ADMINISTRATION AND FINANCE COMMITTEE AGENDA Monday 9:00 a.m. Page 1 1. CALL TO ORDER 2. DELEGATIONS AND PRESENTATIONS Nil. 3. DECLARATIONS OF PECUNIARY INTEREST (if any) 4. NEW BUSINESS 4.1. General Terms and Conditions for Occupation of Town Lands Proposed Patio at 193 Manitoba Street That the Clerk be authorized to finalize the terms of a Lease Agreement with the owner of 193 Manitoba Street, for execution by the Mayor and Clerk, for the occupation of Town land adjacent to 193 Manitoba Street for the purpose of constructing a sidewalk patio, placing furniture and barriers as required and serving food and beverages in accordance with the general terms and conditions outlined in Appendix A to the report to the Administration & Finance from the Clerk. 4.2. Appoint By-law Enforcement Officers for the Purpose of Towing Vehicles for Snow Clearing Operations That By-law 2006-134, a By-law to appoint By-law Enforcement Officers for the Town of Bracebridge, be amended to appoint the following municipal employees as By-law Enforcement Officers for the purpose of towing vehicles for snow clearing operations: 1. Dan Bray, Ian Clelland, Brian Hogg, Dwayne Kinsman, Joel Krisko, Dave Loshaw, Michael Stuart, Adrian (Andy) Van Willigen, Ron Walton, Tom Young. 4.3. Road Allowance Closing Application RC2007-06 (Morgan) That the road allowance between Concessions 10 and 11, abutting to the north of Part of Lot 32, Concession 10, in the former Township of Oakley, further described as Part 1, Plan 35R-4647, Part 1, Plan 35R-11427, be declared surplus and approved for sale to the applicant subject to: 1. Site plan requirements by the Town of Bracebridge. 2. All costs to be borne by the applicant. 4.4. Sale of Flooded Portion of Previously Closed Original Shore Road Allowance RC2007-10F (Wallis) That the Parts 16 & 18, Plan 35R-7312, in front of Part of Lot 11, Concession 13 (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, be declared surplus and approved for sale to the applicant subject to: 1. Follow-up with the Development Services Department with regard to the existing boathouse structure. 2. All costs to be borne by the applicant.
ADMINISTRATION AND FINANCE COMMITTEE AGENDA Monday 9:00 a.m. Page 2 4.5. Road Allowance Closing Application RC2007-12 (Cleverdon) That the road allowance in front of Lot 19, Plan 5, Browning Island (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, municipally known as 1308 Browning Island, be declared surplus and approved for sale to the applicant subject to: 1. Site plan requirements by the Town of Bracebridge. 2. All costs to be borne by the applicant. 4.6. Road Allowance Closing Application RC2007-13 (2002910 Ontario Inc. & 1348823 Ontario Inc.) That the road allowance in front of Part of Lot 14, Concession 11 (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, further described as Lots 4 & 5, Plan 14, municipally known as 1350 Stephens Bay Road, be declared surplus and approved for sale to the applicant subject to: 1. Site plan requirements by the Town of Bracebridge. 2. All costs to be borne by the applicant. 4.7. Exemption to Noise Control By-law and Sanction Petting Zoo Santa s Moonlight Shopping Party Bracebridge BIA December 7, 2007 1. That the Bracebridge Improvement Area (BIA) be granted an exemption to the Noise Control By-law to permit amplified sound along Manitoba Street between Ontario Street and Monck Road, on Friday, December 7, 2007 from 6:00 p.m. to 10:00 p.m. for Santa s Moonlight Shopping Party. 2. That pursuant to By-law 2002-76, a by-law to prohibit the keeping of certain animals within the Town of Bracebridge, Council sanction the petting zoo. 4.8. Exemption to Noise Control By-law and Temporary Road Closing Santa Claus Parade Kinsmen Club of Bracebridge December 2, 2007 1. That the Kinsmen Club of Bracebridge be granted an exemption to the Noise Control By-law to permit amplified sound along the Santa Claus Parade route from 11:00 a.m. to 2:00 p.m. on Sunday December 2, 2007. 2. That a by-law be prepared to authorize the temporary closure of portions of James Street, Ontario Street and Kimberley Avenue on December 2, 2007 from 11:00 a.m. to 2:00 p.m. as part of the route for the Santa Claus Parade. 4.9. Exemption to Noise Control By-law Bracebridge Culture and Recreation Department Festival of the Lights November 30, 2007 That the Bracebridge Culture and Recreation Department be granted an exemption to the Noise Control By-law to permit amplified sound at the Bird Mill Mews Parkette and the Bracebridge Bay Area from 6:00 p.m. to 8:00 p.m. on Friday November 30, 2007 for the Festival of the Lights.
ADMINISTRATION AND FINANCE COMMITTEE AGENDA Monday 9:00 a.m. Page 3 4.10. By-law Enforcement Statistics for the Period September 1, 2007 to September 31, 2007 That the Staff Report by the Chief By-law Enforcement Officer regarding By-law Enforcement activities for the period September 1, 2007 to September 30, 2007 be received for information purposes. 4.11. Truck Lease for Bylaw Enforcement - Branch of Administration and Finance 5. ONGOING BUSINESS That the Clerk be authorized to execute a 36-month lease agreement with Cavalcade Ford for the lease of a Ford 150 - ½ ton pickup truck with 4X4 capability and an extended cab for use by staff in the By-law Enforcement Branch of the Administration and Finance Department. 5.1. Health & Safety Update 6. CORRESPONDENCE Nil. 7. CLOSED SESSION 7.1. Litigation or Potential Litigation, Including Matters Before Administrative Tribunals, Affecting the Municipality or Local Board 7.2. Personal Matters About an Identifiable Individual, Including Municipal or Local Board Employees 7.3. Education and Training 8. ADJOURN
Page: 1 TO: FROM: SUBJECT: Councillor B. Young, Chair, and Members of the Administration & Finance Clerk, L. McDonald General Terms and Conditions for Occupation of Town Lands Proposed Patio at 193 Manitoba Street RECOMMENDATION 1. That the Clerk be authorized to finalize the terms of a Lease Agreement with the owner of 193 Manitoba Street, for execution by the Mayor and Clerk, for the occupation of Town land adjacent to 193 Manitoba Street for the purpose of constructing a sidewalk patio, placing furniture and barriers as required and serving food and beverages in accordance with the general terms and conditions outlined in Appendix A to the report to the Administration & Finance from the Clerk. ORIGIN 2. On August 3, 2007, staff received a preliminary proposal for the construction of a permanent patio at 193 Manitoba Street, to be used by one of the tenants in the building (R & L Pasta) as an additional dining area for their establishment. 3. The patio would extend approximately ten feet from the edge of the building and run parallel to Ann Street. No impact to the use of the sidewalk or existing parking spaces is proposed. Construction of the patio is proposed over the winter/spring of 2007/2008 depending on the timing of authorization from the Town, District, Liquor Control Board of Ontario, or any other approving agency. Use of the patio is proposed beginning in the spring/summer of 2008. 4. On October 4, 2007, Town and District staff together with the applicant met to discuss the proposal and determine if any potential problems identified by the parties would be insurmountable. ANALYSIS 5. Outdoor patios and cafes are generally regarded as desirable urban amenities that can enhance the vitality and character of restaurant districts and downtown communities in particular. Left unmanaged and uncontrolled, their presence can also cause undesirable urban blight, safety hazards for both able bodied and visually or physically impaired pedestrians, distractions for motorists, conflicts among neighbouring businesses and residents and unpleasant or unsafe dining experience for patrons. 6. Staff have undertaken some preliminary research into other municipal guidelines and policies to prepare for this staff report. The information collected represents a wide range of responses. Most municipalities permit patios and sidewalk cafes in some form or another, however, the extent to which they are controlled and monitored varies greatly. Ottawa, Toronto and Windsor are examples of municipalities that have undertaken an extensive review of the policies and created elaborate guidelines and policies to govern their consent. Lesser conditions apply in other cities and towns, however, most have minimum conditions to provide for compliance with standard municipal codes and by-laws, pedestrian safety, and some minimum design considerations.
Page: 2 7. Specific information has also been obtained from municipal staff in Huntsville, Orillia and Barrie regarding policies and agreements related to the occupation and use of municipal property (including sidewalks). 8. The terms and conditions attached as Appendix A could form the basis of an agreement between the Town and the owner for the lease of municipal property for use as an outdoor patio. The terms and conditions outlined have been selected from the various agreements, policies and guidelines from other municipalities and in consideration of some of the Town s requirements. 9. If a patio were to be authorized, this agreement between the Town and the owner would be for a permanent structure and require a long-term commitment by both parties. 10. A rental rate of $3.50 per sq. ft. for the portion of the sidewalk occupied by the patio structure appears to be appropriate as it is generally consistent with the rates charged in other municipalities: 10.1 Barrie - $5.00 per sq. ft. 10.2 Huntsville - $5.00 per sq. ft. 10.3 Orillia - $2.00 per sq. ft. 11. Depending on any adjustments necessary to accommodate accessibility ramps or meet the requirements of the Liquor Control Board of Ontario, it is anticipated that approximately $2,300 annually will be generated in revenue to the Town. 12. Staff have contacted the BIA President to discuss the proposal and to confirm that no impact to existing parking will take place. 13. Upgrades to the façade of the building have been proposed to the Façade Improvement and Signage Advisory that speak to the building owner s commitment to the overall aesthetic improvement to this area of Town. 14. Arising from the October 4, 2007 meeting, the following require further investigation/action and/or incorporation into the proposed patio design or agreement: 14.1 Clearances for existing infrastructure (e.g. fire hydrant, utilities). 14.2 Road allowance width (Ann Street is less than the usual 66 approx. 53 ) as it relates to future road improvements or widening requirements. 14.3 Accessibility requirements. 14.4 Concerns regarding the Salvation Army site across the street being used as a garbage dumping area and potentially detracting from the viability of the patio and reasonable enjoyment of patrons. 15. Potential terms for a lease agreement and pictures/diagrams are appended to this report.
Page: 3 EXISTING POLICY 16. At this time, there are no Council or administrative policies in place to guide staff when dealing with requests for patios on municipally owned property. Council has provided direction to staff to develop a policy and procedure to respond to requests for use of Town property for patio or similar purposes. This comprehensive policy is still under development and will be brought back to Administration & Finance for consideration at a later date. ALTERNATIVE(S) 17. The following alternative is available for Council consideration: Alternative #1 could recommend that staff take no further action in this regard and pass the following motion: That the staff report from the Clerk regarding potential terms and conditions for a Lease Agreement with the owner of 193 Manitoba Street, for the occupation of a portion of municipal land for the purpose of constructing a sidewalk patio be received for information purposes. FINANCIAL IMPLICATIONS 18. Although the specific dimensions for the proposed patio have not been determined, it is estimated that approval of the lease agreement would result in revenues of approximately $2,300 annually to the Town. 19. If Council chose to approve a patio, the owner of 193 Manitoba Street would be fully responsible for the costs associated with the design and construction of the patio and required barrier structures. Additionally, the owner would be responsible for all insurance costs associated with the project. Lori McDonald, Clerk
Page: 4 APPENDIX A Potential Terms and Conditions of Lease Agreement with RCC Holdings Inc. 1. The Lease Agreement would be between the Corporation of the Town of Bracebridge (the Landlord ) and RCC Holdings Inc. (the Tenant ) 2. The Lease Agreement would be considered for renewal every five (5) years. 3. Should the lease be terminated the Tenant would remove all fixtures, site furniture and possessions and be responsible for the restitution of the Landlords property to its original condition. 4. The Tenant would maintain the leased area and perform any construction on the leased area at the Tenant s expense to the satisfaction of the Landlord. 5. Any construction work undertaken would be in accordance with the Ontario Building Code and the Tenant would obtain a building permit as required. Any structure would meet the requirements of the Town, District, Liquor Control Board of Ontario and/or Alcohol and Gaming Commission. The Tenant would be required to comply with any Town of Bracebridge Fire Department requirements for outdoor patios. 6. The Tenant would provide a sketch, satisfactory to the Town, which includes but is not limited to: Proposed layout of the patio. Proposed number and arrangements of table, chairs, umbrella, etc. Proposed exit and entrance locations. Proposed fences and barriers. 7. The Tenant would be permitted to use the municipal sidewalk adjacent to the premise known municipally as 193 Manitoba Street at a rate of $3.50 per square foot of patio created and municipal land/sidewalk used. 8. The Leased area would be used or occupied in accordance with the approved plan commencing in 2008, failing which the Lease would terminate. 9. The Lease would terminate in the event the leased area is not used for the purpose proposed. 10. The Tenant would be required to name the Town and the District Municipality of Muskoka as an additional insured on respective business and property insurance policies for an amount no less than $2,000,000 per occurrence. 11. The Tenant would be required to enter into an Indemnity Agreement with the District Municipality of Muskoka. 12. The Tenant would covenant and agree that should the municipality deem it appropriate to undertake road widening or other activities that may affect the patio, that the structure may require alteration or removal by the Tenant and with no compensation to the Tenant.
Page: 5 13. The patio would be operated in such a manner as to not interrupt normal business activities of the adjacent commercial activities. The Tenant would take reasonable steps to ensure that patrons do not yell, shout, whistle, sing or in any other way disturb passing pedestrians, disturb the peace or detract from the overall environment of the surrounding area. 14. The Tenant would ensure that bicycles or other items are not affixed or leaning against the sidewalk patio fence. 15. The Leased area would not to be used for outdoor storage at any time. 16. The patio would be a No Smoking area until 8:00 p.m. 17. Furnishings would be commercial grade of safe, sturdy, durable material manufactured for outdoor use. All furniture would be securely stored on the patio area. 18. The Landlord and/or its contractors would not be responsible for any damage to the patio structure resulting from the Landlord s regular maintenance activities or emergency repair operations. 19. The Tenant would covenant and agree to maintain the licensed premises in a wholesome condition and would not to allow the accumulation of refuse or debris. 20. The Tenant would covenant and agree to post no advertising/endorsement boards, plaques or banners on the enclosure or fencing except for a temporary menu display board that could not extend over or obstruct the patio entrance. 21. The Leased area would be accessible to persons with disabilities. 22. The Tenant would agree that no alcohol would be served or consumed on the patio after 11:00 p.m., the patio s use would be in full compliance with Liquor Licence requirements and the Tenant would comply with all regulations governing the operation of bars and restaurants. 23. The Lease would not be transferable. 24. Either party would be able to terminate the agreement without cause at any time upon giving the other party not less than 30 days written notice. 25. The Tenant would covenant and agree to comply with all Town By-laws, including the Town s Noise By-law, failing which the licence could be terminated immediately at the discretion of the Clerk. 26. The Lease would be subject to any other terms, conditions and/or minor amendments deemed appropriate at the discretion of the Clerk.
Page: 6 APPENDIX B Pictures of 193 Manitoba Street
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Staff Report to Administration and Finance Page: 1 TO: FROM: SUBJECT: Councillor B. Young, Chair and Members of the Administration and Finance Clerk, L. McDonald Appoint By-law Enforcement Officers for the Purpose of Towing Vehicles for Snow Clearing Operations RECOMMENDATION 1. That By-law 2006-134, a By-law to appoint By-law Enforcement Officers for the Town of Bracebridge, be amended to appoint the following municipal employees as By-law Enforcement Officers for the purpose of towing vehicles for snow clearing operations: ORIGIN Dan Bray, Ian Clelland, Brian Hogg, Dwayne Kinsman, Joel Krisko, Dave Loshaw, Michael Stuart, Adrian (Andy) Van Willigen, Ron Walton, Tom Young. 2. From time to time, municipal employees are required to cause certain vehicles to be towed to a storage facility if it impairs the municipality s ability to undertake necessary snow clearing operations. 3. The Town s answering service facilitates the calls through the local towing association, and can assist vehicle owners in locating their vehicles following such an occurrence. The answering services also contact the OPP to report the towing. ANALYSIS 4. Due to staffing changes that occur from time-to-time, it is necessary to appoint additional municipal employees for this purpose. 5. The draft by-law is attached as Appendix A for information purposes. ALTERNATIVE(S) 6. The following alternative is available for consideration: Alternative #1 could receive this report and make no further appointments. This course of action is not recommended as snow clearing operations require that additional By-law Enforcement Officers be appointed. EXISTING POLICY 7. Section 15 of the Police Services Act, R.S.O. 1990, authorizes municipal councils to appoint law enforcement officers to enforce the by-laws of the municipality.
Staff Report to Administration and Finance Page: 2 FINANCIAL IMPLICATIONS 8. None, at this time. Clerk, L. McDonald
Staff Report to Administration and Finance Page: 3 APPENDIX A
September 10, 2007 Page: 1 RC2007-06 Pending #: TO: FROM: SUBJECT: Councillor B. Young, Chair and Members of the Administration and Finance Lori McDonald, Clerk Road Allowance Closing Application RC2007-06 (Morgan) RECOMMENDATION 1. That the road allowance between Concessions 10 and 11, abutting to the north of Part of Lot 32, Concession 10, in the former Township of Oakley, further described as Part 1, Plan 35R-4647, Part 1, Plan 35R-11427, be declared surplus and approved for sale to the applicant subject to: ORIGIN 1.1. Site plan requirements by the Town of Bracebridge. 1.2. All costs to be borne by the applicant. 2. An application to purchase a portion of the road allowance to the north of Part of Lot 32, Concession 10, in the former Township of Oakley, further described as Part 1, Plan 35R-4647, Part 1, Plan 35R-11427, was received and circulated for comment pursuant to the Town of Bracebridge Road Closing Procedures. ANALYSIS 3. The Town s GIS mapping indicates that the shore road allowance in front of this property is under public ownership. As such, the Town of Bracebridge Shore Road Allowance Retention Policy identifies the shore road allowance in front of the applicant s property as one that should be retained in public ownership so that potential recreational trail uses could be considered in the future. Following further review of the applicant s property, it was determined that the Town s GIS mapping on this particular property is inaccurate and that the applicant owns the shore road allowance. 4. Given this circumstance, the retention of the subject road allowance for which the applicant is proposing to purchase would be the only means at this location to ensure a continuous link of shore/road allowance to facilitate the potential recreational trail uses contemplated in the Shore Road Allowance Retention Policy. 5. Comments received from The District Municipality of Muskoka indicate no concerns regarding this application. 6. Comments received from the Municipal Surveyor confirm that an inspection of the Original Road Allowance was completed and from their perspective there is no reason why the proposed road closing should not proceed. 7. Initial joint comments received from the Public Works and Development Services Departments recommend that the road allowance be retained in public ownership, however following a site visit by the Municipal Engineer at the request of the applicant, the following revised comments have been submitted:
September 10, 2007 Page: 2 RC2007-06 Pending #: 7.1. That it would not be practical to build a recreational trail at this location in addition to numerous environmental issues on the available shoreline on the west side of the property. It is recommended that Schedule A to the Shore Road Allowance retention policy be revised to delete the existing link and be replaced with one along the Purbrook Road. It is therefore recommended that the road allowance be closed and conveyed to the applicant subject to amending the existing site plan agreement to reflect any additional or proposed structures. 8. A staff report recommending amendments to the Road Allowance Retention Policy and Schedules will be submitted to for consideration at a future meeting. ALTERNATIVE(S) 9. The following alternative is available for consideration: Alternative #1 could stop-up, close and convey the road allowance however this course of action is not recommended as it would not be consistent with the intent of the Shore Road Allowance Retention Policy. EXISTING POLICY 10. Town of Bracebridge Road Closing Policy/Procedures adopted by By-law 2003-120. FINANCIAL IMPLICATIONS 11. None, at this time. Lori McDonald, Clerk
September 10, 2007 Page: 3 RC2007-06 Pending #: Purbrook Road Clarence Drive SUBJECT PROPERTY N
Page: 1 RC2007-10F TO: FROM: SUBJECT: Councillor B. Young, Chair, and Members of the Administration and Finance Lori McDonald, Clerk Sale of Flooded Portion of Previously Closed Original Shore Road Allowance RC2007-10F (Wallis) RECOMMENDATION 1. That the Parts 16 & 18, Plan 35R-7312, in front of Part of Lot 11, Concession 13 (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, be declared surplus and approved for sale to the applicant subject to: ORIGIN 1.1. Follow-up with the Development Services Department with regard to the existing boathouse structure. 1.2. All costs to be borne by the applicant. 2. Correspondence was received from the solicitor acting on behalf of the applicant to purchase the flooded portion of the shore road allowance described as Parts 16 & 18, Plan 35R-7312, in front of Part of Lot 11, Concession 13 (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka. 3. The lands above water were stopped up and closed by By-law 81-11 on January 28, 1981, and subsequently transferred to the landowner at that time. 4. Section 43 of the Municipal Act, S.O. 2001, provides that A municipality that permanently closes a highway shall not convey the land forming the highway if it is covered with water without the consent of the Ministry of Natural Resources. 5. Correspondence received from the Ministry of Natural Resources on May 24, 2006, states pursuant to Section 43 of the Municipal Act, the Ministry of Natural Resources hereby consents to the Corporation of the Town of Bracebridge transferring (closing & selling) the flooded protions of Municipal Original Shore Road Allowances to adjacent private land owners where Council is of the opinion that this is appropriate. ANALYSIS 6. Joint comments received from the Public Works and Development Services Departments recommend that the underwater portion of the shore road allowance be sold, however, a Site Visit from staff of the Development Services Department will be conducted and further, the applicant is required to follow-up with the Development Services Department with regard to the boathouse structure.
Page: 2 RC2007-10F ALTERNATIVE(S) 7. The following alternative is available for consideration: Alternative #1 Retain flooded road allowance in public ownership. This course of action is not recommended as it would be inconsistent with previous decisions of a similar nature. EXISTING POLICY 8. Although no formal policy is in place regarding the sale of flooded portions of Original Shore Road Allowance, the Municipal Act, S.O. 2001 and authorization from Ministry of Natural Resources dated May 24, 2006 enables the municipality to dispose of this land as it deems appropriate. 9. Town of Bracebridge By-law 95-42, being a by-law to govern the disposal of real property. FINANCIAL IMPLICATIONS 10. Flooded road allowances are conveyed for a nominal fee ($2.00). Lori McDonald, Clerk
Page: 3 RC2007-10F Beaumont Drive Stephen s Bay Road Strawberry Lane SUBJECT PROPERTY Lake Muskoka N
Page: 4 RC2007-10F
Page: 1 RC2007-12 TO: FROM: SUBJECT: Councillor B. Young, Chair, and Members of the Administration and Finance Lori McDonald, Clerk Road Allowance Closing Application RC2007-12 (Cleverdon) RECOMMENDATION 1. That the road allowance in front of Lot 19, Plan 5, Browning Island (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, municipally known as 1308 Browning Island, be declared surplus and approved for sale to the applicant subject to: ORIGIN 1.1. Site plan requirements by the Town of Bracebridge. 1.2. All costs to be borne by the applicant. 2. An application to purchase the shore road allowance in front of Lot 19, Plan 5, Browning Island (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, municipally known as 1308 Browning Island, was received and circulated for comment pursuant to the Town of Bracebridge Road Closing Procedures. ANALYSIS 3. Comments received from The District Municipality of Muskoka indicate no concerns regarding this application. 4. Comments received from the Municipal Surveyor confirm that an inspection of the Original Road Allowance was completed and from their perspective there is no reason why the proposed road closing should not proceed. 5. Joint comments received from the Public Works and Development Services Departments recommend that the shore road allowance be closed however, it is recommended that the applicant enter into a site plan agreement with the Town of Bracebridge with respect to the location of the existing and any proposed structures, as well as requiring the retention of vegetation on the shore road allowance to prevent erosion. ALTERNATIVE(S) 6. The following alternative is available for consideration: Alternative #1 Retain road allowance in public ownership. This course of action is not recommended as it would be inconsistent with previous decisions of a similar nature.
Page: 2 RC2007-12 EXISTING POLICY 7. Town of Bracebridge Road Closing Policy/Procedures adopted by By-law 2003-120. FINANCIAL IMPLICATIONS 8. Sale price for road allowances on Lake Muskoka is calculated at $0.65 per square foot. Lori McDonald, Clerk
Page: 3 RC2007-12 SUBJECT PROPERTY Lake Muskoka N
Page: 1 RC2007-13 TO: FROM: Councillor B. Young, Chair, and Members of the Administration and Finance Lori McDonald, Clerk SUBJECT: Road Allowance Closing Application RC2007-13 (2002910 Ontario Inc. & 1348823 Ontario Inc.) RECOMMENDATION 1. That the road allowance in front of Part of Lot 14, Concession 11 (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, further described as Lots 4 & 5, Plan 14, municipally known as 1350 Stephens Bay Road, be declared surplus and approved for sale to the applicant subject to: ORIGIN 1.1. Site plan requirements by the Town of Bracebridge. 1.2. All costs to be borne by the applicant. 2. An application to purchase the shore road allowance in front of Part of Lot 14, Concession 11 (Muskoka Ward), Town of Bracebridge, District Municipality of Muskoka, Further described as Lots 4 & 5, Plan 14, Municipally known as 1350 Stephens Bay Road, was received and circulated for comment pursuant to the Town of Bracebridge Road Closing Procedures. ANALYSIS 3. No comments were received from The District Municipality of Muskoka regarding this application. 4. Comments received from the Municipal Surveyor confirm that an inspection of the Original Road Allowance was completed and from their perspective there is no reason why the proposed road closing should not proceed. 5. Joint comments received from the Public Works and Development Services Departments recommend that the shore road allowance be closed however, it is recommended that the applicant enter into a site plan agreement with the Town of Bracebridge with respect to the location of any existing or proposed structures, as well as requiring the retention of vegetation on the shore road allowance to prevent erosion. ALTERNATIVE(S) 6. The following alternative is available for consideration: Alternative #1 Retain road allowance in public ownership. This course of action is not recommended as it would be inconsistent with previous decisions of a similar nature.
Page: 2 RC2007-13 EXISTING POLICY 7. Town of Bracebridge Road Closing Policy/Procedures adopted by By-law 2003-120. FINANCIAL IMPLICATIONS 8. Sale price for road allowances on Lake Muskoka is calculated at $0.65 per square foot. Lori McDonald, Clerk
Page: 3 RC2007-13 Lake Muskoka Stephen s Bay Road Stagecoach Road SUBJECT PROPERTIES N
Staff Report to Administration and Finance Page: 1 TO: FROM: SUBJECT: Chair B. Young and Members of the Administration & Finance Matthew Gower, Assistant to Municipal Clerk Exemption to Noise Control By-law and Sanction Petting Zoo Business Improvement Area (BIA) - Santa s Moonlight Shopping Party December 7, 2007 RECOMMENDATION 1. That the Bracebridge Improvement Area (BIA) be granted an exemption to the Noise Control Bylaw to permit amplified sound along Manitoba Street between Ontario Street and Monck Road, on Friday, December 7, 2007 from 6:00 p.m. to 10:00 p.m. for Santa s Moonlight Shopping Party. 2. That pursuant to By-law 2002-76, being a by-law to prohibit the keeping of certain animals within the Town of Bracebridge, Council sanction the petting zoo. ORIGIN 3. A Special Event Permit application by the BIA dated October 1, 2007 to hold Santa s Moonlight Shopping Party along Manitoba Street on December 7, 2007 was received and circulated for comments in accordance with the Town of Bracebridge Special Events Policy. ANALYSIS 4. To promote downtown Bracebridge for holiday shopping, the BIA is planning the Santa s Moonlight Shopping Party. In 2006, Council approved a similar event organized by the BIA called Hometown Shopping for the Holidays. 5. The BIA is proposing to have live music at 3 locations: Ontario Street and Taylor Road, Memorial Park and the parking lot beside Sears. A letter of permission must be received from the owner of the parking lot. 6. Food vendors and horse drawn wagon rides are also being proposed. The permit will require any horse drawn wagons be equipped with diapers. 7. The event organizer is proposing to conduct a petting zoo composed of farm animals. Details and confirmation are forthcoming. The Exotic and Wild Animal Control By-law, By-law 2002-76, requires any person or persons conducting a petting zoo have the event sanctioned by Council. 8. The event organizers will be required to adhere to the general provisions of By-law 2002-76. Proper receptacles must be provided to ensure that all animal waste is contained and disposed of in a sanitary manner. Petting zoos are commonly held at special events in Bracebridge and many other municipalities across Ontario. 9. Council approval is required to permit amplified sound on December 7, 2007 from 6:00 p.m. until 10:00 p.m. along Manitoba Street from Ontario Street to Monck Road. 10. Staff will review this event in the same fashion as other special event applications and impose any other necessary conditions as deemed appropriate through that process (e.g. litter clean-up, etc.).
Staff Report to Administration and Finance Page: 2 ALTERNATIVE(S) 11. The following alternative is available for consideration: Alternative #1 may receive the report and take no further action. This alternative is not recommended as it would be inconsistent with Council s previous special event approvals. EXISTING POLICY 12. By-law 2006-112, a by-law to prohibit and regulate certain noises within the Town of Bracebridge. 13. Town of Bracebridge Special Events Policy adopted by By-law 2001-078. 14. By-law 2002-76, a by-law to prohibit the keeping of certain animals within the Town of Bracebridge. FINANCIAL IMPLICATIONS 15. None, at this time. Matthew Gower, Assistant to Municipal Clerk
Staff Report to Administration and Finance Page: 1 TO: FROM: Chair B. Young and Members of the Administration & Finance Matthew Gower, Assistant to Municipal Clerk SUBJECT: Exemption to Noise Control By-law and Temporary Road Closing Kinsmen Santa Claus Parade December 2, 2007 RECOMMENDATION 1. That the Kinsmen Club of Bracebridge be granted an exemption to the Noise Control By-law to permit amplified sound along the Santa Claus Parade route from 11:00 a.m. to 2:00 p.m. on Sunday December 2, 2007. 2. That a by-law be prepared to authorize the temporary closure of portions of James Street, Ontario Street and Kimberley Avenue on December 2, 2007 from 11:00 a.m. to 2:00 p.m. as part of the route for the Santa Claus Parade. ORIGIN 3. A Special Event Permit application by the Kinsmen Club of Bracebridge dated October 11, 2007 to hold the Santa Claus Parade downtown Bracebridge on December 2, 2007 was received and circulated for comments in accordance with the Town of Bracebridge Special Events Policy. ANALYSIS 4. The Santa Claus Parade is an annual event organized by the Kinsmen Club of Bracebridge composed of several entertainment floats, live bands, etc. 5. Council approval is required to permit amplified sound on December 2, 2007 from 11:00 a.m. until 2:00 p.m. along the parade route. 6. Council approval is required for staff to prepare a by-law to authorize the temporary closing of portions of James Street, Ontario Street and Kimberley Avenue on December 2, 2007 from 11:00 a.m. to 2:00 p.m. as part of the route. 7. Staff will review this event in the same fashion as other special event applications and impose any other necessary conditions as deemed appropriate through that process (e.g. litter clean-up, etc.). ALTERNATIVE(S) 8. The following alternative is available for consideration: Alternative #1 may receive the report and take no further action. This alternative is not recommended as it would be inconsistent with Council s previous special event approvals.
Staff Report to Administration and Finance Page: 2 EXISTING POLICY 9. By-law 2006-112, a by-law to prohibit and regulate certain noises within the Town of Bracebridge. 10. Town of Bracebridge Special Events Policy adopted by By-law 2001-078. FINANCIAL IMPLICATIONS 11. None, at this time. Matthew Gower, Assistant to Municipal Clerk
Staff Report to Administration and Finance Page: 1 TO: FROM: SUBJECT: Chair B. Young and Members of the Administration & Finance Matthew Gower, Assistant to Municipal Clerk Exemption to Noise Control By-law Bracebridge Culture and Recreation Department Festival of the Lights November 30, 2007 RECOMMENDATION 1. That the Bracebridge Culture and Recreation Department be granted an exemption to the Noise Control By-law to permit amplified sound at the Bird Mill Mews Parkette and the Bracebridge Bay Area from 6:00 p.m. to 8:00 p.m. on Friday November 30, 2007 for the Festival of the Lights. ORIGIN 2. A Special Event Permit application by the Bracebridge Culture and Recreation Department received October 15, 2007 to hold the Festival of the Lights at the Bird Mill Mews Parkette and the Bracebridge Bay Area on November 30, 2007 was received and circulated for comments in accordance with the Town of Bracebridge Special Events Policy. ANALYSIS 3. The Festival of the Lights is an annual event organized by the Bracebridge Culture and Recreation Department, which includes live entertainment, buskers, food, fireworks, etc. 4. Council approval is required to permit amplified sound and fireworks on November 30, 2007 from 6:00 p.m. until 8:00 p.m. in the Bird Mill Mews Parkette and Bracebridge Bay Area. 5. The Bracebridge Culture and Recreation Department is requesting District approval for the closing of a portion of Ecclestone Drive from Manitoba to south of the Silver Bridge from 7:40 p.m. to 7:50 p.m. for the fireworks activities. 6. Staff will review this event in the same fashion as other special event applications and impose any other necessary conditions as deemed appropriate through that process (e.g. litter clean-up, etc.). ALTERNATIVE(S) 7. The following alternative is available for consideration: Alternative #1 may receive the report and take no further action. This alternative is not recommended as it would be inconsistent with Council s previous special event approvals. EXISTING POLICY 8. By-law 2006-112, a by-law to prohibit and regulate certain noises within the Town of Bracebridge. 9. Town of Bracebridge Special Events Policy adopted by By-law 2001-078.
Staff Report to Administration and Finance Page: 2 FINANCIAL IMPLICATIONS 10. None, at this time. Matthew Gower, Assistant to Municipal Clerk
Staff Report to Administration and Finance Page: 1 Pending #: TO: FROM: Councillor B. Young, Chair and Members of the Administration and Finance Chief By-law Officer, S. Stakiw SUBJECT: By-law Enforcement Statistics for the Period September 1, 2007 to September 30, 2007 RECOMMENDATION 1. That the Staff Report by the Chief By-law Enforcement Officer regarding By-law Enforcement activities for the period September 1, 2007 to September 30, 2007 be received for information purposes. ORIGIN 2. The Chief By-law Officer regularly reports to committee on various By-law enforcement initiatives of the Department. The summary information contained in Appendix A attached provides current month and year-to-date information. The summary attached also provides the current month in 2006 for comparative purposes. ANALYSIS 3. This report will provide committee with information as to what enforcement issues the town has dealt with during this reporting period. It will also provide committee with an update as to the revenue generated and any non-routine items dealt with by the By-law Services Branch of the Administration and Finance Department for this reporting period. EXISTING POLICY 4. This report is presented in accordance with past practice to provide up-to-date information on the status of the Corporation s By-law enforcement initiatives. ALTERNATIVE(S) 5. As this report is for information purposes only, no alternatives are presented. FINANCIAL IMPLICATIONS 6. The receipt of this report has no financial implications for the Corporation. S. Stakiw, Chief By-law Officer
Staff Report to Administration and Finance Page: 2 Pending #: APPENDIX A Bylaw Enforcement Activities Report Period of September 1, 2007 to September 30, 2007 Item Current Month Year-to-Date Current Month 2006 Note 1. Customer Service a. Telephone Calls Received b. Front Counter Assistance c. Complaints Lodged d. After-Hours Calls Received 87 1,422 183 Calls to date are down 210 from 2006 7 144 11 13 309 39 Complaints to date down 53 from 2006 8 101 14 Weekend (5) and Weeknight (3) 2. Parking Operations a. Parking Infractions Issued b. Parking Infractions Cancelled 40 1,853 41 6 106 2 c. Vehicles Towed 1 15 6 d. Meter Revenues Collected 1 e. Municipal Prosecutions $8,941 $51,397 $7,088 YTD Revenue after tax: $46,101.13 0 2 0 3. By-law Complaints 1 2006 Actual for Meter Revenues: $62,270.27 and 2007 Budget for Meter Revenues: $61,275.75
Staff Report to Administration and Finance Page: 3 Pending #: Item Current Month Year-to-Date Current Month 2006 Note a. Dogs at Large 4 75 10 b. Burning 0 21 1 c. Noise 4 45 4 d. Vehicle Idling 0 9 0 e. Parking 2 81 14 f. Dumping 0 6 1 g. Clean Yards 0 33 3 h. Littering 0 2 1 i. Other 2 2 2 Other includes: damage to George Road Landing Dock (repaired by party responsible) and assist OPP with Dog Owner s Liability Act complaint.
Staff Report to Administration and Finance Page: 1 Pending #: TO: FROM: SUBJECT: Councillor B. Young, Chair and Members of the Administration and Finance Chief By-law Officer, S. Stakiw Truck Lease for Bylaw Enforcement Branch of Administration and Finance RECOMMENDATION 1. That the Clerk be authorized to execute a 36-month lease agreement with Cavalcade Ford for the lease of a Ford 150 - ½ ton pickup truck with 4X4 capability and an extended cab for use by staff in the By-law Enforcement Branch of the Administration and Finance Department. ORIGIN 2. The Town of Bracebridge has for many years leased a pickup truck for use by staff in the By-law Enforcement Branch of the Administration and Finance Department. 3. The vehicle is used by staff in the performance of their regular enforcement duties. A pickup truck is required due to the animal control duties undertaken by the officers as well as the amount of equipment and material to be carried. A full size pickup truck is required due to ergonomic issues related to the height of the staff operating the vehicle. 4. Having 4X4 capability is required due to some of the areas enforcement staff are required to access within the Town of Bracebridge. The previous 36 month lease agreement for the Bylaw Enforcement pickup truck expired on September 30, 2007. Staff has obtained quotes for a replacement pickup truck and is recommending Council approve the lease with Cavalcade Ford. ANALYSIS 5. The previous pickup truck was leased from Cavalcade Ford at a rate of $391.31 (plus tax) per month. That lease was in effect from October 1, 2004 to September 30, 2007. Monthly lease quotes have been obtained from three local dealerships, namely Cavalcade Ford, Greavette s Chev Pontiac Buick Cadillac GMC and Muskoka Chrysler, and are as follows: Vendor Cavalcade Ford Greavette s General Motors Muskoka Chrysler Proposed Lease Rate $434.86 plus tax $438.60 plus tax $519.14 plus tax 6. All of these quotes are based on a 36-month lease with 60,000 kilometers permitted over the term of the lease. Experience has shown that the standard 60,000 kilometer entitlement is sufficient for Town operations. The dealerships were advised that the town was seeking a full sized pickup truck with 4X4 capability and an extended cab (for secure equipment storage). They were further advised that a decision would be based solely on the lowest monthly lease rate. The above quoted rates include any additional fees applicable to the lease.
Staff Report to Administration and Finance Page: 2 Pending #: 7. Cavalcade Ford was able to offer a lower monthly lease rate than the other two dealerships. Furthermore, the vehicle they quoted has more features than the other trucks at a lower price. EXISTING POLICY 8. Based on a multi year leasing commitment, staff is seeking Council approval to proceed with a lease for a pickup truck to be used by Bylaw Enforcement staff for a period of 36 months. If approved by council, staff will complete the required leasing documentation and enter into a lease agreement with Cavalcade Ford. ALTERNATIVE(S) 9. The following alternatives are available for s consideration: Alternative #1 The could recommend that the Town enter into a leasing agreement with a different dealership at a higher lease rate. This alternative is not recommended at the Cavalcade proposal represents the best value for the Corporation. Alternative #2 The could recommend that staff seek quotes for leasing from out-of-town dealerships capable of providing a full sized pickup truck. This alternative is not recommended as previous experience has shown that an out-of-town dealership would not be able to offer any substantial savings over and above the submitted quotes from local dealerships. Alternative #3 The could recommend that staff purchase a vehicle rather than pursue a leasing option. This alternative has been discussed with the Treasurer and is not recommended. The Town does not have a reserve established for the acquisition of this vehicle and other funds are not available to finance the purchase of the vehicle. FINANCIAL IMPLICATIONS 10. The leasing of a pickup truck will present an annual cost to the Corporation of approximately $5,635.80 (tax included) based on the lowest lease rate obtained. 11. This represents an annual increase over the previous 2004 lease amount of $564.48 per year.
Staff Report to Administration and Finance Page: 3 Pending #: 12. Funds are available in the 2007 Operating Budget to accommodate this cost and the lease costs will be included in the 2008 Operating Budget. S. Stakiw, Chief By-law Officer