wellness Centre forward. Timelines have been met and progress continues.

Procedural By-law- The Procedural By-law is an integral document in the governance of a

municipality. An update of the Procedural By-law/Council Code of Conduct was an action item in the Township’s Strategic Plan. An important objective of the By-law is to ensure an open and transparent public process. It sets out how meetings are to be conducted and how public input is received. An update of the Townships Procedural By-law was drafted as well as an update of the Code of conduct for members of council. A working draft of both documents was presented to Council in August 2014 for input and discussion.

DC By-law Update- The Township Development Charges By-law expired in September 2014. A new

Background Study and By-law were drafted, presented to the public and approved by Council prior to the expiry of the current By-law. No appeals to the new By-law were received.

Delegation By-law- The Township did not have a by-law in place that would delegate certain Council

authority to the CAO when there is a “Lame Duck” Council. A delegation By-law has been prepared and approved by Council. The Delegation By-law assisted in the timely hiring of the Senior Planner.


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IT Steering Committee – There are shared services between the District of Muskoka, the Township of Muskoka Lakes, the Town of Bracebridge and the Town of Gravenhurst. To establish priorities and coordinate activities, a Steering Committee was established. In the absence of the Treasurer the CAO has attended meetings to ensure that there is consistency and the Township has input into the decision making.

Most recently the Committee wanted each municipality to confirm its interest in participating in an agreement for the use of a GIS platform (ERSi) that the District is currently utilizing. There are cost advantages and efficiencies if the District and the local municipalities are using the same software. To better understand the software I attended a one day user conference in Toronto. Based on discussions with the senior management team and the conference material the TML has confirmed participation with the District, the Town of Bracebridge and the Town of Gravenhurst. Some funding had been included in the 2014 budget.

Parkland Acquisition- Council has identified a parcel of land that would be suitable for trails and as

passive parkland. To substantiate an investment of municipal funds an appraisal of the property for possible acquisition is being undertaken.

Grant Submission- In August the Township was advised that there are two (2) new infrastructure

initiatives whereby municipalities can receive funding. One is application based and the Township submitted an application prior to the September 19th deadline. The other grant is formula based and the Township is waiting for confirmation of the amount.

OPP Costing - As has been noted in previous reports the change in the methodology for

charging OPP costs to local municipalities is changing. Preliminary indications are that the District of Muskoka will see increased policing costs and to the extent that these costs are collected across the District based on property assessments the residents and businesses of the Township of Muskoka Lakes will see increases.

Given the importance of this topic the CAO attended an OPP briefing session in Orillia. This topic was also recently discussed at the Muskoka CAO meeting. The CAO’s were advised that the District has sought a legal opinion on whether there can be an alternative to property assessment for collecting these costs and also if lower tier municipalities can directly enter into a policing agreement with the OPP or others agencies. The District is expecting the legal opinion to be received shortly.

Council Orientation- In preparation for the next term of Council discussions have taken place between

the Clerks and CAO’s from across the District. The objective is to provide an effective and cost efficient way to provide orientation sessions for councillors. An orientation session for all members of council from across the District is being organized. Senior staff from each organization are also being invited. It’s important that there is consistent messaging. In addition to the District wide orientation the Township will be developing a complementary orientation session that will cover matters of importance to councillors and more specific to the Township of Muskoka Lakes.

FINANCIAL: There are no financial implications of approving this report.


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TO: Mayor Murphy and Members of the Committee of the Whole

MEETING DATE: October 21, 2014

SUBJECT: Original Shore Road Allowance on Brandy Lake lying in front of Concession 1, Lot 32, WATT - BOWES/SMITH, 2-6-015

RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Krista Bowes and Kent Smith 2-6-015 lying in front of Concession 1, Lot 32 (Watt) Brandy Lake pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances.

APPROVALS: Date Signature Submitted By: Teri Guthrie, Clerk’s Assistant 10/06/14 Original signed by T. Guthrie

Approved By: Cheryl Mortimer, Clerk 10/15/14 Original signed by C. Mortimer Acknowledged By: Clayton Harris 10/15/14 Original signed by C. Harris Interim CAO

SUMMARY: Based on the standards of Township Policy C-LS-08 (Sale of Original Shore

Road Allowances) it is recommended that the Township provide tentative approval for this application.

Report from the Clerk RE: Original Shore Road

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ORIGIN: An application to purchase a portion of Original Shore Road Allowance, shown

cross-hatched on the maps included herein have been received from Krista Bowes and Kent Smith.

BACKGROUND: BOWES/SMITH – 2-6-015

Legal Description: Concession 1, Lot 32, Part 6 on BR583, Watt

Fish Habitat Classification: Fish Habitat Unassessed (Type 1 – Most significant)

Location: Brandy Lake

Access: Private Right of Way off Municipal Road

Civic Address: 1035 Brandy Crest Road Unit 16

Extent: Approximately 100 feet of frontage

Property Unit Tax Class: Recreational Dwelling Unit (RDU)

STAFF COMMENTS: The Director of Planning, the Development Services Coordinator, and the Director of Public Works have no objections to this application. The Director of Planning advises that the property is zoned Waterfront Residential (WR4). The property does not meet the existing lot of record criteria of 200 feet of frontage and 1 acre of land in area, and it appears it will not with the addition of the land. We are recommending that the applicants’ request be granted for the following reasons:

1. The applicants own all of the property directly to the rear of the respective road allowance requested to be closed.

2. Closing the above noted road allowance does not prejudicially affect the property owners to either side of the applicants’ property.

FINANCIAL: The rate of $0.75 per square foot will be payable to the Township by the

applicant for the Original Shore Road Allowance, pursuant to Township Policy C-LS-08.


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SUBJECT: Original Shore Road Allowance on Lake Rosseau lying in front of Concession 5, Lot 29, WATT – DAVISON/LINKLATER, 2-9-044

RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Dyan Davison and Susan Linklater 2-9-044 lying in front of Concession 5, Lot 29 (Watt) Lake Rosseau pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances and confirmation of the status of the roadway.



SUMMARY: Based on the standards of Township Policy C-LS-08 (Sale of Original Shore Road Allowances) it is recommended that the Township provide tentative approval for this application.

Report from the Clerk Re: Original Shore Road

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cross-hatched on the maps included herein have been received from Dyan Davison and Susan Linklater.

While conducting research of the archives, some records showed what appears

to be a former roadway crossing the Original Shore Road Allowance. A survey will confirm the current existence of such roadway.

BACKGROUND: DAVISON/LINKLATER – LAKE ROSSEAU – 2-9-044

Legal Description: Concession 5, Lot 29, Parts 1 to 3 on RD395, Watt

Fish Habitat Classification: Type 1 – Most significant and Type 2 - General

Location: Lake Rosseau

Access: Private Road off Municipal Road

Civic Address: 1585 Brackenrig Road Unit 3



STAFF COMMENTS: The Director of Planning, the Development Services Coordinator, and the Director of Public Works have no objections to this application. The Director of Planning advises that the property is zoned Waterfront Residential (WR5-7). The property exceeds the existing lot of record criteria of 100 feet of frontage and an area of 15,000 square feet. He advises that the right of way/roadway needs to be confirmed by the solicitor or a surveyor and preserved in a transfer should it exist.


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We are recommending that the applicants’ request be granted for the following reasons:

1. The applicants own all of the property directly to the rear of the respective road allowance requested to be closed.

2. Section 1.01(d) of the Original Shore Road Allowance Policy states that applications will not be approved if other owners of land are, or may be, deprived access to their property or if the closure conflicts with Township By-laws or practices. Confirmation of the status of the former road way will be required prior to sale of the original shore road allowance to ensure access to neighbouring properties. Should access be impacted by the conveyance of the entire Original Shore Road Allowance, that portion situated on the Original Shore Road Allowance can remain in Township ownership.

3. There are encroachments on the Original Shore Road Allowance.




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SUBJECT: Original Shore Road Allowance on Lake Rosseau lying in front of Concession 6, Lot 25, WATT – WOLFE, 2-11-023

RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Karen Wolfe lying in front of Concession 6, Lot 25 (Watt) Lake Rosseau pursuant to the conditions provided in this staff report as well as Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances.



SUMMARY: Based on the standards of Township Policy C-LS-08 (Sale of Original Shore Road Allowances) it is recommended that the Township provide tentative approval for this application.


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cross-hatched on the maps included herein has been received from Karen Wolfe.

BACKGROUND: WOLFE – LAKE ROSSEAU – 2-11-023

Legal Description: Concession 6, Lot 25, Watt

Fish Habitat Classification: Type 2 - General

Location: Lake Rosseau

Access: Private Road off Municipal Road

Civic Address: 1843 Brackenrig Road Unit 14



STAFF COMMENTS: The Director of Planning, the Development Services Coordinator, and the Director of Public Works have no objections to this application. The Director of Planning advises that the property is zoned Waterfront Residential (WR8) and the addition of the Original Shore Road Allowance should result in the property meeting the existing lot of record with 200 feet of frontage and an area of one acre. We are recommending that the applicant’s request be granted for the following reasons:

1. The applicant owns all of the property directly to the rear of the respective road allowance requested to be closed.

2. There are encroachments on the Original Shore Road Allowance.

3. Closing the above noted road allowance does not prejudicially affect the property owners to either side of the applicant’s property.




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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: Integrated Accessibility Standards Policy / Multi-Year Accessibility Plan RECOMMENDATION: That Committee of the Whole recommend to Township Council that the

Integrated Accessibility Standards Policy C-GG-25 and the Multi-Year Accessibility Plan as presented on October 21, 2014, approved.


Approved By: C. Mortimer, Clerk 10/16/14 Original signed by C. Mortimer

Acknowledged: C. Harris, Interim CAO 10/16/14 Original signed by C. Harris

SUMMARY Based on the legislation requirements, it is recommended, that the Integrated

Accessibility Standards Policy C-GG-25 and the Multi-Year Accessibility Plan be approved as presented.

ORIGIN: On July 1, 2011 the Government of Ontario passed the Integrated Accessibility

Standards Regulation (Ontario Regulation 191/11) under the Accessibility for Ontarians Act, 2005.

The Integrated Accessibility Standards Regulation sets out specific requirements

for four accessibility standards – Information and Communications, Employment, Transportation, and Built Environment (Design of Public Spaces), and also includes a section of General Requirements that apply to all four standards.

BACKGROUND: The Accessibility for Ontarians with Disabilities Act (AODA) was passed by the

Province of Ontario in 2005. The vision behind the AODA is to achieve accessibility for Ontarians with disabilities by the year 2025. To achieve this goal, the Province of Ontario developed province-wide standards. The five standards are: Customer Service, Information and Communications, Employment, Transportation, and Built Environment.

Report from the Clerk Re: Accessibility. (Part three of

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The first standard to become law was the Accessibility Standards for Customer Service. Public service organizations were to comply with the standard by January 1, 2010. Municipalities are required to continue to retain compliance with the Customer Services Standard. The Township passed Accessible Customer Service Policy C-GG-21 on December 15, 2009 to meet this standard. The remaining four standards: Information and Communications, Employment, Transportation, and Built Environment (Design of Public Spaces) were combined under one regulation (Ontario Regulation 191/11), being the Integrated Accessibility Standards Regulation. The Integrated Accessibility Standards Regulation came into force on July 1, 2011, and builds on the Accessibility Customer Service Standard. For purposes of this regulation, the Township is considered a large designated public sector organization (50 or more employees). To meet compliance requirements, the two attached documents have been drafted, in the case of the Integrated Accessibility Standards Policy C-GG-25, and amended in the case of the Multi-Year Accessibility Plan.

FINANCIAL: With respect to achieving the phased in compliance of all standards by 2025, the

costs are unknown. Any expenditure associated with this endeavour will be considered annually through the budget process and through the review of the accessibility plan. Non-compliance of the regulations can result in penalties and fines.


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cessibility forouncil Polic

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ated


of 73

P

R

1

POLICY STA

RESPONSIB

1. GENERAL

Multi-Year

ProcuringServices o

Self-Servic

ATEMENT A

BILITIES:

L REQUIRE

r Accessibil

or Acquirinor Facilities

ce Kiosk:

AND ORGA

EMENTS

lity Plan:

ng Goods, s:

NIZATIONA

The Townsenvironmenupon and iaccessibilityconsistent w

This policyAccessibilitythe Townsprovides ovresidents an

Through thedevelop, immunicipalityAccessibility

The Towndocument afor identifyrequiremen

The plan ManagemeDevelopmeChief) the appointed CCouncil. The plan wreport to beMembers oencouraged The plan aand upon re

The Townscriteria andfacilities, exrequested,

The Townswhen desigthe needs accessible t

The Cor

AL COMMITM

ship of Musnt for all pemprove its py needs ofwith the spec

y has beey Standard hip of Musverall strategnd visitors w

e Integratedmplement ay will achievy for Ontaria

ship of Ma multi-year ying, removts as set out

working gnt Team (

ent ServicesCommunity

Council liais

will be reviewe prepared oof the publd to provide

and annual request, prov

ship of Musd features wxcept wherean explanat

ship of Muskgning or buyi

of all our to the wides

rporation of Draf

MENT:

skoka Lakesersons with practices in f persons wcific requirem

en drafted Regulation,

skoka Lakesgic direction

who have a d

d Accessibiliand maintave accessibians with Disa

uskoka Laaccessibilit

ving and prt in the regu

group is c(CAO, Trea

s Coordinatoy Economicson. The p

wed at least on the progrlic, includininput into th

reports will vided in an a

skoka Lakeswhen procue it is not tion will be p

koka Lakes ing self-servcustomers

st range and

the Townshft TOWNSH

s strives to disabilities, addition to

with disabilments of the

in accordaOntario Reg

s accessibiln to provide disability.

ity Standardain policies ility measureabilities Act

kes shall ty plan outlinreventing b

ulation.

comprised oasurer, Cleor, Director c Developmplan is form

once everyress of the mng those we developm

be posted oaccessible fo

s will incorpuring or acqpractical to

provided.)

shall incorpvice kiosks.

and clients users.


Pa

ensure a fand will coensuring th

ities in a te Act and its

ance with gulation 191lity programaccessibilit

ds Policy, thewhich go

es as requir(AODA).

develop, imning the corbarriers, and

of the Towrk, Directoof Public W

ment Coordmally adopte

y five years, multi-year acho have a ent and revi

on the Towormat.

porate accesquiring good

o do so (in

porate accesThe Townsh

s in order t

ka LakesC-GG-25

age 3 of 8

fully accessontinue to bhat it meets timely manregulations

the Integra1/11, to addrm. This poty support to

e Township overn how red through

mplement, rporate stratd meeting

wnship Ser of Plann

Works, and dinator and d by Towns

with an annccessibility p disability, iew of the Pl

nship’s web

ssibility desds, serviceswhich case

ssibility featuhip will conso make kio

sible build

the ner, .

ated ress olicy o all

will the the

and tegy the

nior ing, Fire

an ship

nual plan.

are an.

bsite

sign, s or e, if

ures ider

osks


of 73

2

Training:

2. INFORMA

Emergenc

Feedback

ATION AND

cy Informati

:

D COMMUNI

on:

The Townsall individustandards ras it relatesimplementesoon as prrequiremenof the trainiand the numwill be reco

ICATION ST

The Townsinformation brochures, upon reque

If the Towninformation information requires thethe informathe unconve

The Townssafety infoaccessible soon as pra

The Integraduring any defined und

Any reductiand scale othe emergerestrictions, The Townresponding providing ocommunicaFeedback cdelivering aCustomer F

The Cor

ship of Muskals as outl

referred to ins to personsed. On-goinracticable. ts, training wng providedmber of persrded for train

TANDARD

ship of Muand commetc., in way

est.

ship determor comm

or commune informatiotion or commertible inform

ship will proormation wh

format, or wacticable, up

ated Accessperiod wher

der the Emer

ion or suspeof the emergency may de, and closure

ship will eto feedbac

or arrangingation suppocan be provan electronicFeedback pr

rporation of Draf

koka Lakes lined in the

n the IASR, as with disabng training w

If any chawill be prov

d, including dsons trainedning adminis

uskoka Lakunications,ys that are

mines that it imunications, nications is on will be prmunicationsmation or co

ovide its emhich are mwith the ap

pon request.

sibility Standre Council hrgency Man

ension of segency and thestroy telecoe of municip

ensure thatck are acceg for the orts, as sovided: in pc text by emrocess will be

the Townshft TOWNSH

will ensure e IASR on and in the O

bilities. Trainwill be provianges are mided. The Tdates on whd. The namestration purp

kes will creincluding invaccessible

s not technior the te

not readily rovided withs are not conmmunication

mergency prmade availa

propriate co

dards Regulaas declaredagement an

ervices wouldhe resourcesommunicatio

pal facilities.

t our processible to pprovision ooon as pr

person, by temail, cd or oe promoted


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that training the requir

Ontario Humning will be ided to new

made to thisTownship w

hich the traines of the indposes.

eate, providvoices, ordeto people w

cally feasiblechnology tavailable, th

h an explananvertible, andns.

rocedures, ble to the ommunicatio

ation Policy a “State of

nd Civil Prote

d be dictates allocated. on systems,

cesses for people withf accessibleracticable, elephone, inotherwise. on the Town

ka LakesC-GG-25

age 4 of 8

g is providedrements of an Rights Cdeveloped

w employeess policy or

will keep reconing is providdividuals trai

e and receer forms, flywith disabilit

e to convertto convert hat person wation as to wd a summar

plans or pupublic, in

on supports,

shall not apEmergency

ection Act.

d by the naThe impact result in tra

receiving disabilitiese formats upon requ

n writing, orIn addition, nship websit

d to the

ode and

s as the

ords ded, ned

eive yers, ties,

the the

who why ry of

ublic an

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ture ts of avel

and by and est. r by the

te.


of 73

3

AccessiblCommunic

Website A

3. EMPLOY

Recruitme

e Formats acation Supp

Accessibility

YMENT STA

ent and Rete

and ports:

y:

NDARD

ention:

The Towns formats an

- Upon requaccessibil

- At a cost t - In consult

suitability

Through republic abousupports. Tof accessib

The Townsconform to Guideline (Website usto access a

The Towns

- When posjob appaccommoparticipatio

- Notify job

an assessupon requ

- If a selec

applicant accommoneeds;

- When ma

policies fo

The Employthe Ontarioindividuals respect to non-paid inmake everpositions, u

The Cor

ship will prond communic

uest, in a timity needs du

that is no mo

tation with tof an access

gular commut the availThe Townshle formats.

ship will makthe World W

(WCAG) 2.0ers are enco

a document p

ship of Musk

sting an emplicants abdation for on in the rec

applicants wsment or seleuest in relatio

cted applicaand provid

dation that

king offers oor accommod

yment Stano Human Racross all spaid employ

ndividuals. ry effort topon request

rporation of Draf

ovide or arcation suppo

mely manneue to a disab

ore than the

the person sible format

munication cability of ac

hip shall mai

ke its internWide Web C0, initially atouraged to cposted on th

koka Lakes w

mployment obout the applicants

cruitment pro

when they aection proceon to the ma

nt requests de or arran

takes into

of employmedating emplo

dard builds Rights Codestages of thyees and doHowever, a

o accommodt.

the Townshft TOWNSH

rrange for thorts for perso

er that takesbility;

regular cos

making theor commun

hannels, theccessible fontain a list o

net website Consortium t Level A, acontact the The municipal

will:

pportunity, navailability

with disabiocess;

are individuaess, that accaterials or pr

an accommnge for the

account th

ent, notify, soyees with d

upon the ee in relationhe employmoes not appas a best pdate volunt


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he provisionons with disa

s into accou

t charges to

e request toication supp

e Township ormats and of contacts f

and any neWeb Conte

and increasTownship if website.

notify interny of recrlities to su

lly selected commodationrocesses to b

modation, ce provision he applican

successful adisabilities.

existing requ to how toent cycle a

ply to voluntpractice, theteers and

ka LakesC-GG-25

age 5 of 8

n of accessabilities:

unt the perso

o other perso

o determine port.

shall notify communica

for the provis

ew web conent Accessibe to Level they are una

al and exteruitment-relapport their

to participatns are availabe used;

consult with of a suita

t’s accessib

applicants of

uirements uno accommodnd applies wteers and oe Township other non-p

sible

on’s

ons;

the

the ation sion

tent bility AA.

able

rnal ated

full

te in able

the able bility

our

nder date with ther will

paid


of 73

Employee

Accessibl

Individual

e Notificatio

e Formats:

Accommod

n:

dation Plan

The Townssupporting policies on employee’s

When an ewith the emformats and

- For inform

- For inforworkplace

- In consul suitability

If the empaccessible to the emplo

n (IAP):

The Townsthe develoemployees

- The emp- Assessm- Upon req

developm- If requi

informati- Upon re

another accomm

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- If denied- A format- If reque

commun- Identifica

The Cor

hip will inforemployees

the provisios accessibility

mployee witmployee to pd communica

mation that

rmation thae (i.e. agen

ltation with y of an acces

ployee hasformats andoyee should

hip of Muskpment of dwith a disab

ployee’s partment on an inquest of thement of the pired, includion; quest of theexpert, at th

modation neeaken to prion; cy with whicin which it w

d, the reasont taken into aested, any nication suppation of any

rporation of Draf

rm all new ans with disabn of job acc

ty needs due

th a disabilitprovide or aation suppor

is needed in

at is generdas, meetin

the employessible format

an individd/or commud be included

koka Lakes wdocumented bility. The pr

ticipation in ndividual ba

e employee, plan; de individu

e Townshiphe Townshipeds and howrotect the

ch the IAP will be done;ns for denial account the

informationports providey other acc

the Townshft TOWNSH

nd existing ebilities, incl

commodatione to a disabil

ty requests iarrange for trts:

n order to p

rally availabng minutes,

ee making tt or commun

dual accomnication supd in the plan

will have in individual rocess will in

the developsis; participation

al workpla

, an evaluap’s expense

w to best achprivacy of

will be revie

are to be premployee’s

n regardinged; commodatio


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employees ouding but ns that take lity.

t, the Townsthe provisio

perform the e

ble to emp newsletter

the requestnication sup

mmodation ppports that wn.

place a writaccommoda

nclude:

ment of the

n of a repre

ce emerge

ation by outs, to assist wieve accommthe emplo

ewed and u

rovided to thdisability ne accessible

on that is to

ka LakesC-GG-25

age 6 of 8

of its policiesnot limited into accoun

ship will conn of access

employee’s

ployees in rs, forms, e

, determine port.

plan, then will be provi

tten processation plans

IAP;

esentative in

ency respo

side medicawith determinmodation; yee’s perso

pdated and

he employeeeeds; e formats

o be provid

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onse

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onal

the

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of 73

4

Return to

PerformanDevelopmand Redep

WorkplaceInformatio

4. TRANSP

Accessibl

Work:

nce Management and Ad

ployment:

e Emergencon:

ORTATION

e Taxis:

ement, Carevancement

cy Respons

The Townsplace for emand requireSuch proceTownship waccommoda

eer t The Townsindividual a

1. Using p2. Providin3. Using re

se The Townsinformation

- If the dis and the employe

- With the Townshi required

- As soon accomm

- And will informat organiza reviewed response

Through regthe public ademand acc

Through thidentify proaccessible t

The Cor

ship of Muskmployees whe disability reesses will bewill take to faation plan as

hip will take ccommodat

erformance ng career deedeploymen

hip will provto employee

sability is suemployer is

ee’s disability

e employeeip to p;

n as practmodation due

review theion when th

ation, whend, and whee policies.

gular public and personscessible tax

e accessibilogress madtaxicabs inc

rporation of Draf

koka Lakes ho have beeelated accome document

acilitate the rs part of the

into accounion plans of

managemeevelopment ant procedures

vide individuaes who have

ch that the s aware of thy;

e’s consentrovide as

ticable aftere to the emp

e individualhe employeen overall acen the emp

comment cs with disabilxicabs requir

lity plan andde towards

cluding any s

the Townshft TOWNSH

will have aen absent frmmodationsted and willreturn to wo process.

nt the accessemployees

nt processeand advances.

al work placee a disability

individualizehe need for

t, to the pssistance

r becomingloyee’s disa

ized workpe moves toccommodati

ployer review

hannels, thelities to detered within the

d the annuas meeting tsteps to be ta


Pa

a return to wrom work dus in order to l outline therk and includ

sibility needswith disabili

s; ement inform

e emergency;

ed informatioaccommoda

person desito the

g aware of ability;

lace emerg a different ions needs ws its gene

e Township wermine the pe Township.

al report, thethe need faken to mee

ka LakesC-GG-25

age 7 of 8

work procesue to a disab return to w

e steps that de an individ

s and/or ities when:

mation;

y response

on is necessation due to

gnated by employee,

the need

gency respolocation in or plans

eral emerge

will consult wproportion of

e Township for on-demet the need.

s in bility

work. the

dual

sary the

the if

for

onse the are

ency

with on-

will and


of 73

5

L

Taxicab O

5. DESIGN

LEGAL REF

Operations:

OF PUBLIC

FERENCES:

C SPACES

:

Through ththat ownersan additiondisability fomobility aid

The Townsregistration taxicab. Vavailable in

Taxicab vepresented i

- Consistenof transpo

- Has text assist w character

The Townsare newly c

- Recreatio- Outdoor e- Outdoor p- Exterior pa- On and of- Service co

In accordanchanges toorganizationpublic spac2016.

The Townson matters new or redrequiremen

Ontario HuAccessibilityStandards FAccessibility

The Cor

e Townships and operaal fee for pe

or the sames or mobility

hip will ensuand identi

ehicle regist an accessib

ehicle regisn accessible

nt shapes, cortation vehic

that is high ith visual rrs.

hip shall meconstructed o

nal trails andeating areas play spaces;aths of traveff street parkounters, fixe

nce with theo existing pns build new

ces. The imp

ship shall cothat are requ

developed pts.

uman Righty for OntaFor Customy Standards

rporation of Draf

p‘s licensing ators are proersons with

e trip, and fry assistive de

ure owners aification infotration and ble format fo

stration ane formats wh

colors, and cle to give th

colour-contrecognition,

eet accessibor redevelop

d beach accfor public us

el; king facilitiesed queuing g

e legislation,public spacew or make mplementation

onsult with tuired as per

public space

ts Code, Oarians with er Service -

s - Ontario R

the Townshft TOWNSH

program, tohibited from

disabilities rom charginevices.

and operatoormation onidentification

or passenge

nd identificahich include:

positions whhe same type

trasted with and has

ility requiremped and, inte

cess routes; se;

s; and guides and w

the Townshes. The stamajor changn date of this

he public anr the IASR bes and mee

Ontarians wDisabilities

- Ontario ReRegulation 19


Pa

he municipam charging a

than for peng a fee for

ors of taxicabn the rear n informatiors who have

ation inform:

hen used ine of informa

its backgrouthe appea

ments for puends to main

waiting areas

hip is not reandard onlyges to existis requireme

nd persons efore it cons

et technical

ith Disabilits Act, 2005egulation 42991/11.

ka LakesC-GG-25

age 8 of 8

ality will ensa higher farersons witho

r the storage

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on will be me a disability

mation will

the same tation, and;

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s.

equired to my applies wing elementnt is Januar

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ties Act, 205, Accessib9/07, Integra

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001, bility ated


of 73


TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: Emergency Services Monthly Activity Report RECOMMENDATION: For informational purposes only. APPROVALS: Date Signature

Submitted By: Richard Hayes, Fire Chief October 9, 2014 Original Signed by R. Hayes

Acknowledged: Clayton Harris, Interim CAO October 9, 2014 Original Signed by C. Harris

INTRODUCTION: This monthly report provides an overview of the activities of the Emergency Services. This deals with Fire Service, Emergency Management, and By-Law. Emergency Responses: From September 1, 2014 until September 30, 2014, the Fire Department has responded to 56 calls for a total of 401 calls this calendar year. This is compared to 46 for September and 428 calls YTD from last year to the same time period. Of note in this period:

• 2 Motor Vehicle Accidents • 1 Car Fire with an estimated loss of $5,000.00 • 1 assistance to another fire department

o This was for the road washout on Hwy 632

Report from the Fire Chief Re: Monthly Activity Report.

of 73


of 73

Capital Expenses: We continue to work the completion of the approved capital expense items. Chainsaws Awaiting Delivery Thermal Imaging Cameras Complete Bunger Gear Washing Machines Delivered and awaiting final hook up High Volume Hose Complete Portable Pumps Complete Boat Pumps Complete Hose, fittings, adaptors, and tools On-Going Protective equipment On-Going Master Fire Plan Complete Vehicle (Car 2) Complete Marine 9 hose cabinetry Awaiting Delivery Marine 5 cab retrofit Awaiting Delivery Rescue 5 – Minett Awaiting Delivery Pumper 7 – Windermere body work Awaiting Delivery Training: Regular scheduled training nights continue with good overall attendance showing. Work continues with the transition from the Ontario Fire Service Standards to the National Fire Protection Association Standards for Professional Qualifications. Emergency Management One final meeting for 2014 compliance with the Emergency Management and Civil Protection Act was held on October 16th. This meeting was the final step for the 2014 compliance needs.


of 73

By-Law/Fire Prevention/Public Education: Fire Prevention Week is always the first week in October. This year the week lands on October 5th through to the 11th. The theme for this year is,

Firefighters attended both public schools and educated 225 students on fire safety. A fire prevention message was also shared with residents of Wahta Mohawk Nation. September and YTD By-law Statistics

Dog Tags Kennel Licenses

Dog Incidents/

Inquiry

Parking Tickets Parking

Transient or Refreshment License/ Inquiry

Boat unattended Dock

Sep 2 0 4 3 0 1 0 0 YTD 11 5 77 4 32 18 0 31

Site Alterations

Property Standards

Site Plan

Agree Camping

Sign Complaint/ Inquiry

Noise Trespass Taxi

Complaint/ Inquiry

Sep 0 2 0 1 7 3 1 1 YTD 4 58 0 1 31 50 2 14

Firearms & Hunting Zoning Burn Zoo Tree

Complaint

Hawkers and

Peddlers

Other non by-law

inquiries

Sep 3 3 11 0 0 0 0 YTD 9 20 126 0 16 15 73


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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: Double Hatter Firefighter RECOMMENDATION: That The Committee of the Whole recommend to Township Council to endorse the following AMO resolution with respect to the Double Hatter issue and that the following resolution be sent to:

• Hon. Kathleen Wynne, Premier of Ontario • Hon. Madeline Meilleur, Attorney General • Hon. Kevin Flynn, Minister of Labour • Hon. Yasir Naqvi, Minister of Community Safety and Correctional Services • Hon. Ted McMeekin, Minister of Municipal Affairs and Housing. • Hon. Norm Miller, MPP Parry Sound – Muskoka • The District Municipality of Muskoka • Muskoka Association of Fire Chiefs

WHEREAS the training and certification of professional firefighters is established and mandated by the Province of Ontario under the Fire Protection and Prevention Act, 1997; AND WHEREAS it is the responsibility of municipalities to establish fire departments and appoint fire chiefs to provide fire protection services as they determine may be necessary in accordance with their needs and circumstances; AND WHEREAS many Ontario municipalities rely on both full time and volunteer firefighters in order to provide fire protection; AND WHEREAS the International Association of Fire Fighters ("IAFF") Constitution prohibits full time firefighters from volunteering as firefighters in another municipal jurisdiction (i.e. "Double Hatting"); AND WHEREAS the IAFF’s stance on Double Hatting is specifically prohibited by legislation in almost all provinces in Canada and much of the United States; AND WHEREAS a volunteer firefighter in the Innisfil Fire and Rescue Service is challenging the IAFF ban on Double Hatting and their expulsions from that union because of his desire to continue volunteering while being employed as a full-time firefighter in another jurisdiction; AND WHEREAS the right of individuals to use their free time in service of their community is a fundamental right in a free, open and democratic society.

Report from the Fire Chief Re: Double Hatter

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NOW THEREFORE BE IT RESOLVED that the Council of the Township of Muskoka Lakes requests that the Province of Ontario amend the Fire Protection and Prevention Act, 1997 with respect to salaried firefighters who also work as volunteer firefighters, such that if a person is denied membership in an association of firefighters, is expelled or disciplined by the association or engages in reasonable dissent within the association in connection with this kind of dual role, the association is not permitted to require the employer to refuse to employ the person as a salaried firefighter, terminate his or her employment as a salaried firefighter or refuse to assign the person to fire protection services. APPROVALS: Date Signature

Submitted By: Richard Hayes, Fire Chief October 14, 2014 Original signed by R. Hayes

Acknowledged: Clayton Harris, Interim CAO October 14, 2014 Original signed by C. Harris

ORIGIN: Fire Chief’s Office BACKGROUND: Recent media attention has been brought upon a firefighter who volunteers for

the Innisfil Fire Department and also is employed as a Full Time (FT) Firefighter in another jurisdiction. The union, where this firefighter is employed FT, is forcing the issue of the Double Hatter. The Union is asking for the termination of the firefighter’s full time employment. http://www.theglobeandmail.com/news/national/union-turns-up-the-heat-on-firefighters-who-volunteer-on-days-off/article20635456/ http://www.firefightingincanada.com/content/view/19434/213/ http://amo.on.ca/AMO-Content/Policy-Updates/2014/Double-Hatter-Firefighter-Issue-in-the-Media.aspx AMO provided the following information on September 18th, 2014; Double Hatter Firefighter Issue in the Media Issue: Professional firefighters as volunteer firefighters during their free time. Yesterday, this issue was profiled in a front page Globe and Mail story about a firefighter who is taking on the union’s actions as relates to ‘double hatting’. ‘Double hatting’ is forbidden by the International Association of Fire Fighters and its Ontario union, The Ontario Professional Fire Fighters Association. Over the years, union charges have been brought against individuals who are double hatters and as a result, generally stop their involvement as a volunteer. Double hatters want to protect family, friends and the community where they live and are an important backbone of fire services within smaller municipalities and its loss proves challenging. Many double hatters were volunteer fire fighters before becoming salaried professionals.


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http://www.theglobeandmail.com/news/national/union-turns-up-the-heat-on-firefighters-who-volunteer-on-days-off/article20635456/

http://www.theglobeandmail.com/news/national/union-turns-up-the-heat-on-firefighters-who-volunteer-on-days-off/article20635456/

http://www.firefightingincanada.com/content/view/19434/213/

http://amo.on.ca/AMO-Content/Policy-Updates/2014/Double-Hatter-Firefighter-Issue-in-the-Media.aspx

http://amo.on.ca/AMO-Content/Policy-Updates/2014/Double-Hatter-Firefighter-Issue-in-the-Media.aspx

Tom Hunse, a Toronto professional fire fighter for 22 years and a 26 year volunteer with Innisfil Fire Services and his union, is demanding that since he has not stopped his volunteer work that he be fired from his Toronto job. Mr. Hunse is taking a principled stand – that how he uses his free time is his to determine. Yesterday’s Globe and Mail and other major news outlets are now covering his story. The public’s reaction is that Hunse and other double hatters should be able to use their skills and knowledge in their free time in his own community without repercussion. An arbitration hearing is set for later this year that would deal with his permanent employment status with the City since he is no longer a member in good standing and only Association members in good standing are able to be members of the full-time bargaining unit. Mr. Hunse has filed a Duty for Fair Representation Application with the Ontario Labour Relations Board against the Toronto Professional Fire Fighters Association. The "duty of fair representation" provisions of the Labour Relations Act stipulate that a trade union shall not act in a manner that is arbitrary, discriminatory or in bad faith in representing employees. AMO has requested intervener status as this matter affects many municipal governments and the double hatters that work. This is a matter of fairness and personal liberty as fire fighters should be able to use their free time as they wish to without reprisal or interference. These volunteers should be supported, not pressured for wanting to protect their neighbours in their home communities. The union does not object to full time firefighters working other jobs which many do. What is the solution to this threat? A simple change to provincial law would prevent this type of union interference. To our knowledge, every Canadian province has such protection, except for Ontario and Newfoundland. It is time for Ontario to give our volunteer firefighters the same freedom and protection that other employees in Ontario enjoy, as well as those fire fighters everywhere else in the nation. Attached is a draft council resolution your council may wish to pass that asks the Ontario government to provide this protection to double hatter firefighters who want to serve their home communities in their spare time.

As mentioned, double hatters are worried about being threatened with job loss and municipal governments have been watching this matter closely.

ANALYSIS: Locally, here in Muskoka Lakes, we have had four personnel within the last two years leave us for Full Time employment with other Fire Departments. Two of these four firefighters are still active in the community. Due to the pressures from the Double Hatter issue these firefighters have stepped away from our fire department. We have a number of our firefighters who are interested, and actively seeking, Full Time employment with other Fire Departments.

Regardless of whether or not our firefighters seek Full Time employment with

other Fire Departments the average service expectancy that we see throughout Ontario, and Canada, for our younger members is around the five year mark. Due to work and schooling needs our younger populations are becoming more and more transient. We do see quite a number of our members who are successful in obtaining Full Time employment with other Fire Departments. The onus is on our local Fire Department to ensure new recruits are adequately


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trained. Having them leave the organization for another Fire Department and not be able to provide service back to their Home Fire Department leaves us in a position where we are constantly training new recruits.

FINANCIAL: There are no financial implications in forwarding this resolution


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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: MONTHLY ACTIVITY REPORT

ECONOMIC DEVELOPMENT DEPARTMENT RECOMMENDATION: for information purposes only.


Submitted By: Lisa McMurray, CEDC Oct 16, 2014 Original Signed by L.McMurray

Acknowledge By: Clayton Harris, Interim CAO Oct 16, 2014 Original Signed by C.Harris

ORIGIN: This monthly activity report is being provided from the Economic Development

Department. It is not a comprehensive list of all activities within the department, but contains highlights that may be of interest to Committee.

SUMMARY:

INVESTMENT READINESS & ATTRACTION Regional Economic Development The Economic Development Officers continue to work collaboratively on the Investment Attraction marketing initiative. The detailed work-plan continues to guide the project. Next steps include completing the video/photography work and finalizing the branding/design. It is expected that the marketing piece will be completed by December 2014. PEOPLE AND PLACES Active, Stronger Community Project Through the Ministry of Tourism Culture and Sport’s Ontario Sport and Recreation funding, the Township is hosting a working group recruitment meeting on Wednesday October 29, 2014 from 5:30 p.m. – 7:00 p.m. at the Port Carling Community Centre. This group will provide input and ideas to assist in the development of strategies, programs and resources.

Community Centres The Community Economic Development Coordinator and the Director of Public Works will be scheduling meetings with each Community Centre Hall Board to discuss 2015 operating and capital budgets.

Report from the Community Economic Development

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ECONOMIC GARDENING – EVENTS Wakestock: Wakeboard World Series Debriefing is the final stage of the event process. This critical step yields valuable information for future events. Our goal is to compile information that will feed into a Township event permit process. The technical debriefing was held on September 17, 2014. This session focused on administrative aspects and agency requirements. Event organizers and agencies also participated in an analysis of the 2014 event. The date/time of the community stakeholder debriefing session is being finalized. This session will include the applicants, members of council, chamber of commerce, local businesses and other community stakeholders. The focus will be on the impact of the event on community and tourism.

Doors Open: September 27, 2014 In 2002, Ontario Heritage Trust launched Doors Open Ontario, the first province-wide event of its kind in Canada. From April to October, Doors Open Ontario attracts large crowds across Ontario. During the event visitors are invited to discover, first-hand, Ontario’s hidden heritage treasures. Since 2002, over five million visits have been made to heritage sites participating in this exciting initiative. Doors Open Ontario, now considered a cultural phenomenon, will continue in 2014 with hundreds of communities participating across the province. The 2014 Township-wide event included: Bala’s Museum, Don’s Bakery, Johnston’s Cranberry Marsh, Wilson Farmhouse, Bent River School House, Hall Family Cabin (Museum), Sherwood Inn. Volunteer Appreciation Night: September 30, 2014 On October 7, 2014 the Economic Development Department coordinated an evening of appreciation for Township of Muskoka Lakes volunteers. Approximately 65 people enjoyed the informal evening; dessert, tea/coffee, live music, presentation of certificates and tokens of appreciation, along with thanks from the Mayor on behalf of Council. Cranberry Festival The 30th annual Cranberry Festival was held in Bala from October 17,- 19, 2014. OTHER AREAS OF INTEREST Workshops/Training ROAR – Sept 22 – 25, 2014. This 3-day recreation conference was been designed with

small/rural municipalities in mind. Seminars and workshops will focused on challenges, risks, trends, leveraging community resources, health and tourism, community volunteers, seniors programming and events.


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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 21, 2014 SUBJECT: WAKESTOCK 2015 RECOMMENDATION: Whereas the Township of Muskoka Lakes’ Strategic Plan identifies

on-going support for festivals and events in the municipality; Therefore be it resolved that Committee of the Whole recommend

to Township Council that Wakestock 2015 be supported in principle. Event approval will be granted upon the completion of Township and agency requirements.

APPROVALS: Date Signature Submitted by: Lisa McMurray, CEDC Oct 16, 2014 Original Signed by L.McMurray Approved by: Clayton Harris, Interim CAO Oct 16, 2014 Original Signed by C.Harris

SUMMARY: For marketing and promotional purposes the World Wakeboard Association

(WWA) is looking to confirm its 2015 Wakestock dates: August 6-9, 2015. The resolution before Committee of the Whole supports, in principle, Wakestock

2015. ORIGIN: Letter of Intent received September 24, 2014 from Wakestock, Steve Jarrett. A copy of the letter is attached. BACKGROUND: WWA Mission: is to promote and grow competitive wake sports around the world. ‘For 25 years the World Wakeboard Association has been the world’s premier

provider of amateur and professional wakeboard events…organized over 10,000 global events to date.’ www.thewwa.com

The success of Wakestock 2014, the collaborative efforts of event

organizers/agencies/Township and the technical debrief, form a solid foundation for future planning of WWA sanctioned events in Muskoka Lakes.

Requirements outlined by governing bodies ensure public health, safety and

security measures are met. In a timely fashion, event organizers must meet


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requirements outlined by the respective agencies including: the Alcohol and Gaming Commission of Ontario, the Ontario Provincial Police, the District Municipality of Muskoka, the Simcoe Muskoka District Health Unit and the Township of Muskoka Lakes.

Requests that require consideration will be submitted, in writing, for consideration

at a future meeting. Proposed 2015 Wakestock dates: August 6 - 9, 2015. FINANCIAL: N/A


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September 24, 2014

To: Township of Muskoka Lakes Attn: Lisa McMurray, Community Economic Development Coordinator

cc Richard Hayes, Fire Chief

cc Cheryl Mortimer, Clerk

Wakestock World Series Festival

LETTER OF INTENT

Based on positive discussion with Township of Muskoka staff, OPP, District of Muskoka staff,

AGCO and other agencies during the Wakestock 2014 Technical Debrief Meeting held

September 17, 2014 at the Township offices, this letter is to inform that Wakestock would like to

confirm it's dates for 2015 as August 6-9 at Bush's Watersports Park in Bala.

Wakestock also requests that if possible, to have a delegate present at the October 19,

Committtee of the Whole to address any questions that may arise.

Thank-you for your time and consideration.

Sincerely,

Steve Jarrett

Wakestock


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AGENDA -€COMMITTEE OF THE€WHOLE€MEETING Tuesday, … · progress of plans for the Township...

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