TOWNSHIP OF GEORGIAN BAY COUNCIL

Transcription

1 TOWNSHIP OF GEORGIAN BAY COUNCIL Minutes of the Council meeting held on Monday, June 20, 2005, at the Baxter Ward Community Centre, Port Severn, Ontario. MEMBERS PRESENT: Councillor J. BOWDEN Councillor L. BRAID Councillor H. JACKSON Councillor L. KEALL Mayor M. KENNEDY Councillor P. WIANCKO TOWNSHIP OFFICIALS: B. Munro, CAO-Clerk/Treasurer C. Mintoff, Deputy Clerk D. Parks, Manager of Planning and Community Development and Secretary-Treasurer of Committee of Adjustment T. Weatherell, Planning Technician J. Krynicki, Director of Community Services 1. The Meeting was called to order at 9:00 a.m. 2. Pecuniary Interest - NONE 3. Closed Session JACKSON BOWDEN WHEREAS, Section 239(2), of the Municipal Act, 2001, provides authority for Councils of Municipalities to close a meeting or parts of a meeting to the public, if the subject matter pertains to one of the following matters. BE IT RESOLVED THAT the Council of the Township of Georgian Bay moves into a Closed Session of Council at 9:00 a.m. to discuss an item which relates to: personal matters about an identifiable individual, including municipal or local board employees; labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and a proposed or pending acquisition or disposition of land by the municipality or local board. C BOWDEN JACKSON BE IT RESOLVED THAT the Council of the Township of Georgian Bay rise from Closed Session at 10:10 a.m. with no report. C Matters arising from the Closed Session NONE COUNCIL MINUTES JUNE 20, 2005 PAGE 1 OF 22

2 5. Public Meetings & Committee of Adjustment A. Public Meeting under the Municipal Act, 2001, to consider Road Closings i) Applicant: Township of Georgian Bay By-law No.: Location: Concession 7, Lot 30, Part Lots 28, 29, 31, 32 and 37, Baxter Ward 151 and 201 Macey Bay Road Representation: Peggy and Claire Shaver Opposition: Cass Bell, QC The Manager of Planning and Community Development ( Planner ) explained that the purpose of the closing of the shore road allowance was a land exchange with the Shaver Families. The shore road would be exchanged for the private property owned by the Shavers that Macey s Bay Road currently impedes on. Mr. Cass Bell, QC, asked for the matter to be deferred in order for the new property owners of an nearby property to have the opportunity to review the proposal. The Council heard that the Township s solicitor had been involved in the process of legalizing Macey s Bay Road and that the road was currently on private property. The Council inquired as to how many properties were actually involved in the land exchange. The Planner provided that there were five properties involved. The Council discussed the zoning in the area and heard that the zoning of the properties would not be affected with the land exchange. Mrs. Peggy Shaver clarified that only two families were involved in the land exchange and the exchange was sixty-six feet of shore road allowance for a sixty-six feet road allowance. The Council discussed the areas where Macey s Bay Road runs on the shore road allowance. The Planner commented that the Township would hold ownership of such areas. ii) Applicant: Thomas Lane and David Ladd By-law No.: Location: Concession 6, Lot 34, Baxter Ward, 123, 127 and 131 Osprey Way Representation: Mr. Tom Lane The Planner reviewed the application and added that the owners were purchasing their shore road allowance in order to consolidate their holdings. Mr. Lane advised that he was present on behalf of Mr. Ladd since Mr. Ladd was hospitalized. He informed Council that the other property owners in the area had already purchased their shore road allowance. The Planner commented that the properties were developed and that structures are currently on the shore road allowance. iii) Applicant: Victor and Patricia Slobodian By-law No.: Location: Concession 16, Lot 21, Gibson Ward, 225 Sugar Loaf Lane The Planner reviewed the application and provided that the property was on Six Mile Lake but had road access. COUNCIL MINUTES JUNE 20, 2005 PAGE 2 OF 22

3 The Council inquired as to whether there were any wetlands in the area. The Planner explained that if a property is located on a Class 1 Fish Habitat Zone, the Ministry of Natural Resources requires the owners to enter into a Site Plan Agreement with the Township prior to the Township closing the shore road. He added that this property did not fall under this category. iv) Applicant: Gordon and Wendy Shedden By-law No.: Location: Concession 10, Lot 38, Baxter Ward, 2 and 10 Ellery Road The Planner reviewed the application and provided that the property was in the Honey Harbour area. No other comments were received. v) Applicant: Timothy and Annette Pawlowski By-law No.: Location: Concession 13, Lot 32, Baxter Ward, Georgian Bay Shore The Planner reviewed the application and provided that the property was on North Bay. No other comments were received. vi) Applicant: Trena Lewis and Dongsug Ham By-law No.: Location: Concession 3, Lot 2, Freeman Ward, 247 Wesley Road The Planner reviewed the application and provided that the property was on Myers Lake, also known as Butterfly Lake. The Planner commented that many of the neighbours had already purchased the shore road allowance. The Council discussed the size of the lot and heard that most lots in the area were of a similar size. The Planner informed the Council that the property was already developed. vii) Applicant: Dale MacDonald By-law No.: Location: Concession 4, Part Lot 20, Baxter Ward, 22 Millard Drive The Planner reviewed the application and added that the property is on the Trent Severn Waterway, which would have other regulations regarding structures on the waterfront. The Council again discussed wetlands and were informed that the owners had agreed to enter into a Site Plan Agreement in order to complete the application. viii) Applicant: Cynthia Eveline Wingfelder By-law No.: Location: Concession 4, Lot 20, Baxter Ward, 32 Millard Drive Representation: Peggy and Claire Shaver COUNCIL MINUTES JUNE 20, 2005 PAGE 3 OF 22

4 Opposition: Cass Bell, QC The Planner reviewed the application and provided that the application had been deferred due to a court case involving the abutting road. He added that the legal matter had been resolved and the Township is able to move forward with the shore road closing process. ix) Applicant: Jack McClelland By-law No.: and Location: Concession 9 and 10, Part of Broken Lot 24 and Lot 24, Baxter Ward 103 Severn River and 266 White s Falls Road Representation: Mr. Jerry Jordan The Planner reviewed the application and provided that one property was developed and the other vacant land. No other comments were received. x) Applicant: Donna Blyskis By-law No.: Location: Concession 6, Part of Lots 34 and 35, Baxter Ward, 16 Seaweed Cresent Representation: Mr. and Mrs. Blyskis Opposition: Mr. Witzke on behalf of Agnes Witzke The Planner reviewed the application and added that the Township had received a letter of objection. The Council heard that the concern from the abutting neighbour was that the shore road closing would impede on their access to their property. The Planner advised that closing the shore road allowance that abuts the Blyskis property would not limit or impede on the neighbours water access from and to their own property and that the shore road being closed was only the lands lying directly in front of the Blyskis property. Mr. Witzke expressed that his mother was unfamiliar with such applications but having heard the explanation, there were no further objections from the Witzke family. Mr. Blyskis provided that they were now utilizing the property for their permanent residence and that the shore road allowance was currently developed. The Planner added that the area was done by a Plan of Subdivision in the 1970 s, and that the property had approximately twenty-six metres of frontage. xi) Applicant: Elaine Droy By-law No.: Location: Concession 5, Part Lot 21, Baxter Ward, 427 Sweet s Portage Road The Planner reviewed the application and provided that the owner wanted to consolidate her holdings. No other comments were received. xii) Applicant: Linda Sale-Morris By-law No.: Location: Concession 2, Lot 33, Baxter Ward, 40 Potato Island Drive COUNCIL MINUTES JUNE 20, 2005 PAGE 4 OF 22

5 The Planner reviewed the application and added that the property had recently been granted a Minor Variance. No other comments were received. xiii) Applicant: Hugh and Doris McCrimmon By-law No.: Location: Concession 9, Lot 38, Baxter Ward, 249 Baxter Loop The Planner reviewed the application and commented that the property was in the Honey Harbour area and currently developed. The Council inquired as to whether the property could be accessed by road. The Planner explained that the property had a right of way but was unsure if the right of way was deeded to the property. xiv) Applicant: Jessie Franck and Eileen Moreau By-law No.: Location: Concession 2, Lot 26, Freeman Ward, 156 Graham Road The Planner reviewed the application and provided that the property owners wanted to consolidate their holdings. No other comments were received. xv) Applicant: Joyce Furtney By-law No.: Location: Concession 10, Lot 4, Baxter Ward, 7392 Severn River Shore The Planner reviewed the application. The Council heard that the only land closed up an sold was the land above the regular water levels, all other land would remain in the Township s ownership. xvi) Applicant: Brian and Linda Crookes By-law No.: Location: Concession 10, Lot 32 and Part Lot 32, Gibson Ward 8816 Go Home Lake Shore The Planner reviewed the application and provided that the most of the neighbouring properties had closed their shore road allowance. No other comments were received. xvii) Applicant: Laurence and Deborah Hartshorn By-law No.: COUNCIL MINUTES JUNE 20, 2005 PAGE 5 OF 22

6 Location: Representation: Opposition: Concession 13, Lot 31, Baxter Ward, Georgian Bay Shore None None The Planner reviewed the application and provided that the property was a water access property from the North Bay. No other comments were received. xviii) Applicant: Tomasz Krupa By-law No.: Location: Concession 8, Broken Lot 23, Baxter Ward, 522 King s Farm Road The Planner reviewed the application and provided that the property was on a private road. No other comments were received. xix) Applicant: John Bronksill By-law No.: Location: Concession 4, Broken Lot 2, Freeman Ward, 179 Haggart Lake Road The Planner reviewed the application and provided that the property was south of MacTier. The Planner advised that much of the shore road allowance was classified as a wetland area and that the applicant was only closing the area not classified as wetlands to protect the Fish Habitat. The Council discussed the wetlands and the shape of the lot. xx) Applicant: Collett et al By-law No.: Location: Concession 14, Lots 15, 16, Six Mile Lake, Baxter Ward 1202, 1178 and 1164, 2866 Island 360, 20 Island 360 The Planner reviewed the application and provided that the property was in the Six Mile Lake area. The Planner added that the area is currently under a Subdivision Agreement. xxi) Applicant: Linda Reid By-law No.: Location: Concession 14, Lots 20 and 21, Baxter Ward, 21 Island Drive The Planner explained that this application was to close both the shore road and concession road allowance. The Council reviewed the map of the property, noting that the concession road separates the property from its back parcel. COUNCIL MINUTES JUNE 20, 2005 PAGE 6 OF 22

7 The Planner advised that the Township had contacted the private road association and that no comments had come forward. He added that the plan submitted did allow for a twenty metre wide road for the Sweets Portage Road. B. Public Meeting under the Planning Act to hear Zoning Amendments NONE C. Committee of Adjustment Council adjourned temporarily to hold Committee of Adjustment deliberations at 11:03 a.m. Council reconvened at 12:45 p.m. 6. Adoption of Consent Agenda KEALL BRAID BE IT RESOLVED THAT the Council of the Township of Georgian Bay adopt sections A1 to F8 inclusive, contained in Part 7 Consent Agenda dated June 20, 2005; With the exception of item 7(D)(vii); AND FURTHER THAT authorization be given for the action to be taken as may be necessary to give effect to the recommendations contained therein. C CONSENT AGENDA (Shaded Portion) A. Council, Committee, and Board Minutes (Only changes in the form or errors or omissions taken at a previous meeting may be made in adopting the Minutes. Other comments are out of order.) Minutes to be adopted: 1. Minutes of Regular Council Meeting May 30, Minutes of Regular Committee of the Whole Meeting May 30, Minutes of Special Meeting of Council June 13, 2005 KEALL BRAID BE IT RESOLVED THAT the minutes of regular meeting of Council and Committee of the Whole of May 30, 2005; and the minutes of the special meeting of Council of June 13, 2005, be adopted as circulated. C BRAID KEALL BE IT RESOLVED THAT the recommendations of the Committee of the Whole, and any recommendations made in department head reports presented at the May 30, 2005; meeting of Committee of the Whole, being (but not limited to): Planning Report #22-05 Consent B/9/10/05/GB for Schell (COW ) Planning Report #23-05 Consent B/11/05/GB for Lamon (COW ) Two Hatters (COW ) be adopted. C COUNCIL MINUTES JUNE 20, 2005 PAGE 7 OF 22

8 Minutes Received for Information Only: 1. Minutes of Committee of Adjustment May 30, 2005 B. Future Committee/Board/Community Group Meetings Public Works Committee June 21, 2005 CANCELLED Planning Committee June 21, 2005 CANCELLED Parks and Recreation Committee June 24, 2005 CANCELLED C. Award of Tenders NONE D. Routine Departmental Reports 1. CAO-Clerk s Consent Agenda Report June 20, 2005 D(i) Association of Municipalities of Ontario Environmental Penalties and Municipalities Effective Municipal Councillor Training Program 2005 Heads of Council Leadership Skills 2005 Fall Series Report To Members On May MOU Meeting D(ii) Ontario Municipal Board Withdrawal of Appeal re: Rooke D(iii) Ministry of Consumer and Business Services Sixty Days To A New Era In Protecting Consumers and Businesses D(iv) Ministry of Public Infrastructure Renewal ReNew Ontario A New Five-Year Public Infrastructure Investment Plan D(v) Ministry of Labour McGuinty Government Introduces Legislation To End Mandatory Retirement D(vi) Ministry of Municipal Affairs and Housing Government Supports Growth Of Local Businesses Ontario Bolsters Provincial-Municipal Co-operation Peel Residents to get Fairer Regional Representation Province Appoints New Chair of the Ontario Rental Housing Tribunal Dr. Lilian Ma D(vii) Petition MacTier Residents re: Sidewalk Extension in MacTier to Town Limits E. By-laws Appointing a Septic Re-Inspector/Inspector KEALL BRAID BE IT RESOLVED THAT the Council of the Township of Georgian Bay hereby approves By-law , being a By-law to appoint such inspectors as are necessary for the enforcement of the Building Code Act. C COUNCIL MINUTES JUNE 20, 2005 PAGE 8 OF 22

9 F. Miscellaneous Correspondence for information only 1. Municipal World June 2005 Edition 2. Muskoka Watershed Council News May Muskoka Watershed Council Position Papers Draft Muskoka Air Quality and Draft Aggregate Resources 4. The Ontario Fire Service Messenger March/April 2005 Edition 5. The Greater Georgian Bay Reptile Awareness Program Spring Newsletter 6. Durham Environmental Advisory Committee The Big Picture Environmental Planning in Ontario 7. PPSR Review Managing Waste Responsibly 8. Invading Species Watch 2004 Annual Report Council broke for a working lunch at 12:45 p.m. JACKSON BOWDEN WHEREAS, Section 239(2), of the Municipal Act, 2001, provides authority for Councils of Municipalities to close a meeting or parts of a meeting to the public, if the subject matter pertains to one of the following matters. BE IT RESOLVED THAT the Council of the Township of Georgian Bay moves into a Closed Session of Council at 12:50 p.m. to discuss an item which relates to: personal matters about an identifiable individual, including municipal or local board employees; labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and a proposed or pending acquisition or disposition of land by the municipality or local board. C BRAID KEALL BE IT RESOLVED THAT the Council of the Township of Georgian Bay rise from Closed Session at 2:05 p.m. with a report. C Due to the sizeable crowd that gathered to hear Council deliberations, Council moved into the gymnasium to continue deliberations. KEALL BRAID WHEREAS since the construction of the Township offices in 1973 there have been several reports and proposed projects, and many renovations of varying degree to address the incremental growth in staff, to provide a more efficient work environment, and to accommodate public service requirements; AND WHEREAS substantial costs were incurred for these past studies and minor renovations; AND WHEREAS many of the space problems and deficiencies noted in past reports still existed in 2003; AND WHEREAS in 2001 the municipality authorized a Space Needs Assessment which examined a straight forward renovation project and recommended a study of the future long range needs of the COUNCIL MINUTES JUNE 20, 2005 PAGE 9 OF 22

10 municipality in a two step process that included studying the space requirements, the relationship between departments, public access, security, expansion potential, and an overall site evaluation; AND WHEREAS only a portion of the proposal received budget approval in 2002; AND WHEREAS the space needs were re-addressed in 2003, the project was revisited and received approval to proceed; AND WHEREAS research conducted between May and September of 2003, was compiled in a document titled Space Needs Assessment and Solutions for the Township Offices, and was presented to Council in October 2003; AND WHEREAS this document of approximately 70 pages noted a number of serious deficiencies, and considered a number of options including renovation or expansion or construction of new facilities, and examined a number of potential sites; AND WHEREAS several of the deficiencies, noted conditions that appeared to have a clear relationship to the health and safety of both the Township employees and members of the public who frequented the building. These included crowded conditions, fire separation deficiencies, less than adequate fire exit routes, presence of exhaust fumes, and the possible presence of mould accumulation; AND WHEREAS it was confirmed that the health and safety of the staff was to be considered a priority in any decision to be made; AND WHEREAS it was noted that contingency plans should be in place to relocate staff should that be required; AND WHEREAS it was recognized that the existing structure was not cost-effective, staff were directed to investigate the matter of a new facility that would accommodate future growth and also possible sources of funding to offset the costs; AND WHEREAS resolution C was adopted on February 2, 2004 as follows: WHEREAS the Council of the Township of Georgian Bay is aware that some of the Township s facilities are inadequate to satisfy the Township s current and future space needs; AND WHEREAS interest rates are low; AND WHEREAS current facilities are not cost-effective; AND WHEREAS the public s views are desired for the benefit of Council before any commitment be made on any major building project to address the space needs requirements. NOW THEREFORE BE IT RESOLVED THAT: 1. the firm of Roderick H. Young be retained to prepare a preliminary design and construction budget for consideration by Council within 3 months of today s date; and 2. that Council hereby declares its intent to seek public input for any such project before taking any subsequent steps. COUNCIL MINUTES JUNE 20, 2005 PAGE 10 OF 22

11 AND WHEREAS on February 3, 2004 it was also decided that experts be called in to investigate the extent of the deficiencies including life safety concerns, engineering, and ventilation; AND WHEREAS the report prepared by the firm of R.H. Young entitled Assessment of Existing Conditions examined regulatory legislation and the deficiencies under each Act or regulation, which concluded that the existing offices are not in compliance with various aspects of the following legislation: Ontario Building Code Ontario Fire Code Occupational Health and Safety Act of Ontario Municipal Act Ontarians with Disabilities Act Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code Personal Information Protection and Electronic Documents Act. AND WHEREAS the mechanical and electrical assessments conducted by M. Dwyer, Professional Mechanical and Electrical Engineer with 19 years experience, of M. Dwyer Engineering identified deficiencies estimated to cost $147, to correct; AND WHEREAS the air quality assessment conducted by Steve Hawkins, Certified Hygienist and Registered Occupational Hygienist with over 20 years experience, from the firm of Ledher Environmental Service Ltd., identified concerns relating to carbon dioxide levels, lack of adequate temperature control, improper ventilation, and the presence of mould; AND WHEREAS it was determined that a further mould assessment was required; AND WHEREAS the Mould Investigation Report noted the presence of Aspergillus and Penicillium mould, which are hydrophilic, and indicative of significant or prolonged water intrusion; AND WHEREAS the Mould Investigation Report noted the presence of high levels of mould growth in and under the second sub-floor that has the potential to cause adverse health effects in susceptible individuals and exacerbate pre-existing health conditions, i.e. allergies and asthma; AND WHEREAS the Executive Summary of the Mould Investigation Report was shared with Council and subsequently reviewed by the Joint Health and Safety Committee; AND WHEREAS it was agreed that in consideration of the due diligence requirements, given the recorded deficiencies, and the presence of mould, that the most appropriate course of action would be to relocate the staff; AND WHEREAS as per the direction given in resolution C the firm of Roderick H. Young presented a preliminary design and construction budget for consideration by Council on May 11, 2004 and Council directed that a public meeting be held on May 14, 2004 to seek public input before taking any subsequent steps; AND WHEREAS as a result of the public meeting Council directed further investigations with regard to the costs of repairing all of the deficiencies, the cost associated with an addition to the existing building, and reductions in the cost of the proposed new building; COUNCIL MINUTES JUNE 20, 2005 PAGE 11 OF 22

12 AND WHEREAS that investigation included more extensive engineering review, which concluded structural problems with the roof and garage wall, severe cracking in the exterior block, lack of adequate insulation, excessive moisture, and corrosion; AND WHEREAS a second public meeting was held on July 8, All of the professionals involved in the investigations were present, to review their reports; AND WHEREAS Council heard several delegations from concerned ratepayers including July 19, 2004 and August 9, 2004 and an hour and a half presentation on March 7, 2005; AND WHEREAS a third public meeting was held on September 13, 2004 during which the municipality reviewed the dates that discussions were held with regard to the proposed administration building and the Mayor reported on additional reports provided by The Muskoka-Parry Sound Health Unit and Pinchin Environmental; AND WHEREAS the report from The Muskoka-Parry Sound Health Unit provided a review of the findings in the two previous Air Quality reports detailing the potential adverse health effects including: - allergic and other immune-mediated mechanisms such as asthma, hay fever and hypersensitivity pneumonitis - infectious diseases such as illnesses immunocompromised individuals from normally nonpathogenic species - potential toxic effects from mycotoxins (changes in lymphocytes and neurobehavioural and cognitive effects) - and potentially carcinogenic effects AND WHEREAS the Pinchin Environmental report confirms the previous mould assessment and notes spore concentrations on the second floor and excessive moisture in several areas; AND WHEREAS the municipality initiated a Request for Proposal seeking a Project Manager to review the data compiled to date and to carry the process forward; AND WHEREAS the municipality authorized the engagement of services of Design Connection International as Engineering Consultants; AND WHEREAS Council established a committee consisting of Councillors Braid, Jackson and Keall and the CAO to assist in the review being conducted by the project manager; AND WHEREAS following a review of approximately 17 reports, a tour of the administration building, and discussions with Council and staff, the project manager recommended five tasks as the next steps in the process, being: 1. To confirm/review/finalize a preliminary floor plan 2. To do further bore hole testing in various locations and confirm site preparation requirements 3. To create an inventory listing of office equipment and furnishings and identify shortfalls 4. To review and finalize EOC requirements and determine if they are a part of the scope of this project COUNCIL MINUTES JUNE 20, 2005 PAGE 12 OF 22

13 5. To request submissions from interested companies for pre-qualification by advertising in the Daily Commercial News, which is a process that does not commit Council in any way; AND WHEREAS it was agreed that the municipality advertise for expressions of interest from companies that wish to be considered in a Design / Build process; AND WHEREAS that process yielded approximately seventeen responses that were then evaluated and narrowed to a selection of 6 companies to move forward; AND WHEREAS the committee re-examined past proposals for renovations and or additions to the old building; AND WHEREAS it has been determined that the cost of repairs to the existing building would be well in excess of one million dollars and these figures would not include a Council Chambers/EOC, the relocation of the public works garage, or provincial legislation taking effect in 2008 regarding accessibility; AND WHEREAS the existing fire hall is not of adequate size to safely accommodate our fleet of emergency service vehicles, proper storage of all personal protective equipment and for training sessions; AND WHEREAS investigations into converting the administration building into a public works/fire hall were cost prohibitive compared to a new pre-engineered building; AND WHEREAS the design-build proposals were reviewed in consideration of costs and space needs, design, emergency operations centre/council chambers and fire hall/ public works requirements; AND WHEREAS in accordance with the Municipal Act, 2001, the Treasurer has provided an updated Annual Debt Capacity; AND WHEREAS the Council of the Township of Georgian Bay approved the passage of By-law on June 13, 2005, being a By-law to authorize spending and incur debt; AND WHEREAS on June 13, 2005, the District Council approved the debt capacity, the interim financing and the request to debenture on behalf of the municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Georgian Bay approve the design build concept, as revised, from the firm of Kiwi-Newton for a new administration office complex and a combined Public Works/Fire Hall building and authorize proceeding with the appropriate construction by-law. A recorded vote was requested Councillor J. BOWDEN YEA Councillor L. BRAID YEA Councillor H. JACKSON YEA Councillor L. KEALL YEA Mayor M. KENNEDY YEA Councillor P. WIANCKO YEA C COUNCIL MINUTES JUNE 20, 2005 PAGE 13 OF 22

14 Some members of the gallery began shouting and held up signs expressing their dissatisfaction with the passing of the resolution. In an attempt to maintain order and decorum Mayor Kennedy asked that the signs be lowered as they were inappropriate and out of order at a Council meeting and that any signs must be taken outside if anyone wished to display them. Mayor Kennedy also asked for the crowd to respect the proceedings of Council. The President of The Georgian Shield Taxpayers Association asked if any debate would take place. Mayor Kennedy advised that this is not a public meeting, but rather a regular meeting of Council and that no debate would be taking place and that the members of the gallery were in attendance to listen to Council deliberations. He advised that no delegations were scheduled today; therefore, comments from the gallery were out of order and would not be permitted. 8. REGULAR AGENDA A request was made to suspend the rules of procedure to allow the consideration of a by-law immediately following adoption of today s Agenda. Unanimous verbal approval of all members of Council was granted to suspend the rules of procedure and allow for the addition. (as per section 20 of the Procedural By-law) BRAID KEALL BE IT RESOLVED THAT the Council Agenda dated June 20, 2005, be adopted, as amended with the addition of: Under Section 12(i) report from the Director of Community Services regarding awarding a truck tender; Under Section 8 as item A. By-law Being a By-law to authorize spending and incur debt to finance and to contract for a new Municipal Administration Facility and a combined Public Works/Fire Hall Facility. C Some members of the gallery as well as the President of The Georgian Shield Taxpayers Association (the Association ) persisted with many outbursts. Mayor Kennedy requested that the President of the Association leave the meeting, which she refused to do. Due to the unruly nature of many members of the gallery, and to ensure the safety of all present and the security of the facility, Ontario Provincial Police presence was requested. 8A. By-law JACKSON BOWDEN of By-law being a by-law to authorize spending and incur debt and to finance and contract for a new Municipal Administration Facility and a combined Public Works/Fire Hall Facility. C After a 15 minute break in order to clear the gymnasium and move the remainder of the meeting back to their usual Council chambers in the Lounge, Council reconvened their regular meeting. 9. Communications from the Mayor and Council Councillor Bowden indicated that this has been a long process. He said that the taxpayers of the Township of Georgian Bay expected that due diligence would be followed throughout this process and Council felt strongly that all of the decisions that have been made with respect to this project have come about as a result of the due diligence of Council. Councillor Bowden expressed special thanks to COUNCIL MINUTES JUNE 20, 2005 PAGE 14 OF 22

15 Councillors Braid, Jackson, and Keall, indicating that each has worked with the Project Manager on different aspects of this project. He noted that the hard work of this Council and the staff of this municipality has resulted in the cost of the project being half of what the original estimate was. Councillor Bowden said he felt that the work performed by Council and the processes followed to date with respect to this project had been done in the face of unfair opposition and that Council should be congratulated for sticking to the business at hand and keeping the bigger picture in sight with respect to what the ratepayers of this municipality need and deserve. He noted that it was unfortunate that deliberations regarding this project were unable to be dealt with in open sessions of Council, but that two legal opinions were sought by Council and both opinions were that the matter should be dealt with in closed session in accordance with applicable law. Councillor Keall suggested that if people had taken the opportunity to read the reports written by the experts hired by Council, and not listen to commentary from other sources, half of the people would not have been here today. Councillor Jackson reviewed the costs per square foot for the project, being under $ down from the initial figure of $ per square foot, and that Council should be congratulated for this achievement. It was noted that not many cottages are being built these days at that price. Mayor Kennedy congratulated Council for moving forward with the project and noted that this is the third go round over the years for this type of project. He noted that there was unanimous support of Council to ensure a safe and healthy environment for staff, Council, and the members of the public who visit municipal facilities by ensuring that the new facilities would meet every code and standard of the day. Mayor Kennedy expressed his opinion that the new facilities would be good for the community and would provide a focal point that citizens could be proud of. He stated that all policies and procedures have been followed throughout this project and that the municipality has been in constant contact with the Ministry of Municipal Affairs and Housing in order to ensure Council was following due diligence. Councillor Keall indicated that staff has suffered a great deal through this process and have been unable to shop or attend events in, this, their own municipality due to the comments and questions they face during their personal time. Council indicated that staff needs to be recognized for the work they have contributed during this process. Council wished to especially recognize the CAO for the part she has played in this process and thanked her for her hard work and the many hours she has contributed. Council noted that the Township s own Health and Safety Committee have played a significant role in this process with respect to the air quality reports and mould assessments, and that staff has the right to expect a safe and healthy work environment. 10. Delegations NONE 11. Business Arising from the Previous Meeting i) Resolution from the District of Muskoka re approval of the issuing of debentures Received for Information COUNCIL MINUTES JUNE 20, 2005 PAGE 15 OF 22

16 12. Department Head Reports & Question Period i) (a) Health and Safety Matters Update from Managerial Co-chair Mr. Jason Krynicki Mr. Krynicki advised Council that Fire Chief Jim Boswell has received Certification Level 2. (b) Director of Community Services Report #07-05 Mr. Jason Krynicki Re: Award of Tender Pick up Trucks Mr. Krynicki reviewed his report. Council indicated that they felt the price was good for two trucks. KEALL BRAID BE IT RESOLVED THAT, in accordance with Planning Report #07-05, the Council of the Township of Georgian Bay hereby awards the second bid received from Bourgeois Motors Ltd. for the sum of $60, inclusive of taxes. C ii) Planning Mr. David Parks, Manager of Planning and Community Development (a) Report #27-05 Re: Site Plan Agreement Rosanne DeLio and Giuseppe Augurusa Mr. Parks reviewed his report Council enquired as to how many site inspections are performed to ensure compliance with the terms of a Site Plan Agreement. Mr. Parks advised that typically one visit to the property is done with other inspections done on a complaint basis. Mr. Parks suggested that within the next six months to a year, regular inspections may be required as a result of changes to the Muskoka Water Quality Program. He also indicated that the District of Muskoka would be attending Council within the next three months to explain the Program. BRAID KEALL BE IT RESOLVED THAT, in accordance with Planning Report #27-05, the Council of the Township of Georgian Bay hereby approves of the site plan agreement for Rosanne DeLio and Giuseppe Augurusa for Lot 7, Plan 35M-677, Township of Georgian Bay, District Municipality of Muskoka. C (b) Report #28-05 Re: Site Plan Agreement Tuan Phuoc Nguyen Mr. Parks reviewed his report advising that this is a condition of an OMB Order. Council expressed concerns that the Site Plan Agreement did not include a restriction of height to one storey. Mr. Parks assured Council that the Order of the Board specifies that the height is restricted to a specific measurement and that the conditions of the Order of the Board must be met as well as the conditions of the Site Plan Agreement. BRAID KEALL BE IT RESOLVED THAT, in accordance with Planning Report #28-05, the Council of the Township of Georgian Bay hereby approves of the site plan agreement for Tuan Phuoc Nguyen on Part of Parcel COUNCIL MINUTES JUNE 20, 2005 PAGE 16 OF 22

17 11876, in the register for the Township of Georgian Bay, being Island No. 181 (Delf Island), formerly Township of Gibson, now Township of Georgian Bay, District Municipality of Muskoka. C (c) Report #29-05 Re: Site Plan Agreement Ontario Inc. (Sunnylea Cottages) Mr. Parks reviewed his report. KEALL BRAID BE IT RESOLVED THAT, in accordance with Planning Report #29-05, the Council of the Township of Georgian Bay hereby approves of the site plan agreement for Ontario Inc. on Island K, PT RP 35R16390, Parts 1 to 3, known as 117 Port Severn Road, Baxter Ward, Township of Georgian Bay, District Municipality of Muskoka. C (d) Report #30-05 Re: Site Plan Agreement Deforest Mr. Parks reviewed his report noting that a subdivision agreement is in place for the Medland subdivision. Council expressed concern with the sketch attached as Schedule A to the Site Plan Agreement. Mr. Parks noted that although the sketch is not pretty, the measurements are noted and that the contents of the sketch comply with the conditions of the agreement. BRAID KEALL BE IT RESOLVED THAT, in accordance with Planning Report #30-05, the Council of the Township of Georgian Bay hereby approves of the site plan agreement for Kenneth Deforest at Lot 8, Plan 35M673, formerly Township of Baxter, Township of Georgian Bay, District Municipality of Muskoka. C (e) Report #31-05 Re: Site Plan Agreement Alfred Howat Mr. Parks reviewed his report advising that this is a condition of a minor variance. KEALL BRAID BE IT RESOLVED THAT, in accordance with Planning Report #31-05, the Council of the Township of Georgian Bay hereby approves of the site plan agreement for Alfred Howat on Island 89-J, opposite the 7th Concession, designated for reference purposes as Summer Location C.P. 355, formerly in the Township of Baxter, now in the Township of Georgian Bay, District Municipality of Muskoka. C (f) Report #32-05 Re: Site Plan Agreement Anthony Traub Mr. Parks reviewed his report noting that this is a condition of an Order of the OMB. BRAID KEALL BE IT RESOLVED THAT, in accordance with Planning Report #32-05, the Council of the Township of Georgian Bay hereby approves of the site plan agreement for Anthony Traub for: COUNCIL MINUTES JUNE 20, 2005 PAGE 17 OF 22

18 1. Part of broken Lot 19, Concession 10, designated as Part 4, Plan BR-512; and 2. Part of the original shore road allowance in front of broken Lot 12, Concession 10, designated as Part 1, Plan 35R-19435; both formerly in the Township of Baxter, now in the Township of Georgian Bay, Municipality of Muskoka. C By-Laws to Shore Road Closings JACKSON BOWDEN of By-laws to inclusive, being by-law to stop us and close various shore road allowances in the Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement Pawlowski (Condition of Road Closing) BOWDEN JACKSON of By-law , for Pawlowski, being a By-law to provide for a Site Plan Agreement with the Owners of the land known as Part of the original shore road allowance in front of Lot 32, Concession 13, designated as Part 1, Plan 35R-20557, known municipally as Georgian Bay Shore, formerly in the Township of Baxter, now Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement MacDonald (Condition of Road Closing) JACKSON BOWDEN of By-law , for MacDonald, being a By-law to provide for a Site Plan Agreement with the Owners of the land known as Part of Lot 20, Concession 4, shown as road allowance on plan and field notes of summer resort location C.P.294 by C.P. O Dale OLS dated February 15, 1958 attached to Patent 4713, designated as Part 1, Plan 35R-20078, known municipally as 22 Millard Drive, formerly in the Township of Baxter, now Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement Winfelder (Condition of Road Closing) BOWDEN JACKSON of By-law , for Winfelder/Eveline, being a By-law to provide for a Site Plan Agreement with the Owners of the land known as Part of Lot 20, Concession 4 shown as road allowance on plan and field notes as summer resort location C.P.293 by C.P. O Dale OLS dated February 14, 1958 attached to Patent 4496, designated as Part 1, Plan 35R-20638, known municipally as 32 Millard Drive, formerly in the Township of Baxter, now Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement Sale-Morris (Condition of Road Closing) WIANCKO JACKSON of By-law , for Sale-Morris, Being a By-law to provide for a Site Plan Agreement with the Owner of the land known as Part of the original shore road allowance in front of Lot 33, Concession 2, COUNCIL MINUTES JUNE 20, 2005 PAGE 18 OF 22

19 designated as Part 1, Plan 35R-20741, known municipally as 40 Potato Island Road, formerly in the Township of Baxter, now Township of Georgian Bay, District Municipality of Muskoka. C Deeming Pawlowski (Result of Road Closing) JACKSON WIANCKO of By-law , for Pawlowski, being a By-law to deem Part of Plan M-68, in the former Township of Baxter, now in the Township of Georgian Bay, not to be a registered plan of subdivision for the purpose of the Planning Act, R.S.O., 1990, c.p.13, s.50(3). C Deeming McClelland (Result of Road Closing) WIANCKO JACKSON of By-law , for McClelland, being a By-law to deem Part of Plan M-243, in the former Township of Baxter, now in the Township of Georgian Bay, not to be a registered plan of subdivision for the purpose of the Planning Act, R.S.O., 1990, c.p.13, s.50(3). C Deeming Droy (Result of Road Closing) JACKSON WIANCKO of By-law , for Droy, being a By-law to deem Part of Plan M-385, in the former Township of Baxter, now in the Township of Georgian Bay, not to be a registered plan of subdivision for the purpose of the Planning Act, R.S.O., 1990, c.p.13, s.50(3). C Deeming Franck (Result of Road Closing) JACKSON KEALL of By-law , for Franck, being a By-law to deem Part of Plan M-457, in the former Township of Freeman, now in the Township of Georgian Bay, not to be a registered plan of subdivision for the purpose of the Planning Act, R.S.O., 1990, c.p.13, s.50(3). C Deeming Collett et al (Result of Road Closing) BOWDEN JACKSON of By-law for Collett et al, being a By-law to deem Part of Plans M-582, M-583 and M-673, in the former Township of Baxter, now in the Township of Georgian Bay, not to be a registered plan of subdivision for the purpose of the Planning Act, R.S.O., 1990, c.p.13, s.50(3). C Site Plan Agreement Sunnylea Cottages BOWDEN JACKSON of By-law , for Sunnylea Cottages, being a By-law to provide for the execution of a Site Plan Agreement with the owners of 117 Port Severn Road North, Part Island K in the Severn River, opposite Lot 28, Conc. 2, Geographic Township of Baxter, now Township of Georgian Bay, District Municipality COUNCIL MINUTES JUNE 20, 2005 PAGE 19 OF 22

20 of Muskoka, being Parts 1, 2 and 3 on RP 35R save and except Part 10 on RP 35R-20133, and Parts 1 and 2 on 35R-20133, TOGETHER WITH a right-of-way over Parts 3, 7 and 8 on RP 35R C Site Plan Agreement Deforest JACKSON BOWDEN of By-law , for Deforest, being a By-law to provide for the execution of a Site Plan Agreement with the owner of Lot 8, Plan 35M-673, being 1092 Six Mile Lake Shore, formerly the Township of Baxter, now in the Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement Nguyen WIANCKO JACKSON of By-law , for Nguyen, being a By-law to provide for a Site Plan Agreement with the owner of the land known as Part of Parcel 11876, in the register for the Township of Georgian Bay, being Island No. 181, formerly Township of Gibson, now Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement Howat BOWDEN WIANCKO of By-law , for Howat, being a By-law to provide for the execution of a Site Plan Agreement with the owners of Island 89-J, opposite the 7th Concession, designated for reference purposes as Summer Location C.P. 355, formerly in the Township of Baxter, now in the Township of Georgian Bay, District Municipality of Muskoka. C Site Plan Agreement Traub WIANCKO BOWDEN of By-law , for Traub, being a By-law to provide for the execution of a Site Plan Agreement with the owners of Firstly: Part of broken Lot 19, Concession 10 designated as Part 4, Plan BR-512 and Secondly: Part of the original shore road allowance in front of broken Lot 12, Concession 10, designated as Part 1, Plan 35R-19435, both in the Township of Georgian Bay, formerly in the Township of Baxter, District Municipality of Muskoka. C Site Plan Agreement Delio/Augurusa BOWDEN WIANCKO of By-law , for DeLio/Augurusa, being a By-law to provide for the execution of a Site Plan Agreement with the owners of Lot 7, Plan 35M-677, Township of Georgian Bay, District Municipality of Muskoka. C COUNCIL MINUTES JUNE 20, 2005 PAGE 20 OF 22

21 Permission for limited use of ATVs on roads Councillor Braid advised that the District of Muskoka had passed their ATV By-law and that the by-law before Council is similar to theirs. He noted that ATV use on the over and under passes of the 400 and municipally owned parklands, sidewalks, and unopened road allowances is prohibited. He suggested that those using ATVs should read the by-law thoroughly to ensure they comply with the meaning of ATV as it is very specific. Councillor Braid indicated that the Highway Traffic Act speaks to speed limits and that this should also be reviewed by ATV riders. It was noted that a valid driver s licence, licence plates, and insurance are required on all ATVs in use on public roads. Concern was expressed with respect to the sunset clause regarding times that ATV use is permitted. A brief discussion with respect to the lack of brake lights on many ATVs and the related concerns took place. It was noted that the municipality s noise by-law would also be applicable and would ensure that excessive noise from ATV use would not be a problem at night. BOWDEN WIANCKO of By-law , being a by-law to provide for permission for limited use of All Terrain Vehicles on certain Township Roads on a trial and conditional basis. C New Business NONE 15. Addendum NONE 16. Notice of Motions/Direct Motions NONE Unanimous verbal approval from Council was granted to temporarily adjourn Council at 3:45 p.m. to enter into Committee of the Whole deliberations. Council reconvened at 4:00 p.m. 17. Closed Session (incomplete items) BOWDEN KEALL WHEREAS, Section 239(2), of the Municipal Act, 2001, provides authority for Councils of Municipalities to close a meeting or parts of a meeting to the public, if the subject matter pertains to one of the following matters. BE IT RESOLVED THAT the Council of the Township of Georgian Bay moves into a Closed Session of Council at 4:00 p.m. to discuss an item which relates to: personal matters about an identifiable individual, including municipal or local board employees; labour relations or employee negotiations; and a proposed or pending acquisition or disposition of land by the municipality or local board. C KEALL BOWDEN BE IT RESOLVED THAT the Council of the Township of Georgian Bay rise from Closed Session at 4:50 p.m. with a report. C COUNCIL MINUTES JUNE 20, 2005 PAGE 21 OF 22

22 18. Matters Arising from Closed Session (incomplete items) KEALL BOWDEN BE IT RESOLVED THAT the Council of the Township of Georgian Bay hereby authorizes the CAO and the Mayor to negotiate with Kiwi-Newton Construction Ltd., for the demolition of the old administration building and to enter into such contracts as may be necessary or useful to arrange for the demolition of the old administration building. C Adjournment WIANCKO BOWDEN of By-law , being a by-law to confirm the proceedings of the Council of the Township of Georgian Bay at a meeting held this 20th day of June, C KEALL BOWDEN BE IT RESOLVED THAT the Council of the Township of Georgian Bay do now adjourn at 4:55 p.m. until July 11, 2005, or the Call of the Chair. C BONNIE MUNRO CAO-CLERK/TREASURER MIKE KENNEDY MAYOR COUNCIL MINUTES JUNE 20, 2005 PAGE 22 OF 22