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A Regular Meeting of Committee of the Whole will be held on Tuesday July 21, 2015, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

AGENDA - COMMITTEE OF THE WHOLE MEETING

Tuesday July 21, 2015

Page

1. Call to Order

2. Adoption of Agenda

a. Consideration of a resolution to adopt the agenda.

3. Disclosure of Interest

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutesheld on June 16, 2015.

5. Public Works

a. Delegations and Petitions

1. Dennis Cartwright, Clear Lake Property Owners' Association to attend at 9:00a.m. Re: Clear Lake Boat Launch

2. The following delegations to attend at 9:15 a.m. in regard to Item 5.b.1.Discussion Re: Road Widening on Muskoka Road 169, Bala, North Bala FallsSmall Hydro Project

1. Mitchell Shnier, SaveTheBalaFalls.com2. Representative of Wahta Mohawks3. Representative of Moon River Property Owners' Association

b. Roads and Infrastructure

1. Discussion Re: Road Widening on Muskoka Road 169, Bala – North Bala FallsSmall Hydro Project.

2. Report from the Interim Director of Public Works Re: Appian Way Launch / Dock

5-18

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3. Discussion Re: Temporary Moratorium on signage along Provincial highways in the Township of Muskoka Lakes

6. Corporate Services


1. George Donaldson to attend at 11:00 a.m. Re: Noise By-law Amendment Request for Dirt Bike Tracks (Item 7.c.1., Report)

2. Written submission from Randy Evans Re: Noise By-law Amendment (Item 7.c.1., Report)

3. Eric Luks to attend at 11:15 a.m. Re: Noise By-law (Item 7.c.1., Report)

b. Finance

1. Report from the Interim CAO Re: Canada 150 Community Infrastructure Program.

c. Administration

1. Report from the Interim Director of Public Works Re: Policy Amendment – C-PR-07 Facility Use Insurance Policy

2. Report from the Clerk Re: Delegation of Authority for Original Shore Road and Original Road Allowances

3. Report from the Clerk Re: Town of Northeastern Manitoulin and the Islands Resolution.

7. Community


b. Community and Volunteerism

c. Emergency Management

1. Report from the Fire Chief Re: Noise By-Law #2005-83.

2. Report from the Fire Chief Re: Fire Prevention - Provincial Incident Risk Management Tool.

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35-41

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3. Presentation of a Public Service Award to the Fire Chief

d. Parks, Trails and Libraries

1. Minutes of the May 20, 2015 Muskoka Lakes Public Library Board meeting.

2. Report from the Interim Director of Public Works Re: Memorial Bench,Windermere Beach

3. Report from the Interim Director of Public Works Re: Windsor Park Washroom

4. Parks and Trails Committee meeting minutes of July 9, 2015 and Considerationof resolutions Re: Funding applications

8. Visioning and Economic Development


1. Matt Hanes, Chair, Andy Potts Foundation, to attend at 10:00 a.m. Re: Andy'sRide 2015 (Item 8.c.1., Report)

b. Visioning

1. Report from the Interim CAO Re: Strategic Plan - Tactics

c. Economic Development and Communications

1. Report from the Interim CAO Re: Andy's Ride 2015

2. Report from the Economic Development Intern Re: Active Stronger CommunityProject Outcomes.

9. New and Unfinished Business

a. Discussion Re: Mayor's Appreciation BBQ

10. Committee in Closed Session

a. Committee of the Whole in Closed Session will be held for advice that is subject tosolicitor-client privilege, including communications necessary for that purpose andproposed or pending acquisition or disposition of land by the municipality or localboard, pursuant to Section 239(2) of the Municipal Act, 2001.

91-9495-97

98-104105

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Adjournment

a. Consideration of a resolution to adjourn.

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COMMITTEE OF THE WHOLE MINUTES - June 16, 2015 - Page 1 of 14

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

Tuesday, June 16, 2015 A Regular Meeting of Committee of the Whole was held on Tuesday, June 16, 2015, at 9:00 AM in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Don Furniss C. Harris - Interim CAO C. Mortimer - Clerk COUNCILLORS: T. Guthrie - Clerk's Assistant Jean Ann Baranik R. Hayes - Fire Chief Linda Barrick-Spearn L. Troup - Interim Director of Public WorksSandy Currie, left at 12:33 pm W. Oliver - IT Coordinator Phil Harding C. Moore - FedNor Intern Donelda Kruckel Terry Ledger Gault McTaggart Ruth Nishikawa, Chair REGRETS: Allen Edwards 1. Call to Order

a. Chair Nishikawa called the meeting to order at 9:00 a.m. 2. Adoption of Agenda

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

Resolution Number COW-1-16/06/15 Councillor Harding - Councillor Ledger: Be it resolved that the June 16, 2015 Committee of the Whole meeting agenda be amended to add

- Item 8.a.2. Delegation from Paul and Patricia Arney, Balacade Re: 2015 Kee to Bala Block Party

Carried

Consideration of a resolution to adopt the Committee of

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Resolution Number COW-2-16/06/15

Councillor Kruckel – Councillor Harding: Be it resolved that the Committee of the Whole agenda dated June 16, 2015 be adopted as amended:

- to removed item 7.c.1. Report from the Fire Chief Re: Noise By-law

And to add item:

- 9.a. Discussion Re: Procurement Policy - 9.b. District Updates - 9.c. Report and resolution Re: OMAFRA First Impressions Community

Exchanged Program - 10.a. Closed Session for advice that is subject to solicitor-client privilege - 8.a.2. Delegation for Patricia Arney

Carried 3. Disclosure of Interest

a. None

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on May 19, 2015.

Resolution Number COW-3-16/06/15 Councillor McTaggart - Councillor Kruckel: Be it resolved that the Committee of the Whole Meeting minutes held on May 19, 2015 be adopted.

Carried 5. Public Works a. Delegations and Petitions

1. None


1. Report from the Interim Director of Public Works Re: Glen Orchard Garage Fire / 2011 Western Star Truck. A copy of the report is attached.


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The Interim Director of Public Works introduced the report and answered questions for Committee.

Resolution Number COW-4-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that the Committee of the Whole recommend to Township Council that the Procurement of a Snowplow/Sander Truck to replace the vehicle destroyed in the March 11, 2015, fire, be exempt from Township of Muskoka Lakes Policy C-CAO-13, Procurement Policy, to expedite the replacement of the 2011 Western Star Snowplow/Sander prior to the upcoming winter season.

Carried 6. Corporate Services a. Delegations and Petitions

1. None

b. Finance

1. None

c. Administration

1. Report from the Interim CAO Re: Code of Conduct for members of Council and Committees – Revised. A copy of the report is attached. The Interim CAO reviewed the report for Committee outlining the changes made following the May 2015 Committee of the Whole meeting. Committee discussed the informal complaint process at length and the manner to contact the Integrity Commissioner. The following amendment to the main resolution was considered.

Resolution Number COW-11-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that the resolution be amended by including “and that the informal complaint process, section 21 be amended so that the notification of an informal complaint, including contact information and the nature of the complaint, be made to the Township Clerk who will in turn notify the Integrity Commissioner.”

Carried


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Resolution Number COW-12-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that Committee of the Whole recommend to Township Council that the attached Revised Code of Conduct as amended be recommended to Township Council for approval and replacement of Policy C-GG-06; and That staff be directed to issue an RFP to retain the services of an Integrity Commissioner.

Carried

2. Report from the Clerk Re: Original Shore Road Allowance on Three Mile Lake lying in front of Concession 7, Lot 16, (Watt) MACRITCHIE/VOGAN, 2-16-105. A copy of the report is attached.

Resolution Number COW-5-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Ian Christian MacRitchie and Christine Vogan (2-16-105) lying in front of Concession 7, Lot 16 (Watt) on Three Mile Lake pursuant to the conditions provided in this staff report, as well as Township Council Policy C-LS-08.

Carried

3. Discussion Re: AMO Conference Delegations

Committee discussed possible topics for delegation to the 2015 AMO Conference. The Interim CAO requested that Committee members forward their requests to him for application. Council Baranik indicated she wished to attend the 2015 AMO Conference.

4. Report from the Clerk Re: Bill 8. A copy of the report is attached.

The Clerk provided an overview of Bill 8. She indicated that this report is for

informational purposes with additional reporting forthcoming. She noted that there will be impacts to the Municipality in this regard starting on January 1, 2016.

5. Report from the Clerk Re: Sandpiper Sailboat Request. A copy of the report is

attached.

The Clerk reviewed the request made by the Sandpiper Sailboat Rendezvous. She indicated that the group has submitted a request for fees to be waived for docking during the event. The organizers would make a donation to the Port Carling Nursing Station in lieu of the docking fees.


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Committee discussed the impacts of docking numerous sailboats at the facility and of waiving the fees.

Resolution Number COW-6-16/06/15 Councillor Baranik - Councillor Barrick-Spearn: Be it resolved that Committee of the Whole recommend that Township Council request the District Municipality of Muskoka to waive the docking fees during the Sandpiper Sailboat Rendezvous on Friday August 14 and Sunday August 16, 2015 in support of the Port Carling Nursing Station.

Carried

6. Report from the Clerk Re: North Stormont Resolution. A copy of the report is attached.

Resolution Number COW-8-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes supports the April 28, 2015 resolution passed by the Council of the Township of North Stormont with respect to Farm and Industrial Electricity rates.

Carried

7. Report from the Clerk Re: Keep Hydro Public Resolution. A copy of the report is attached.

Councillor Kruckel requested Committee consider supporting the proposed resolution.

Resolution Number COW-9-16/06/15 Councillor Baranik - Councillor Barrick-Spearn: WHEREAS the public electricity system in Ontario is a critical asset to the economy and vital to the living standard and well-being of all Ontarians; AND WHEREAS it is essential that Ontarians maintain public control and public decision–making with respect to electricity; AND WHEREAS experience in other jurisdictions shows that privatization typically means consumers pay more for electricity; AND WHEREAS a privatized Hydro One will no longer be subject to scrutiny by the Auditor General, the Ombudsman, the Financial Accountability Officer, or the Integrity Commissioner, and will no longer be required to provide information or services to citizens under the Freedom of Information and Protection of Privacy Act, the Public Sector Salary Disclosure Act, or French Language Service Act;


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AND WHEREAS our public electricity system currently generates hundreds of millions of dollars in revenue for the provincial government every year to help pay for public services we all depend on; AND WHEREAS the sale of shares in Hydro One will provide a short-term financial gain for the province in exchange for a much larger long-term financial loss; AND WHEREAS the provincial government has no mandate from voters to sell any part of Hydro One; AND WHEREAS opinion polls show Ontarians oppose the privatization of Hydro One by a significant margin in every part of the province; NOW THEREFORE BE IT RESOLVED that the Committee of the Whole recommend to Township Council that the Township of Muskoka Lakes call on the provincial government to:

Halt the sale of any part of Hydro One, and maintain Hydro One as a public asset for the benefit of all Ontarians;

Strengthen Hydro One by investing in the next generation of workers and upgrading our electricity transmission infrastructure;

Respect the autonomy and local decision-making powers of local distribution companies by not forcing these companies into mergers or sales;

AND BE IT FURTHER RESOLVED that the Township of Muskoka Lakes communicate this resolution to the Premier, with copies to the Minister of Finance, the Minister of Energy, MPP Norm Miller, and the Association of Municipalities of Ontario (AMO); AND FURTHER BE IT RESOLVED that the Township of Muskoka Lakes work through AMO to encourage other Ontario Municipalities to express their opposition to the privatization of Hydro One.

Defeated 7. Community a. Delegations and Petitions

1. Terrance Chute, West Muskoka Food Bank attended at 10:30 a.m. Re: Free Family BBQ Dinners at Windsor Park, (Refer to item 7.b.1., Report) Terrance Chute delegated Committee to request consideration of the West Muskoka Food Bank holding free family BBQ dinners at Windsor Park in Bala during the weekly Tuesday evening ski shows. Mr. Chute read his letter to Committee, as attached to


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the staff report.

b. Community and Volunteerism

1. Report from the Interim Director of Public Works Re: Free Family BBQ Dinners at Windsor Park. A copy of the report is attached. (Refer to Item 7.a. Delegations)

Committee discussed concerns with competing challenges and impacts on local businesses and groups supported by donations.

Resolution Number COW-10-16/06/15 Councillor McTaggart – Councillor Kruckel: Be it resolved that Committee of the Whole recommend to Township Council that permission be granted to the West Muskoka Food Bank (Terry Chute) for the operation of a Free Family BBQ Dinner to be held at Windsor Park in Bala on Tuesday evenings during the weekly ski show this summer, as per the conditions outlined in the staff report dated June 16, 2015.

Defeated Committee asked Mr. Chute to be in touch with the Ward A Councillors to discuss

other fundraising opportunities in Bala for the West Muskoka Food Bank.

It was noted that the West Muskoka Food Bank would be the recipients of the proceeds from the Mayor’s Golf Classic to be held on June 22, 2015.


1. Report from the Fire Chief Re: Noise By-law.

This item was removed from the agenda by Resolution COW-2-16/06/15 (item 2.a, Adoption of Agenda).

2. Report from the Fire Chief Re: Water Tanker Shuttle Accreditation. A copy of the

report is attached.

The Fire Chief reviewed the Water Tanker Shuttle Accreditation process which was recently carried out. He indicated that certification was awarded to the Township of Muskoka Lakes. The Fire Chief answered questions in regard to the service radius noted in the report. A press release will be provided to local media advising the public of the Water Tanker Shuttle Accreditation program.

3. Report from the Fire Chief Re: Simplified Risk Assessment update. A copy of the

report is attached.


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The Fire Chief reviewed the report for Committee and noted that the Simplified Risk Assessment has been updated by the Township’s Fire Department.

Resolution Number COW-13-16/06/15 Councillor Harding - Councillor Ledger: Be it resolved that Committee of the Whole recommend to Township Council to accept the Simplified Risk Assessment for 2015 and direct the Fire Chief to submit it to the Office of the Fire Marshal and Emergency Management.

Carried

4. Report from the Fire Chief Re: Sandpiper Sailboat Fleet Rendezvous an exemption to the Parking By-law #91-67. A copy of the report is attached.

The Fire Chief reviewed the Sandpiper Sailboat Fleet Rendezvous request for an

exemption to the parking by-law to accommodate boat trailers.

Resolution Number COW-7-16/06/15 Councillor Harding - Councillor Ledger: Be it resolved that Committee of the Whole recommend that Township Council provide a parking by-law exemption to Sandpiper Sailboat Fleet Rendezvous as outlined in the staff report dated June 16, 2015. Carried

d. Parks, Trails and Libraries

1. Report from the Interim Director of Public Works Re: Tree planting and dedication plaque in Hanna Park, Port Carling. A copy of the report is attached.

This Interim Director of Public Works reviewed the report for Committee.

Resolution Number COW-14-16/06/15 Councillor McTaggart - Councillor Kruckel: Be it resolved that the Committee of the Whole recommends to Township Council that approval be given to Mr. Brian Atkinson for the placement of a memorial plaque and tree planting in Hanna Park subject to the conditions outlined in the report dated June 16, 2015.

Carried

2. Report from the Interim Director of Public Works Re: Multisport Canada Events 2015. A copy of the report is attached. Councillor Harding left the Council Chambers at 12:07 pm.


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The Interim Director of Public Works reviewed the report for Committee.

Resolution Number COW-15-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that Committee of the Whole recommend to Township Council: 1. That the information in regard to the Bracebridge Triathlon to be held on August 8 and 9, 2015 be received and the liability insurance provided by Multisport Canada for the use of the Township of Muskoka Lakes roads for that event (Butter & Egg Road, Milford Bay Road and Beaumaris Road) be accepted. 2. That the 19th Annual Bala Falls Triathlon, to be held on Sunday July 26th, 2015, be approved in accordance with MultiSport Canada’s correspondence, subject to the conditions as stipulated in this report; AND FURTHER THAT this resolution provides approval for the commercial use of Jaspen Park for this same event in future years provided no changes are made to Township policies or procedures relating to the commercial use of the Park and the Pavilion; and provided there are no changes in any aspect of the event organization from what is outlined in 2015.

Carried

3. Minutes of the April 22, 2015 Muskoka Lakes Public Library Board meeting. A copy of the minutes is attached.

The Interim CAO answered questions in regard to the Memorandum of

Understanding between the Township and the Library and the temporary location of the Port Carling Nursing Station.

Councillor Harding returned to the Council Chambers at 12:20 pm.

4. Verbal Report from Councillor Nishikawa Re: Parks and Trails Committee

Councillor Currie left the meeting at 12:33 pm.

Councillor Nishikawa brought forward a discussion relating to the use of All Terrain

Vehicles on Township Roads. Committee requested a future staff report in this regard.

8. Visioning and Economic Development a. Delegations and Petitions


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1. Mike Strong, Kee to Bala, attended at 11:10 a.m. Re: 2015 Kee to Bala Event Proposal. (Refer to item 8.c.1. - Report)

Mike Strong, Kee to Bala, delegated Committee requesting permission to hold a

Block Party on Saturday August 8, 2015 in conjunction with the 2015 Wakestock event. He requested the required temporary road closures, no parking – tow away zones, an exemption to the noise by-law and a reduction of the required $5 million dollar liability insurance to $2 million dollars for the event.

2. Patricia Arney, Balacade, attended at 11:16 am Re: 2015 Kee to Bala Event (Refer

to item 8.c.1. - Report)

Patricia Arney read her correspondence as submitted in regard to the proposed Kee to Bala Event, a copy of which is attached. Ms. Arney outlined her concerns with regard to impacts on the Bala Falls Road businesses regarding the temporary road closure, parking and noise. She requested deferral or denial of the request.

Committee permitted Tiffany Bol, Moon River Lookout, who was in attendance, to address Committee at 11:21 am. Ms. Bol spoke to the 2014 event, requested that the 2015 event be reworked to benefit all of Bala Falls Road businesses, and requested open communication and discussion in regard to the event.

b. Visioning

1. Report from the Interim CAO Re: Strategic Plan - Revised. A copy of the report is attached. The Interim CAO introduced the report and answered questions with regard to the implementation of the plan, action items, budget and tactics. Committee reviewed the Township Vision and Mission statements and provided suggested amendments. Councillor Harding indicated he would forward the amended wording to the Interim CAO.

Resolution Number COW-21-16/06/15 Councillor Barrick-Spearn - Councillor Baranik: Be it resolved that Committee of the Whole recommend to Township Council that subject to any further input from Council and members of the public, the revised draft of the Township of Muskoka Lakes 2015 - 2018 Strategic Vision be received and recommended to Council for approval. Carried

c. Economic Development and Communications

1. Report from the Fire Chief and the Interim Director of Public Works Re: 2015 Kee to Bala Event Proposal. A copy of the report is attached. (Refer to Item 8.a. -


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Delegations) Committee discussed the proposed 2015 Kee to Bala Block Party to be held on

August 8, 2015 in relation to the delegations heard by the organizer and neighbouring business owners. Amendments to approvals were made to the satisfaction of all parties.

Resolution Number COW-16-16/06/15 Councillor Baranik - Councillor Barrick-Spearn: Be it resolved that Committee of the Whole recommend to Township Council that the Kee to Bala be provided the following support from the Township of Muskoka Lakes for the 2015 Kee to Bala Block Party being held from 9:00 p.m. on Saturday August 8 to 1:00 a.m. on Sunday August 9, 2015: - A temporary vehicle road closure for a portion of Bala Falls Road from Walker Street south west to East of Bala Falls Pub from 8:00 a.m. on Saturday August 8, 2015 until 8:00 a.m. on Sunday August 9, 2015; this closure would also include a temporary no parking and tow away zone for the same period; - A full closure on the same section of road from 4:00 p.m. on Saturday August 8, 2015 until 8:00 a.m. on Sunday August 9, 2015; this closure would also include an extension of the temporary no parking and tow away zone for the same period to include all of South Bala Falls Road; - A temporary exemption to the Township of Muskoka Lakes’ Noise By-law 2005-83 for the event from 9:00 p.m. on Saturday August 8, 2015 until 1:00 a.m. on Sunday August 9, 2015; - Provide a letter of no objection (municipal support) for the temporary extension of the Kee to Bala’s Liquor License under the Alcohol and Gaming Commission of Ontario for this event. AND FURTHER THAT provided all provisions are met by the event organizers (to the satisfaction of the Fire Chief and Interim Director of Public Works) the required by-laws noted above be considered at the July 17, 2015 Council meeting; AND FURTHER THAT proof of limited liability insurance naming the Township of Muskoka Lakes as insured be provided in an amount no less than $5 million dollars.

AND LASTLY THAT the Kee to Bala event organizers meet the provisions outlined in the June 16, 2015 staff report in regard to barricades, signage and public notice, costs and deposits and to meet the deadlines for documentation required by the Municipality during the organization of the event.

Carried


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2. Report from the Fire Chief and the Interim Director of Public Works Re: 2015 Wakestock Event Proposal. A copy of the report is attached.

The Fire Chief provided an overview of the requirements needed by the Wakestock

organizers for the proposed 2015 event.

Resolution Number COW-17-16/06/15 Councillor Harding - Councillor McTaggart: Be it resolved that Committee of the Whole recommend to Township Council that Wakestock organizers be provided the following support from the Township of Muskoka Lakes for the 2015 World Wakeboard Association’s event “Wakestock” being held from Thursday August 6, Friday August 7, Saturday August 8 and Sunday August 9, 2015. - Establishment of a temporary “no parking – tow away zone” for a portion of Grey Street Bala from Muskoka Road 169 to the Bala Fire Station from 12:01 a.m. Thursday August 6 until 11:59 p.m. Sunday August 9, 2015; - Establishment of a temporary “no parking – tow away zone” for a portion of Dudley Road Bala from Muskoka Road 169 for 100 metres from 12:01 a.m. Thursday August 6 until 11:59 p.m. Sunday August 9, 2015; - A temporary exemption to the fees and time restrictions of the Township of Muskoka Lakes’ Dock By-law 2003-29 for the duration of the Wakestock event from Thursday August 6, 2015 until Sunday August 9, 2015 at the Windsor Park docks; - An exemption to the fees of the Hawker and Peddler By-law, Refreshment Vehicle By-law, and Transient Trader By-law for sponsors and vendors setting up booths at Bush’s Watersports Park for the Wakestock event. While an exemption is being made to the fees of these noted by-laws the applications for and provisions of those by-laws must still be met by those vendors. AND FURTHER THAT provided all provisions are met by Wakestock organizers (to the satisfaction of the Fire Chief and Interim Director of Public Works) the required by-laws noted above be considered at the July 17, 2015 Council meeting; AND LASTLY THAT Wakestock event organizers meet the provisions outlined in the June 16, 2015 staff report in regard to signage and public notice, parking and traffic/shuttle plans, medical emergency plan, required licenses and applications, all costs associated with the event and to meet the deadlines for documentation required by the Municipality during the organization of the event.

Carried 9. New and Unfinished Business

a. Discussion Re: Procurement Policy


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Committee held a brief discussion in regard to including a local bidder provision in the Township’s procurement policy. The Interim Director of Public Works provided information regarding similar policies previously considered by other municipalities and the related challenges. It was the consensus of Committee for staff to investigate the matter further and report back to Committee.

b. District of Muskoka Updates

‐ Mayor Furniss – District Corporate and Emergency Services Committee – update included IT Services, Emergency Services, ambulance response times / ambulance service contract bids, Policing Services, staff training and a local subsidized housing opportunity.

‐ Councillor Harding – District Engineering and Public Works Committee – update included bridge and culvert updates, North Corridor, Muskoka Road 169 road widening, highway winter maintenance, recent culvert failure on Muskoka Road 169, Muskoka Airport Expansion project cancellation and animated signs.

‐ Councillor Nishikawa – District Community Services Committee – update included website

improvements, seniors programs, homeless initiatives, attainable housing and the Health Link Hububaloo communication.

c. Report from the Economic Development Intern Re: OMAFRA First Impression Community Exchange Program. A copy of the report is attached. This item was referred from the June 12, 2015 Council meeting as a result of the delegation received from the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Corey Moore, FedNor Intern, introduced the report to Committee.

Resolution Number COW-18-16/06/15 Councillor Kruckel - Councillor McTaggart: Be it resolved that Committee of the Whole recommend to Township Council to allocate up to $2,000 from the 2015 Council Budget to support the Township’s Economic Development interest in the OMAFRA – First Impressions Community Exchange Program to be spearheaded by the Muskoka Lakes Chamber of Commerce. AND FURTHER THAT the Economic Development Liaisons Mayor Furniss and Councillor Harding and the Fednor Youth Intern for Economic Development be involved in the program on the Township’s behalf. Carried


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10. Committee in Closed Session

a. Committee of the Whole in Closed Session was held for advice that is subject to solicitor - client privilege, including communications necessary for that purpose, pursuant to Section 239(2) of the Municipal Act, 2001.

Resolution Number COW-19-16/06/15 Councillor Kruckel - Councillor Harding: Be it resolved that Committee of the Whole in Closed Session convene at 1:52 p.m. for advice that is subject to solicitor – client privilege, including communications necessary for that purpose, pursuant to Section 239 (2) of the Municipal Act, 2001. Carried Resolution Number COW-20-16/06/15

Councillor Kruckel - Councillor Harding: Be it resolved that Closed Session reconvene as Committee of the Whole at 2:43 p.m. to report on matters arising from Closed Session. Carried

There was no report to Committee arising from Closed Session. 11. Adjournment

a. Consideration of a resolution to adjourn.

Resolution Number COW-22-16/06/15 Councillor Harding - Councillor Ledger: Be it resolved that this meeting adjourn at 3:05 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday, July 21, 2015 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling. A Special Council meeting will be held on Thursday June 18, 2015 at 8:45 a.m. to consider an amendment to the Nursing Station resolution # C-47-12/06/15.

Carried

Councillor Ruth Nishikawa, Chair Cheryl Mortimer, Clerk


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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: Appian Way Launch / Dock - Part 1, Plan 35R-24414 RECOMMENDATION: THAT The Township of Muskoka Lakes proceed with the

purchase of the filled Crown Land described as Part 1, Plan 35R-24414, Lot 20, Conc.4, Medora for an approximate cost of $3,500.00.

APPROVALS: Date Signature Submitted By: L. Troup

Interim Director of Public Works 06/15/15 Original Signed by L Troup

Acknowledged By: Clayton Harris, 06/15/15 Original Signed by C Harris

Interim CAO

ORIGIN:

Attached correspondence dated June 9, 2015, from Cliff VanKoughnett, Ministry of Natural Resources and Forestry (MNRF). BACKGROUND: In 2008, extensive improvements were made to the Appian Way dock and launch to address commercial and recreational needs. At the time it was sufficient to enter into a Land Use Agreement with the MNRF. The fee is $271.20 annually. I have been advised that the MNRF is pursuing a program to terminate the Land Use Agreement and sell the property. This program has been implemented for liability

Report from the Interim Director of Public Works

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matters and likely to generate upfront revenue. When speaking to Mr. VanKoughnett he indicated our options were limited. FINANCIAL:

One-time payment of approximately $3,500.00.


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Trou?,Len

From: Vankoughnett, Cliff(MNRF) <C|[email protected]>

Sent: Tuesday, June 09, 2015 3:24 PM

To: Troup, Len

Cc: Mortimer, Cheryl

Subject: Application to purchase filled Crown land our file PWL—MEDO—086

Attachments: Application_for_Crown_Land_Bi|ingua|_—_830Jan31_2005.doc;Letter.pdf

HelloMr. Troup,

As discussed i would like to initiate the sale process for the filled land lying in front of the original road allowance

between lots 20 and 21 concession 4 in the geographic township of Medora (CL17120 as shown on Plan 35R-24414).

This sale is associated with MNRFwork permit MNR—BB-08-21.I will need you to fillout and submit the attached

application for Crown land, this will provide the basic information we willrequire to begin the process, there may be

additional documentation requirements once our review process has been initiated. I have also attached a copy of the

cover letter associated with the original permit amendment which indicated the sale price based on the MOU of the

time, please note that this rate may have changed, the value of the land willbe determined after we have moved

forward with the process.

Thank you, please do not hesitate to call with any questions.

Clifford VanKoughnettResource TechnicianParry Sound DistrictMinistry of Natural Resources & Forestry

I Llu, .4u\..\.n., - um , .,v........ '

P2A 154Tel: 705-773-4222Fax: 705-746-8828Email: [email protected]

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July 13, 2015

To: Mayor Furniss and Council of the Township of Muskoka Lakes

From: George and Ruth Donaldson

Regarding: Noise from Motocross Racetrack in Ullswater

This letter is being sent by email along with photos of the above mentioned track and links to existing by-laws for surrounding municipalities. We have also attached letters from other individuals that have been affected by the noise from the track.

The noise from this track substantially and unreasonably interferes with the use and enjoyment of our property and causes a decrease in the value of our property and surrounding properties. The negative impact of this track affects the entire Hamlet of Ullswater and beyond.

It is our hope that Council will update the existing Noise By-Law for The Township of Muskoka Lakes and provide the residents with benefits aligned with the other municipalities in The District of Muskoka, thereby eliminating tracks such as this.

Background information:

The entrance to the track is on Ed Briese Road directly opposite our driveway. There isn’t a 911 emergency number at the entrance. We estimate the track is approximately 400 feet in from the road. The scope of the track is not apparent from the end of the driveway. Please see the attached aerial photo from The District of Muskoka Web Map.

The Merriam-Webster dictionary defines Motocross as:“A closed-course motorcycle race over natural or simulated rough terrain (as with steep inclines, hairpin turns, and mud)”The aerial photo of the Evans’ property shows a Motocross racetrack. Shortly after we moved to Ullswater, in August 2013, we were visited by Mike Evans. He and his brother, Randy Evans, operate the track and Mike said he came by “to tell us how this works” He said it is a professional track and amateurs should not be on the premises. He gave us his phone number and said we should call him if anyone was there other than during the posted track times. He said the members pay for the use of the track.

George Donaldson to attend at 11:00 a.m. Re: Noise By-

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In the Spring of 2014, we heard machinery operating on the track for the better part of a week. Randy Evans was operating a bull dozer/excavator and grooming the track. He said it was a professional track.

The track is in operation as soon as it is dry in the Spring and continues until late fall. The posted track times are Sunday 1 - 4:30 pm and Wednesday 5:30 pm until dusk (see photo)

The bikes are brought in on trailers and enclosed vans. Randy Evans has said that as many as 10 bikes may be there at a time.

During track times we are unable to enjoy the use our property. The noise is constant and unbearable both outside and inside our house. Even with all of the windows closed the noise is still pervasive. We have tried ear protection when outside, playing the stereo when inside but we still hear the bikes. The sound varies with the different dirt bikes - it can be high pitched and sharp, booming and nerve wracking, and is always annoying and unrelenting. At times we can actually “feel” the noise.

We are unable to carry on a conversation when outside while the bikes are running. On one occasion our grandson was getting too close to a muddy area on our property. He could not hear our raised voices calling to him to stop.

We have to plan our lives around the dirt bikes which means we have to leave our home every Sunday afternoon all summer long in order to get away from the noise. We are unable to entertain over a weekend due to the disruption caused by the noise from the track. The track interferes with family time and personal time. We have tried to use our Muskoka room Sundays and Wednesdays but are driven indoors or off the property by the intolerable noise.

We have driven along Hwy #141 to see how far the sound carries. It can be heard on Russ Hammell Road in Raymond in one direction and Bent River in the other. This is approximately 5 km from Ullswater in each direction and gives an idea of how loud it is at the source.

The noise can also be heard at Diamond in the Ruff - both at the golf course and at the fractional cottages. This is 3.5 km away from the track.

We have discussed the noise from the track with a neighbour who lives 1 km. down the road. Her dog is frightened by the loud noise of the dirt bikes and will not go outside while they are running. Other people have said the only way they can deal with the noise from the track is to leave while it is in operation.


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This track is in the middle of the Hamlet of Ullswater. Our hamlet includes a church and community hall. These facilities are also affected when the bikes are operating. Several years ago, representatives of the congregation at the church had to speak to the Evans’ because the bikes were running on Sunday mornings and interfering with the church service. Currently, a family service in the cemetery would be impossible during track times. If someone were to rent the community hall for a function during track times, the noise from the bikes would prevent them from being able to converse in the hall.

The excessive noise generated by the dirt bikes exceeds the levels recommended by the Ministry of the Environment in the “Environmental Noise Guidelines - Publication NPC - 300.”

On Sunday, May 24, there was an accident at the track resulting in a serious injury. Following this incident, we were visited by Fire Prevention/By-Law Officer, Doug Holland and had the opportunity to voice our concerns.

Noise By-Laws within the District of Muskoka

In follow-up to our meeting with Doug Holland, we checked websites, contacted by-law officers in surrounding communities and have gathered the following information pertaining to Noise By-Laws. (links for all By-Laws noted below are in our covering email)

Township of Muskoka LakesThe current By-Law No. 2005-83, paragraph 3 states:“Whereas the inhabitants of The Township should have an environment free from unusual, unnecessary or excessive noise which may degrade the quality and tranquility of their life or cause *nuisance” However, Schedule 2, Prohibition by Time and Place, only prohibits the track from operating between 23:00 one day to 7:00 next day (11:00 p.m. to 7:00a.m.) We feel that this portion of the Noise By-Law needs to be amended and more closely aligned with the rest of the District of Muskoka.* The definition of Nuisance in the Canadian Law Dictionary is: Excessive or

unlawful use of one’s property to the extent of unreasonable annoyance or inconvenience to a neighbour or to the public.

Town Of BracebridgeChief By-law Officer, Scott Stakiw said the noise by-law in Bracebridge was changed because of complaints such as ours. We understand that Randy Evans owns a large property on Hwy #118 in Bracebridge and yet he comes to Ullswater to race his dirt bike.


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Scott Stakiw said the following items would apply to zoning comparable to ours - it was not strictly for residents “in town”. (The following does not include tractors, riding lawn mowers etc.) Schedule “A” covers Prohibited Acts and Devices and item 10 states: ”The operation of a stationary and/or moving motor vehicle on a property for a period exceeding 15 continuous minutes or a period exceeding 15 intermittent minutes in any one hour period of time” as a prohibited act”.”

We have also included the link for the Town of Bracebridge pamphlet“Noise Control in Bracebridge” On Page 2 there is a list:Noise (Unwanted Sound) From the Following are Prohibited at all TimesItem 8. “The operation of a stationary and/or moving motor vehicle on a property for a period exceeding 15 continuous minutes or a period exceeding 15 intermittent minutes in any one hour period of time. “

Township of Georgian BaySchedule 1 Attached to and forming part of by-law 2012-100. General Prohibitions“The following activities are subject to prosecution pursuant to Section 2 of the by-law, if audible at a point of reception:1. Racing of any motorized vehicle other than in a lawful racing event.”

Township of Lake of BaysMichael Wilmon, By-law Enforcement Officer, said this would not be a permitted use in their Township. He referred to Noise By-law No. 00-59. Schedule 1 - General Prohibitions includes:Item 2. “The racing of any motorized conveyance other than in a racing event regulated by law.”

Town of GravenhurstManager of By-Law services, Michael Cormier advised that this issue would be dealt with under zoning.

Town of HuntsvilleChief By-law Officer, Andrew Stillar said the by-laws were updated in 2015 and the items referred to below would cover our type of property and noise concern. . 1.8 “excessive noise” means noise under human control and of such a

nature as to interfere with the peace, comfort and convenience of any person. The person making the complaint must not be in or at the same place where the noise is being emitted.


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. 1.13 "point of reception" means any place on a property where sound or vibration is heard, the source of which does not originate from same property;

. 2.0 PROHIBITIONS

. 2.1 No person or owner shall emit, cause or permit the emission of noise, which is clearly audible to a person at a point of reception, resulting from an act listed in Schedule “A” - Prohibitions within the prohibited time shown for such an act.

. 2.2 No person or owner shall emit, cause or permit the emission of excessive noise, which disrupts the normal living or working environment of a person at a point of reception, resulting from an act listed in Schedule “A” - Prohibitions, regardless of the prohibited time as listed.

Schedule “A”

6. The operation of any motorized conveyance other than on a highway or authorized snowmobile trail.

13. The operation of a motorized conveyance in such a way as to rev the engine beyond what is required for normal operation and maintenance.

It should be noted that in conversation with Andrew Stiller, Town of Huntsville and Scott Stakiw, Town of Bracebridge, we were told that transition to the new Noise By-Law was smooth and met with little opposition from the public.

In closing, we would like to thank Mayor Furniss and Council for taking the time to review our concerns and consider an amendment to the existing noise by-law. Please accept an open invitation to come and experience what we endure twice a week, all summer long. It is our opinion that there isn’t any person, including the bikers who use this track, who would want this motocross racetrack in their backyard. With our current noise by-law, anyone living in the Township of Muskoka Lakes could have the same thing happen near them.

We look forward to your feedback and are available to answer any questions you may have.

Sincerely,

George and Ruth Donaldson


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PRIVATETRACKPERMISSIONREQUIRED


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1

Guthrie, Teri

From: Gunta Towsley Sent: Tuesday, July 14, 2015 2:50 PMTo: Guthrie, TeriSubject: Fw: Re Donaldson - Township Noise By-law

Hi Teri This is the letter I wrote for Ruth and George. Please include it in their presentation materials for the Committee of Whole, July 21, 2015 Gunta

On Jun 25, 2015, at 1:44 PM, Gunta Towsley wrote: Ruth and George: I agree that it is time to review the Noise By-law of 2005 and update it to reflect today's expectations and legislation regarding health and safety for our citizens/ratepayers, animals and wildlife. This bike track has been in our neighbourhood for the 26 years we've lived here. We live about 1 km down the Ed Briese Road from the bike track. Our 12 year old, 80 pound, Bouvier de Flanders has always wanted to come in and not wanted to go for walks during the roar of the bikes Wednesday evening or Sunday afternoon. It's hard to complain about your neighbour - we value our neighbours. We also realize that having fun riding dirt bikes with people of all ages, from age 5 and up, is an important social and physical activity. It's not the activity that is bothersome, it's the noise of the activity. Other towns and municipalities in The District of Muskoka have or are in the process of updating their Noise By-law. We ask that Council review the Township of Muskoka Lakes By-law. (Please feel free to share my email) Sincerely Gunta Towsley


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Nancy J. Hill 10B Kimberley Ave., Apt 212, Bracebridge, Ontario, P1L 0A6

Re: Bi‐law 2005‐83

To control noise

Re: Review of Bike Track off Ed Briese Road. To whom it may concern; Between January 1, 2000 and August 8, 2013, my husband, the Rev. Peter Hill and I, Nancy, lived at 1009 Ed Briese Road. We lived across the street from the entrance to the dirt bike track off Ed Briese Road which was owned by Bill Evans and family. The track which is open Wednesday and Sunday was in operation during the spring, summer and fall of those years in which we lived across the street. The noise generated by these two stroke engine bikes was loud and unbearable. We were fortunate to have a family cottage to go to most Sunday afternoons. We never entertained on Wednesday or Sunday as we would have been embarrassed to put our guests through this racket. The noise was such that I rarely gardened outside during track times as it was very uncomfortable. We were bothered over the years by outsiders using the track at times other than the stated track times. Peter, my husband, would phone Mike Evans and that is when he put up an ugly sign at the entrance to the track. I am sure it was not a regulation sign as it said STOP in big letters and was right at the edge of the road across from our driveway. Peter and I also received a visit from Mike Evans around 2005 or 6 (not sure exactly) after his brother, Randy at the track had a serious accident. He informed us that for insurance purposes etc. that it would no longer be a dirt track bike for a club but would be used occasionally my his family and a few friends. We were also bothered occasionally by dirt bikes travelling down the hydro line right‐ away on our property during the track bike hours. A few did not respect our property rights and we had no power to talk to them because they would be gone before we could walk down to the hydro line. I think it would be wonderful if the bi‐law could get the track to silence their bikes. In this day and age, two stroke engines are unnecessary, polluting and menace to a residential community. Persons as far away as Skeleton Lake and Three Mile Lake have complained to me about the noise these machines make. Yours sincerely, Nancy J. Hill


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Committee of the whole From: Randy Evans Sent: July-15-15 2:14 PM

To: Jodie Subject: Committee of the whole ( noise complaint)

Mayor Furniss and the Members of the Committee of Whole

My name is Randy Evans, I operate the motorcross track in Ullswater that is under complaint due to noise. I am a local business owner and a father of three kids, two of which actively ride at the track on the specified times. There are also many other families that participate at the track with ages ranging from five to 60 years of age. All of the parents involved appreciate greatly the importance of kids and young adults having access to something like motocross. This is a sport that builds confidence, teaches discipline, build friendships, gets kids outdoors and above all else facilitates a family environment. This track has a history in the area of over 35 years with many past riders returning to ride with their children andgrandchildren.I personally ride as does my 18 and 12 year old sons.

I first met the complainant was last spring while I was doing maintenance to the track. At this time Mrs. Donaldson approached me to have a conversation. After introducing ourselves we had a very friendly conversation for about 20+ minutes, talking about her family history and mine in the area. Her main concern with the track at this time was that; in her words, " it wasn't going to be six days a week that she had to hear the bikes". I explained to her at this time that we ride Wednesday evening from 5:30 until usually no later then 8pm when daylight allows, and Sunday afternoons from 1-4 pm. I also went on to say that as the days get shorter Wednesday nights become very limited and as we move towards the fall it is typically just Sunday afternoons. Mrs Donaldson at this time seemed relieved and ok with what I had explained. She asked at this time if she could be involved with the placement of the "private track and times sign" at the track entrance. The following Wednesday Doug and Damon Wilding (father and son riders) under her guidance placed the sign in from the road approximately 40 feet. She explained at this time that she didn't want people visiting her to see the sign. At this time she seemed to be very happy with the sign placement and expressed so.

This was the last communication with Mrs Donaldson between myself or any other participants at the track that I am aware of.

Approximately 1 year had passed and on the first week in June of this spring (2015) I received a phone call from the Township of Muskoka Lakes to let me know that there had been a noise complaint regarding the motocross track. We have always greatly appreciated the neighbors around the motocross track and their tolerance regarding the noise created by our bikes! At this time as an effort to keep the peace all the riders purchased sound restrictors. These restrictors are added in line to the existing muffler that is on the bike from the factory and cut the decibel level of the bike by 6-10 db. Because the measurement of sound is on an algorithmic scale, this translates to a significant reduction in sound. I will also add at this time that people who ride or enter the track during off times for any reason are trespassing and unfortunately is quite often out of my control. we have made every effort to controlthis by having posted trespassing and track time signs.This was also explained to Mrs.Donaldson at the time we spoke.

As responsible community minded people we have always tried to be aware of the effect that we have on others in the surrounding area of the track. An example of this was the last update to the times that we rode. These changes were made

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Written submission from Randy Evans Re: Noise By-

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Committee of the wholeapproximately 15 years ago for the late Peter Hill and his wife who both ended up being supporters of the track. Peter Hill and his wife are the previous owners of Mrs. Donaldson's house.

I would like to conclude by saying that we have always been aware of impact to others with regards to noise. I have always hoped that the people in the surrounding area who have issues with the track would come out on one of the ride times to see what we do and talk about any issues they might have in hopes of resolving them on a personal level. This of coarse includes Mrs Donaldson. This being said, I hope that we can work together to to allow the use of the track for myself and other family's involved. I believe that there is so many positive things that come from the use of the track hence the reason it's lasted so long.

Best Regards,

Randy Evans

Sent from my iPhone

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Written submission from Randy Evans Re: Noise By-

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TO: Mayor Furniss and Members of Council MEETING DATE: JULY 21, 2015 SUBJECT: CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM RECOMMENDATION: That Committee of the Whole recommend to Township Council

that the four (4) projects indentified in the staff report be submitted to the Canada 150 Community Infrastructure Program for funding;

That the Mayor and Clerk be authorized to execute the necessary documents to give effect to this recommendation.

APPROVALS: Date Signature

Submitted By: Clayton Harris, Interim CAO July 15/15 Original signed by C. Harris

ORIGIN: The Federal Government has announced a community infrastructure program to

mark the celebration of the 150th anniversary of Confederation. BACKGROUND: In May, 2015 the Prime Minister announced a new Canada 150 Community

Infrastructure Program. The Program will provide support for existing community and cultural infrastructure across the country as a way to celebrate Canada’s 150th anniversary of Confederation.

The Program will provide support for the renovation, expansion and rehabilitation

of existing infrastructure that provides community benefits for the public. The Federal government has committed $150M over the next 2 years. The Program is anticipated to support up to 1,800 projects across the country. Municipalities are among the eligible recipients. For the purposes of this program, the Township of Muskoka Lakes is considered Northern Ontario. The Program Guidelines are provided as Attachment 1.

Mr. Ron Begin, FedNor’s Community Economic Development Officer for the

Township advised that the Program will try to benefit as many communities as possible, therefore funding will be limited and municipalities should prioritize their

Report from the Interim CAO Re: Canada 150

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submissions. Senior staff met to review the criteria and develop a list of projects to recommend to Council for submission. Based on the Program criteria and discussions with senior staff the following four (4) projects, in priority order are recommended for submission:

1. Duke House – Siding and windows; 2. Windsor Park Washrooms; 3. Communications Tower in Raymond; 4. Clear Lake Boat Ramp.

For the costs to qualify for funding, work would not begin until after April 1, 2016.

Staff believe that these projects can be completed within the timelines identified in the Program. Further details with respect to each of the above projects are provided in Attachment 2.

FINANCIAL: The projects that have been recommended by staff for submission represent

work that is required in the near future and if not partially funded through a grant program would otherwise be fully funded by the Township. As shown on Attachment 2 the total cost of the four (4) projects if approved would be $515,000. The Township portion and the program funding portion would be $336,000 and $179,000 respectively. Staff are refining the project details and cost estimates and will advise Council if there are any significant changes from what is provided in Attachment 2.


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Home

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Canada 150 Community Infrastructure Program Guidelines

To mark the celebration of Canada's 150th anniversary, the Government of Canada

is investing in the rehabilitation or improvement, including expansion, of existing

community infrastructure assets and facilities. In Northern Ontario, the Canada 150 Community Infrastructure Program will be administered by FedNor.

Eligible Recipients

Organizations eligible to apply for funding under the Canada 150 Community Infrastructure Program include:

• Municipalities and First Nations in Northern Ontario;• Not-for-profit organizations such as community, economic development and Aboriginal

organizations, or industry and business associations;• Provincial entities that provide municipal-type services to communities, as defined in provincial

statutes; and,• Public sector bodies that are established by or under provincial statute or by regulation or are

wholly owned by a province or municipal government and provide municipal-type infrastructure

services.

Eligible Projects

Eligible projects will be for the rehabilitation or improvement, including expansion, of existing

infrastructure for public use or benefit that:

• provides long-term benefits to a community, will be viewed with pride by a community and

leave a meaningful lasting legacy resulting from Canada 150 Community InfrastructureProgram;

• is non-commercial in nature, open for use to the public and is not limited to a privatemembership; and,

• can be completed by March 31, 2018.

In Northern Ontario, preference will be given to projects that are construction ready, and can be

materially (substantially) completed by December 31, 2017.

Projects must fall within the following categories to be eligible for funding:

• community centres;• cultural centres;

• museums;• libraries;

• parks;• recreational facilities such as local arenas, gymnasia, swimming pools, and sports fields;

• cenotaphs; and,• other existing community infrastructure that will have a public benefit.

Definitions

"Rehabilitation, improvement, including expansion" – Canada 150 Community Infrastructure

Program funding is for the rehabilitation and improvement of existing infrastructure. Expansions such

Page 1 of 4Canada 150 Community Infrastructure Program Guidelines - FedNor

7/16/2015http://fednor.gc.ca/eic/site/fednor-fednor.nsf/eng/fn04394.html

ATTACHMENT 1


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as adding ramps to improve accessibility to a facility or adding a roof to an outdoor rink are eligible activities. Construction of new infrastructure is ineligible.

"For public use or benefit" – The facility or asset is accessible to the public and not limited to a private membership, or confers a tangible benefit on a sufficiently large segment of the public or

community.

"Materially completed" – A project is considered to be materially complete when a substantial part of

the improvement is ready for use or is being used for the purposes intended; costs for activities such as parking, paving, landscaping, exterior/interior finishes are potentially excluded from the definition of

substantial completion.

"Eligible costs" – Costs that meet the eligibility requirements and are incurred from May 20, 2015, to

March 31, 2018, can be included in the Total Project Costs.

"Eligible reimbursable costs" – Costs that meet the eligibility requirements and are incurred and

paid between April 1, 2016, and March 31, 2018, can be included in the Total Projects Costs and can be reimbursed under the Canada 150 Community Infrastructure Program.

Eligible Project Costs

Eligible costs are costs considered to be direct and necessary for the successful implementation of an eligible project, excluding those explicitly identified as ineligible costs, which are paid by an eligible

recipient.

Eligible costs for support are as follows:

• costs that are incurred between April 1, 2016 and March 31, 2018;• costs to rehabilitate or improve fixed capital assets of community infrastructure, including

expansions;• fees paid to professionals, technical personnel, consultants and contractors specifically engaged

for the purpose of the rehabilitation or expansion project;• costs of environmental assessments, monitoring and follow-up programs as required by the

Canadian Environmental Assessment Act (CEAA) or equivalent legislation;

• costs of any public announcement and official ceremony or of any temporary or permanent signage that includes the cost of creation and posting of signage;

• other costs that are considered to be direct and necessary for the successful implementation of the project and that are approved in advance; and

• employee and other incremental costs.

Ineligible Project Costs

Costs related to the following items are ineligible costs for support under the program:

• project costs incurred after March 31, 2018;• moveable equipment, including motorized vehicles such as Zambonis, snow groomers, and

ATVs;

• services or work that is normally provided by the recipient or a related party;• a recipient's overhead costs, its direct or indirect operating or administrative costs, and more

specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the recipient's staff;

• the cost of feasibility and planning studies;• taxes, such as GST and HST, for which the recipient is eligible for a tax rebate and all other

costs eligible for rebates;• the cost of land or any interest therein, and related costs;

• legal fees;• routine maintenance costs;

• project administration costs that involve the salaries and benefits of existing staff and general

administration costs unrelated to project implementation; and




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• in-kind contributions (e.g. volunteer labour and equipment) that are included in the total project costs.

Funding

• financial assistance provided under this program will be in the form of non-repayable

contributions;• the amount of funding being requested under the Canada 150 Community Infrastructure

Program cannot exceed 50% of the total eligible project costs, up to a maximum of $500,000; • the maximum contribution from all Government of Canada sources (including the Canada 150

Community Infrastructure Program and other sources such as the Gas Tax Fund) cannot exceed 50% of the total eligible project costs;

In Northern Ontario, preference may be given to projects that require less than 50% funding and have confirmed funding from other sources for projects starting prior to April 1, 2016.

Application Process

Project applications will be accepted on a continuous basis beginning on May 20, 2015. Eligible

applicants may apply for more than one project, but must prioritize their projects in their application. Projects can be started and costs incurred as of the date of the application to FedNor, but eligible costs

will not be supported by the Canada 150 Community Infrastructure Program prior to April 1, 2016.

Applications must include the following:

• a completed Canada 150 Community Infrastructure Program Application Form for Northern

Ontario applicants;

• current financial statements; • evidence of either confirmed or intended other sources of funding; and

• an endorsement by the appropriate authority or regulatory body.

Additional materials that an applicant may wish to provide to support their application include the

following:

• if applicants have a long-term lease in place – provide written confirmation that you have permission from the owner to undertake improvements;

• for projects undertaking an expansion of a building – provide proof (such as blueprints) that the

expansion is less than 50% of the existing square footage/footprint; and• evidence that community-based partnerships have been formed in support of the

implementation of the project.

Project applications will be assessed on the eligibility requirements and priority areas described above.

FedNor may contact applicants for additional information or further detail as a review of the information is undertaken. Applicants cannot presume that financial support will be provided toward their project

until written approval is obtained through a signed contribution agreement. Project approvals are contingent on project eligibility and funding availability.

Reporting Requirements

Successful applicants will be required to report to FedNor on project expenditures and activities and the results/outcomes of the project.

Expected Results

The Canada 150 Community Infrastructure Program will leave a meaningful and lasting legacy to

Canada's 150th anniversary. Expected results include:

• modernization of existing community infrastructure facilities or assets; and,• fostering of regional/community-based partnerships.




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Canada 150 Infrastructure

Application Form

(154 KB, 4 pages)

PDF Readers

Service Standards

FedNor is committed to providing quality service to all applicants and funding recipients in the official

language of their choice.

Our goal is to:

• acknowledge receipt of an application within three (3) working days; and,

• provide a decision on applications within eighty (80) working days of receipt of a fully completed application.

How to Apply

Please call 1-877-333-6673 to discuss your proposal with a FedNor Officer in your area or begin your

application process.




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Canada 150 Community Infrastructure Program Attachment 2

Project Name Description Total Cost

Municipal Portion

% FedNor Request

%

1 Duke House Replace Siding and Windows

$170,000 $120,000 70% $50,000 30%

2 Windsor Park Washroom

Replace the entire facility and make the washrooms accessible

$175,000 $122,000 70% $53,000 30%

3 Communication Tower in Raymond

Construct a tower on municipal property to provide improved access and reliability to the internet

$90,000 $50,000 55% 40,000 45%

4 Clear Lake Boat Ramp

Construct a permanent boat ramp

$80,000 $44,000 55% 36,000 45%

$515,000 $336,000 65% $179,000 35%

Note: Project cost estimates and details are being refined.


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TO: Mayor Furniss and Members of Committee of the Whole

MEETING DATE: July 21, 2015

SUBJECT: Policy Amendment – C-PR-07 Facility Use Insurance Policy

RECOMMENDATION 1: It is recommended that Committee of the Whole recommend to Township Council that Township Policy C-PR-07 be amended to provide for liability insurance in an amount of five million ($5,000,000) dollars per occurrence naming the Township as insured for events which attract large numbers of people to areas of the municipality and/or for events were alcohol is served or accessible for consumption.

APPROVALS: Date Signature Submitted By: Teri Guthrie, Clerk’s Assistant July 6/15 Original signed by T. Guthrie Approved By: L. Troup, Interim July 6/15 Original signed by L. Troup Director of Public Works Acknowledged By: Clayton Harris, July 6/15 Original signed by C. Harris

SUMMARY: Currently, Township Council Policy C-PR-07 requires limited liability insurance coverage naming the Township as insured in an amount no less than two million ($2,000,000) per occurrence. A draft amended policy is attached for this amount to increase to five million ($5,000,000) per occurrence as per the recommendation of the Township’s Insurance Company. ORIGIN: The Township Insurance Company has made recommendations to staff for changes in the amount of liability insurance required for large scale events in the municipality and/or events where alcohol is served or accessible for consumption. BACKGROUND: Many festivals and events are held each year in the Township of Muskoka Lakes. These events attract large amounts of people to the Municipality. Additionally, events often provide attendees with the ability to purchase and/or consume alcohol. Based on the recommendations from our Township Insurance Company, Township Council Policy C-PR-07 has been amended. A draft with the changes highlighted is attached.

FINANCIAL: The costs for providing liability insurance are the responsibility of the facility renter/user.

COMMITTEE OF THE WHOLE MEETING REPORT

Report from the Interim Director of Public Works Re:

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C-PR-07

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

TOWNSHIP COUNCIL POLICY FACILITY USE INSURANCE

POLICY

AUTHORITY: APPROVED: REVISED: Township Council Res. No: C-5-09/03/10 Res. No: C-4-27/06/11 Date: March 9, 2010 Date: June 27, 2011

The Corporation of the Township of Muskoka LakesTOWNSHIP POLICY C-PR-07

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PURPOSE:

The Township’s facilities are public facilities made available to the citizens of the Township and are to be used in the best interest of the users and the community. Events, programs and activities held in or at Township facilities contribute to the fabric and life of the community. Volunteers and groups offering such events, programs and activities are fundamental in making the Township of Muskoka Lakes a great place to live. The Township has the responsibility to manage and operate its facilities with adequate risk management practices to protect these resources. The purpose of this policy is to establish guidelines for the provision of insurance coverage by individuals and groups for use of Township facilities. POLICY: That the Township of Muskoka Lakes establish and review annually a Facility Use

Insurance Policy and provide for the practical implementation of the policy. OBJECTIVE

To ensure event insurance coverage is in place during public use of Township of Muskoka Lakes facilities.

To ensure insurance coverage is available and affordable to the users of the Township of Muskoka Lakes facilitiies.

To facilitate insurance coverage for qualifying users. GENERAL CONDITIONS 1) Insurance coverage and proof of such coverage is required for permitted/booked use of any Township of

Muskoka Lakes parks, sports facilities, Community Centre facilities or grounds.

2) The Township shall not be responsible for any personal injury, sustained by any facility renter, permit holder, agreement holder, their users, invited guests or attendees. All risks of injury are assumed by the facility renter who shall hold the Township harmless and indemnified therefrom, unless the result of any act or default of the Township.

3) Liability Insurance in the amount of a minimum of two million ($ 2,000,000) dollars per occurrence is required for the use of any municipal facility. A minimum requirement of five million ($5,000,000) dollars occurrence may be required for events which attract large numbers of people to areas of the municipality and/or for events where alcohol is served or accessible for consumption. Coverage shall insure against claims for personal injury, death or property damage including the property of the Township occurring DRAFT


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under, on, in or about the said facility. Proof of such insurance shall state the nature of the event and shall name the Corporation of the Township of Muskoka Lakes as additional insured.

4) Insurance coverage and proof of such coverage shall be forwarded to the Township of Muskoka Lakes prior to the commencement of facility use. Failure to provide proof of insurance coverage will result in cancellation of the facility use booking.

ALCOHOL RELATED EVENTS

1) A Special Occasion Permit (SOP) is required at any time where alcohol will be available during facility use.

2) Liability insurance specifically inclusive for alcohol is required in the amount of a minimum of five million ($5,000,000) dollars per occurrence. Proof of insurance shall state the nature of the event and shall name the Corporation of the Township of Muskoka Lakes as additional insured

EXCLUSIONS

1) Many general insurance policies exclude such items as fireworks, petting zoos, use of animals, or high risk type activities. Additional or special coverage may be required in the instance of excluded activities. It is up to the facility user to ensure adequate coverage for the full nature of the planned event is obtained.

OPTIONS FOR INSURANCE COVERAGE 1) Where a group, organization or individual is affiliated with a parent group/organization, that user may

obtain insurance coverage for their facility use from the parent group/organization where such parent group/organization possesses insurance coverage. A certificate from the insurance carrier is required outlining the nature and duration of facility use and naming the Corporation of the Township of Muskoka Lakes as additional insured. There is usually no charge to the user to obtain such an insurance certificate.

2) In some cases personal rentals where an individual is using a facility for an event or function, insurance for their use may be covered under their home insurance policy. Individuals must consult with their insurance broker to verify coverage and provide proof of coverage to the Township of Muskoka Lakes.

3) A group or organization or individual may elect to approach an insurance broker or company to obtain insurance coverage. A certficate from the insurance carrier is required outlining the nature and duration of facility use and naming the Corporation of the Township of Muskoka Lakes as additional insured.

4) A group, organization or individual may elect to obtain insurance through the Municipal User Program with All Sport Insurance Marketing Inc. and Firstbrook,Cassie, & Anderson. The user may obtain such coverage directly through the Township of Muskoka Lakes.

ASSISTANCE FOR QUALIFYING GROUPS, ORGANIZATIONS, INDIVIDUALS 1) The Township of Muskoka Lakes will assist qualifying groups, organizations and individuals with

premium payment for policies obtained through the Municipal User Program.

2) Qualifying groups, organizations or individuals receiving assistance with premium payment must verify that their use does not and will not contravene any local, provincial or federal legislation. Cancellation of assistance will result with any illegal or fraudulent actions.

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ASSISTANCE FOR QUALIFYING GROUPS, ORGANIZATIONS, INDIVIDUALS (continued) Examples of Qualifiying Groups, Organizations, Individuals or Use 1) Any function where alcohol will be available exempts qualification for insurance premium assistance,

except those putting on a function/event to benefit an individual(s) in need of charitable services. 2) Qualifying groups, organizations or individuals as outlined below must

a) be taxpayers of the Township of Muskoka Lakes or

b) be providing a benefit to the taxpayers of the Township of Muskoka Lakes.

Funeral receptions/teas Events/functions put on to benefit an individual(s) in need of chartitable services Not-for-profit or break-even Community programs Not-for-profit or break-even social/get-together events Not-for-profit Community meetings

Examples of Non-Qualifying Organizations or Use

Professional associations (except those putting on a function/event to benefit an individual(s) in need of charitable services}

Unions and employee groups (except those putting on a function/event to benefit an individual(s) in need of charitable services}

Groups or organizations who possess insurance from an affiliation with a parent group/organization Government agencies or bodies Political parties or candidates Political lobby groups/individuals Groups/individuals attempting to persuade the public to adopt a particular view on a political issue Advocacy, self-help and other groups/individuals solely dedicated to the political, personal and

financial advancement of their members Groups/individuals attempting to bring about or oppose changes in the law or government policy Groups/individuals promoting a political doctrine Advocacy, sponsorship or promotional groups/individuals

(except those putting on a function/event to benefit an individual/s in need of chartiable services) For-profit adult hobby/arts/music/social groups/individuals For-profit, members-only or private sports/social clubs/groups For-profit adult sports teams and leagues Any use for personal, business or organizational profit

(except those putting on a function/event to benefit an individual(s) in need of charitable services) Any alcohol related function

POLICY REVIEW This policy will be reviewed by the Township in consultation with the Community Centre Boards annually. 1

CROSS REFERENCES: Committee of the Whole Resolution # COW-5-17/02/10, Confirming By-law number 2010-40; Committee of the Whole Resolution # COW-19-07/06/11, Confirming By-law # 2011-76

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

MEETING DATE: July 21, 2015

SUBJECT: Delegation of Authority for Original Shore Road and Original Road Allowances

RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that staff amend Township Council Policy C-LS-08 to allow for the initial approval of Original Shore Road and Original Road Allowance applications to be made by the Municipal Clerk rather than by Committee or Council; AND FURTHER THAT a by-law be given three readings at the August 14, 2015 Council Meeting delegating authority to the Clerk, as per Standard 2 of C-GG-18 (Delegation of Powers and Duties Policy) for providing initial approval to Original Shore Road and Original Road Allowance applications which adhere to all provisions required under Township Council Policy C-LS-08 (Sale of Original Shore Road and Original Road Allowances) and C-LS-09 (Sale of Flooded Land).

APPROVALS: Date Signature Submitted By: Teri Guthrie, Clerk’s Assistant 15/07/15 Original signed by T. Guthrie Approved By: Cheryl Mortimer, Clerk 16/07/15 Original signed by C. Mortimer

Acknowledged: C. Harris, Interim CAO 16/07/15 Original signed by C. Harris

SUMMARY: Under Section 23.1 of the Municipal Act 2001 general powers of a Municipal Council may be delegated to staff. Township of Muskoka Lakes’ Council Policy C-GG-18 provides for measures with respect to the delegation of authority: Standard 1: Where Township Council deems it appropriate, it may delegate its powers and duties to a person or body to streamline Council’s decision making process and enable it to focus on larger issues in a more strategic manner. Staff is seeking direction with respect to the ability to make the required amendments to any related Township Council Policies and to bring forward a by-law to delegate authority to the Clerk to provide initial approval of Original Shore Road and Original Road Allowance applications, including flooded

Report from the Clerk Re: Delegation of Authority for

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land, provided that applications adhere to all provisions of the policies and procedures related to these matters. ORIGIN: In the past, Council and staff have discussed the possibility of providing delegation of authority for certain matters. BACKGROUND: The current Township Council Policy C-LS-08 is attached outlining the process for the conveyance of Original Shore Road and Original Road Allowances. Also attached is Township Council Policy C-LS-09 for the Sale of Flooded Land. The highlighted areas would require amendments should Committee support the recommendation below to allow the Clerk to provide initial approval to such applications. Should any applications or requests be submitted to the Clerk which do not adhere to the approved policy the application will be presented in a staff report to the appropriate Committee of Council. Both Township Council Policy C-LS-08 and the Township of Muskoka Lakes’ Parks Master Plan recommend that Original Road Allowance leading to water be retained for future municipal use, or to provide public access to water or to provide public access to the mainland from the water. Until a time that Council wishes to consider changes to this portion of the policy, applications for the purchase of Original Road Allowance leading to water will not be accepted by the Clerk’s Department, unless it is for an exchange of land, to assist in the streamlining of these types of applications. A resolution to declare the municipal lands as surplus and a road closing by-law are still required to be considered by Council for the Sale of Public Lands as per Township Council Policy C-LS-01. No changes will be made to this portion of the process. Should any application be received pertaining to any of the following sections of C-LS-08 a staff report would be brought forward for Council’s consideration on the matter:

- Section 1.01(b) ~ deviation of a straight lot line extension; - Section 1.02 (b) ~ exchange of land - Section 1.02 (d) ~ an Original Road Allowance crossing a peninsula with water on both

sides or an Original Road Allowance on an island; or - Any instance where senior staff are not supportive of the application or feel they require

Council’s direction At the time of authoring this report, the Clerk’s Department has 8 current applications for the purchase of Original Shore Road and Original Road Allowances which require initial approval. RECOMMENDATIONS: That amendments be made to highlighted portions of the attached Township Council Policy C-LS-08 to allow for the Delegation of Authority to the Clerk to provide initial approval to Original Shore Road and Original Road Allowance applications received. And further that the required by-law to delegate the authority to the Municipal Clerk be given three readings at the August 14, 2015 Council meeting.

FINANCIAL: While there are no direct financial implications as a result of this delegation of authority, it will streamline the process and reduce staff, Committee and Council time spent on these administrative functions. Additionally, it may help shorten the length of time for the processes, benefitting both staff and taxpayers.


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C-LS-08


TOWNSHIP COUNCIL POLICY Sale of Original Shore Road Allowances and Original Road Allowances

AUTHORITY: APPROVED: REVISED: Township Council Res. No: C-7-16/11/10 Res. No: C-6-06/06/11 Date: November 16, 2010 Date: June 6, 2011

The Corporation of the Township of Muskoka Lakes TOWNSHIP POLICY C-LS-08

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PURPOSE: To provide a procedure for the sale of original shore road allowances and original road allowances.

POLICY: The Township of Muskoka Lakes will consider application for the closure and conveyance of all types of road allowances within the Township to abutting owners. All closures are at the discretion of the Township of Muskoka Lakes.

STANDARDS: ORIGINAL SHORE ROAD ALLOWANCES (OSRA) 1.01 (a) Generally the portion of OSRA to be closed and conveyed will be determined by straight

extension of existing lot lines.

(b) Notwithstanding standard 1.01(a) above, Council will consider deviations from the straight extension of existing lot lines in some circumstances. These circumstances must be explained in writing and accompany the application. Comments from the abutting neighbours will be required before approvals are granted. If it is determined during the preparation of the reference plan that a deviation is required, comments from the abutting neighbours will still be required before the application can proceed.

(c) Portions of OSRA, covered by water, will remain in Township ownership.

(d) Applications will not be approved if other owners of land are, or may be deprived of access to their property or if the closure conflicts with Township By-laws or practices.

(e) Applications for closure of portions of the OSRA in front of one property will not be considered. The Township will consider only closures of OSRA fronting on all of the applicants property and bounded on both sides by the straight lot line extensions of the applicant’s lands.

(f) OSRA may not be closed when it abuts or provides access to significant fish spawning areas, wildlife habitat or other environmentally significant features as identified by the Ministry of Natural Resources, or contains significant historical, cultural, or recreational features.


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(g) Final approval of the required by-law will not be given until the realty taxes on the applicant’s property are paid in full.

ORIGINAL ROAD ALLOWANCES (ORA) 1.02 (a) When considering an application for the closing and conveying of a portion of an ORA, Council

will take into consideration its proximity to open Municipally maintained roads.

(b) Agreements may be entered into between the applicant and the Township to exchange land for road allowances provided the applicant pays all costs involved.

(c) The Township will not close road ORA, or portions thereof if they abut the OSRA or lead to water.

(d) In special circumstances such as a road allowance crossing a peninsula with water on both sides or an island where the road allowance has no present or foreseeable future municipal use, Council may agree to close and convey ORA leading to the OSRA or water.

(e) Applications will not be approved if other owners of land are, or may be deprived of access to

their property or if the closure conflicts with Township by-laws or procedures.

(f) ORA may not be closed when it abuts or provides access to significant fish spawning areas, wildlife habitat, or other environmentally significant features as identified by the Ministry of Natural Resources, or contains significant historical, cultural, or recreational features.

(g) Final approval of the required by-law will not be given until the realty taxes on the applicant’s property are paid in full.

PLANNING REQUIREMENTS 2.01 Road Allowances abutting a lot on a registered Plan of Subdivision

(a) When a road allowance is closed and deeded to the owner of an abutting lot on a registered plan of subdivision, the road allowance will not naturally merge with the abutting lot. Section 50(3) of the Planning Act, R.S.O. 1990 as amended will permit the owner of these parcels to convey them separately unless they are merged on title by the passage of a deeming by-law. The purpose of the deeming by-law is to “deem” the lot not to be on a registered plan of subdivision, thereby allowing the two parcels to merge on title.

(b) After the deeming by-law is passed, it must be registered against title to the property, lodged with the Minister and sent to the affected property owners. The Planning Department requires an application to be completed by the owners of the lands requesting their lot “to be deemed not to be a lot on a registered plan of subdivision” accompanied by the applicable application fee. This process will take approximately two (2) months and can be initiated any time during the road closing process.


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2.02 Road Allowances abutting a lot created by a severance application approved by the Committee of Adjustment after March 31, 1979.

(a) When lots are created by a severance application, approved after March 31, 1979, and a Road

Allowance Closing is required as a condition of consent, the Committee of Adjustment places a clause in the new deed which will exempt the new lot from the requirements of Section 50(3) of the Planning Act R.S.O. 1990 as amended. The effect is to merge the road allowance with the newly created lot.

2.03 Existing Lots of Record

(a) Existing lots of record are lots that were created before the passage of a parent zoning by-law.

Normally, these lots are still developable provided they have 100 feet of frontage and 15,000 square feet of area.

(b) When a road allowance is closed and merged with an abutting lot, it is a building lot provided that the resulting lot has a minimum of 100 feet of frontage and 15,000 square feet in area.

(c) When a road allowance is closed and merged with the abutting lot and it does not meet the size noted above and the owner wishes to have it recognized as a legal building lot, an exemption to the zoning by-law can be applied for. It is not guaranteed that such an application will be approved. There is an application fee for an exemption to the zoning by-law.

(d) Newly created lots generally require a minimum of 200 feet of frontage and one (1) acre in area. Comprehensive Zoning By-law 87-87, as amended, however, states that where a lot addition is made to an existing lot of record, the lot is deemed to comply with the minimum lot frontage and lot area requirements.

ROAD ALLOWANCE CLOSURES 3.01 The road closure procedure commences when inquires are first received from property owners. The

Township will provide the applicant with a formal application form, advice as to the procedures to be followed, as well as information on the fees required.

3.02 The applicant will include, when submitting a formal application, the following:

(a) application fee of $600.00 (b) sketch plan of the road allowance being considered and the applicant’s property

3.03 If the application is rejected by the applicable Committee or Council, half of the application fee will be

refunded, when advice of such rejection is issued. The same refund shall be provided, should it be found that the road allowance has already been closed and conveyed.

3.04 Should the applicant decide to withdraw their application following its initial approval by Council, the

total application fee will be retained by the Township.

3.05 A registered reference plan of survey for the subject road allowance must be filed with the Municipality within one year from the date of the motion approving the application or the motion will be considered null and void and a new application will be required.


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3.06 Road allowance purchase prices or values shall be established as follows: (a)(1) Original Shore Road Allowances

Following approval of an OSRA closure, by Committee and Council and the passing of requisite by-laws, the applicant shall pay to the Township, for the lands represented by a closed OSRA or any other road allowance adjoining water, funds based on the following schedule or the schedule that is in effect at that time: CLASS LAKE COST PER SQ. FT. 200’ X 66’ = 13,200 SQ. FT. 1 Rosseau at $ 1.10 $ 14,520.00 Muskoka “ “ “ Joseph “ “ “ 2 Skeleton at $ 0.75 $ 9,900.00 Nine Mile “ “ “ Three Mile “ “ “ Clear Lake “ “ “ Severn River “ “ “ Medora “ “ “ High “ “ “ Brandy “ “ “ Big Long Lake “ “ “ Leonard “ “ “ Little Long “ “ “ Cardwell “ “ “ 3 Rodrick at $ 0.40 $ 5,280.00 Cranberry Lake “ “ “ Cowan Lake “ “ “ Camel Lake “ “ “ Woodland “ “ “ Unnamed Lakes “ “ “

For a more detailed list of lake classifications, contact the Township Office. NOTE: Plus applicable taxes. The minimum sale price for an OSRA closure or any other road allowance adjoining water shall be $500.00. This would apply when the sale is calculated and is below this amount.

(a)(2) A numbered reference plan of survey is required in order to finalize the purchase. The

applicant arranges for the preparation of such plan by an Ontario Land Surveyor, who will be required to provide a calculation of the square foot content of the area to be closed and sold. The flooded and unflooded areas of the OSRA, are to be shown as part numbers as well as the foot frontage of the lot pursuant to By-law 87-87, as amended, on the reference plan of survey. The sale amount of the lands will be calculated by multiplying the square foot area of lands to be sold, by the applicable rate per square foot. The applicant is required to pay for such plan, prepared by an Ontario Land Surveyor.


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(a)(3) Should the Ontario Land Surveyor, during the survey of the OSRA discover an encroachment on abutting Township property such as a road allowance leading to water, they will be required to include in the plan the abutting Township property commencing from the rear of the applicant’s property to the water. The survey will include, the road allowance, the shore road allowance, (flooded and unflooded), and all encroachments as part numbers. Structural encroachments will have a six (6) foot allowance around them for maintenance purposes. The applicant will be responsible for the additional survey fees.

(a)(4) Should a situation as indicated in paragraph 3.06 (a)(3) occur, the applicant will be required to

apply to the Township for permission to allow the encroachment to remain. The Township Council Policy for License Agreements C-LS-07 may be required in these circumstances.

(a)(5) At the time of the submission of the reference plan, it may be determined that a portion of the

road allowance constitutes flooded lands; if so, that portion will remain in Township ownership, except for those circumstances as indicated in Township Council Policy for the Sale of Flooded Land C-LS-09.

(b)(1) Other Road Allowances

Following approval of an ORA closure by Committee and Council and the passing of requisite by-laws, the applicant shall pay to the Township, for the lands represented by a closed ORA, except for any road allowance adjoining water as referred to in Section 3.06(a) (1), funds shall be based on the following rate or the rate that is effect at that time: COST PER SQ. FT. 200’ X 66’ = 13,200 SQ. FT. at $ 0.40 $ 5,280.00

NOTE: Plus applicable taxes. The minimum sale price for an ORA closure shall be $500.00. This would apply when the sale is calculated and is below this amount.

(b)(2) A numbered reference plan of survey showing the road allowance as part numbers is required

in order to finalize the purchase. The applicant arranges for the preparation of such plan by an Ontario Land Surveyor, who will be required to provide a calculation of the square foot content of the area to be closed and sold. The sale amount of the lands will be calculated by multiplying the square foot area of lands to be sold, by the applicable rate per square foot. The applicant is required to pay for such plan, prepared by an Ontario Land Surveyor.

GENERAL 3.07 Applicants for all road closures also pay all costs associated with the legal work (as well as survey

work) required in connection with the closure and sale of a road allowance. 3.08 Upon receipt of the formal application and the required application fee, a report will be prepared by

Township staff and submitted to the applicable Committee of Council, complete with a map or sketch, as may be available from the applicant or from Township files. The comments of the Public Works Superintendent, the Director of Planning, the Development Services Co-ordinator, and the Manager of Parks, Recreation and Facilities (when necessary) will also be obtained. The report will contain a


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recommendation for the consideration of the Committee as to the merits of the closure. A formal survey or reference plan is not required at this point in the procedure.

3.09 The applicable Committee will consider the merits of the application and may recommend proceeding

with the closure. Such recommendation will be submitted to Council for final approval. 3.10 (a) Upon the approval of Council, the applicant will be advised that the closure and sale is to

proceed. The applicant will also be advised of the need for a numbered reference plan, a copy of which will show the location of all structures located on the road allowance.

(b) Notice of the application as prepared by the Township is served upon the District Municipality of Muskoka, if so required by the District in accordance with their Road Closing Procedures Guidelines.

3.11 Once the required reference plan has been submitted by the applicant, a letter of instruction will be sent to the Township’s solicitor to proceed with the closing and will include a copy of the reference plan and Council’s resolution of approval.

3.12 The Township requires that its solicitor act on its behalf in the closure and sale of Township road allowances. All legal fees associated with the sale, are the responsibility of the applicant. The applicant, at their option and cost, may wish to have their solicitor act on their behalf in the usual relationship associated with the conveyance of lands.

3.13 The Township solicitor, upon receiving instructions, will proceed as follows:

(a) Sub-search title to confirm that the applicant is the owner of the property adjacent to the subject road allowance.

(b) Notice of the application is prepared and served upon applicable agencies required to comment.

(c) If no objections are received from standards 3.10(b) and 3.13(b) above, notice of the proposed by-law shall be published in the manner, time and form as provided by the Township Council Policy for Public Notice C-LS-06.

(d) The by-law, together with all required affidavits and exhibits, is prepared and submitted to the

Township of Muskoka Lakes for consideration and passed at a meeting of Council.

(e) If approved by Council, the by-law is then returned to the Township solicitor and approval of same is obtained from any other required agency, if necessary.

(f) Reports to the applicant and to the Township, complete with all required payments.

(g) Estimated length of procedure is approximately six (6) month after the receipt of the survey

plan as provided in standard 3.11 above.

3.14 Prior to the passage of the road closing by-law as indicated in standard 3.13 (d) of this policy, the road allowance shall be declared surplus by Township Council resolution pursuant to Township Council Policy for the Sale and Other Disposition of Land C-LS-01.


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3.15 The Township must be notified immediately of any change of ownership throughout the road closing process.

3.16 If two (2) or more applicants join in one (1) application, costs for survey and legal work for each

participant can be reduced.

3.17 This policy shall be reviewed for possible revision, as may be considered necessary and in the public interest.

1

LEGAL REFERENCES: Sections 34, 35, 43 and 270 of the Municipal Act, 2001, as amended

CROSS REFERENCES: Township Council Policy C-LS-01 - Sale and Other Disposition of Land, Township Council Policy C-LS-06 - Public Notice, Township Council Policy C-LS-07 - License Agreement, Township Council Policy C-LS-09 - Sale of Flooded Land, Committee of the Whole Res. # COW-3-06/10/10, Confirming By-law number 2010-142; Committee of the Whole Res. # COW-4-17/05/11, Confirming By-law number 2011-73


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ORIGINAL SHORE ROAD ALLOWANCE CLOSING APPLICATION

DATE: ROLL # THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES 1 BAILEY STREET, P.O. BOX 129, PORT CARLING, ONTARIO, P0B 1J0 MAYOR AND COUNCIL: RE: NAME

ADDRESS

POSTAL CODE

CIVIC ADDRESS PHONE # PERMANENT

SEASONAL BUSINESS E MAIL LAKE: FORMER MUNCIPALITY: CONCESSION: LOT: PLAN: PART: I hereby apply to the Township of Muskoka Lakes for the closing and conveying of the above road allowance into the ownership of the above name(s). We are agreeable to pay all legal, survey and other fees involved in the above transaction plus the rate per square foot as established by the Township policy for the road allowance. Submitted herewith is the following: (1) Required application fee of $600.00.

(2) A sketch of the subject lands showing the location of the extended side lot lines through the

shore road allowance and where any buildings or structures are located (including docks, boathouses, pump houses, wells, tile fields, etc.)


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YOURS TRULY, Name of Solicitor (if applicable) (signature) Address ___________________________ (signature) Postal Code Phone #

E Mail Personal information contained on this form is collected under the authority of the Municipal Act, Section 34, and will be used to determine eligibility of an Original Shore Road Allowance Closing. Questions about this collection should be directed to the Clerk, Township of Muskoka Lakes, Box 129, Port Carling, Ontario, P0B 1J0, (Telephone 705-765-3156).


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ORIGINAL ROAD ALLOWANCE CLOSING APPLICATION


ADDRESS

POSTAL CODE


SEASONAL BUSINESS E MAIL LAKE: FORMER MUNCIPALITY: CONCESSION: LOT: PLAN: PART: I hereby apply to the Township of Muskoka Lakes for the closing and conveying of the above road allowance into the ownership of the above name(s). We are agreeable to pay all legal, survey and other fees involved in the above transaction plus the rate as established by the Township for the road allowance. Submitted herewith is the following: (1) Required application fee of $600.00.

(2) A sketch of the subject lands showing the location of the road allowance and where any buildings

or structures are located (including docks, boathouses, pump houses, wells, tile fields, etc.)


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Page 11 of 11


E Mail Personal information contained on this form is collected under the authority of the Municipal Act, Section 34, and will be used to determine eligibility of an Original Road Allowance Closing. Questions about this collection should be directed to the Clerk, Township of Muskoka Lakes, Box 129, Port Carling, Ontario, P0B 1J0, (Telephone 705-765-3156).


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C-LS-09


TOWNSHIP COUNCIL POLICY Sale of Flooded Land

AUTHORITY: APPROVED: REVISED: Township Council Res. No: C-14-03/02/09 Res. No: C-6-06/06/11 Date:

February 3, 2009 Date: June 6, 2011


Page 1 of 4

PURPOSE: To provide a procedure for the sale of flooded land. POLICY: Pursuant to Section 43 of the Municipal Act, 2001, as amended, 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.

Pursuant to Section 43 of the Act, the Ministry of Natural Resources has provided

written consent to the Township of Muskoka Lakes to close and convey the flooded portions of original shore road allowance adjacent to private landowners where Council deems it appropriate.

Pursuant to Township Council Policy C-LS-08 (Original Shore Road Allowance), the

Township of Muskoka Lakes will consider applications for the closure and conveyance of original shore road allowances to the abutting landowner. All closures are at the discretion of the Township of Muskoka Lakes. Generally, portions of the original shore road allowance covered with water will remain in the ownership of the Township of Muskoka Lakes.

In the case of a two storey boathouse or a boathouse with living accommodation

and in order to meet the Ministry of Natural Resources Free Use of Crown Land Policy, the Township of Muskoka Lakes will consider the sale of a portion of the flooded original shore road allowance when the landowner applies to obtain ownership of the crown lakebed where their boathouse is situated.

STANDARDS: 1. The Township of Muskoka Lakes will consider the sale of a portion of the flooded original shore road allowance in the case of a two storey boathouse or a boathouse with living accommodation when the landowner applies to obtain ownership of the crown lakebed where their boathouse is situated in order to meet the Ministry of Natural Resources Free Use of Crown Land Policy. The Ministry of Natural Resources will only consider the sale of crown land under a two-storey boathouse to those persons who own the land directly abutting it. The Township of Muskoka Lakes will only consider the sale of the original shore road allowances to the abutting landowner.


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Page 2 of 4

2. In these site specific cases, the surveyor will designate the portion of flooded shore road allowance directly between the unflooded portion and the crown lakebed under the two storey boathouse that is to be purchased, as a separate part number on a registered reference plan.

3. The sale price of the flooded land will be charged at the rate equivalent to the price per lake as set out in the schedule in Township Council Policy C-LS-08 (Original Shore Road Allowance).

4. In the case of a new original shore road allowance closing application, the standard application form and fee will be required. The request to purchase the flooded land will be included as part of the standard application process pursuant to Township Council Policy C-LS-08 (Original Shore Road Allowance).

5. For those applicants that have already acquired the unflooded portion of original shore road allowance, a formal application will be required as follows;

a. completed application form.

b. application fee of $300.00.

c. sketch plan of the subject lands showing the location of the two storey boathouse on the original shore road allowance.

d. The applicant will be responsible for all survey, legal, by-law, registration and other costs associated with the closure and conveyance.

1

LEGAL REFERENCES: Sections 34, 43, and 270 of the Municipal Act, 2001, as amended;

CROSS REFERENCES: Township Policy C-LS-08, Original Shore Road Allowance; Committee of the Whole Resolution # COW-13-14/01/09, Confirming By-law number 2009-006; Confirming By-law number 2009-23; Committee of the Whole Res. # COW-4-17/05/11, Confirming By-law number 2011-73


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Page 3 of 4

SALE OF FLOODED LAND APPLICATION


ADDRESS

POSTAL CODE


SEASONAL BUSINESS E MAIL LAKE: FORMER MUNCIPALITY: CONCESSION: LOT: PLAN: PART: I hereby apply to the Township of Muskoka Lakes for the conveyance of the above flooded closed original shore road allowance into the ownership of the above name(s). We are agreeable to pay all legal, survey and other fees involved in the above transaction plus the rate per square foot as established by Township policy C-LS-08 for the sale of Original Shore Road Allowances. Submitted herewith is the following: (1) Required application fee of $300.00.

(2) A sketch of the subject lands showing the location of the two storey boathouse on the original

shore road allowance.


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Page 4 of 4


E Mail Personal information contained on this form is collected under the authority of the Municipal Act, Section 34, and will be used to determine eligibility of an Original Shore Road Allowance Closing. Questions about this collection should be directed to the Clerk, Township of Muskoka Lakes, Box 129, Port Carling, Ontario, P0B 1J0, (Telephone 705-765-3156).


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TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: REQUEST FOR SUPPORT OF RESOLUTION – The Town of

NORTHEASTERN MANITOULIN and the ISLANDS

RECOMMENDATION: That the Committee of the Whole recommend to Township Council

that the Township of Muskoka Lakes supports Resolution #166-07-15 passed by the Council of the Town of Northeastern Manitoulin and the Islands with respect to Ontario Hydro rates.

APPROVALS: Date Signature Submitted By: Cheryl Mortimer, Clerk July 17/15 Original signed by C. Mortimer

Acknowledged: Clayton Harris, Interim CAO July 17/15 Original signed by C. Harris

SUMMARY: That consideration is given to support Resolution #166-07-15 passed by the

Council of the Town of Northeastern Manitoulin and the Islands with respect to Ontario Hydro rates.

ORIGIN: Correspondence was received from the Town of Northeastern Manitoulin and the

Islands, a copy of which is attached. BACKGROUND: The Township of Muskoka Lakes received correspondence from the Town of

Northeastern Manitoulin and the Islands seeking support for their Resolution #166-07-15. The resolution details their concerns with Ontario Hydro rates becoming increasingly unaffordable to families and Municipalities. It demands that the Province take immediate action to control the rates. Lastly, it stated that the resolution be sent to Minister Bob Chiarelli, MPP Michael Mantha, Minister of Energy, First Nations and other municipalities in the Province. We would also forward the resolution to Norm Miller MPP.

Councillor Kruckel has indicated her support for this resolution being brought forward for consideration by the Township. It has therefore been placed on this agenda for consideration.

FINANCIAL: NA

Report from the Clerk Re: Town of Northeastern

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Report from the Clerk Re: Town of Northeastern

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TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: Noise By-Law #2005-83 RECOMMENDATION 1: That The Committee of the Whole recommend to Township Council

that ISSUE #1 resolution be in accordance with Option ___ as contained in this report.

RECOMMENDATION 2: That The Committee of the Whole recommend to Township Council







Submitted By: Richard Hayes, Fire Chief July 14, 2015 Original signed by R. Hayes

Acknowledged: Clayton Harris, Interim CAO July 14, 2015 Original signed by C. Harris

ORIGIN: Emergency Services Department BACKGROUND: The Residents Association of Port Carling have presented to Council several times over the last number of years requesting the revision of the Noise By-Law #2005-83 to prohibit the restaurants/bars in the village of Port Carling from playing music on their outdoor patios to the detriment of the neighbourhood. Within this report is a request from Eric Luks, spokesperson for the Residents Association of Port Carling, with proposed amendments to the By-Law (attached). This issue is referred to as “Issue 1” in the report below.

Report from the Fire Chief Re: Noise By-Law #2005-

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A complaint regarding a Motocross track noise was received from local residents across from the track. The current By-Laws (Noise and Zoning) do not prohibit this use at the current location. This property has had a Motocross track for over 20 years. The complainant requested an amendment to the Noise By-Law be considered to provide the area where they live with the peace and quiet they expected when they purchased the property. This issue is referred to as “Issue 2” in the report below. There are three zones within the Noise By-Law. The areas listed within each of these three zones are derived from the Zoning By-Law. As the Zoning By-Law has been updated, the zones within the Noise By-Law require amendments. This issue is referred to as “Issue 3” in the report below. There are several areas within the current By-Law that could have a wording change to clear up any ambiguous language and provide clearer direction. These include the removal of a ‘study’, rewording of the exemption criteria and process, and rewording of short form wording and amount of fines. This issue is referred to as “Issue 4” in the report below. ANALYSIS: ISSUE #1: In review of the current Noise By-Law, it identifies general prohibitions as well as time and place prohibitions. In addition, there are exemptions for tourist entertainment operations. Schedule 2 Sentence 2 states:

“The following activities are subject to prosecution pursuant to section 3 of the by-law, if audible at a point of reception in the Zone indicated. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electromechanical transducers, and intended for the production, reproduction or amplification of sound.” This restriction applies to all three zones within the by-law with the prohibition time being 11:00 PM to 7:00 AM.

Further, in Section 7 of the by-law under EXEMPTIONS – TOURIST ENTERTAINMENT OPERATIONS, exempt a tourist entertainment operation which is a business providing music (live or recorded) and serves alcoholic beverages to the general public for compensation. Clause (c) states that,

“Pending the development of further criteria for tourist entertainment operations, a tourist entertainment operation is not in contravention of Schedule 2 section 2 (above) of this By-law if all of the following are satisfied:

(i) no music is produced or emitted outside each building used by the operation.

(ii) the windows of each such building are kept closed during the production or emission of music within the building.

(iii) the production or emission of music ends no later than 1:30 a.m.

As it stands with the current by-law and as long as the criteria are met, restaurants and other establishments that serve alcoholic beverages to the general public for compensation would be allowed to produce sound outside up to 11:00pm and further, inside until 1:30am as long as it is not audible off the property. The provisions of this By-Law control the noise within establishments throughout the Township. A previous Council, at the development of the current By-Law, sought to limit the noise generation from


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one specific establishment. It was found that the contents of the By-Law must be such to be a general application and cannot be pointed to any specific establishment. The previous term of Council, utilizing the current Noise By-Law, had a Mayor’s Letter drafted and vetted by legal counsel to send to AGCO in support of the position of the Residents Association of Port Carling. This resolution stated the following:

WHEREAS the Corporation of the Township of Muskoka Lakes has a noise by law 2005-83 which sets out noise limitations by time and place for the Zone 1 area, in which the establishment of Turtle Jacks is located;

AND WHEREAS this set time within the Noise By-Law requires the cessation of noise production in Schedule 1 (3), noise being defined as yelling, shouting, hooting, whistling, singing or other similar human sound in any part of the Township between 23:00 hours (11:00pm) and 07:00 hours (7:00am) the following day; AND WHEREAS this Zone 1 area has further restrictions of noise production in Schedule 2 (2) being the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for production, reproduction or amplification of sound for the period of 23:00 hours (11:00pm) one day to 07:00 hours (7:00am) the next day; AND WHEREAS concerns have been expressed by the Residents Association of Port Carling to limit unwanted noise from commercial outdoor space in Port Carling; AND WHEREAS a number of licensed establishments with patios are located at the top of a narrow waterway within said Zone 1 parameters and are located in an area with steep topography (adding to the noise amplification), with a significant number of residential properties located in close proximity thereto; AND WHEREAS Committee of the Whole supports in principle the Residents Association of Port Carling in their endeavour to have quiet enjoyment at their residential properties in Port Carling without unwanted sound production from commercial outdoor space; THEREFORE BE IT RESOLVED that the Committee of the Whole recommend to Township Council that a letter be forwarded to the AGCO advising that the Council of the Corporation of the Township of Muskoka Lakes does not support the production or amplification of music on outdoor commercial space in Port Carling at any time.

While it was the previous Council’s wishes to limit noise production in Port Carling with amplified music from certain venues, the enforcement currently is done through the Noise By-Law. The existing By-Law is enforced utilizing Part I or Part III processes under the Provincial Offences Act. Short form wording and fixed fines have been established by the Ontario Court of Justice for Part I offence tickets. Mr. Luks, from the Residents Association of Port Carling, provides the following in his request:

“As you might recall the Residents Association of Port Carling has presented at Council several times regarding the need to amend the Township Noise Bylaw to prohibit restaurants/bars in the village of Port Carling to play music on their outdoor patios to the detriment of the neighbourhood. Presently this is not permitted only because all the restaurants have restrictions to that effect on their liquor licences. This is the case because the residents have negotiated these restrictions or


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where there was not agreement attended hearings which have to date supported the restrictions for clear reasons. We have recently completed our 6th hearing which lasted 4 days and the adjudicator again found in favour of the residents. The problem is that we are subject to an outside authority (Alcohol and Gaming Commission) to determine what is best for the Village of Port Carling. It is time that we make these decisions locally and to that end we are asking the Township to amend the noise bylaw to reflect what is best for Port Carling and what was contained in the letter that the Township wrote to the AGCO. This supporting letter was likely instrumental in the Tribunal decision to support the RAPC at the hearing. The past hearings have been onerous and we would not be pleased to suffer others in the future. If the Township sees fit to support the community and pass the amending bylaw future challenges would stop! I have spent considerable time to review noise bylaws from other jurisdictions that are addressing the same problem and based on that, have drafted amendments to the Twp of Muskoka Lakes bylaw which I am attaching.

• The first change provides the authority of the municipality to pass a bylaw to “spheres" within the municipality.

• The second change identifies a new Zone 4 defined in Schedule 3 • The third change (7e) defines the restriction applicable to Zone 4 and is consistent with

Council’s view expressed in the letter to the AGCO” In review of the information provided above, Committee of the Whole may wish to recommend to Township Council any of the following: Issue 1, Option 1: That the Committee of the Whole recommend to Township Council that the revisions put forward by the Resident’s Association of Port Carling be incorporated into By-Law 2005-83 ‘being a By-Law to Control Noise’ subject to the review of the Township Solicitor. Issue 1, Option 2: That the Committee of the Whole recommend to Township Council that the current By-Law 2005-83 ‘being a By-Law to Control Noise’ with three zones and time restrictions for noise remain as they currently are. Issue 1, Option 3: That the Committee of the Whole recommend to Township Council an amendment to By-Law 2005-83 ‘being a By-Law to Control Noise’ as it sees fit, subject to the review of the Township Solicitor. ISSUE #2 A noise complaint was received from a resident near a Motocross Track on Ed Briese Rd. The complainant is requesting that By-Law 2005-83 ‘being a By-Law to Control Noise’ be amended to force the cessation of noise at the Motocross Track so that they can have quiet enjoyment of their property. In review of the current Noise By-Law and the Zoning By-Law, the Motocross Track is compliant. This land has been used as a private track since the late 1970’s. The track is not used in the winter months. It is used two times per week being Wednesday evenings from 5:30 PM to Dusk and on Sunday afternoons from 1:00 PM to 4:30 PM. These times fall within the permitted times of the current Noise By-Law. There are approximately 30 riders who have permission to ride on this private track. The average attendance on a riding day is approximately 10. The riders are from 5 years old and up. The track is not used when the conditions are too dry. In discussions with the track owners and subsequently to the complaints received, the bike owners are moving forward with the installation of


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better mufflers. These mufflers will dampen the noise. There is approximately 100 meters of bush between the track and Ed Briese Rd. The complainant has lived in the current location for approximately 3 years. They were not informed that there was a Motocross track in the area when they purchased the property. They would like to have quiet enjoyment of their property. The complainant states that during the track use, they cannot remain outside as the noise is too loud and they have to close their windows. Since the creation of the Motocross track there have been a number of developments within the area. The developments include the renovation of the Ullswater Community Centre, the Diamond in the Ruff fractional cottages, additional cottages and homes along Ed Briese Rd and Old Parry Sound Rd. The Motocross track location is zoned as RUM3. Neighbouring municipalities have similar Noise By-Laws (links below). Of those provided below, the wording from the Huntsville Noise By-Law may be appropriate. Bracebridge Noise Bylaw No. 2011-099 https://bracebridge.civicweb.net/document/9437/2011-099%20Bill%2099%20Noise%20Control%20By-law.pdf?handle=EB782FAE46B84FDEB424B71625ADAD45 Lake of Bays Noise Bylaw No. 00-59 https://lakeofbays.civicweb.net/Documents/DocumentList.aspx?Id=2768 Huntsville Noise Bylaw No. 2015-31 http://www.huntsville.ca/en/DocumentUploads/Bylaws/doc_635664219576145950.pdf Part 1 Definitions

1.8 “excessive noise” means noise under human control and of such a nature as to interfere with the peace, comfort and convenience of any person. The person making the complaint must not be in or at the same place where the noise is being emitted. 1.13 "point of reception" means any place on a property where sound or vibration is heard, the source of which does not originate from same property; Part 2 Prohibitions 2.1 No person or owner shall emit, cause or permit the emission of noise, which is clearly audible to a person at a point of reception, resulting from an act listed in Schedule “A” - Prohibitions within the prohibited time shown for such an act. 2.2 No person or owner shall emit, cause or permit the emission of excessive noise, which disrupts the normal living or working environment of a person at a point of reception, resulting from an act listed in Schedule “A” - Prohibitions, regardless of the prohibited time as listed. Schedule A 6. The operation of any motorized conveyance other than on a highway or authorized snowmobile trail. Prohibited period of time 23 00 one day to 07 00 the next day.


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https://bracebridge.civicweb.net/document/9437/2011-099%20Bill%2099%20Noise%20Control%20By-law.pdf?handle=EB782FAE46B84FDEB424B71625ADAD45

https://bracebridge.civicweb.net/document/9437/2011-099%20Bill%2099%20Noise%20Control%20By-law.pdf?handle=EB782FAE46B84FDEB424B71625ADAD45

https://lakeofbays.civicweb.net/Documents/DocumentList.aspx?Id=2768

http://www.huntsville.ca/en/DocumentUploads/Bylaws/doc_635664219576145950.pdf

13. The operation of a motorized conveyance in such a way as to rev the engine beyond what is required for normal operation and maintenance. Prohibited period of time 19 00 one day to 07 00 the next day.

Issue 2, Option 1: That the Committee of the Whole recommend to Township Council that revisions to By-Law 2005-83 ‘being a By-Law to Control Noise’ include wording that prohibits the excessive noise produced from racing of motorized conveyances, subject to the review of the Township Solicitor. Issue 2, Option 2: That the Committee of the Whole recommend to Township Council that the current By-Law 2005-83 ‘being a By-Law to Control Noise’ with its time restrictions for noise remain as they currently are. Issue 2, Option 3: That the Committee of the Whole recommend to Township Council an amendment to By-Law 2005-83 ‘being a By-Law to Control Noise’ as it sees fit, subject to the review of the Township Solicitor. ISSUE #3: Due to the recent changes to the Zoning By-Law the zones within the Noise By-Law require amending to align with the new Zoning By-Law. It is recommended that the zones within the Noise By-Law be amended as below:

Zone 1: means every area that contains Community Residential, Community Commercial, Community Industrial, and Institutional

Zone 2: means every area that contains Waterfront Residential, Waterfront Commercial,

Waterfront Landing, and Environmental Protection

Zone 3: means every area that contains Rural Rural, Rural Residential, Rural Commercial, Rural Industrial, Open Space, and General Restricted.

All areas are in conformance with the Zoning By-Law in effect.

Issue 3, Option 1: That the Committee of the Whole recommend to Township Council that revisions to By-Law 2005-83 ‘being a By-Law to Control Noise’ include the recommended changes to the zones subject to the review of the Township Solicitor. Issue 3, Option 2: That the Committee of the Whole recommend to Township Council an amendment to By-Law 2005-83 ‘being a By-Law to Control Noise’ as it sees fit, subject to the review of the Township Solicitor. ISSUE #4 There are several areas within the current By-Law that could have a wording change to clear up any ambiguous language and provide clearer direction. These include the removal of a ‘study’ and ‘development of further criteria’, rewording of the exemption criteria and process, and rewording of short form wording and amount of fines. Since the passage of this current By-Law enforcement has been accomplished utilizing the criteria outlined. The commissioning of a study and the setting of further criteria is not warranted and would be


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a costly endeavour. Other municipalities within the District of Muskoka have similar noise control by-laws that utilize similar criteria that already exist in the current Muskoka Lakes Noise By-Law. The current wording for people, or groups, applying for exemptions under the current Noise By-Law is not as clear as it could be. Rewording of the process for exemptions will aid in providing clear guidance. Currently there are ‘short form wordings’ and set fines. The ‘short form wording’ will need to be amended with the suggested changes to the by-law. Additionally, the current set fines are too low and need to be increased. This increase in fines will provide a clear message to those who do not comply to the by-law that peace and quiet enjoyment of the area is important. Issue 4, Option 1: That the Committee of the Whole recommend to Township Council that revisions to By-Law 2005-83 ‘being a By-Law to Control Noise’ include the recommended administrative changes subject to the review of the Township Solicitor. Issue 4, Option 2: That the Committee of the Whole recommend to Township Council an amendment to By-Law 2005-83 ‘being a By-Law to Control Noise’ as it sees fit, subject to the review of the Township Solicitor. Being that there are a number of changes to the Noise By-Law put forward within this report, it is important that the completed draft updates be brought forward to a later session of Council. This will allow Council to see the incorporated changes as one complete package and direct with further changes or move forward with the passage of an updated by-law. FINANCIAL: Changing the by-law to increase restrictions will have costs in redrafting or amending the current by-law. In addition there may be financial impact on local establishments with regards to tourist volume and sales. Stakeholder comments from the effected group should be sought to ensure a balanced approach is obtained.


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BY-LAW NO. 2005-83

Being a By-law to control noise.

WHEREAS it is expedient to exercise the power conferred upon the Council by the Municipal Act, 2001 Sections 8, 11, 128 and 129; and WHEREAS a recognized body of scientific and technological knowledge exists by which sound may be substantially reduced; and WHEREAS the inhabitants of the Township should have an environment free from unusual, unnecessary or excessive noise which may degrade the quality and tranquility of their life or cause nuisance, in the public interest; and WHEREAS it is the policy of the Council to reduce and control such noise; and

WHEREAS Section 10 of the Act permits by-laws to deal differently with different classes of persons or businesses; and WHEREAS Council acknowledges the necessity to set criteria for exemptions from the prohibitions in this By-law, and intends to commission a study to determine such criteria, consistent with its obligations under the Official Plans of the Township and the District Municipality, which require promotion of the tourist economy within appropriate limits and controls; NOW THEREFORE the Council of the Corporation of the Township of Muskoka Lakes ENACTS AS FOLLOWS: 1. INTERPRETATION

Definition In this by-law,

a) Construction

“construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, blasting, rock crushing, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting equipment installation and alteration and the structural installation of construction components and material in any form or for any purpose and includes any work in connection therewith;

b) Construction Equipment

“construction equipment” means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment;


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By-law 2005-83 Page 2

c) Conveyance

“conveyance” includes a motor vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within a building;

d) Council

“Council” means the Council of the Corporation of the Township of Muskoka Lakes;

e) Highway

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles;

f) Motor Vehicle

“motor vehicle” includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways, or the motor vehicles running only upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act;

g) Motorized Conveyance

“motorized conveyance” means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power;

h) Noise

“noise” means a sound prohibited by this by-law.

i) Point of Reception

“point of reception” means any point on the premises of a person where sound originating from other than those premises is received;

j) Public Park

“public park” means any open space or recreational area, owned or controlled by the Corporation of the Township of Muskoka Lakes or any board, commission or other authority established under any statute of the Province of Ontario and may include one or more athletic fields, field houses, community centres, bleachers, swimming pools, bandstands, skating rinks, tennis courts, bowling greens, boat liveries, bathing stations, curling rinks, refreshment rooms, fair grounds, arenas or similar uses.

k) Township

“Township” means the Corporation of the Township of Muskoka Lakes.

l) Zone 1

“Zone 1” means every area designated by zoning by-law as Residential – R1, Residential R2, Residential R3, Residential R4, Residential R5, Residential R6, Multiple Residential RM1, Multiple Residential RM2 or Institutional I in the Township; and every area within a Community Commercial zone designated by zoning by-law in which there is one or more dwelling units as defined by zoning by-law.

m) Zone 2


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“Zone 2” means every area designated by zoning by-law as Waterfront Residential WR, Waterfront Residential WR1, Waterfront Residential WR2, Waterfront Residential WR3, Waterfront Residential WR4, Waterfront Residential WR5, Waterfront Residential WR6, Waterfront Residential WR8, Waterfront Landing WL, Waterbody Open Space WOS, or Environmental Protection EP1 or EP2 in the Township.

n) Zone 3

“Zone 3” means every area designated as Rural Ru1, Rural Ru2, Rural Ru3, Rural Residential RuR, Open Space OS1, Open Space OS2, Open Space OS3, Open Space OS4 or General Restricted GR in the Township.

2. PROHIBITION

No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 1 – General Prohibitions, and which sound is clearly audible at a point of reception.

3. LIMITATIONS BY TIME AND PLACE

No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 2 – Prohibitions by Time and Place, which is clearly audible at a point of reception located in a Zone specified in Schedule 2 within the prohibited time shown for such Zone.

4. EXEMPTION

a) Public Safety

Despite any other provision of this by-law, it is lawful to emit or cause or permit the emission of sound in connection with emergency measures undertaken; i) for the immediate health, safety or welfare of the inhabitants or any of them; ii) for the preservation or restoration of property; unless such sound is clearly of a longer duration, or nature more disturbing than is reasonably necessary, for the accomplishment of such emergency purpose.

5. EXEMPTIONS - GENERAL

a) Pending the development of criteria for exemptions, general exemptions from the terms of this By-law are not authorized. There is no fixed date by which such criteria must be developed.

b) Nothing in this section prevents any person from making an application to Council at

any time for the passage of a by-law which will establish exemption criteria for a class of persons or a class of businesses, pending completion of the development of criteria for exemptions generally.


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6. EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS ACTIVITIES

This by-law does not apply to a person who emits or causes or permits the emission of sound in connection with any of the traditional, festive, religious and other activities listed below: a) the use of an apparatus or mechanism for the amplification of the human voice or

of music in a public park or recreational area under the control and management of the Township in connection with any public election meeting, public celebration or other lawful gathering, provided that written permission of Council to hold such meeting, celebration or gathering has been first obtained under any applicable by-law of the Township.

b) Any band or parade, provided that written permission of Council to operate such

band or hold such parade has been first obtained under any applicable by-law of the Township.

c) The use of church bells or chimes normally associated with church activities. d) All activities permitted by Council associated with an event authorized by Council.

7. EXEMPTIONS – TOURIST ENTERTAINMENT OPERATIONS

a) For the purposes of this section, music includes singing, chanting, the playing of musical instruments, and the emission of sound from electronically amplified speakers.

b) For the purposes of this section, a tourist entertainment operation is a business

which provides music (live or recorded) and serves alcoholic beverages to the general public for compensation.

c) Pending the development of further criteria for tourist entertainment operations, a

tourist entertainment operation is not in contravention of Schedule 2 section 2 of this By-law if all of the following are satisfied: (i) no music is produced or emitted outside each building used by the operation. (ii) the windows of each such building are kept closed during the production or

emission of music within the building. (iii) the production or emission of music ends no later than 1:30 a.m.

d) The exemptions provided by subsection (c) of this section apply only to the

prohibition in Schedule 2 section 2, and do not apply to any other prohibition in this By-law.

8. SCHEDULES

The Schedules to this by-law form part of the by-law.

9. PENALTY

Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall, upon conviction thereof, be subject to the penalties set out in the Provincial Offences Act.

10. SET FINES

Every person guilty of an offence under this by-law may, if the procedure is commenced by filing a certificate of offence under the Provincial Offences Act, pay a set fine as approved by the appropriate Justice of the Ontario Court of Justice.

11. SEVERABILITY


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If a Court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force.

12. REPEAL OF BY-LAWS

By-law 2003-23 is hereby repealed. 13. ENFORCEMENT

Nothing herein shall limit the ability of the Ontario Provincial Police to enforce this by-law at any time.

READ a first and second time this 1st day of June, 2005 READ a third time and finally passed this 1st day of June, 2005 ___________________________ Clerk – Cheryl Mortimer ___________________________

Mayor – Susan Pryke


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SCHEDULE 1

Attached to and forming part of By-law 2005-83

General Prohibitions

The following activities are subject to prosecution pursuant to Section 2 of the by-law, if

audible at a point of reception:

1. The operation of an engine or motor in, or on, any motor vehicle or item of attached

auxiliary equipment, for a continuous period exceeding five minutes, while such vehicle

is stationary in Zone 1 unless:

a) the original equipment manufacturer specifically recommends a longer idling

period for normal and efficient operation of the motor vehicle in which case such

recommended period shall not be exceeded; or

b) operation of such engine or motor is essential to a basic function of the vehicle or

equipment, including but not limited to, operation of ready-mixed concrete trucks,

lift platforms and refuse compactors; or

c) weather conditions justify the use of heating or refrigeration systems powered by

the motor or engine for the safety and welfare of the operator, passengers or

animals or the preservation of perishable cargo; or

d) prevailing low temperatures make longer idling periods necessary, immediately

after starting the motor or engine; or

e) the idling is for the purpose of cleaning and flushing the radiator and associated

circulation system for seasonal change of antifreeze, cleaning of the fuel system,

carburetor or the like, when such work is performed other than for profit.

2. Barking, whining or other similar persistent sound made by a dog or a domestic pet, for

a continuous period exceeding thirty (30) minutes, in any part of the Township. The

owner of the dog or pet and any other person having control over it at the time of

emission of the sound is liable for contravention of this by-law.

3. Yelling, shouting, hooting, whistling, singing or other similar human sound in any part of

the Township between 23:00 hours (11:00 p.m.) and 07:00 hours (7:00 a.m.) the

following day.


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SCHEDULE 2

Attached to and forming part of By-law 2005-83

Prohibition by Time and Place The following activities are subject to prosecution pursuant to section 3 of the by-law, if audible at a point of reception in the Zone indicated.

Prohibited Period of Time

Zone

1

Zone

2

Zone

3

1. The detonation of fireworks or explosive devices not used in construction.

A A A

2. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound.

A A A

3. The operation of any auditory signaling device, including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practices.

B B B

4. The operation of any construction equipment or in connection with construction; or the operation of a chain saw.

C C C

5. The operation of any combustion engine which is used in, or is intended for use in a toy or model or replica of a larger device, which model or replica has no function other than amusement and which is not a conveyance.

A A A


A A A

7. The operation of any powered or non-powered tool for domestic purposes other than snow removal.

A A A

Prohibited Periods of Time

A – 23:00 one day to 07:00 next day (11:00 p.m. to 7:00 a.m.) B – 21:00 one day to 07:00 next day (9:00 p.m. to 7:00 a.m.) C – 21:00 one day to 06:00 next day Sunday to Friday, 21:00 one day to 09:00 next day

Saturday (9:00 p.m. to 6:00 a.m. Sunday to Friday; 9:00 p.m. Saturday to 9:00 a.m. next day)


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Suggested changes to the Noise By-Law

from the RAPC


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Suggested revisions in bold blue italics

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES BY-LAW NO. 2005-83

Being a By-law to control noise.

WHEREAS it is expedient to exercise the power conferred upon the Council by the Municipal Act, 2001 Sections 8, 11, 128 and 129; and WHEREAS a recognized body of scientific and technological knowledge exists by which sound may be substantially reduced; and WHEREAS the inhabitants of the Township should have an environment free from unusual, unnecessary or excessive noise which may degrade the quality and tranquility of their life or cause nuisance, in the public interest; and WHEREAS it is the policy of the Council to reduce and control such noise; and WHEREAS Section 10 of the Act permits by-laws to deal differently with different classes of persons or businesses; and WHEREAS section 11 of the Act provides that a single-tier municipality may pass by-laws respecting matters within spheres of jurisdiction set out therein; and WHEREAS Council acknowledges the necessity to set criteria for exemptions from the prohibitions in this By-law, and intends to commission a study to determine such criteria, consistent with its obligations under the Official Plans of the Township and the District Municipality, which require promotion of the tourist economy within appropriate limits and controls; NOW THEREFORE the Council of the Corporation of the Township of Muskoka Lakes ENACTS AS FOLLOWS: 1. INTERPRETATION Definition In this by-law, a) Construction “construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, blasting, rock crushing, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting equipment installation and alteration and the structural installation of construction components and material in any form or for any purpose and includes any work in connection therewith; b) Construction Equipment “construction equipment” means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile


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drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; c) Conveyance “conveyance” includes a motor vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within a building; d) Council “Council” means the Council of the Corporation of the Township of Muskoka Lakes; e) Highway “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles; f) Motor Vehicle “motor vehicle” includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways, or the motor vehicles running only upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act; g) Motorized Conveyance “motorized conveyance” means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; h) Noise “noise” means a sound prohibited by this by-law. i) Point of Reception “point of reception” means any point on the premises of a person where sound originating from other than those premises is received; j) Public Park “public park” means any open space or recreational area, owned or controlled by the Corporation of the Township of Muskoka Lakes or any board, commission or other authority established under any statute of the Province of Ontario and may include one or more athletic fields, field houses, community centres, bleachers, swimming pools, bandstands, skating rinks, tennis courts, bowling greens, boat liveries, bathing stations, curling rinks, refreshment rooms, fair grounds, arenas or similar uses. k) Township “Township” means the Corporation of the Township of Muskoka Lakes. l) Zone 1 “Zone 1” means every area designated by zoning by-law as Residential – R1, Residential R2, Residential R3, Residential R4, Residential R5, Residential R6, Multiple Residential RM1, Multiple Residential RM2 or Institutional I in the Township; and every area within a Community Commercial zone designated by zoning by-law in which there is one or more dwelling units as defined by zoning by-law.


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m) Zone 2 “Zone 2” means every area designated by zoning by-law as Waterfront Residential WR, Waterfront Residential WR1, Waterfront Residential WR2, Waterfront Residential WR3, Waterfront Residential WR4, Waterfront Residential WR5, Waterfront Residential WR6, Waterfront Residential WR8, Waterfront Landing WL, Waterbody Open Space WOS, or Environmental Protection EP1 or EP2 in the Township. n) Zone 3 “Zone 3” means every area designated as Rural Ru1, Rural Ru2, Rural Ru3, Rural Residential RuR, Open Space OS1, Open Space OS2, Open Space OS3, Open Space OS4 or General Restricted GR in the Township. o) Zone 4 “Zone 4” means the Urban Centre of the Village of Port Carling as defined in Schedule 3 2. PROHIBITION No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 1 – General Prohibitions, and which sound is clearly audible at a point of reception. 3. LIMITATIONS BY TIME AND PLACE No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 2 – Prohibitions by Time and Place, which is clearly audible at a point of reception located in a Zone specified in Schedule 2 within the prohibited time shown for such Zone. 4. EXEMPTION a) Public Safety Despite any other provision of this by-law, it is lawful to emit or cause or permit the emission of sound in connection with emergency measures undertaken; i) for the immediate health, safety or welfare of the inhabitants or any of them; ii) for the preservation or restoration of property; unless such sound is clearly of a longer duration, or nature more disturbing than is reasonably necessary, for the accomplishment of such emergency purpose. 5. EXEMPTIONS - GENERAL a) Pending the development of criteria for exemptions, general exemptions from the terms of this By-law are not authorized. There is no fixed date by which such criteria must be developed. b) Nothing in this section prevents any person from making an application to Council at any time for the passage of a by-law which will establish exemption criteria for a class of persons or a class of businesses, pending completion of the development of criteria for exemptions generally. 6. EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS ACTIVITIES This by-law does not apply to a person who emits or causes or permits the emission of sound in connection with any of the traditional, festive, religious and other activities listed below: a) the use of an apparatus or mechanism for the amplification of the human voice or of music in a public park or recreational area under the control and management of the Township in connection with any public election meeting, public celebration or other lawful gathering, provided that written permission of Council to hold such meeting, celebration or gathering has been first obtained under any applicable bylaw


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of the Township. b) Any band or parade, provided that written permission of Council to operate such band or hold such parade has been first obtained under any applicable by-law of the Township. c) The use of church bells or chimes normally associated with church activities. d) All activities permitted by Council associated with an event authorized by Council. 7. EXEMPTIONS – TOURIST ENTERTAINMENT OPERATIONS a) For the purposes of this section, music includes singing, chanting, the playing of musical instruments, and the emission of sound from electronically amplified speakers. b) For the purposes of this section, a tourist entertainment operation is a business which provides music (live or recorded) and serves alcoholic beverages to the general public for compensation. c) Pending the development of further criteria for tourist entertainment operations, a tourist entertainment operation is not in contravention of Schedule 2 section 2 of this By-law if all of the following are satisfied: (i) no music is produced or emitted outside each building used by the operation. (ii) the windows of each such building are kept closed during the production or emission of music within the building. (iii) the production or emission of music ends no later than 1:30 a.m. d) The exemptions provided by subsection (c) of this section apply only to the prohibition in Schedule 2 section 2, and do not apply to any other prohibition in this By-law. e) Notwithstanding any other provisions of this by-law a tourist entertainment operation in Zone 4 (Port Carling Urban Centre) will not permit sound as defined in 7a) to emanate from an outdoor place on or adjacent to the premises at any time. 8. SCHEDULES The Schedules to this by-law form part of the by-law. 9. PENALTY Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall, upon conviction thereof, be subject to the penalties set out in the Provincial Offences Act. 10. SET FINES Every person guilty of an offence under this by-law may, if the procedure is commenced by filing a certificate of offence under the Provincial Offences Act, pay a set fine as approved by the appropriate Justice of the Ontario Court of Justice. 11. SEVERABILITY If a Court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 12. REPEAL OF BY-LAWS By-law 2003-23 is hereby repealed. 13. ENFORCEMENT Nothing herein shall limit the ability of the Ontario Provincial Police to enforce this by-law at any time.


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READ a first and second time this 1st day of June, 2005 READ a third time and finally passed this 1st day of June, 2005 ___________________________ Clerk – Cheryl Mortimer ___________________________ Mayor – Susan Pryke

SCHEDULE 1 Attached to and forming part of By-law 2005-83

General Prohibitions The following activities are subject to prosecution pursuant to Section 2 of the by-law, if audible at a point of reception: 1. The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment, for a continuous period exceeding five minutes, while such vehicle is stationary in Zone 1 unless: a) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or b) operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready-mixed concrete trucks, lift platforms and refuse compactors; or c) weather conditions justify the use of heating or refrigeration systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals or the preservation of perishable cargo; or d) prevailing low temperatures make longer idling periods necessary, immediately after starting the motor or engine; or e) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit. 2. Barking, whining or other similar persistent sound made by a dog or a domestic pet, for a continuous period exceeding thirty (30) minutes, in any part of the Township. The owner of the dog or pet and any other person having control over it at the time of emission of the sound is liable for contravention of this by-law. 3. Yelling, shouting, hooting, whistling, singing or other similar human sound in any part of the Township between 23:00 hours (11:00 p.m.) and 07:00 hours (7:00 a.m.) the following day.


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SCHEDULE 2

Attached to and forming part of By-law 2005-83 Prohibition by Time and Place

The following activities are subject to prosecution pursuant to section 3 of the by-law, if audible at a point of reception in the Zone indicated. Prohibited Period of Time

Zone 1

Zone 2

Zone 3

1. The detonation of fireworks or explosive devices not used in construction. A A A

2. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electromechanical transducers, and intended for the production, reproduction or amplification of sound.

A A A

3. The operation of any auditory signaling device, including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practices.

B B B

4. The operation of any construction equipment or in connection with construction; or the operation of a chain saw.

C C C

5. The operation of any combustion engine which is used in, or is intended for use in a toy or model or replica of a larger device, which model or replica has no function other than amusement and which is not a conveyance.

A A A


A A A

7. The operation of any powered or non-powered tool for domestic purposes other than snow

A A A

Prohibited Periods of Time A – 23:00 one day to 07:00 next day (11:00 p.m. to 7:00 a.m.) B – 21:00 one day to 07:00 next day (9:00 p.m. to 7:00 a.m.) C – 21:00 one day to 06:00 next day Sunday to Friday, 21:00 one day to 09:00 next day Saturday (9:00 p.m. to 6:00 a.m. Sunday to Friday; 9:00 p.m. Saturday to 9:00 a.m. next day)


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SCHEDULE 3 Attached to and forming part of By-law 2005-83

Definition of Zone 4 – Port Carling Urban Centre


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TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: Fire Prevention – Provincial Incident Risk Management Tool RECOMMENDATION 1: That The Committee of the Whole recommend to Township Council

that the Fire Department undertake a program for fire safety inspections of all buildings other than those used as single family residences and utilize the IRM tool to determine the calculated building fire risk


Submitted By: Richard Hayes, Fire Chief July 16, 2015 Original signed by R. Hayes

Acknowledged: Clayton Harris, Interim CAO July 16, 2015 Original signed by C. Harris

ORIGIN: Emergency Services BACKGROUND:

When the Fire Prevention and Protection Act (FPPA) was introduced in 1997, it established a framework for the fire service to provide fire protection services to the public. A service delivery model was developed to guide the fire services and which promoted an integrated and balanced approach emphasizing Three Lines of Defence:

Line One: Public Fire Safety Education Line Two: Fire Safety Standards and Enforcement Line Three: Emergency Response.

The FPPA, 1997 also outlines the responsibilities of municipalities in section 2 of the act. The act states: 2. (1) Every municipality shall,

(a) establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention; and (b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.

Report from the Fire Chief Re: Fire Prevention -

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Furthermore, under the FPPA, 1997 municipalities can be evaluated by The Fire Marshal to ensure the above responsibilities are adequately fulfilled.

In 2014, The Office of the Fire Marshal and Emergency Management (OFMEM), officially launched the Integrated Risk Management (IRM) Web Tool. This tool was designed in consultation with the Ontario Association of Fire Chiefs, Association of Municipalities of Ontario, Ontario Professional Fire Fighters Association, and the Fire Fighters Association of Ontario. The development of the IRM Web Tool began with consultations with the Electrical Safety Authority (ESA), which provided a methodology that incorporated best practices, metrics and a risk-ball that plots probability and consequence. The data that forms the backbone of this tool is derived from multiple official sources and includes many years of incident reporting, and MPAC data.

The IRM tool has been designed for municipal and fire service decision-makers, to assist municipalities in fulfilling their responsibilities outlined in the FPPA, 1997. The IRM Web Tool is an evidence based risk management tool which can be used by all Ontario’s municipalities and fire departments to determine fire risks within individual buildings in their respective communities by taking into account building characteristics (Building Factors) and the three lines of defence. The Building Risk Factors considered are:

1. Inspections and Enforcement 2. Public Education 3. Height of building 4. Occupancy Type (i.e. Restaurant, bakery, boat manufacture) 5. Sprinklered vs. unsprinklered 6. Fire Alarm System (monitored, unmonitored) 7. Fire department access

The IRM is a process which begins with the inspection of a building by the Fire Chief or trained

delegate. Afterwards, through a series of approximately 70 questions, the IRM web tool program is used to input collected data inclusive of factors such as building, education, enforcement, and suppression. At the conclusion of the inputs, Risk and Consequence factors are shown indicating the fire risk of the building being measured. Changes to the building under any of the categories listed will change the outcome of the factors.

The Simplified Risk Assessment indicates that the building stock within the Township as:

Occupancy Classifications # of Occupancies Group A Assembly 88 Group B Institutional 1

Group C

Single Family 9361 Multi-unit residential 28

Hotel/Motel 16 Mobile Homes and Trailers 10

Other 8 Group D Business and Personal Services 67 Group E Mercantile 198 Group F Industrial 41


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Other Occupancies not classified in the Ontario Building Code such as Farm buildings. This includes farms with businesses, residences, outer buildings, and commercial.

155

Special Risk Occupancies/Properties

Camp grounds, Parks, Golf Courses, Communication Towers, Open Pits, Cemeteries’, Marinas, Gas stations

108

Total 10,081

The building stock that is highlighted represents the buildings that undergo Fire Inspections, currently by request or complaint. The total number of these buildings is 702. Conducting inspections of these buildings and measuring the Probability and Consequence of fire risk utilizing the IRM tool will provide quantifiable data of the fire risk within the Township. It will take approximately three years to accomplish this task. ANALYSIS:

When analyzing the outcomes of utilizing the IRM Tool a numerical value is produced for both Probability and Consequence and the risk ball is shown on the graph representing the calculated building fire risk. The Probability is the likelihood of a fire occurring and ranges from 0 – 100. The Consequence is the impact on injury, loss of life, property damage and/or environment from fire and ranges from 0 – 100.

Probability:

Factors that will decrease the probability of fire starting include the frequency of inspections, public education, building factors (maintenance and age), etc.

Consequence:

Factors that will decrease the consequence of fire once it has started include, type of occupancy, fire protections systems (sprinklers, monitored alarms systems, etc.), fire department readiness and capabilities, etc.

While both probability and consequence are important, by decreasing the probability of fire from

starting will make the consequence less likely to be a reality. There are direct applications that can be brought to aid in decreasing the probability. These include, but not limited to, regular fire inspections, ongoing public education, and regular maintenance of building equipment. By conducting fire inspections, installation of fire protection and suppression systems can be assured to be installed and


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in working order where required. Maintenance of equipment such as HVAC systems and Commercial Cooking Systems can be assured. In order to decrease the consequence of fire, the ability to limit or cease the spread of fire is necessary. Where possible, the installation of sprinkler systems will limit the extent of fire spread. A monitored fire alarm system would provide early notification to the fire department providing an earlier arrival at the building to extinguish the fire thus limiting fire damage.

The process of using the IRM tool starts with conducting a fire inspection. As such, it is

therefore recommended that the Committee of the Whole recommend to Township Council that the Fire Department undertake a program for fire safety inspections of all buildings other than those used as single family residences and utilize the IRM tool to determine the calculated building fire risk. Once the data is compiled it will be brought back to Committee of the Whole where the determination of an acceptable fire risk and ongoing fire prevention maintenance can be set. This acceptable risk and ongoing fire prevention maintenance will meet the local ‘Needs and Circumstances’ as noted within the FPPA 2(1)(b). FINANCIAL: There are no financial costs to the Fire Department for utilizing the IRM tool.

Providing the trained firefighters with an opportunity to hone their inspection skills and for succession planning will bring with it the hourly wage costs.


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THE TOWNSHIP OF MUSKOKA LAKES PUBLIC LIBRARY BOARDMINUTES - OF THE REGULAR MEETING

Wednesday, May 20, 2015A Regular Meeting of the Township of Muskoka Lakes Library Board was held on Wednesday, May 20,at 1:00 p.m. in the Elizabeth Glen Heritage Room, Norma and Miller Alloway Muskoka Lakes PublicLibrary, Port Carling, Ontario.

PRESENT:Chairperson Donelda KruckelJean-Ann BaranikChristine FeatherstonePatricia GidleyShirley GordonDouglas McIntyreCathy Duck-CEO, Secretary/Treasurer

REGRETS:Sandy Tozer Spence

1. Call to Ordera. Chairperson D. Kruckel called the meeting to order at 1:01 p.m.

2. Adoption of Agendaa. Consideration of a resolution to adopt the Library Board agenda.

Resolution Number 1-20/05/15Moved by P. Gidley; Seconded by C. Featherstone; be it resolved that the Library Boardagenda dated Wednesday, May 20, 2015 be adopted as amended.Carried

3. Disclosure of Interesta. None declared.

4. Receipt/Adoption of Minutesa. Consideration of a resolution to adopt the Library Board minutes for the meeting held on

Wednesday, April 22, 2015.

Resolution Number 2-20/05/15Moved by P. Gidley; Seconded by C. Featherstone;be it resolved that the Library Boardminutes for the meeting held on Wednesday, April 22, 2015 be adopted.Carried

5. Business Arising from the Minutesa. Ontario Funding Agreement — update on funding spending

b. IT update — Eight used computers from District are being refurbished and four new computershave been ordered.

Minutes of the May 20, 2015 Muskoka Lakes Public

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6._("x;rge§_t_— Mayor Don Furr1iss(1:15—1254)

Mayor Furniss addressed the Board. He stated that as the Library Board operates under the PublicLibrary Act the ?scal responsibility and relationship between the municipality and the Board isunique compared to other municipal departments. A review of the Library’s budget through thelast few years was undertaken and discussion ensued.

7. Reportsa. CEO.As circulated.Additions to report— Friends Annual General Meeting was held on May 7, 2015— CEO attended Libraries 2025 in Toronto- Application has been made to the District Municipality of Muskoka Pay It Forward grant

program for funding to support Art for Seniors- CEO attended the Muskoka Community Foundation luncheon representing the Library and

the Muskoka Lakes Museum. We were successful in receiving a grant to facilitate digitizinghistorical material for both organizations

b. Council Representative.— Little Libraries was approved by the Township- the decision of the hiring of the new CAO is in the final stages

7. Financiala. Budget Variance Expense report to May 6, 2015.Reviewed.

8. Administrative Issuesa. Closed session minutes are being updated for proper retention.

b. Bala Library — Interviews will be conducted in order to facilitate the hiring of a new staffmember for Bala before the end of May.

9. Policy Development and Reviewa. AODA —

Resolution Number 3-20/05/15Moved by S. Gordon; Seconded by D. Mclntyre; be it resolved that the Library Boardformally adopts the Township of Muskoka Lakes Integrated Accessibility StandardsPolicy (C-GG-25) (ACCESS-02)CarriedResolution Number 4-20/05/2015Moved by C. Featherstone; Seconded by J. Baranik; be it resolved that the Library Boardadopt the policy Accessibility Standard for Customer Service (ACCESS-01)Carried


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b. Purpose of the Board —

Resolution Number 5-20/05/2015Moved by P. Gidley; Seconded by J. Baranik; be it resolved that the Library Boardadopt the policy Purpose of the Board.Carried

c. Duties and Responsibilities of Individual Board Members

Resolution Number 6-20/05/2015Moved by D. Mclntyre; Seconded by S. Gordon; be it resolved that the Library Boardadopt the policy Duties and Responsibilities of Individual Board Members.Carried

d. Code of Behaviour in the Library

Resolution Number 7-20/05/2015Moved by P. Gidley; Seconded by J. Baranik; be it resolved that the Library Boardadopt the policy Code of Behaviour in the Library.Carried

e. Patron Records

Resolution Number 8-20/05/2015Moved by C. Featherstone; Seconded by D. McIntyre; be it resolved that the LibraryBoard adopt the policy Patron Records.Carried

f. Meetings of the Board

Resolution Number 9-20/05/2015Moved by C. Featherstone; Seconded by P. Gidley; be it resolved that the Library Boardadopt the policy Meetings of the Board.Carried

g. Patron Complaint

Resolution Number 10-20/05/2015Moved by P. Gidley; Seconded by J. Baranik; be it resolved that the Library Boardadopts the policy Patron Complaint.Carried

10. New and Unfinished Businessa. Annual Board Agenda — Library Board members are to compile a list of agenda items for theupcoming calendar year.b. Maintenance Contract for Custodian — To be postedc. Little Libraries — S. Gordon reported that approval has been received from the municipality tohouse Little Libraries on municipal property. Brackenrig Nursery has committed to building aLittle Library.


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d. MOU update — solicitating a response from C. Harris, Interim CAO

e. CEO PerformanceReview — Board members to complete their individual reviews for a closedsession meeting at 12:00Wednesday, June 17, 2015, regular meeting to follow at 1:00 p.m.f. C. Featherstone requested that a copy of the Southern Ontario Library Servicepublication —

Cut to the Chase be forwarded to all Board Members.g. P. Gidley reported on the SOLS trustee training meeting held recently in Bracebridge.

11. Board in Closed Session — None

12. Adjournmenta. Consideration of a resolution to adjourn,

Resolution Number 11-20/05/15Moved by C, Featherstone; be it resolved that the meeting adjourn at 3:35 p.m. and thenext regular meeting of the Board be held on Wednesday, June 17, 2015 at 1:00 p.m. atthe Norma and Miller Alloway Muskoka Lakes Public Library, Port Carling, Ontario.Carried

CHAIRPERSON: 4&2” ?SECRETARY /MyAPPROVED: ()AA,44,€lllb/


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TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: Memorial Bench, Windermere Beach RECOMMENDATION: THAT Mr. Edward Thompson be authorized to place a memorial

bench at the Windermere Beach subject to the conditions indicated in this report.


Interim Director of Public Works 07/09/15 Original Signed by L Troup


Interim CAO

ORIGIN:

Attached e-mail of June 29, 2015, from Mr. Edward Thompson. BACKGROUND: The municipality does not have a policy regarding this request; we address them as they arise. I spoke to Mr. Brent Gammon, Parks Foreman, regarding this request; he indicated an additional park bench at the Windermere waterfront would be a welcome addition. Staff have no objection to this request subject to the following:

All costs associated with the purchase and installation of the memorial park bench will be the responsibility of Mr. Edward Thompson.


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The location of the park bench installation will be established with the approval of Township Staff

The municipality will not assume any cost associated with the maintenance or future replacement of the memorial bench.

FINANCIAL:

There will be no financial impact on the Township of Muskoka Lakes.


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Hi,Our family, Thompson/Taylor, would like to donate a park bench at the Windermere beachsimilar to the ones donated by the Lions, in memory of our grandson Joshua Thompsonwho passed away this year at the young age of 17. He loved Windermere and swimming.

Various membersof our family have swam at the beach for about a hundred years and wethought that a bench would be a nice memorial. We would of course bear all costs.

What permissions do we need to proceed?

Thanks,EdThompson


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TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: Windsor Park Washroom RECOMMENDATION: THAT The Committee of the Whole recommends to Council that

the replacement of the Windsor Park Washrooms be included in the 2016 Budget Considerations for an approximate value of $175,000.00.


Interim Director of 29/06/15 Original Signed by L Troup Public Works


Interim CAO

ORIGIN: The need to investigate structural issues with the washroom facilities at Windsor Park. BACKGROUND: In recent years there have been indications that there maybe structural issues related to the washroom facilities located at Windsor Park, Bala. This past year there appears to be considerable movement in the floor and interior wall. C.C. Tatham and Associates was retained to investigate and comment on the cause and implications. Attached is a copy of the correspondence from Mr. Bill Van Ryn of C.C. Tatham and Associates. It would appear that the floor has failed due to voids beneath the concrete slab.


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The internal partitions and plumbing fixtures have shifted accordingly. Presently the womens portion of the building is usable; the mens section is closed and unusable in its present state. There is no budget available to perform the required repairs. OPTIONS:

A. Remove the building and not replace, this would be the least expensive option however not the most popular.

B. Repair and replace the floor as prescribed including new plumbing for the entire structure $90,000.00 ±. This does not address other issues with the building (e.g. roof, accessibility).

C. Construct a totally new facility to present standards/requirements. The suggested costs are in the $160,000.00 to $175,000.00 range.

Although, I am not aware of any grants available at the present, there may be accessibility grants available from senior levels of government in the future. FINANCIAL: To be determined.


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E Hanan Dnve

Hracebndge‘ Onlann PH. 0A1

C.C.Tatham &Associates Ltd. Is: (705) 645-7756

Consulting Engineers F3><I17U5)5‘5*3‘59

i — — — — — Email: iN?@CC|3|ham COM

Co?mgwumi Bvacebndge Ovi?ia Barrie Wen: www.cc1aInam com

June 25,2015 via Email(ltroup@muskoka|akes.ca)CCTAFile215512-1

LenTroupInterimDirectororPublic WorksTownshipof MuskokaLakes1 BaileyStreet, PO Box129PortCarling,Ontario POB1J0

Re: Windsor ParkWashroom

DearMr.Troup:

We are pleased to present the resultsof our reviewof floorsettlementin the men's washroom. Thebuildingis approximately15'by30’andoontainsa women'swashroomonthe west side, a mechanicalroom in the middle,and men's washroomon the east side‘ Thereare no constructiondrawingsorrecords available. Itisbelievedthebuildingwas constructedin theearly1980s. Thesurroundingareais lawn,withexposedbedrockoutcropsgenerallyon allfoursidesofthe building.atdistancesof50‘to

5...... ???v.w away. we we. ..r ...e ...e.. s nasmw... has auuluu arullg the c:1a\lIltdll,d) ullulml on l'll.luIr: mu.

1. We understandthe settlementwas tirstnotedseveralyears ago and increasedover the winterof2014/2015forcingthe menswashroomto be closed.

We inspectedthe men's washroomon May5 and notedthe most severesettlementwas infrontoftheexteriordoor in the rangeof 3", transitioningto 2"in the south east comer. There was no settlementalong the west wall,and the?oor tileshad no significantcracks.aside fromthe tileson the east edge,adjacent the exteriorwall The plumbinghad been turnedoffforthe winterof 2014/2015,as normallydone each fall. Therewerenosignsof water damage or migrationof?ne materialoutside the buildingto suggestwater wasthe causeforthe settlement‘Therewasnoevidenceof settlementor movementinthe abovegroundexteriorwalls,withonlyminorshrinkagecracksnotedinthe mortarjoints.

Townshipsta? began to removethe floorslab on May6 and we returnedon May7 to inspectthe soilunder the slab. The soilconsistsof a mediumooarsesand and was extremelylose. The sand wasreasonablydry at the surlace, andwetterat depth. Usinga 1/2"dia. steel rodthe sand couldbe easily

l probedby hand to a depthof 4’.Shallowtest pitsweredug to examinethe sand at depth. Thesandhad consistent gradationand densitythroughout. Expectedbedrockwas notedat approximately56"belowthe slab grade along the east wall. It was noted that in several areas the slab was notbearing/foundingon the sand as voids were present below the slab.as shown on PictureNo. 2.Sectionsofthe underslabplumbingwereexposedandnoindicationsof leaksorfailureswerenoted.

Consulting

onmio

lrr

‘ @ Prof-ion-I E-si-rm Authorizedby the Associationat ProtesslnnalEngineersat Ontarioto alter Pmtesslnnai snalmzsvlngservices. Engineers atOnurio


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These observationsindicatethe settlementofthe slabis most likelydue to the lossof bearingcapacitycaused bysettlementofthesupportingloosesand ?ll

Similarback?llconditionsare expected under the mechanicalroomand the women's washroom.Somevoidsbetweenthe loose sandand the slab werenoted in the penetrationsthroughthe commonfoundationwallbetweenthe mechanicalroomandthe men'swashroom,as shownonPictureNo.3.

Repairingthe slabwillrequirecompleteremovalofthe loosesand ?ll,placingand compactinggranularfilland pouringa newslab. The 8' blockfoundationwallcan not supportan unbalancedloadof 56"ll’Dl'l1[HS BXIel'lOl‘D3CKll||. lnererore, ll Wlll oe necessary10 removeWe upper14'' OT eX[el|0l DEICKIIII

whilethe internalloosesand is removedand replaced.

Given the existingloose sand found belowthe slab in the men's washroom,and expected similarconditionsin the mechanicalroomand women'swashroom,it is possiblethat compactionof the newgranulartiltin the men's washroomwillgenerate vibrationsthat willcause the slab in the mechanical

roomand women's washroomto settle. Therefore.we recommendthe completereconstructionof the

floorslab in all3 rooms.Thiswillrequirethe removalof all interiorpartitions,plumbing?xturesand

underslab piping.Weestimatethe repairswillcost inthe rangeof$90000 to $110,000.

We note an alternateoptionis to replacethe building. Althoughoonstmctioncosts willbe higher,this

optionwilladdressa numberofotherde?cienciesincludingwheelchairaccessibility,poorconditionof

the existingroofand ventilationsystem. We estimatereconstructionwillcost inthe rangeof$160,000

to$175,000.

We trustthe aboveis satisfactory. Pleasecallityouhave anyquestions.

Yourstruly,C.C.Tatham &Associates Ltd.

ucawulaBillVan Ryn,B.Eng.,P.Eng.VicePresident,Manager,BracebridgeOf?ceBVR:pmtEnclosuresmm; ~....mu. -.m.......... »...>...»r.o............ H... -.;-W

LenTroup.InterimDirscmr411PublicWovks Page 2 012TownshipofMuskokaLakes June 25, 2015

jReport from the Interim Director of Public Works

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Picture #91:Floor settlement in South-East cornerof washroo


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Muskoka Lakes Trails Committee July 9, 2015 Location: Raymond Community Center, area trails Present: Ruth Nishikawa, John Wright, John Baird, Al Young, Tom Payne, Lisa Wheaton, Mr. and Mrs. Christine O'sullivan, John McMeachin Regrets: Marg, Pam Wright, Phil Harding Items discussed; Muskoka Trails council updates, funding initiatives currently available from Provincial and Federal and district, land assembly on Walkers Pt. Active transportation and a brief overview of possible enhancements for Hazelwood trail. Ruth passed out the townships master trails plan, and the Healthy Communities design policy statement from the Muskoka district health unit. After 3 meetings where committee explored sites across the township the following was determined. – signage on our trails is still very poor – web site and trail maps are very outdated and in fact could lead some to get lost – some of our trails and park locations are not being properly 'signed and marketed' – the width on some of the trails (Hardy Lake for example) have become very narrow and no maintenance has been occurring. – The Municipality is missing key opportunities to enhance our parks and trails systems which are important economic development drivers. – Active transportation should be moved on quickly. After looking at alternatives, the group agreed that creating a link from Walkers Pt. Community center, through Torrance and then Bala would be the first initiative to bring forward. – Utilizing or making accessible township parks in the Winter season should be explored. – Involve other groups to establish a cycling dialogue. – It was determined the need to educate council on our trails and parks systems and invite participation. Committee after touring the Fish Hatchery location and locating a river trail and waterfall, wish to have a further understanding of municipal properties and trail markings. Action items; – Ruth to bring forward to council request for assistance in application for funding available. – Ruth to speak with public works staff concerning maintenance on trails. – Ruth to speak with IT to have website updated and overall improvements – Committee to start the process of establishing new link from WP to Bala – Phil to look at process of linking to Muskoka Trails council face book page. – Ruth to contact Ministry of Tourism and Culture for assistance in design and application requirements for funding. – Ruth to contact Bill Vanryan and David Pink for further detail on land exchange around Fish Hatchery trail. – Contact with Mike Silver on Clear Lake for a dark sky experience at the Barrons. – A marketing and community presence be provided in conguction with MTC and upcoming events. Note guess speaker in September at Port Carling community center. Committee agreed that the next meeting should occur before the end of July and a date will be announced. This meeting will discuss application for funding available on July 15 2015. August 13 meeting to be held at Red Leaves and explore the trails at the Rock.

Parks and Trails Committee meeting minutes of July 9,

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TO: Mayor Don Furniss and Members of Council MEETING DATE: July 21, 2015 SUBJECT: Strategic Plan - 2015 Implementation Plan RECOMMENDATION: That the Implementation Plan (Tactics) for the Objectives in

the Strategic Plan that have timeframes identified as either Ongoing or Short Term be approved.

APPROVALS: Date Signature Submitted By: Clayton Harris, Interim CAO July 16, 2015 Original Signed by C. Harris

On behalf of the Senior Management Team

ORIGIN: The Township has completed a thorough review and update of the Township’s

Strategic Plan. The timeframe for the Plan is 2015 – 2018. BACKGROUND: The Township’s updated Strategic Plan was recommended for approval at the

June 16, 2015 Committee of the Whole Meeting. Committee’s recommendation will be ratified by Council on the July 17, 2015.

The Strategic Plan includes six (6) Strategic Priorities. Each Strategic Priority

includes defined Goals which are supported by a number of Objectives as noted in the Table below.

Strategic Priority Goals Objectives 1. Infrastructure 1 3 2. Environment and Heritage 3 8 3. Community Development 2 8 4. Economic Development 2 4 5. Township Governance 3 7 6. Township Communication 1 4

Total 12 34

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As noted in previous reports, a Template for identifying action/tactics and for

tracking the implementation of the objectives has been developed. With the approval of the Strategic Plan, staff has begun the development of an Implementation Plan. The Implementation Plan will identify actions/tactics for each Objective as well as the staff lead, the Councillor Liaison and time-lines.

Included in the Plan are a number of Objectives with an Ongoing or Short Term

(6 month) timeframe assigned to them. These timeframes were assigned if work was currently being done and if the resources necessary to undertake the work are currently in place or included in the 2015 budget. The purpose of this report is to recommend approval of the 2015 Implementation Plan. It is anticipated that the Implementation Plan for the balance of the Objectives will be developed over the summer months. The results will be reported to Council in time to feed into the 2016 Budget process.

Senior staff met to develop the 2015 Implementation Plan. The meetings were

facilitated by Bloom Consulting. As noted above, the 2015 Plan addresses those Objectives with a timeframe identified as either Ongoing or Short Term. The 2015 Plan is provided as Attachment 1.

FINANCIAL: There are no financial implications of this report.

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2015 Implementation Plan

Strategic Priority: ENVIRONMENT AND HERITAGE

Goal: BUILD ON CURRENT EFFORTS TO PROTECT AND PROMOTE THE HEALTH OF THE ENVIRONMENT AND WATERWAYS

Objectives:

Staff/

Department Lead

Timeframe

Council Liaison

Resources Required

Tactics

Commit to septic inspection program and compliance monitoring to prevent soil and water contamination

Development Services Dept

Ongoing Councillor Edwards

Existing Staff Time in

year one

Continue to Identify staff and financial resources to conduct inspections and follow up enforcement (complete)

Apply for summer interns to carry out inspections (complete) and establish an inspection schedule

Prepare regular reporting process to council

Partner with Muskoka Watershed Council and other watershed stakeholder associations to educate public on importance of maintaining water quality and provide support to remedy problems

Planning, Development Services Dept

and Public Works

Ongoing

Mayor Furniss

Councillor Harding

Councillor Edwards

Councillor Ledger

Communication support required in

year one

Assess additional

staffing and remedy grants

required in future years

Continue a campaign to educate residents of the importance of protecting water quality, on-going testing and monitoring

Benchmark current work with MLA and Watershed Council re testing and reporting

Encourage partners to continue water quality testing with the goal of testing all lakes in the TML

Support the remedy process for any quality issues that are uncovered through testing

Investigate grant opportunities to support remediation

Collaborate with Province and other stakeholders to better manage water levels to protect shorelines against flooding and/or low levels

Fire

Ongoing

Councillor McTaggart

Communication support required in Year One

Work with Mayor and Council to inform MNR of impact of flooding / low levels

Reach out to Municipalities bordering Lakes Muskoka, Rosseau and Joseph to discuss issues related to water levels

Review Municipal maintenance programs to ensure alignment with environmental stewardship including storm water management Public Works

Ongoing Councillor

Ledger

Input from all departments

Survey staff by department to identify practices that have environmental impacts and identify potential solutions/opportunities

Summarize survey results and recommendations for change for consideration by SMT

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Strategic Priority: COMMUNITY DEVELOPMENT

Goal: ENHANCE QUALITY OF LIFE IN MUSKOKA LAKES THROUGH SUPPORT TO COMMUNITY AND HEALTH SERVICES

Objectives:

Staff/

Department Lead

Timeframe

Council Liaison

Resources Required

Tactics

Support affordable housing development in the Township and increase residents’ and developers’ awareness of supplement and incentive programs available through the District and the Province *1

Clerk Planning

Short Term

(Within 6 mo)

Councillor Nishikawa

Existing Staff Time

and Communication Support

Continue to implement Official Plan policies supporting alternative and attainable housing

Post links to DMM information on affordable housing supplement and incentive programs

Request print information on programs and make available at reception

Invite representatives of District Social Services to review available services and affordable housing initiatives with staff/Council

Investigate the opportunity for DMM to convert TML owned property adjacent to the Township office into affordable housing units

Support proposal to include affordable housing units in the Lion’s residence

Promote community emergency plans and procedures to protect residents in case of emergency Fire

Short Term (Within 6 mo)

On-going

Councillor McTaggart

Existing Staff Time and

Communicatio

n Support

Continue on-going public education regarding being prepared for emergencies

Continue on-going public education regarding municipal response to major emergencies

Continue plan review as per legislation to ensure all information is current and up to date

Raise awareness among Muskoka Lake staff of the community and social services available from District and Provincial governments; and advocate on behalf of residents for access to these services as required Clerk


Councillor Nishikawa


Communicatio

n Support

Request DMM Community Services provide staff & Councillor training related to services available to TML residents

Request Community Services program materials from DMM and make available at the Township office

Link TML website to Community Services program details on DMM site

Track requests for Community Services information as a 6 month pilot project to inform DMM of local needs … review value of the tracking process with DMM representatives at the end of the 6 month pilot

1 * Community survey indicated high levels of dissatisfaction with availability of social housing support

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Support development of the new Health Hubs in

and around Muskoka Lakes to increase awareness and access to health and community

services, supports and programs available to residents

CAO


Mayor Furniss & Councillor

Edwards

Support from Planning,

CED, Treasury,

SMT

Support the temporary Health Hub in the Port Carling Library

Work with the lessee to resolve issues at the permanent site:

-entrance of Hwy 118, land exchange -HST rebate

Obtain Council direction re the execution of the construction contract with Greystone by the municipality

Promote the assignment of the Health Hub lease to the District of Muskoka

Provide resources to update the Web site and promote the Wellness Centre/Health Hub

Development Services

Coordinator



Edwards

Junior Staff and Admin

support from CED Intern

Act as the owners representative and oversee the construction of the project

Partner with regional volunteer initiatives to enhance training and development opportunities for volunteers and community groups

Community Economic

Development

CED Intern


Councillor Baranik

Existing Staff Time

Collaborate with Volunteer Muskoka to offer volunteer training for TML residents

Survey local organizations to determine training needs

Research opportunities to address training needs

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Strategic Priority: ECONOMIC DEVELOPMENT

Goal: COLLABORATE WITH KEY STAKEHOLDERS TO CREATE A TOWNSHIP ECONOMIC STRATEGY AND PLAN

Objectives:

Staff /

Department Lead

Timeframe

Council Liaison

Resources Required

Tactics

Clarify Township’s role in economic

development and available economic development resources

CED

Short Term

(Within 6 mo)


Harding

Existing Staff Time

Economic

Development (CED Intern)

Host an economic forum to clarify goals, partners and roles and responsibilities

Goal: IMPROVE QUALITY, ACCESSIBILITY AND AFFORDABILITY OF HIGH-SPEED INTERNET SERVICES**

Objectives:

Staff/

Department Lead

Timeframe

Council Liaison

Resources Required

Tactics

Initiate discussions and determine

existing levels of service across Muskoka Lakes to increase understanding of the extent and nature of service issues and consult with primary service providers to advocate for improved high speed services*2

Treasurer CED

(CED Intern)

Short Term (within 6 mo)

to Medium Term

( 2- 3 yrs)

Councillor Currie

Existing Staff Time

CED Intern

Request representation on MCN Board of Directors to ensure TML service needs are being considered

Contact MCN for a report of current service coverage in TML Advocate for improved services throughout TML

2 * Community survey indicated high levels of dissatisfaction with high speed services

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Strategic Priority: TOWNSHIP GOVERNANCE

Goal: ENHANCE THE MUNICIPAL WORKPLACE ENVIRONMENT TO ATTRACT AND RETAIN QUALITY STAFF

Objectives:

Staff /

Department Lead

Timeframe

Council Liaison

Resources Required

Tactics

Undertake a comprehensive third-party organizational review to ensure appropriate departmental alignment, distribution of staff and resource allocations that reflect the goals of the organization outlined in the strategic plan

CAO

Short Term (Within 6 mo) Mayor Furniss

Consultant Fees approved in 2015 budget

Draft scope of work and issue RFP

Recommend consultant selection to Council for approval

Champion the review and provide oversight of the project

Present recommendations to Council for approval

Goal: ESTABLISH GUIDELINES TO SUPPORT STRONG AND EFFECTIVE COUNCIL LEADERSHIP

Objectives:

Staff/ Department

Lead

Timeframe

Council Liaison

Resources Required

Tactics

Implement a Code of Conduct that outlines responsibilities and accepted practices for Council including a clear complaint process

CAO


Mayor Furniss


Council Agenda Time

Draft comprehensive Councillor Code of Conduct Policy

Prepare report and make recommendation to Council

Draft scope of work and issue RFP for an Integrity Commissioner

Recommend Integrity Commissioner selection to Council for approval

Host related Council training session

Design a comprehensive procedural by-law that ensures compliance with the Municipal Act, and develop orientation and training strategies to guide council in conducting meetings and communicating with the public and staff

Clerk

Short Term

(Within 6 mo)

Mayor Furniss

Existing staff time and

Council Agenda Time

Design procedural by-law based upon best practice

Introduce to Council for review and approval

Host related Council training session

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Goal: ENSURE QUALITY AND EFFICIENT SERVICE DELIVERY TO RATEPAYERS

Staff / Department

Timeframe

Council Liaison

Resources Required

Tactics

Schedule a continuous review process to ensure effectiveness and implementation of the official plan and all by-laws *3 Clerk

Short Term (Within 6 mo) Mayor Furniss

Input from each

department (working

group) Existing Staff

Time and Council Agenda

Time

Survey staff to determine by-laws in need of immediate/priority review

Present by-law survey results to SMT for discussion and prioritizing

Prepare review schedule for those by-laws deemed highest priority

Goal: ESTABLISH SERVICE DELIVERY STANDARDS THAT MEET CHANGING DEMANDS

Staff /

Department Lead

Timeframe

Council Liaison

Resource Required

Tactics

Analyze demographic and other trends to inform long term planning, policy, programs and services

Planning Ongoing Mayor

Input from each

department (SMT)

Existing Staff

Time and Council Agenda

Time

Add trends review to SMT agendas on a semi-annual basis to identify and track changes impacting TML and provision of services

Review studies prepared by DMM and other data sources to determine demographic changes and projections impacting TML

Summarize and discuss response to trend information at special annual session of SMT

Consider the results during the annual review of the Township’s Strategic Plan

3 Community survey indicated high levels of dissatisfaction with current effectiveness of by-laws

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Strategic Priority: Communications

Goal: IMPROVE PUBLIC ACCESS TO INFORMATION AND ENHANCE QUALITY AND TIMELINESS OF COMMUNICATIONS

Objectives:

Staff / Department

Timeframe

Council Liaison

Resources Required

Tactics

Redevelop website layout and content to improve ease of navigation and enhance search functions

Clerk

Short Term

(Within 6 mo)

Councillor Kruckel

Councillor Ledger

Input from each

department (working

group)


upgrade costs approved in 2015 budget

Review input on website compiled through strategic planning process

Survey website requirements by Department and update website accordingly

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TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: July 21, 2015 SUBJECT: Andy’s Ride 2015 RECOMMENDATION : Committee of the Whole recommend to Township Council that the

following be approved for the 5th Annual Andy’s Ride being held on Sunday, August 16th, 2015 from 7:00 am to 4:00 pm:

1. Port Carling Memorial Community Centre rental fees for the 2015 Andy’s Ride to be

waived 2. Closure and use of the municipal parking lot for the Ride’s staging area 3. And further that all other provisions for the event outlined in this report be approved

APPROVALS: Date Signature Submitted by: Melanie Hakl, Community Centre Assistant July 8, 2015 original signed by M. Hakl__ Approved By: Clayton Harris, Interim CAO July 8, 2015 original signed by C. Harris_

SUMMARY: Andy Potts Memorial Foundation holds an annual cycle across Muskoka as part

of their fundraising for Hospice Muskoka’s Andy House. The attached request was received by the Township in regard to Andy’s Ride. Township Council Policy C-PR-10 requires a Council resolution to consider waiving rental fees at the Port Carling Memorial Community Centre. The Andy Potts Memorial Foundation use of the Community Centre for Andy’s Ride is classified as a Special Community Service Event.

ORIGIN: The Andy Potts Memorial Foundation submitted their request for the waiving of

the rental fees and use of local Municipal Roads for Andy’s Ride on Sunday, August 16, 2015. There are no temporary road closure requests for our Municipal Roads for this event. Attached are course maps. The event has been held on a private property; however, change to the venue is required for 2015.

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BACKGROUND: This year marks the 5th Annual “Andy’s Ride” which is a fundraiser for Hospice Muskoka’s Andy’s House which is part of the Brock and Willa Wellness Centre. All the funds raised are donated to Hospice Muskoka and will be held in trust to build Andy’s House. They are asking for use of the entire upper level and outside patio of the Community Centre for a post ride BBQ and are expecting 150 riders/guests. They have the event capped at 200 participants, 268 is the capacity of this centre when using the upper hall/kitchen area. The Community Center would be used from 7 am to 4 pm.

Since the Community Centre will be the start/end point for Andy’s Ride, staff

recommend the use of the Municipal Building Parking Lot. Public Works staff will block the lot for the event.

The ride is in memory of fallen officer Andy Potts who died in an on duty accident

while serving Muskoka. This foundation has raised funds over $425,000.00 to date which has been dispersed in Andy’s memory to many local community charities and causes. The Townships generosity will also be noted in their post ride thank you advertisement.

FINANCIAL: The following fees are requested by be waived:

1. $15.00 Administration Fee 2. $250.00 Rental Fee

A $100.00 refundable damage deposit and required $2 million proof of liability insurance naming Township of Muskoka Lakes as additionally insured from this group prior to their event.


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Andy Pott’s Memorial Foundation Committee C/O Matt Hanes 9 Todholm Drive, RR#3 Port Carling, ON P0B 1J0 9 July, 2015 Mayor Don Furniss and Council, The Andy Potts Memorial Foundation is asking that the Township consider waiving its fee for the Port Carling Community Centre on 16 August 2015. This is the date of the 5th Annual "Andy's Ride" which is a fundraiser for Hospice Muskoka's Andy's House which is part of the Brock and Willa Wellness Centre. All the funds raised are donated to Hospice Muskoka and held in trust to build Andy's House. We are asking for use of the entire second floor and outside patio for a post ride BBQ. We are expecting 150 riders/guests and have the event capped at 200. The community center would be used from 7 am to 4 pm and we would like to use the Township parking lot. The community center will also be the start/end point for Andy's Ride and as such we will have a road permit from the District including insurance covering the 2 million dollar liability and naming the township as covered for the event. The event also has an OPP escort for all three ride distances. Would it be possible if I am required to speak to have my delegation for 10 a.m. or a time of your choosing as I am working from 7 a.m. to 7 p.m. This ride is in memory of fallen officer Andy Potts who died in an on duty accident while serving the community of Muskoka. This foundation has raised over $425,000 which has been dispersed in Andy's memory to many local community charities/causes. www.andypottsmemorialfoundation.com has further details. The Townships generosity will also be noted in our post ride thank you ad. Matt Hanes on behalf of The Andy's Ride Committee.


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COMMITTEE OF THE WHOLE MEETING REPORT

TO: Mayor Furniss and Members of Committee of the Whole MEETING DATE: Tuesday, July 21, 2015 SUBJECT: ACTIVE STRONGER COMMUNITY PROJECT OUTCOMES RECOMMENDATION: For Information Purposes APPROVALS: Date Signature

Submitted By: Corey Moore July 9/15 Original Signed

Approved By: Molly Ross July 13/15 Original Signed

Acknowledged: Clayton Harris, July 13/15 Original Signed

ORIGIN: The Township of Muskoka Lakes has received funding through the Ontario Sport and Recreation Community Fund to execute a sport and recreation project entitled Active Stronger Community. The project began in August 2014 and will conclude in July 2015. The project was successful in meeting all of its objectives. This report summarized the new tools and resources to support community groups to develop new programs based on local needs (including youth and seniors), build volunteer and leadership capacity in the community, and promote the benefits of healthy active living through sport and recreation to residents of Muskoka Lakes. BACKGROUND: Project Outcomes Website - A temporary website was created to provide all project information, including a program directory. The website has received many positive reviews from community members. The website was administered by the Active Stronger Community Project Coordinator. From the time period of June 15, 2015 to June 30, 2015 the website has seen an average of 35 page views per day.

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www.muskokalakesrecreation.com. The hope is that this information will be transferred to the Township website during the re-design currently underway Fair – Two Sport, Recreation and Leisure Fairs were held in April at the Port Carling and Bala Arenas. The Bala Fair saw 12 booths of local sport, recreation and leisure groups. The Port Carling Fair saw 15 booths of local sport, recreation and leisure groups. In total, around 75 visitors attended the Fairs, which saw them, have the opportunity to grab a hotdog and drink, communicate with local program organizers, and participate in demos such as pickleball and floor curling. Workshops – Throughout the past year, workshops were provided to community members in an attempt to help provide local sport programs with helpful resources of information. Workshops involved, grant writing, fundraising and local funding opportunities. The Active Stronger Community Project recently participated in the local Muskoka Lakes Soccer Club Fun Day. Drinks and snacks were made available for participants and parents, as well as information handouts on concussions and physical literacy. Toolkit – A toolkit has been created to help provide information to anyone looking to start or sustain a sport, recreation or leisure program. The information in the toolkit is to help answer any questions regarding sport, recreation and leisure programs. The toolkit has been reviewed by some of our community members who participated in the Fairs and who worked as part of the projects active working group. Updates and changes were made upon review. The hope is that this information will be made available on the Township website along with the website content during the re-design currently underway. Evaluation – The Active Stronger Community Project held a Fair evaluation through email with the participating sport, recreation and leisure programs. The Fairs received very positive reviews. People enjoyed the idea of the fairs and future potential. The low turnout from the community was viewed as the only downfall of the events. The Active Stronger Community also held a year end wrap up meeting with some of the volunteers that participated as part of the working group for the year. The wrap up meeting provided great information regarding the project. The website is considered very valuable and important for the area. The volunteers feel they are too busy and under qualified to continue to run the working group on their own moving forward. The working group suggests and hopes the project or aspects of it are continued on at the municipal level.

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