Council Meeting Agenda – July 27^th, 2010

The Corporation of the Township of Lake of Bays

A G E N D A

There will be a regularly scheduled meeting of Council held at 1:00 p.m., on June 27^th, 2010 in the Council Chambers of the Township of Lake of Bays Municipal Offices, Dwight, Ontario.

NOTE:  A closed session is scheduled to commence at the end of the meeting

1.       MEETING CALLED TO ORDER

2.       APPROVAL OF AGENDA

3.       DISCLOSURE OF PECUNIARY INTEREST

4.       TENDERS 

          a)       2010-13        Request for Tender

                                        Bellwood Acres Road Culvert Replacement

b)       2010-14        Request for Quotation

                                        Re:  Township Front Reception Area - Renovation

          b)       2010-15        Request for Quotation

                                        Re:  Roof Repair and Install File Storage Room

5.       DEPUTATION/DELEGATIONS

a)       1:15 p.m.      Thomas Ransom

Re:  Presentation of 2010 Township of Lake of Bays

Youth Achievement Award

b)              1:25 p.m.      Scott Aitchison, Chair

Myke Malone, General Manager

Re: 2010 Ontario Winter Games Final Report

c)              1:35 p.m.      Susan Grant

                              Haystack Bay Marine

Re:  Norway Point Park

d)       1:45 p.m.      Carol Campbell

                              Friends of Norway Point

                              Re:  Norway Point Park

Additional Delegation Requests Requiring Council Approval Pursuant to

Section 2.19(d) of By-law 07-160

e)       1:55 p.m.      Collin Reaney

Dorset Planning Group

Re:  Funding Projects Update

f)        2:05 p.m.      Dave Meston

                              Water Access Cottagers Association

                              Re:  Norway Point Park

6.       MINUTES

          (a)      To Be Adopted

(i)              Council Meeting Minutes – May 25^th, 2010.  (23pgs/726KB)

(ii)       Special Council Meeting Minutes – April 26^th, 2010.  (3pgs/103KB)

(iii)      Finance and Corporate Services Committee Meeting Minutes – May 11^th, 2010.  (7pgs/151KB)

(b)      To Be Received

(i)              Heritage Advisory Committee Meeting Minutes – May 4^th, 2010.  (5pgs/135KB)

(ii)             Parks, Recreation and Trails Advisory Committee Meeting Minutes – April 7^th, 2010.  (8pgs/197KB)

(iii)            Parks, Recreation and Trails Advisory Committee Meeting Minutes – May 5^th, 2010.  (8pgs/207KB)

(iv)           Norway Point Advisory Committee Meeting Minutes – April 30^th, 2010.  (7pgs/218KB)

(v)             Norway Point Advisory Committee Meeting Minutes – May 28^th, 2010.  (7pgs/261KB)

(vi)           Community Emergency Management Program Committee Meeting Minutes – January 18^th, 2010.  (6pgs/108KB)

7.       COMMITTEE RESOLUTIONS FOR CONSIDERATION

(a)             Finance and Corporate Services Committee

i)                BE IT RESOLVED THAT the Finance and Corporate Services Committee receive the staff report entitled “Municipal Insurance Coverage” dated July 13^th, 2010; and

                                                    FURTHER, recommends to Council confirmation of the potential savings.

ii)               WHEREAS the Finance and Corporate Services Committee receive the staff report “Compliance Audit Committee – Terms of Reference” dated July 13^th, 2010; and

AND WHEREAS on March 23^rd, 2010, Council passed Resolution No.#8(e)(iii)/03/23/10 to accept in principle the concept of a Muskoka-Wide Compliance Audit Committee and directed the Clerk to work with the Muskoka Area Clerks and report back at a future meeting;

AND WHEREAS the Muskoka Area Clerks have met and established a Draft Terms of Reference for such a committee as per the requirements of the Municipal Elections Act, 1996;

NOW THEREFORE BE IT RESOLVED THAT the Finance and Corporate Services Committee recommend to the Council of the Corporation of the Township of Lake of Bays that the Terms of Reference for the Muskoka Compliance Committee be adopted.

iii)              WHEREAS the Finance and Corporate Services Committee receive the staff report “By-law Enforcement 2010” dated July 13^th, 2010; and

                              NOW THEREFORE BE IT RESOLVED THAT the Finance and Corporate Services Committee recommends that the Council of the Corporation of the Township of Lake of Bays approve the regular by-law enforcement for 2010 monitoring current under expenditures and surplus revenues.

iv)             WHEREAS the Parks, Recreation and Trails Advisory  Committee of the Township of Lake of Bays hereby receives the staff report “Rabbits Bay Landing Rehabilitation” dated April 26^th, 2010 on the rehabilitation of the stream located near the municipal dock and boat landing known as Rabbits Bay Landing; and

BE IT RESOLVED THAT the Parks, Recreation and Trails Advisory Committee and the Finance and Corporate Services Committee recommend to the Council of the Corporation of the Township of Lake of Bays that this project be approved with funding from Bigwin Fish Fund and the approved 2010 budget allocation of $5,000.

(v)            WHEREAS the Parks, Recreation and Trails Advisory  Committee of the Township of Lake of Bays hereby receives the staff report “Dwight Rink Repairs” dated April 26^th, 2010; and

BE IT RESOLVED THAT the Parks, Recreation and Trails Advisory Committee and the Finance and Corporate Services Committee recommend that Council approve the upgrades for the Dwight rink from the Parks Reserve Fund for approximately $28,000 subject to a written winter maintenance agreement to be signed by all parties (i.e. snow removal and flooding)

(vi)           WHEREAS the Parks, Recreation and Trails Advisory  Committee of the Township of Lake of Bays hereby receives the Chair’s report “Volunteer Appreciation Reception” dated July 7^th, 2010;

AND WHEREAS in accordance with the Township of Lake of Bays Volunteer Recognition policy, the municipality, shall host an annual Volunteer Appreciation Reception to acknowledge and affirm the exemplary efforts of individuals and organizations who willingly donate their time towards the betterment of our communities;

THEREFORE BE IT RESOLVED THAT the Parks, Recreation and Trails Advisory Committee and the Finance and Corporate Services Committee recommends to Council the approval of $1,000 to host the 2010 Volunteer Appreciation Reception to recognize the dedicated volunteers and organizations for their outstanding contributions within the municipality.

(vii)          WHEREAS the Finance and Corporate Services Committee receives correspondence from J.W. Tiernay, Executive Director, Ontario Good Roads Association, re:  Minimum Maintenance Standards (MMS) Litigation Fund Request;

AND WHEREAS the Minimum Maintenance Standards were created to help Ontario municipalities manage their risk against claims of personal injury and property damage alleging inadequate maintenance of municipal roads;

AND WHEREAS an application has been filed with the Superior Court of Justice to have the Minimum Maintenance Standards declared null and void, which for municipalities who are exercising due diligence and maintaining their roads in good repair and who are providing excellent winter maintenance will no longer have a viable defence against spurious claims of liability and high insurance premiums;

NOW THEREFORE BE IT RESOLVED THAT the Finance and Corporate Services Committee recommends to the Council of the Corporation of the Township of Lake of Bays the financial contribution of $1,000 towards the Minimum Maintenance Standards Litigation Fund.

(viii)        BE IT RESOLVED THAT the Finance and Corporate Services Committee recommend to Council that staff be requested to prepare a letter to Norm Miller, MPP and Minister of Transportation, Kathleen Wynne, of opposition to the OHIP subrogation clause in Bill 16 – Creating the Foundation of Jobs and Growth Act.

(b)            Heritage Committee

i)      BE IT RESOLVED THAT the Heritage Advisory Committee wishes to apply for a Muskoka Community Futures Initiative Grant for funding assistance towards the publishing of the Dorset Historical Walking Tour brochure and the creation of the North Portage Settlement Historic Plaque;

AND FURTHER, that the Heritage Advisory Committee hereby recommends to the Council of the Township of Lake of Bays the support and approval of the grant application.

(c)             Parks Recreation and Trails Committee

Nil

(d)            Community Emergency Management Committee

Nil

(e)             Norway Point Advisory Committee

i)        WHEREAS the Norway Point Advisory Committee (NPAC) hereby receives the staff report “Norway Point Permit Fee Structure” dated May 28^th, 2010;  (6pgs/943KB)

          FURTHER NPAC recognizes the importance of addressing such issues as vehicular parking, docking, boat launching and water front parkland;

          FURTHER that NPAC accepts Table 1 of said report that illustrates the different ways to apply a fee structure with example charges between “day use”, “short term” and “seasonal” permits;

          THEREFORE BE IT RESOLVED THAT the NPAC recommends to the Council of the Corporation of the Township of Lake of Bays Table 1 (Norway Point Parking and Docking Fee Structure) and the creation of an agreement, policy and pro forma for said changes to By-law #08-10, being a By-law to Designate and Regulate Public Parks and Parkland in the Township of Lake of Bays.

ii)       WHEREAS the Norway Point Advisory Committee (NPAC) hereby receives the staff report “Criteria for Norway Point Permit System” dated May 28^th, 2010;  (3pgs/113KB)

          AND WHEREAS the NPAC has discussed the criteria of the permit system for Norway Point;

          NOW THEREFORE BE IT RESOLVED THAT the NPAC recommends to the Council of the Corporation of the Township of Lake of Bays to develop a policy with respect to the implementation of the Norway Point Parking/Docking Permit System and a draft agreement accompany said policy.

8.       REPORTS AND BY- LAWS

(a)       Planning

Nil

(b)      Director of Public Works & Facilities

(i)              Report re: Summary of Water Test Results for May and June, 2010.                     (2pgs/60KB)

(ii)             Report re:  Grandview Lake Road Relocation  (3pgs/117KB)

          (c)      Chief Building Official & By-law Enforcement

(i)              Report re:  Norway Point Park Chronology  (7pgs/173KB)

(ii)             Report re: Draft Norway Point Master Plan  (19pgs/10,910KB)

(iii)            Report re:  Building Reports for the Month of May and June, 2010.  (4pgs/82KB)

(iv)           Report re:  Noise Exemption Application (Lake of Bays Fire Department)  (1pg/27KB)

(v)      Report re: Noise Exemption Application (Eichler & Basko)  (1pg/26KB)

(vi)     Report re:  By-Law Activity Report May and June 2010  (3pgs/67KB)

          (d)      Fire Chief

                    Nil

 (e)     Clerk

Nil

 (f)      Deputy Clerk

(i)              Reports and By-laws re:  Original Shore Road Allowance and Original Road Allowance

(ii)      By-laws & Reports re:  Licence of Occupation

(iii)      Other

(a)      Report re:  Notice of Intention to Designate (Moffat Property – “Korea Cottage”)  (3pgs/101KB)

(b)      Report re:  Summary Report of Delegation of Powers for June and July, 2010.  (2pgs/60KB)

(c)       Report re:  Exchange of Lands (Trudeau) Heney Lake Road, Pt Lot 15, Concession 5, McLean Ward.  (4pgs/112KB)

(d)           Report re:  LOC Monthly Summary Report from May 1^st to June 30^th, 2010.  (1pg/26KB)

(e)           Report re:  Sign By-law #07-137 – Revisions to Schedule “D” Election Signs  (1pg/31KB)

By-law #10-76, being a by-law to amend Schedule “D” (Election Signs) of By-law 07-137 to prohibit and regulate signs and other advertising devices within the Township of Lake of Bays.

(f)       Report re:  Delegation of Routine Council Powers and Duties – Parks By-law #08-10.  (2pgs/48KB)

By-law #10-77, being a by-law to delegate routine Council powers and duties to staff.

(g)      Resolution re:  Dissolution of Norway Point Advisory Committee

WHEREAS the Norway Point Advisory Committee was established by Council on January 26^th, 2010 by Resolution # 8(c)(ii)/01/26/10 for the purpose of creating a master plan for the organized development of Norway Point Lands;

AND WHEREAS the Norway Point Advisory Committee has fulfilled the terms of reference as set out by Council;

THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Lake of Bays hereby approves the dissolution of the Norway Point Advisory Committee.

(g)      C.A.O./Treasurer

(i)       By-law #10-78, being a by-law to authorize the Mayor and Clerk to sign an agreement between the Ministry of Community and Social Services/Ministry of Children and Youth Services and the Corporation of the Township of Lake of Bays for Small Water Works Funding.

9.       CORRESPONDENCE

(a)       Valerie Jones, Account Manager, Municipal Property Assessment Corporation re:  Property Roll No. 4427 010 013 07600.  (4pgs/109KB)

(b)       Winnie Ellis, re:  Baysville Riverfront Wooden Gazebo.  (1pg/32KB)

10.     MUNICIPAL COUNCILLORS’ REPORTS

(a)            Councillor Boivin

Councillor Boivin reported on the following:

Rabbit’s Bay

·       Has gone through a metamorphosis;

·       The stream has been rehabilitated with rip/rap large dimensional stone on the perimeter preventing trucks and cars from getting close to the stream;

·       The waterfront has been stabilized with cobble and native species have been planted to stabilize the shoreline;

·       Large pines have been planted for shade and to protect the stream;

·       Large concrete blocks used for G8 security have been donated to create a concrete ramp for contractors.

Core Broadband Communication Tower – Sugarbush Road

·       Attended meeting between Core Broadband and residents at the proposed site

·       At least 16 residents were present to discuss the impact of a proposed tower on municipal land;

·       This tower will provide hi-speed Internet to perhaps 50 to 60 seasonal and permanent homes.

          (b)      Councillor Burgess

          (c)      Councillor Cote

Councillor Cote reported on the following:

Ratepayer’s of Austin Lane

·       Petition received to properly repair Austin Lane

(d)      Councillor Casey

Councillor Casey reported on the following:

Summer in Muskoka Magazine

·     Worked with Muskoka Magazine staff to have four Lake of Bays municipal trails included.

·     This is the first time Lake of Bays trails have been included in this well used magazine.

·     Trails included are Dwight Beach Walking Trail, Oxtongue Rapids Hiking Trail, Paint Lake Covered Bridge Walking Trail and Ronville Walking Trail.

Community Plans

·     Attended Dwight Improvement Group meeting June 15^th; good participation and ideas discussed.

·     John Lilly has completed one project by painting one of the beach picnic tables Carnival Red.

·     Attended Dorset meeting on June 16^th; great participation and many projects underway.

Various Community Events

·       Baysville Curling Club annual Surf n’ Turf dinner – July 3^rd

·       Canada Day Fireworks hosted by Station 40 firefighters – July 3^rd

·       Friday Farmers Market hosted by the Baysville Community Group – more vendors and bigger crowds this year.

·       Strawberry Social hosted by Rafters and Bearfoot Gourmet in Baysville – July 11^th.

·       Building Services meeting at the Baysville Arena hosted by the Township of Lake of Bays Building Department – July 20^th.

·       Baysville Walkabout – July 24^th.

2010 Ontario Winter Games

·     Press conference on July 9^th to announce $174,000 legacy fund from the 2010 OWG.

·     I have accepted a position on the 2010 Legacy Committee to ensure that the township is well represented in the disbursement of these funds.

·     First committee meeting is July 27^th.

Lake Association Meetings

·       Ril Lake – July 3^rd

·       Echo Lake  - July 3^rd

·       Lake of Bays – July 10^th

Creative Muskoka Workshop – July 6^th

·       Obtained copy of Creative Economy Stats Canada data for the township.

Parks, Recreation and Trails Advisory Committee

·       All 7 trails have been marked and trailhead signs are being produced and will be installed in the near future.

Various Requests from Constituents

·       Request for Share the Road signs on various township roads (e.g. Fairy Falls Road, Dwight Beach Road, etc.)

·       Funding may be available through Federation of Canadian Municipality and should be considered for 2011 budget.

(e)      Councillor Ross

(f)       Councillor Tapley

11.     MAYOR’S REPORT

12.     CLOSED SESSION

that in accordance with Section 239, (1), (2), (3) and (3.1) of the Municipal Act, c. 25, S.O. 2001, as amended, the Council of the Corporation of the Township of Lake of Bays will convene in Closed Session for discussion regarding:

(a)      litigation or potential litigation, including matters before administrative           tribunals, affecting the municipality or local board;

(i)              By-law Department

(b)      litigation or potential litigation, including matters before administrative           tribunals, affecting the municipality or local board;

(i)              Public Works and Facilities

13.     BUSINESS ARISING FROM CLOSED SESSION

14.     CONFIRMING BY- LAW

(a)            By-law #10-79, being a by-law to confirm the proceedings of the meetings of Council held on July 27^th, 2010.

15.     ADJOURNMENT