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A Regular Meeting of Committee of the Whole will be held on Tuesday, October 22, 2013, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. AGENDA - COMMITTEE OF THE WHOLE MEETING Tuesday, October 22, 2013 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 minutes held on September 17, 2013. 5. Public Works a. Delegations and Petitions b. Roads and Infrastructure Chair Brent and Vice Chair Nishikawa 1. Report from the Director of Public Works Re: Monthly Activity Report 6. Corporate Services a. Delegations and Petitions 1. Marilyn Campbell Davis, Campaign Director, South Muskoka Hospital Foundation, to attend at 9:30 am, Re: Capital Campaign Priorities. b. Finance Chair Furniss and Vice Chair Burgess 5-16 17-18 Page 1 of 137

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A Regular Meeting of Committee of the Whole will be held on Tuesday, October  22, 2013, at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario.

AGENDA - COMMITTEE OF THE WHOLE MEETING

           Tuesday, October 22, 2013

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 minutes held on September 17, 2013.

5. Public Works

a. Delegations and Petitions

b. Roads and InfrastructureChair Brent and Vice Chair Nishikawa

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

6. Corporate Services

a. Delegations and Petitions

1. Marilyn Campbell Davis, Campaign Director, South Muskoka Hospital Foundation, to attend at 9:30 am, Re:  Capital Campaign Priorities.

b. FinanceChair Furniss and Vice Chair Burgess

5-16

17-18

Page 1 of 137

Page

b. FinanceChair Furniss and Vice Chair Burgess

1. Report from the Treasurer Re: Monthly Activity Report

2. Report from the Treasurer Re: LAS Electricity Procurement Program

c. AdministrationChair Kruckel and Vice Chair McTaggart

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

2. Report from the CAO Re: Monthly Activity Report

3. Report from the Clerk Re: Monthly Activity Report

4. Report from the Clerk Re: Township Public Notification Policy - Heritage Matters (This item was recommended at the September 17, 2013 Council meeting)

5. Report from the Clerk Re: Application to purchase a portion of Original Shore Road Allowance lying in front of Concession 13, Lot 28 (Watt) Lake Rosseau DAWES 2-26-074

6. Report from the Clerk Re: Application to purchase a portion of Original Shore Road Allowance lying in front of Concession 3, Lot 31 (Watt) Lake Rosseau BARCHAM 2-5-083

7. Report from the Clerk Re: Declaration of Surplus Lands for an Original Shore Road Allowance on Three Mile Lake WEDDERSPOON, 2-16-030

8. Report from the Clerk Re: 2014 Meeting Schedule

9. Report from the Clerk Re: Correspondence From Sylvia Jones, MPP – Aggregate Recycling Promotion Act

10. Discussion and a Consideration of a Resolution Re: Council Code of Conduct

7. Community

a. Delegations and Petitions

1. Patricia Gidley, Board Chairperson and Sheila Durand, CEO/Chief Librarian, Muskoka Lakes Public Library Board, to attend at 9:00 am, Re: Update on summer activities.

2. Dominik Machek to attend at 11:00 am, Re: Train Transportation through Communities/Trail Whistle Use. 

3. Chris Carrier, Fire Marque to attend at 11:15 am,  Re: Fire Marque Service

b. Community and VolunteerismChair Baranik and Vice Chair Kruckel

19-2021-45

46-4950-7677-7879-85

86-88

89-91

92-93

94-9798-104

Page 2 of 137

Page

b. Community and VolunteerismChair Baranik and Vice Chair Kruckel

1. Minutes from the Walker's Point Community Centre Hall Board dated September 19, 2013.

2. Community Events Update

3. Report from the CEDC Re: Port Carling Lions Club Lease Agreement - Port Carling Memorial Community Centre.

4. Report from the CEDC Re: Lease Agreement with the Muskoka Lakes Museum - Duke House.

c. Emergency ManagementChair McTaggart and Vice Chair Edwards

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

2. Minutes of the Health and Safety Committee meeting held on June 20, 2013

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

1. Minutes of the Muskoka Lakes Public Library Board meeting held on June 13, 2013

2. Discussion Re: Library Renovations - Nursing Station

3. Discussion Re: Community Improvement Plan

8. Visioning and Economic Development

a. Delegations and Petitions

1. Annette Allen, GOC Chair and Greg Pilling, General Manager, 2014 Ontario Winter Games to attend at 11:45 am, Re: 2014 Ontario Winter Games - Event Update.

b. VisioningChair Murphy and Vice Chair Harding

1. Discussion Re: Strategic Plan / Risk Management / Public Safety

2. Discussion Re: Council / Committee Appointments

c. Economic Development and CommunicationsChair Harding and Vice Chair Baranik

105-108

109-114

115-120

121-124125-129

130-132

Page 3 of 137

Page

c. Economic Development and CommunicationsChair Harding and Vice Chair Baranik

1. Report from the MEDC Re: Funding Application - FedNor Youth Internship 2014-2015.

9. New and Unfinished Business

10. Committee in Closed Session

11. Adjournment

a. Consideration of a resolution to adjourn.

133-137

Page 4 of 137

COMMITTEE OF THE WHOLE MINUTES - September 17, 2013 -

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES

MINUTES - COMMITTEE OF THE WHOLE MEETING

Tuesday, September 17, 2013 A Regular Meeting of Committee of the Whole was held on Tuesday, September 17, 2013, at 9:00 a.m. in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: OFFICIALS PRESENT: Mayor Alice Murphy C. Wray - CAO C. Mortimer - Clerk S. Rettie - Treasurer COUNCILLORS: S. Walker - Corporate Assistant Jean-Ann Baranik R. Hayes - Fire Chief Donelda Kruckel J. Krynicki - Director of Public Works Allen Edwards L. McMurray - Community Economic Development Coordinator Donald Furniss Gault McTaggart Phil Harding Ron Brent left at 3:04 p.m. Brad Burgess REGRETS: Ruth Nishikawa 1. Call to Order

a. Mayor Murphy 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-1-17/09/13 Councillor Kruckel - Councillor Furniss: Be it resolved that the Committee of the Whole agenda dated September 17, 2013 be adopted as amended to add - Item 9.a. Consideration of a resolution Re: Muskoka Community Network. - Item 9.b. District Municipality of Muskoka Updates. - Item 9.c. Discussion Re: Heritage Signage.

Carried

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Consideration of a resolution to adopt the Committee of

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COMMITTEE OF THE WHOLE MINUTES - September 17, 2013 -

3. Disclosure of Interest

a. Councillor Burgess had disclosed a pecuniary interest at the September 16, 2013 Planning Committee of the Whole in Closed Session Meeting.

4. Adoption of Minutes

a. Consideration of a resolution to adopt the Committee of the Whole Meeting minutes held on August 16, 2013.

Resolution Number COW-2-17/09/13 Councillor Furniss - Councillor Kruckel: Be it resolved that the Committee of the Whole Meeting minutes held on August 16, 2013 be adopted.

Carried 5. Public Works a. Delegations and Petitions

1. None. b. Roads and Infrastructure

Chair Brent and Vice Chair Nishikawa

1. Report from the Director of Public Works Re: Monthly Activity Report. A copy of the report is attached. The Director of Public Works reviewed his report and answered questions for Committee. He advised that a report regarding the 2013 Fogo Street Road Maintenance Agreement will be presented at a future Committee meeting. In response to Committee, the Director reported on the status of the goose issues at municipal parks and beaches during the summer season and the available mitigation measures. The Director also provided an update on the parking restriction measures in Bala and Port Carling during the 2013 summer season.

2. Discussion Re: Township of Seguin - Billboard Signage. A copy of the

correspondence is attached. Mayor Murphy read aloud correspondence from the Ministry of Transportation to the Township of Seguin advising of the temporary moratorium placed on the installation of billboards on provincial highways in Seguin Township. Councillor Harding advised he would present this matter at the September 18, 2013 District Municipality of Muskoka Engineering and Public Works Committee.

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Consideration of a resolution to adopt the Committee of

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Committee agreed that correspondence be forwarded to the Ministry of Transportation requesting a similar moratorium in the Township of Muskoka Lakes.

6. Corporate Services a. Delegations and Petitions

1. OPP Inspector Ed Medved attended at 9:25 a.m. Re: Police Services (Invited to attend at the July 16, 2013 Committee of the Whole Meeting). Inspector Medved provided a detailed overview of OPP services, current focus on services, business planning, staff reporting and structure, strategic objectives, statistics, and service delivery trends. He also provided a statistical overview for the Township of Muskoka Lakes, for the years 2010 to September 2013, a copy of which is attached. The Inspector answered questions from Committee. A general discussion was held regarding costs and funding mechanisms associated with OPP service delivery within the Township and the District.

b. Finance Chair Furniss and Vice Chair Burgess

1. Report from the Treasurer Re: Monthly Activity Report. A copy of the report is

attached. The Treasurer highlighted the report, and answered questions for Committee regarding development charges and energy auditing. He advised a report was forthcoming regarding the appointment of a municipal auditor for the Township of Muskoka Lakes.

2. Report from the Treasurer Re: Port Carling Nursing Station / Brock and Willa

Wellness Centre Financial Update. A copy of the report is attached. The Treasurer highlighted the report and answered questions for Committee. A general discussion was held pertaining to the Port Carling Nursing Station / Brock and Willa Wellness Centre with respect to the Township’s Strategic Plan and Budget. Committee requested the CAO and Councillor Edwards to collaborate on a report regarding the Port Carling Nursing Station / Brock and Willa Wellness Centre, providing a project update on financing and governance.

3. Report from the Treasurer Re: Appointment of Consultant for 2014 Development

Charges Study. A copy of the report is attached. The Treasurer reviewed his report for Committee.

Page 3 of 12

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Consideration of a resolution to adopt the Committee of

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Resolution Number COW-3-17/09/13 Councillor Kruckel - Councillor Baranik: Be it resolved that Committee of the Whole recommend to Township Council to appoint Hemson Consulting Ltd. as the consultant for the 2014 Development Charges Background Study.

Carried c. Administration

Chair Kruckel and Vice Chair McTaggart

1. Report from the Clerk Re: Application to purchase a portion of Original Shore Road Allowance lying in Concession 1, Lot 12 (Cardwell) Skeleton Lake, PEDLAR/WILSON, 1-2-035. A copy of the report is attached.

The Clerk introduced the application.

Resolution Number COW-5-17/09/13 Councillor Burgess - Councillor Furniss: 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 Mary Ann Pedlar, Margaret Joan Wilson and David Thomas Wilson (1-2-035) lying in front of Concession 1, Lot 12 (Cardwell) Skeleton Lake pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances.

Carried

2. Report from the Clerk Re: Application to purchase a portion of Original Shore Road Allowance lying in Concession 13, Lot 30 (Monck) Lake Muskoka, CASSIDY, 9-14-010. A copy of the report is attached.

The Clerk introduced the application.

Resolution Number COW-6-17/09/13 Councillor Edwards - Councillor Burgess: 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 Christena Alice Cassidy (9-14-010) lying in front of Concession 13, Lot 30 (Monck) Lake Muskoka pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances.

Carried

3. Report from the Clerk Re: Declaration of Surplus Lands for Original Shore Road

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Consideration of a resolution to adopt the Committee of

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Allowance on Camel Lake (Evans - 2-1-035) and on Lake Rosseau (Horrocks - 2-8-006)

The Clerk highlighted the report for Committee.

Resolution Number COW-7-17/09/13

Councillor Edwards - Councillor Burgess: Be it resolved that the Committee of the Whole recommend to Township Council to declare the following lands surplus:

A portion of Original Shore Road Allowance lying in front of Lot 8, Concession 3, Camel Lake (Watt) designated as Part 2 on Registered Plan 35R-24174, EVANS - 2-1-035.

A portion of Original Shore Road Allowance lying in front of Concession 2, Lot 35, Lake Rosseau (Watt) designated as Part 1 on Registered Plan 35R-24257, HORROCKS - 2-8-006.

And further that the Clerk is hereby instructed to dispose of the said properties pursuant to Sections 8, 9 and 11 of the Municipal Act, 2001.

Carried

4. Report from the Clerk Re: Monthly Activity Report. A copy of the report is attached.

The Clerk introduced the departmental monthly report and answered questions for Committee. She advised the 2014 Meeting Schedule would be presented, once the 2014 District Municipality of Muskoka meeting schedule has been set. Committee members did not object to continuing with the current monthly meeting schedule. The Clerk reviewed the 2012 Local Government Week activities and participation and recommended the same opportunities for 2013. Committee directed the Clerk to proceed in this regard.

5. Report from the CAO Re: Monthly Activity Report. A copy of the report is attached. The CAO reviewed the monthly activity report and answered questions for Committee regarding the Port Carling Wall, funding programs and invasive species.

6. Report from the CAO Re: 59 Joseph Street, Port Carling, Roll # 5-8-104. A copy of the report is attached.

The CAO highlighted the report and outlined the options for Committee.

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Consideration of a resolution to adopt the Committee of

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It was the consensus of Committee to maintain the building located at 59 Joseph Street, to proceed with upgrades, correct any deficiencies, and provide for a lease at a rental rate of $1,000 per month, plus utilities. Committee also requested that the facility be evaluated for potential use as a temporary nursing station in Port Carling.

Resolution Number COW-8-17/09/13

Councillor Burgess - Councillor Edwards: Be it resolved that Committee of the Whole recommend to Township Council that staff be directed to upgrade and correct any deficiencies at 59 Joseph St, Port Carling in order to make it ready for rental, and Further, that staff also be directed to prepare a lease and offer 59 Joseph St, Port Carling for rental at an initial rate of $1,000 per month.

Carried

7. Verbal report from Councillors Baranik, Furniss and Kruckel Re: Attendance at the 2013 A.M.O. Conference. Councillors Baranik, Furniss, and Kruckel provided a report to Committee regarding the various delegations and sessions attended while at the 2013 Association of Municipalities of Ontario Conference held in Ottawa.

7. Community a. Delegations and Petitions

1. Dave Hewitt and Ted Daglish, Port Carling Lions Club attended at 11:01 a.m. Re: Port Carling Memorial Community Centre Lease of Space. Refer to item 7.b.2., Report. Mr. Dave Hewitt attended the meeting, but did not address Committee. Mr. Daglish reviewed the background of the Port Carling Lions Club, and the previous lease agreement with the Township for the bar area at the Port Carling Memorial Community Centre. He advised that the proceeds from the bar are returned to the community. Mr. Daglish requested that the lease agreement be renewed for a period of five years to coincide with the Alcohol and Gaming Commission of Ontario liquor license.

b. Community and Volunteerism Chair Baranik and Vice Chair Kruckel

1. Community Events Update.

Committee members reported on recently attended and upcoming community

Page 6 of 12

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Consideration of a resolution to adopt the Committee of

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2. Report from the CEDC Re: Draft lease for the Port Carling Memorial Community

Centre bar area rental. A copy of the report is attached. (Direction from the August 16, 2013 Committee of the Whole meeting). Refer to item 7.a.1. Delegations and Petitions.

The CEDC reviewed the report and recommended entering into a one year lease agreement to have continuity, and to allow more time to research alternative options.

Committee agreed to a 5 year non-exclusive lease for the bar area at Port Carling Memorial Community Centre with the lease agreement rate set at $1.00 per year. The CAO suggested that future consideration could be given regarding a long term lease agreement policy for requests of this nature.

Resolution Number COW-4-17/09/13 Councillor Burgess - Councillor Edwards: Be it resolved that Committee of the Whole recommend to Township Council that the Township consider a 5-year non-exclusive lease agreement with the Port Carling Lions Club, for the bar area at the Port Carling Memorial Community Centre, to be presented at the October 18, 2013 Council meeting at $1.00 per year.

Carried

3. Minutes from the Walker’s Point Community Centre Hall Board Meeting dated August

22, 2013. A copy of the minutes is attached for information purposes.

Committee had not questions. c. Emergency Management

Chair McTaggart and Vice Chair Edwards

1. Report form the Fire Chief Re: Monthly Activity Report. A copy of the report is attached. The Fire Chief highlighted the monthly activities of the Department and answered questions for Committee including fire response trends and by-law enforcement.

2. Report from the Fire Chief Re: Fire Marque Introduction. A copy of the report is

attached. The Fire Chief introduced the report and answered questions for Committee regarding the Fire Marque program.

Resolution Number COW-9-17/09/13

events held in the Township of Muskoka Lakes.

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Councillor Furniss - Councillor Kruckel: Be it resolved that the Committee of the Whole recommend to Township Council that the Fire Chief be directed to invite a representative from Fire Marque to the October 22, 2013 Committee of the Whole meeting to provide details of the service that they provide.

Carried

3. Report from the Fire Chief Re: John and Jocelyn Barford Family Foundation at the Toronto Community Foundation Donation. A copy of the report is attached. The Fire Chief advised that an additional contribution to the Muskoka Lakes Fire Department – Milford Bay Station 9, had also recently been received from the Collombin Family Fund through the Toronto Community Foundation.

Resolution Number COW-10-17/09/13 Councillor Brent - Councillor Harding: Be it resolved that the Committee of Whole recommend to Township Council that the John and Jocelyn Barford Family Foundation at the Toronto Community Foundation be recognized for their gracious contribution of $2,500.00, and to the Collombin Family Fund for their contribution of $500.00 to the Muskoka Lakes Fire Department – Milford Bay Station 9.

Carried

4. Report from the Fire Chief Re: Sign By-law information. A copy of the report is attached.

The Fire Chief introduced the report and reviewed the Sign By-law review plan.

Resolution Number COW-11-17/09/13 Councillor Harding - Councillor Brent: Be it resolved that the Committee of the Whole recommend to Township Council that the Fire Chief be directed to have staff canvas a broad array of parties interested in and affected by the Sign Bylaw (#99-100), with a view to providing Township Council with recommended amendments thereto.

Carried

Resolution Number COW-12-17/09/13 Councillor Brent - Councillor Harding: Be it resolved that the Committee of the Whole recommend to Township Council that a working committee be enacted, comprised of members of Council, the By-law Officer, and the Director of Public Works to consolidate the received community input and to provide a framework for legal counsel to amend the current Sign Bylaw (#99-100).

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Consideration of a resolution to adopt the Committee of

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COMMITTEE OF THE WHOLE MINUTES - September 17, 2013 -

Carried d. Parks, Trails and Libraries

Chair Nishikawa and Vice Chair Brent

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

1. None. b. Visioning

Chair Murphy and Vice Chair Harding

1. None. c. Economic Development and Communications

Chair Harding and Vice Chair Baranik

1. Report from the CEDC Re: Trek to Bethlehem. A copy of the copy is attached.

The CEDC advised Committee that this is an annual request. In response to Committee, the CAO noted that a report regarding the Delegation of Authority will be coming forward to an upcoming Committee of the Whole meeting.

Resolution Number COW-13-17/09/13 Councillor McTaggart - Councillor Brent: Be it resolved that Committee of the Whole recommend to Township Council that a by-law be given three-readings at the October 18, 2013 Council meeting to authorize temporary road closures for the 2013 Trek to Bethlehem on Saturday December 7, 2013 subject to proof of a certificate of insurance in the minimum amount of $2 million dollars naming the Township as additional insured. And further that the Township has no objection to the turning off of the requested street lights for the 2013 event.

Carried

2. Report from the CEDC Re: Port Carling Santa Claus Parade. A copy of the report is attached.

The CEDC reviewed the request for Committee.

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Consideration of a resolution to adopt the Committee of

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Resolution Number COW-14-17/09/13 Councillor Brent - Councillor McTaggart: Be it resolved that Committee of the Whole recommend to Township Council that at the October 18, 2013 regular meeting of Council three readings be given to a by-law to authorize the temporary closure of a portion of Bailey Street (Port Carling) from 6:00 p.m. to 7:00 p.m. on Saturday, November 23, 2013 for the Port Carling Santa Claus Parade.

Carried

Resolution Number COW-15-17/09/13 Councillor McTaggart - Councillor Brent: Be it resolved that Committee of the Whole recommend to Township Council that there are no objections to the temporary closure of portions of Maple Street and Joseph Street by the District Municipality of Muskoka for the 2013 Port Carling Santa Claus Parade.

Carried

3. Report from the Community Economic Development Coordinator Re: Municipal Sport and Recreation Capacity Development Project. A copy of the report is attached. (This item was referred from the August 16, 2013 Committee of the Whole meeting.) The CEDC highlighted the report for Committee’s information.

9. New and Unfinished Business

a. Consideration of a resolution Re: Muskoka Community Network. This item was referred from the September 13, 2013, Council meeting.

Resolution Number COW-16-17/09/13 Councillor McTaggart - Councillor Brent: Whereas CRTC has indicated that all Canadians should have access to the Internet at a speed of not less than 5Mbps by the end of 2015, and; Whereas areas in Northern Ontario including the Township of Muskoka Lakes have been identified as having internet speeds of less than 5Mbps and noted as areas for service improvement, and; Whereas, Muskoka Community Network is working on behalf of stakeholders in this area to improve service levels; NOW THEREFORE BE IT RESOLVED that the Committee of the Whole recommend that the Township of Muskoka Lakes endorse Muskoka Community Network’s efforts to improve internet service speeds to 5Mbps within the

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Consideration of a resolution to adopt the Committee of

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COMMITTEE OF THE WHOLE MINUTES - September 17, 2013 -

Township.

Carried

b. District Municipality of Muskoka Updates. This item was referred from the September 13, 2013, Council meeting.

Councillor Harding – District Engineering and Public Works Committee – provided an update regarding paving projects, Active Transportation initiatives, and the Public Communal Water and Sewage Services in Minett. Councillor Edwards – District Planning and Economic Development Committee - provided an update regarding the Air Photo Participant Agreement and the Muskoka Airport garage roof replacement.

Mayor Murphy – District Corporate and Emergency Services Committee – provided an update regarding – the Muskoka Lawn Bowling Club application, new Provincial Offenses building, IT for Councillors, Records and Information Management Review consulting contract and Muskoka District Council Procedure By-law review. Mayor Murphy – Solid Waste Financial Review Committee – next meeting is scheduled for October 21, 2013.

1. c. Discussion Re: Heritage Signage. This item was referred from the September 16,

2013 Planning Committee of the Whole meeting.

The Director of Public Works sought direction from Committee regarding the placement of heritage signage to be located in Brackenrig, Beatrice, Bent River, and Minett. It was the consensus of Committee for Councillors Nishikawa and Furniss to collaborate with the Director of Public Works to determine the placement of the heritage signage.

10. Committee in Closed Session

a. Committee of the Whole in Closed Session was held for personal matters about an identifiable individual, including municipal or local board employees, pursuant to Section 239(2) of the Municipal Act, 2001.

Resolution Number COW-17/09/13 Councillor Baranik - Councillor Harding: Be it resolved that Committee of the Whole in Closed Session convene at 2:15 p.m. for personal matters about an identifiable individual, including municipal or local board employees, pursuant to Section 239(2) of the Municipal Act, 2001.

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Consideration of a resolution to adopt the Committee of

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Carried

Councillor Brent left the Committee meeting at 3:04 p.m.

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

a. Consideration of a resolution to adjourn.

Resolution Number COW-19-17/09/13 Councillor Baranik - Councillor Harding: Be it resolved that this meeting adjourn at 3:08 p.m. and the next regular meeting of the Committee of the Whole will be held on Tuesday, October 22, 2013 at 9:00 a.m. or at the call of the Chair in the Council Chambers, Municipal Office, Port Carling.

Carried

Mayor Alice Murphy, Chair Cheryl Mortimer, Clerk

Resolution Number COW-18-17/09/13 Councillor Baranik - Councillor Harding: Be it resolved that Committee of the Whole reconvene at 3:06 p.m. to report on matters arising from Closed Session.

Carried

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Consideration of a resolution to adopt the Committee of

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013

SUBJECT: PUBLIC WORKS MONTHLY ACTIVITY REPORT

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

purposes.

APPROVALS: Date Signature Submitted By: Jason Krynicki

Director of Public Works 15/10/13 Original signed by J Krynicki

Acknowledged By: Chris Wray, CAO 15/10/13 Original signed by C Wray

ORIGIN: This monthly report provides an overview of departmental activity that may be of interest

to members of Committee and their constituents.

ACTIVITY SUMMARY: Transportation Infrastructure Our Gravel Road Resurfacings will have been completed. The high frequency of violent storms continues to increase the resources being applied

to debris clearing and washout repairs throughout the 780 square kilometers which we service.

We are currently undertaking fall brushing and ditching programs. Most of these works

will occur after Thanksgiving in order to minimize the impact on travellers. Snow management equipment is being readied for the winter season. Parks, Trails & Cemeteries Maintenance Winterizing of our parks is nearly complete. Mobilizing and de-mobilizing resources for the Bala Cranberry Festival will consume a

great deal of time this month.

Report from the Director of Public Works Re: Monthly

Page 17 of 137

Parks staff will be planting vegetation upon the Muskoka Road #169 causeway in Bala this month. Planting materials are being generously provided by the Moon River Property Owners Association.

Design is underway for new docks/wharves at Weismiller Street, Acton Island Road and

Whiteside Road. Any changes in the configuration, or service level of the docks will be brought forward to Committee.

A Request for Proposal for a Parks, Trails and Open Spaces Development Manual will

be issued in the near future. This RFP will determine the budget amount to be requested for 2014 in order to develop this Master Plan.

Marking of our trail systems is occurring this fall. Property We continue to work closely with the Bylaw Department, the Planning Department and

the Office of the CAO on several property rights (Township property), encroachment, and public nuisance issues.

Capital Projects The Port Carling Wall is complete. Final deficiencies have been completed at the Fish

Hatchery Culvert project and the Patterson Sand Dome. Asset Management We are working closely with the Treasury Department in continually developing our

Asset Management Plan; also developing a 10-year Capital Reconstruction Plan and 10-year Fleet Replacement Schedule.

Report from the Director of Public Works Re: Monthly

Page 18 of 137

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: MONTHLY ACTIVITY REPORT - TREASURY RECOMMENDATION: None. Information purposes only.

APPROVALS: Date Signature

Submitted By: Stephen Rettie, Treasurer 17-Oct-13 Original signed by S. Rettie

Acknowledged: Chris Wray, CAO 17-Oct-13 Original signed by C. Wray

BACKGROUND: This report is being provided as an informational update on a monthly basis.

DETAILS: 2014 Budget

Senior management has put its final touches on the initial draft of the 2014 Budget and Capital Investment Program. Starting the development process earlier in the year has caused a number of challenges, but staff has been able to overcome most of them with different estimation techniques and good communication with Township stakeholders. The Finance Review Committee is set to meet on October 25, 2013 to conduct its review and offer suggestions for Council consideration.

Municipal Auditor

Muskoka Lakes participated in a joint RFP with the District of Muskoka and the Towns of Bracebridge and Gravenhurst to attract proposals from interested municipal auditors. Six proposals were received and evaluated against common criteria. The best proposal was provided by BDO Canada LLP at a projected savings of $12,000 annually for the next five years. A by-law to appoint BDO Canada LLP as the Township’s municipal auditor has been drafted and presented to Council for consideration.

COMMITTEE OF THE WHOLE AGENDA REPORT

Report from the Treasurer Re: Monthly Activity Report

Page 19 of 137

Area Treasurers’ Meeting

On September 23rd, I attend a Treasurers’ meeting that saw representation from all Treasurers within the District of Muskoka, as well as two representatives from the Ministry of Municipal Affairs and Housing and a representative from the Municipal Property Assessment Corporation (MPAC).

Major topics included: Provincial funding – Ontario Municipal Partnership Fund (OMPF) Provincial funding – Municipal Infrastructure Investment Initiative (MIII) Supplemental tax runs Assessment Review Board (ARB) hearings and requests for

reconsideration status updates District capital projects and related impact on the area municipalities Insurance liability and related contractor compliance Development charges studies Asset management plans

MFOA Conference

On September 26th and 27th, I attended the Municipal Finance Officers’ Association (MFOA) Conference which was held at Deerhurst Resort in Huntsville. The conference was very well attended with representation from the province, municipalities large and small, other associations, and many product and service suppliers. Though the theme of the conference was mostly centered on asset management, I also attended learning sessions related to municipal internal control best practices and Public Sector Accounting Board (PSAB) updates.

Energy Analysis

Local Authority Services (LAS), a subsidiary of the Association of Municipalities Ontario (AMO), has reviewed the Township’s electricity demand for consideration in the LAS bulk electricity purchasing program. It is the opinion of LAS that the Township will save an estimated $19,500 annually by participating in the electricity purchasing program, hedged at 65% of demand. Participation in the program also provides reporting tools to assist in compliance with energy reporting requirements as prescribed by provincial regulation O. Reg. 397/11. A full report is included in this Committee of the Whole agenda package.

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TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: LAS ELECTRICITY PROGRAM RECOMMENDATION: That Committee of the Whole recommend to Township Council to

authorize the Mayor and Clerk to execute an Agency Appointment Agreement with Local Authority Services.

And further that the Treasurer be authorized to execute program- related decisions on behalf of the municipality.

APPROVALS: Date Signature

Submitted By: Stephen Rettie, Treasurer 17-Oct-13 Original signed by S. Rettie

Acknowledged: Chris Wray, CAO 17-Oct-13 Original signed by C. Wray

SUMMARY: Participation in the LAS Electricity Procurement Program provides flexibility, and

an element of price stability, for electricity costs. Economies of scale matched with the ability to selectively enrol accounts that will benefit from different billing methods will result in savings for the Township.

ORIGIN: Office of the Treasurer. BACKGROUND: Ontario municipalities can choose to be served in one of three ways for the

supply of electricity:

1. The Regulated Price Plan (RPP) or Time-of-Use (TOU) rates; the rates we currently pay for all accounts with annual consumption of less than 250,000kWh.

2. Market pricing for larger volume municipal accounts since November 2009: the weighted spot market price will apply to conventional meters; and Hourly Ontario Electricity Pricing (HOEP) will apply to interval meters.

3. A Retail Contract: where the price for a portion of our usage is set for the future supply of electricity, with some usage still being billed at market rates.

COMMITTEE OF THE WHOLE AGENDA REPORT

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The Township of Muskoka Lakes currently purchases electricity under the Province’s RPP or TOU rates, which are delivered by Hydro One. The RPP is a two-tiered price structure based on consumption. Under this model municipalities pay the same fixed rates during off-peak hours for streetlights and other items despite the much lower actual market cost of electricity during these times. TOU rates were designed to help customers pay the true cost of power. The rates include a high ‘on-peak’ and ‘mid-peak’ rate for electricity and a lower ‘off-peak’ period rate. The cost under TOU rates is higher for most municipalities than under the two-tier RPP rates because of the time of day that energy is generally consumed.

LAS, a wholly owned subsidiary of the Association of Municipalities of Ontario (AMO), developed an electricity procurement program in 2007, to help municipalities ensure budget stability, overall cost savings on electricity purchases, and to remove the potential impact of TOU pricing for municipalities.

DETAILS: The LAS program takes a blended approach to purchasing electricity. They

purchase up to 65% of our electricity requirements from the forward market (fixed for terms of up to 1.5 years) and the remaining 35% is left to the spot market. LAS will acquire blocks of electricity based on the requirements of the program load profile for each program purchasing pool. All LAS program tenders are competitive and involve four pre-qualified suppliers.

The balance of the load requirements will be purchased on the spot market at the Hourly Ontario Energy Price (HOEP). Members can choose their desired hedging level. LAS does not allow for a hedging level of more than 65%, however members are encouraged to adopt a lower hedge level if desired – a 65% hedge ensures that there is no over-buying for any program members and leaving at least 35% of usage to the spot market provides flexibility and avoids claims of speculation.

Street lighting accounts are treated differently in the LAS program, as there is more opportunity for savings on the spot market for these accounts because most consumption is during “off-peak” hours. After enrolment, LAS will move our street lighting accounts directly to the spot market.

By joining together in a pooled purchase, municipalities leverage economies-of-scale when they approach the market as larger tenders attract better pricing from suppliers. Pricing realized by LAS in their calendar year 2013 purchase for 104 municipalities is approx. 3.05 ¢/kWh (fees included). This translates into saving of approximately 0.5 ¢/kWh against current RPP rates and greater savings compared to TOU rates, with the Global Adjustment charge factored in.

Other pricing facts to consider: Current RPP prices are 7.8 ¢/kWh for the first 750 kWh and 9.1

cents/kWh thereafter. Current rates represent a 5.4% increase from November 2012. On-peak (7-11am and 5-7pm) = 12.4 ¢/kWh Mid-peak (11am-5pm) = 10.4 ¢/kWh Example: 30% on-peak, 30% mid-peak, 40% off-peak: rate = 9.5 ¢/kWh

For all larger volume accounts (over 250,000kWh) within the municipality, the rate currently paid for electricity is the HOEP or spot market rate. There is a lack of budgeting ability tied to this rate as it is 100% dependent on the supply and demand of electricity within the province. By hedging a portion of our electricity demand for these accounts through LAS, the municipality can ensure that a

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portion of the energy commodity costs for these high-volume accounts is at a fixed cost, which is most desirable from a budget stability perspective.

The LAS program charges a fixed fee of 0.15¢/kWh for all electricity hedged on behalf of the municipality. LAS uses this fee to cover all program administration costs (including administration, software, contract development, etc.) LAS does not charge a fee for any consumption billed at the spot market rate as the majority of LAS’ work is tied to the hedge contracts.

For further clarity, the fees are as follows: 0.15 ¢/kWh for any electricity under a hedge agreement (max 65% of total

consumption) $6 per month for the billing and settlement of streetlight accounts No fee for the portion of electricity billed at spot market rates for a hedged

account.

The LAS program provides strategic advice related to purchases, effective program oversight, and ongoing accountability. Periodic oversight is provided by the LAS Energy Advisory Committee and LAS Board of Directors, both of which are comprised of municipal representatives. In addition, the LAS Energy Services Division offers a range of conservation and demand management services to members of the LAS procurement programs.

A copy of the Agency Appointment Agreement is attached to this report for reference.

FINANCIAL: Load profile analysis predicts a savings of $19,500 with estimated usage hedged

at 65%. A copy of the Township’s load profile is attached to this report for reference.

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This Electricity Agency Appointment and Retainer Agreement (“Agreement”) is made and entered into as of this __ day of _________, 20__.

BETWEEN:

Local Authority Services Limited (“LAS”)

-AND-

The Corporation of the Township of Muskoka Lakes (“Member”)

Each of the foregoing entities being referred to individually as “Party” or collectively as “Parties”.

WHEREAS the Member wishes to retain LAS on an exclusive basis to provide professional services regarding advice on price hedging options for electricity and to act as its agent in taking certain actions related to such price hedging activity as set forth herein;

AND WHEREAS the Member acknowledges that the price hedging options may include but are not limited to (i) entering into financial agreements and transactions providing a fixed contract price for a notional quantity of electricity without the physical delivery of electricity and/or (ii) entering into agreements pursuant to which the Member is billed the Hourly Ontario Electricity Price (“HOEP”) for all or part of its electricity needs and/or (iii) entering into agreements pursuant to which a retailer arranges for its electricity needs and the Member is billed a fixed price for all or part its electricity needs and HOEP for a portion of its electricity needs (all of which agreements or transactions referred to as “Financial Agreements”);

AND WHEREAS the Member wishes to enter into Financial Agreements to minimize the cost or financial risk associated with the procurement of electricity;

AND WHEREAS the Member has passed the necessary by-laws or resolutions to permit the Member to enter into Financial Agreements and transactions thereunder;

AND WHEREAS the Member has adopted a statement of policies and goals relating to the use of financial agreements to address commodity pricing and costs and has passed the necessary by-laws or resolutions authorizing LAS to act as its agent;

AND WHEREAS the Member has provided LAS with copies of the aforementioned policies, goals, bylaws or resolutions;

NOW THEREFORE THE PARTIES agree as follows:

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1. APPOINTMENT AND AUTHORIZATION OF LAS

1.1 The Member appoints LAS as its exclusive agent in respect of all matters specified in this Agreement including the solicitation and analysis of offers, negotiating and execution of Financial Agreements and the management and administration associated with such Financial Agreements.

1.2 The Member acknowledges and agrees that LAS, as its exclusive agent has full and complete authorization and discretion to take the following actions on behalf of the Member:

(a) access any and all information relating to the Member which is in the possession and control of the distribution utility which relates to the supply and delivery of electricity at any service address of the Member;

(b) negotiate on behalf of the Member Financial Agreements including the specific terms and conditions contained therein, and execute the same together with other related agreements and documents reasonably requested by the counterparty to the Financial Agreements, on the Member’s behalf;

(c) disclose to any third party any information of the Member which is necessary to disclose for the purposes of this Agreement or any Financial Agreement or for the purpose of billing, settlement or accounts and administrative matters or for any other purpose relating to the Financial Agreements;

(d) as agent for the Member enter into transactions under the Financial Agreements in the name of the Member, and to execute on behalf of the Member confirmations evidencing such transactions;

(e) enrol, or appoint another party as the Member’s retailer to enroll, the Member’s electricity account(s) with the Local Distribution Company (“LDC”) to ensure billing of the account(s);

(f) carry out or direct the Member to carry out any ongoing responsibilities of the Member specified in any Financial Agreements or exercise any rights as required to implement said Financial Agreements;

(g) terminate any of the Financial Agreements including any or all of the transactions under the Financial Agreements or any related agreements entered into with the counterparty to the Financial Agreements, on the Member’s behalf;

(h) act as retailer for the Member or in the event that LAS elects not to act as the Member’s retailer to contract with and otherwise appoint on the Member’s behalf any third party licensed to act as retailer in the Province of Ontario as selected by LAS in its sole discretion for the purpose of acting as the Member’s retailer;

(i) terminate any contract with or any appointment of any third party appointed to act as the Member’s retailer;

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(j) contract with and otherwise appoint any third party selected by LAS in its sole discretion for the purposes of carrying out any responsibilities of LAS contained in this Agreement (any such appointee, consultant, service provider or delegate shall be engaged on terms satisfactory to LAS); and

(k) carry out any duties or responsibilities and take any actions on the Member’s behalf not otherwise specified herein that are incidental or related to carrying out its role as agent herein.

2. LAS OBLIGATIONS

2.1 LAS will:

(a) solicit and analyze offers, negotiate and where appropriate enter into Financial Agreements in the name of the Member as agent for the Member;

(b) monitor the regulatory developments concerning electricity and where appropriate provide recommendations to the Members on Financial Agreements;

(c) continuously search for and solicit Financial Agreements on the Member’s behalf;

(d) account to the Member for all amounts paid to or to be paid by the Member under the Financial Agreements or this Agreement;

(e) receive information from LDC(s), settle billing amounts, receive payments due to or from the Member, and pay Financial Agreement counterparties;

(f) notify the Member promptly of any amounts due from the Member in excess of the amounts paid by the Member to the applicable LDC(s) on account of the Financial Agreements; and

(g) take such other action as the LAS deems appropriate in the exercise of its authority and performance of its obligations under this Agreement.

3. MEMBER UNDERTAKINGS

3.1 The Member will:

(a) remain liable as principal for all obligations incurred under or relating to the Member’s Financial Agreements whether arising out of actions taken by LAS or the Member;

(b) provide all necessary accurate data to enable LAS to solicit bids, negotiate and manage new Financial Agreements prudently and as LAS believes to be in the Member’s best interest;

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(c) forward to LAS all notices or other communication received by the Member relating to the Financial Agreements or services provided under this Agreement by LAS;

(d) provide credit and financial information and collateral or performance assurances if required under any Financial Agreement or this Agreement;

(e) keep confidential the terms of this Agreement and any of the advice, details or arrangements provided to it by LAS or any of its third party providers;

(f) inform LAS of any statement of policies and goals relating to the use of Financial Agreements and any amendments thereto;

(g) if requested by LAS, provide prudential support to LAS, in order to permit: (i) LAS to enter into a service agreement with the member’s distributor(s); (ii) LAS to satisfy any prudential support required by the distributor under such service agreement; and

(h) execute any such documentation as may be deemed necessary by LAS to permit LAS to undertake any of the functions specified under this Agreement including the Notice of Appointment of Agent as set forth in Appendix A to this Agreement.

3.2 The Member acknowledges that bids may be solicited by LAS and transactions under the Financial Agreements may be negotiated on behalf of a number of members. The Member further acknowledges and agrees that LAS may determine in its sole discretion whether the Member participates in any particular transaction under its Financial Agreement.

3.3 The Member acknowledges that the fixed price for any transaction under its Financial Agreements could at any time be below, above or equal to the price charged by the Member’s LDC(s) or HOEP. The Member also acknowledges that the Financial Agreements will contain provisions which may result in the Member owing a termination payment following default under the Financial Agreements even though the member is not the defaulting party.

3.4 The Member acknowledges that LAS or a retailer appointed by LAS may charge and the Member agrees to pay a finance charge for each megawatt hour supplied provided that such charge reasonably represents the cost of LAS and/or its retailer (including specified affiliates) providing collateral or performance assurance under hedges or financial agreements with third party suppliers related to the Financial Agreements.

4. LAS FEES

4.1 The Member agrees to pay the fees set forth in Appendix B to this Agreement to LAS. The payment of these fees to LAS shall cover the costs of managing and administering the LAS electricity program on behalf of the Member including the costs of billing and settlement of accounts and the cost of any third party engaged by LAS to assist in

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providing services under this Agreement or under the program. The Member acknowledges that these fees may be included on the Members bill from the distributor or billed directly to the Member by the retailer.

4.2 The Member acknowledges that a retailer appointed by LAS under Section 1.2 (j), may charge the Member a finance charge as set forth in Appendix B to this Agreement, related to such retailer’s obligation to provide credit assurances to a third party with which retailer has entered into a financial agreement for the benefit of the Member.

5. TERM

5.1 The term of this Agreement shall commence on the date of execution and shall remain in effect for an initial period of two (2) years and thereafter shall automatically renew from year to year unless and until terminated by either Party upon one hundred and eighty (180) days prior written notice; provided, however, that this Agreement and any other documents executed and delivered hereunder shall remain in effect until the last transaction entered into under any of the Financial Agreements expires. The obligation to make payment under Section 4 and Appendix B, and the liability and indemnification provisions shall survive the termination of this Agreement.

6. LIABILITY AND INDEMNIFICATION

6.1 While LAS takes proactive measures for the protection of the Member’s interests, LAS cannot provide unconditional protection from the occurrence of unanticipated and uncontrollable events resulting in adverse financial consequences for the Member. LAS does warrant that the services provided by LAS under this Agreement will be performed in a professional manner. The Member agrees that if LAS breaches this warranty in performing services provided under this Agreement, the sole and complete liability of LAS for such breach will be limited to the return of the fees paid by the Member for services under this Agreement.

6.2 LAS liability under or for breach of this Agreement shall not exceed the amount of fees paid by the Member under this Agreement. In no event shall LAS be liable to the Member for incidental, indirect, special, punitive, exemplary or consequential damages howsoever caused, whether for breach of warranty, in tort, for contract or otherwise even if LAS has been advised of the possibility of such damages.

6.3 The Member hereby indemnifies LAS, its affiliates, its respective officers, directors, energy committee members, employees, agents, sub-agents, contractors, and consultants and holds them harmless from and against all losses, costs, liabilities, damages and expenses (including without limitation reasonable legal fees) it may incur as a result of LAS acting as the Member’s agent as provided herein and the Member hereby agrees that it is liable for all obligations which LAS enters into on the Member’s behalf.

7. REPRESENTATIONS AND WARRANTIES

7.1 The Member represents and warrants to LAS on an ongoing basis that:

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(a) all acts necessary to the valid execution, delivery and performance of this Agreement and the Financial Agreements, including without limitation, public notice or other required procedures have or will be taken and performed as required under the Municipal Act, 2001;

(b) the authorizing by-law with respect to the Agreement and the Financial

Agreements have been passed by the council of the Member in full compliance with the Municipal Act, 2001, the same was signed by the head of the council and the clerk and sealed with the municipal seal of the Member and no application has been made or action brought to quash, set aside or declared invalid such authorizing by-law nor has the same been in any way repealed, altered or amended and such authorizing by-law is now in full force and effect;

(c) the aforesaid authorizing by-law and the Financial Agreements contemplated

thereby do not conflict with or result in a breach or violation of any statutory provisions which apply to the Member or any agreement to which the Member is a party or under which the Member or any of its property is or may be bound, or, violate any order, award, judgment, determination, writ, injunction or decree applicable to the Member of any regulatory, administrative or other government or public body or authority, arbitrator or court;

(d) no litigation or proceedings of any nature are now pending or threatened,

attacking or in any way attempting to restrain or enjoin the Agreement or any of the Financial Agreements as authorized under the aforesaid authorizing by-law, or in any manner questioning the proceedings and authority under which any Financial Agreements will be entered into, or the capacity of the officers of the Member authorized thereunder to enter into any Financial Agreements, and no authority or proceedings for the Agreement or any Financial Agreements have been repealed, revoked or rescinded in whole or in part;

(e) entry into and performance of this Agreement and the Financial Agreements by

the Member are for a proper public purpose within the meaning of the Municipal Act, 2001 and the regulations made thereunder;

(f) the Member obligations to make payments hereunder are unsubordinated

obligations and are not subject to any prior claim under any agreement or financial instrument to which the Member is a party;

(g) the Member is not now subject to any restructuring order under Part V of the

Municipal Act, 2001 or other statutory authority; accordingly, no approval of the aforesaid authorizing by-law, the Agreement or the Financial Agreements is required to be given by any transition board or commission appointed in respect of the restructuring of the Member; and

(i) to the extent that the term of any transaction entered into under a Financial

Agreement exceeds the current Member council’s term, before the Member

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exercised any powers in respect of the transaction, the Member’s treasurer calculated an updated debt limit under Ontario Regulation 403/02 and the treasurer determined that the transaction would not cause the Member to exceed its updated limit and that the approval of the Ontario Municipal Board in respect of the transaction was not required.

7.2 Each Party represents and warrants to the other on an ongoing basis that:

(a) it has the capacity and authority to execute this Agreement and perform its obligations and has taken the necessary action to authorize the execution and performance of this Agreement and the person signing this Agreement is authorized and empowered to do so;

(b) it has obtained or submitted any authorization or approval or notice to with any governmental authority or regulatory body that is required for the due execution, delivery and performance of this Agreement;

(c) the execution, delivery and performance of this Agreement does not violate or conflict with any law applicable to it;

(d) this Agreement constitutes a valid and legal binding obligations enforceable against it in accordance with its terms;

8. MISCELLANEOUS

8.1 This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario.

8.2 This Agreement may be executed by the Parties in separate counterparts, and each executed counterpart shall have the same force and effect as the original instrument. The Parties agree to accept facsimile signatures in lieu of original signatures as evidence of the agreement of the other Party, but each Party shall deliver to the other Party an originally executed copy of this Agreement as soon as possible thereafter.

8.3 Each Party will from time to time and promptly upon request, sign and deliver all further documents including any notices of appointment of agent and take all further action as may be reasonably necessary or appropriate to give effect to the terms and intent of this Agreement and to complete the Financial Agreements contemplated by this Agreement.

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IN WITNESS WHEREOF the Parties have executed this Agreement by the duly authorized officers:

Local Authority Services Limited

The Corporation of the Township of Muskoka Lakes

Nancy Plumridge

President

xxx

xxx

Local Authority Services Limited 200 University Avenue, Suite 801, Toronto, ON M5H 3C6

(T) 416-971-9856

(F) 416-971-6191

Township of Muskoka Lakes Mailing Address

(T) xxx

(F) xxx

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Appendix A

NOTICE OF APPOINTMENT OF AGENT

THIS NOTICE OF APPOINTMENT OF AGENT is made as of the _________ day of _____________, 20__.

By: a municipal corporation, having offices in the _____ of ________________ in the Province of Ontario (hereinafter called “Customer”), To: All Interested Parties (each a “Notified Party”).

1. Appointment. Customer confirms that it has entered into a contract relating to the retail sale of electricity (the “Contract”) with LOCAL AUTHORITY SERVICES LIMITED (“LAS”). In order to facilitate the retail sale of electricity described in the Contract, Customer gives notice to the Notified Party that it has appointed LAS as Customer’s sole and exclusive electricity retailer and agent for purposes related to the supply of electricity to each “Service Address” and for matters relating to facilitation of such supply. 2. Enrollment. Customer authorizes and directs LAS to enroll Customer with any Notified Party. Customer approves of the switch from its current electricity supplier to LAS as its retailer. 3. Direction. Customer hereby requests, authorizes and directs Notified Party to release any and all information in such Distribution Co.’s possession and control relating to Customer and the supply and delivery of electricity to each Service Address set forth below including, but not limited to, Customer usage information, site usage history reports, credit and payment history, consumption history, utility account number and account information to LAS. 4. Effective Date. The appointments and directions are effective as of the date first set above. 5. Responsibility. Customer confirms that is has the authority to enter into an agreement for the supply of electricity to each Service Address and to appoint an agent in connection thereof.

The Corporation of the Township of Muskoka Lakes By: Name: Title:

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Appendix B Fees

In accordance with Section 4.1, the Member agrees to pay LAS the following fees:

(a) a fee of 0.1 cents per kilowatt-hour (kWh) for the notional quantity of electricity transacted under the Financial Agreements;

(b) a fee of 0.05 cents per kilowatt-hour (kWh) for the billing and settlement services; (c) a fee of $6 per month per account for all accounts billed on the spot market; and (d) such other fees as may be agreed upon between the retailer and/or LAS as consideration for the

retailer acting as the Member’s retailer. In accordance with Section 4.2, the Member also acknowledges that LAS may hire a third party to act as retailer for Member, and that such retailer may hedge its obligations under the Financial Agreements with the Member by contracting with affiliates or third party suppliers. Further, Member acknowledges that if such retailer enters into hedges with third party suppliers related to the Financial Agreements, and such hedges require the retailer or its affiliates to provide performance assurances to the third party supplier, then the retailer may charge Member a finance fee for each megawatt hour supplied to Member to compensate retailer for the cost of providing such performance assurance, and such finance fee shall be billed under the Financial Agreement with the Member, and included on such invoice thereunder. Such finance fee shall be calculated as follows: Finance Fee/MWh = (A x B) / C. Where, A = a per annum rate equal to (i) the sum of (a) 30 day LIBOR, determined by retailer, plus (b) twenty seven (27) basis points, (ii) divided by 12; B = the Aggregate Exposure (as defined below); and C = the total number of MWh being supplied by retailer to all participants in the LAS Program as of the date of determination. Member acknowledges that “C” may be equal to or greater than the number of MWh in the hedge transaction requiring credit support from retailer. For the purposes of this Section 3.4, “Aggregate Exposure” means the total of all Supplier Exposures. For the purposes of this Section 3.4, “Supplier Exposure” means, for each Supplier, the lesser of (i) the total mark-to-market exposure, if any, that retailer or its affiliates has with a Supplier who has entered into a hedge transaction with retailer, provided that if the amount is negative, then such amount shall be $0, and (ii) the total mark-to-market exposure, if any, that retailer or its affiliates has with a Supplier under all hedge transactions with such Supplier that are associated with an outstanding transaction(s) between a Member and retailer, provided that if the amount is negative, then such amount shall be $0. Accepted and agreed to this ___ day of _____, 20__ by: Local Authority Services Limited

The Corporation of the Township of Muskoka Lakes

Nancy Plumridge

President

xxx

xxx

Local Authority Services Limited 200 University Avenue, Suite 801, Toronto, ON M5H 3C6

(T) 416-971-9856

(F) 416-971-6191

Township of Muskoka Lakes Mailing Address

(T) xxx

(F) xxx

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Individual Load Profile

for

Township of Muskoka Lakes

August 2013

LAS Electricity Procurement Program

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Your Municipality’s Energy Usage

The following figures are based on the interval, non-interval, and street lighting data submitted for profiling by your municipality Your municipality submitted the following accounts for profiling:

Non-Interval Accounts – 48

Interval Accounts - 0

Street Lighting Accounts – 14

Your electricity usage for the profiled accounts (streetlights excluded) is: Annual Consumption: 1,647,438 kWh Average Monthly Consumption: 137,287 kWh Average Hourly Consumption: 188 kWh

Streetlight consumption: Annual Consumption: 294,579 kWh

You will also receive a copy of the usage data file that was used to create your load profile

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Your Annual Aggregated Load Profile

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Another Way of Looking Consumption

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Load Profile with a 65% hedge amount applied (suggested)

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Usage and Hedge Breakdown

USAGE PER MONTHTotal

Consumption (kWh)

Hourly Consumption

(kWh)Hourly Hedge (kWh) @ 65%

Jan-11 240,730 323.56 210Feb-11 188,067 279.86 182Mar-11 175,619 236.05 153Apr-11 119,604 166.12 108

May-11 95,428 128.26 83Jun-11 72,800 101.11 66Jul-11 78,462 105.46 69

Aug-11 89,947 120.90 79Sep-11 118,556 164.66 107Oct-11 138,154 185.69 121Nov-11 154,887 215.12 140Dec-11 175,066 235.30 153

Average 188.51 122.53

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Flexibility re Hedge Levels

LAS allows members to determine their own hedge level but we provide advice as requested

Higher hedge = stable and predictable price Less benefit from low spot market rates

Lower (or no) hedge = Greater potential for volatility in energy cost Potential for greater savings if spot market rate is low

All Township accounts appear to be RPP-eligible to a 65% hedge is recommended to provide budget stability with opportunity for cost-savings.

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Potential LAS Savings LAS Electricity Program Savings - Compared to RPP and Time-of-Use Rates

NOTE: This analysis assumes that all municipal accounts are RPP/time-of-use eligible(i.e. <250,000kWh annual consumption)

Total Consumption (excluding streetlight accounts) 1,647,438 kWh 2012 volumeTotal Streetlight Consumption 294,579 kWh 2012 volume

RPP Pricing* TOU Pricing***

Regular (Non-Streetlight) Accounts 48 accounts Regular (Non-Streetlight) Accounts 750kWh per month (per account) at lower tier rate 432,000 kWh All remaining usage at upper tier rate 1,215,438 kWhNon-Streetlight RPP Commodity Cost 138,534.83$ 149,093.14$

Streetlight Accounts 14 accounts Streetlight Accounts 750kWh per month (per account) at lower tier rate 126,000 kWh (no TOU rates for these accounts) All remaining usage at upper tier rate 168,579 kWhStreetlight RPP Commodity Cost 24,137.66$ 24,137.66$

Total Commodity Cost (based on 2012 rates) 162,672.49$ 173,230.80$

LAS Program Pricing ** LAS Pricing**

Non-Streetlight Commodity Cost (including Global Adjustment) 131,795.04$ 5% savings 131,795.04$ 12% savings

Streetlight Commodity Cost (including Global Adjustment) 21,798.85$ 10% savings 21,798.85$ 10% savings

Total LAS Program Commodity Cost (based on 2013 program rates) 153,593.89$ 153,593.89$

Potential Annual Savings through LAS** 9,078.60$ 19,636.92$ 0.0047$ /kWh 0.0101$ /kWh

Time of Use Ratestypically result in higher costs for

municipal accounts

Assume 30% on-peak, 30% mid-peak, 40% off-peak usage breakdow n

rate = 9.05 ¢/kWh

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Notes to Previous Table

* RPP Rates: the default energy rates for most municipal accounts May 2012 - Oct 2012: 750 kWh per account at 7.5 cents/kWh; additional usage at 8.8 cents/kWh Nov 2012 - April 2013: 750 kWh per account at 7.4 cents/kWh; additional usage at 8.7 cents/kWh

** LAS Rates are based on our 2013 purchase for program members, and include the average Nov 2011 - Oct 2012 spot market and Global Adjustment charge

Average GA = 5.1 cents/kWh

*** Time of use (TOU) rates: now in effect for most municipal accounts but do not include streetlighting accounts.

Rates used are Nov 2012-Apr 2013 rates.

This pricing may not be duplicated at the time of LAS' next purchase, but the RPP/TOU rates are always used as our price comparator Analysis assumes that all of your accounts are RPP eligible.

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Comments

Based on the data in the load profile:

65% hedge level will result in approx. 1,070,000 kWh being hedged by LAS for your municipality annually This hedge will provide 65% certainty in your electricity cost (insofar as history is repeated), and 35% access to spot market electricity At this hedge level, total settlement (i.e. selling of any unused energy back to the market) will be less than 1% of total usage Savings for your municipality against Time-of-Use rates could be approx. $19,500 per year

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Comments Re Savings

Enrolling in LAS program will allow you to opt-out of the high time-of-use (TOU) rates, under LAS’ electricity retailer license Savings should be realized for all TOU and RPP-eligible accounts that are enrolled in the LAS program LAS Program rates are generally competitive with spot market rates

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LAS Program vs. RPP/Time-of-use Rates

LAS Program offers savings of approx. 9% compared to your current billing option

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22nd, 2013 SUBJECT: DEVELOPMENT SERVICES DEPARTMENT ACTIVITY REPORT ORIGIN: Development Services Department Report

Building Permit Statistics The Building Department issued126 building permits in the month of September bringing the total number of permits issued this year to 728. A summary of permits issued for the month and year to date is attached for you information. Work Orders Through the year, the building department has issued 17 Stop Work Orders, 36 Orders to Comply, 18 Orders to Remedy Unsafe Building, 7 Orders Prohibiting Use of Unsafe Building and 1 Order Not to Cover. Many of these Orders have been satisfied and lifted. We will continue to work toward achieving compliance with the remainder of the outstanding orders.

Sewage System Re-Inspection (Maintenance Inspections) Program In 2013, the Township of Muskoka Lakes inspected 386 properties on the Moon River as well as approximately 85 re-inspections on open files from the previous years. The Moon River was the target of interest for the Summer of 2013 due to the abnormally high water levels in the spring which may have threatened some Moon River sewage systems. Inspections involved a site visit, a visual inspection of the leaching bed and tank as well as a GPS coordinates of the flood plain at each property as well as a GPS coordinates at the leaching bed. This year, the inspection also included opening up the outlet side of older septic tanks, such as steel and concrete tanks, where accessible.

RECOMMENDATION: As this is an information item there is no action to be taken at this

time.

APPROVALS: Date Signature Approved By: Neil Donald, DSC October 9, 2013 Original signed by Neil Donald Acknowledged: Chris Wray, CAO October 9, 2010 Original signed by Chris Wray

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Development Services Department Activities, 2012 Page #2

Of the 386 inspections completed, approximately 86% of the systems inspected had no evidence of deficiencies at the time of the inspection. Letters were sent to 72 residents (approximately 11%) regarding minor deficiencies/additional information required. Follow-up inspections will be ongoing. The 11 properties which required immediate attention (approximately 4%) have all been contacted, Orders issued and follow-up abatement measures have been initiated.

Employee/Staffing Note A job opening for the position of Building Inspector has been posted and interviews will be conducted in the near future to replace David Falkanger. Dave has left the Building Department to pursue his own design business endeavours. Capital Projects Update Capital Projects undertaken this year include the Ullswater Community Centre renovations, Port Carling Community Centre siding replacement, renovations to the Municipal Office completer room and renovations to the Planning Department, CAO’s office and storage areas. The renovations to the Municipal Offices computer room, Planning Department, CAO’s office and storage areas have been completed. The renovations to the Ullswater Community Centre are substantially complete and the new siding was delivered to the Port Carling Community Centre on October 8th, 2013. Respectfully submitted, Neil Donald, CBCO Development Services Coordinator /hs

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SEPTEMBER

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

Type of Permit 2013 2012 2011 2013 2012 2011 2013 2012 2011

Single Family Dwelling 5 2 14 1,874,240.00$ 1,350,000.00$ 7,478,680.00$ 21,276.90$ 13,500.00$ 83,942.19$

S.F.D. Addition 1 1 7 175,000.00$ 6,500.00$ 1,062,100.00$ 2,066.10$ 200.00$ 14,440.80$

S.F.D. Renovation 1 1 2 20,000.00$ 30,000.00$ 26,500.00$ 615.25$ 500.00$ 530.00$

S.F.D. Demolition 2 1 10 10,000.00$ 46,500.00$ 200.00$ 100.00$ 1,000.00$

Multiple Res. Reno.

Cottage 8 7 5,205,077.85$ 2,468,520.00$ 61,227.63$ 28,314.12$

Cottage Addition 8 3 1,346,617.75$ 511,005.00$ 15,163.55$ 5,310.05$

Cottage Renovation 2 1 104,000.00$ 32,000.00$ 600.00$ 300.00$

Cottage Demolition 13 7 89,000.00$ 30,500.00$ 1,300.00$ 700.00$

Commercial Building 1 12,000.00$ 300.00$

Commercial Addition 2 55,000.00$ 757.75

Commercial Renovation 1 84,000.00$ 840.00$

Commercial Demolition

Accessory Building 12 12 14 1,585,630.00$ 524,656.00$ 833,400.00$ 17,809.67$ 5,948.30$ 8,350.25$

Accessory Renovation 2 2 3 70,000.00$ 20,500.00$ 90,000.00$ 950.00$ 400.00$ 1,070.90$

Accessory Addition 2 25,000.00$ 860.00$

Accessory Demolition 1 2 4,500.00$ 100.00$ 200.00$

Public Building 3 103,009.00$ 1,139.30$

Miscellaneous 10 8 11 225,170.00$ 80,100.00$ 105,854.00$ 2,900.00$ 1,800.00$ 2,500.00$

Docks 18 19 20 832,700.00$ 728,160.00$ 684,500.00$ 5,200.00$ 6,050.00$ 6,300.00$

Boathouses 2 4 3 21,000.00$ 521,400.00$ 457,350.00$ 505.75$ 5,815.00$ 5,041.65$

Boathouse Renovations 1 2 8,000.00$ 46,000.00$ 300.00$ 660.00$

Boat House Additions 1 1 1 40,000.00$ 10,000.00$ 24,000.00$ 200.00$ 200.00$ 232.75$

Boat House Demolitions 6 2 3 19,000.00$ 4,500.00$ 11,500.00$ 600.00$ 200.00$ 300.00$

Sewage System 27 18 39 439,100.00$ 291,300.00$ 573,580.00$ 11,400.00$ 7,900.00$ 15,150.00$

Total 126 94 129 12,310,544.60$ 6,646,641.00$ 11,439,964.00$ 145,151.90$ 78,597.47$ 139,518.54$

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JANUARY - SEPTEMBER

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

Type of Permit 2013 2012 2011 2013 2012 2011 2013 2012 2011

Single Family Dwelling 15 19 56 5,157,645.00$ 7,891,065.00$ 24,507,648.50$ 60,289.38$ 90,869.26$ 290,605.56$ S.F.D. Addition 10 8 46 572,125.00$ 125,000.00$ 4,723,390.00$ 7,925.00$ 2,418.95$ 58,421.71$ S.F.D. Renovation 6 12 23 84,500.00$ 356,500.00$ 801,000.00$ 3,706.25$ 6,204.65$ 11,005.55$ S.F.D. Demolition 7 7 33 10,000.00$ 40,000.00$ 163,200.00$ 700.00$ 700.00$ 3,300.00$ Multiple Res. 0 0 1 -$ -$ 5,000.00$ -$ -$ 300.00$

Cottage 32 24 0 18,211,190.35$ 9,704,085.00$ -$ 205,101.14$ 111,819.45$ -$ Cottage Addition 31 32 0 4,159,717.75$ 3,107,303.50$ -$ 51,831.43$ 39,599.44$ -$ Cottage Renovation 25 22 0 1,313,850.00$ 835,500.00$ -$ 18,602.05$ 11,950.00$ -$ Cottage Demolition 35 23 0 170,000.00$ 83,500.00$ -$ 3,500.00$ 2,300.00$ -$

Commercial Building 5 3 13 586,720.00$ 57,000.00$ 1,411,000.00$ 7,889.10$ 1,539.30$ 29,659.46$ Commercial Addition 5 2 2 1,635,000.00$ 2,150,000.00$ 105,000.00$ 19,401.94$ 6,500.00$ 2,707.48$ Commercial Renovation 13 8 9 298,500.00$ 481,000.00$ 282,000.00$ 4,640.00$ 6,396.00$ 3,590.00$ Commercial Demolition 10 1 1 50,000.00$ 5,000.00$ 13,560.00$ 1,000.00$ 100.00$ 100.00$

Accessory Building 48 55 58 3,305,800.00$ 2,345,901.00$ 2,260,940.00$ 39,703.85$ 29,895.05$ 29,885.80$ Accessory Renovation 8 13 15 130,500.00$ 101,500.00$ 196,000.00$ 2,470.00$ 3,836.40$ 3,570.90$ Accessory Addition 2 4 5 23,000.00$ 46,000.00$ 38,000.00$ 607.00$ 1,711.00$ 1,304.00$ Accessory Demolition 11 7 9 14,500.00$ 11,500.00$ 33,500.00$ 1,100.00$ 700.00$ 900.00$ Public Building 6 3 3 159,489.00$ 1,536,110.00$ 276,580.00$ 1,664.58$ 15,541.10$ 2,740.75$ Miscellaneous 60 46 50 681,682.00$ 411,485.00$ 574,175.00$ 16,404.80$ 12,596.00$ 13,000.00$

Docks 184 157 130 6,638,024.00$ 7,014,550.67$ 5,048,530.00$ 54,000.00$ 49,550.00$ 39,650.00$

Boathouses 43 71 47 4,832,698.25$ 8,614,065.00$ 6,773,350.00$ 50,361.14$ 93,799.27$ 59,084.27$ Boathouse Renovations 12 4 9 517,300.00$ 64,500.00$ 133,500.00$ 7,118.10$ 1,000.00$ 3,067.45$ Boat House Additions 3 4 6 62,000.00$ 500,000.00$ 129,000.00$ 700.00$ 4,950.00$ 1,755.75$ Boat House Demolitions 17 14 16 134,000.00$ 201,500.00$ 173,500.00$ 1,700.00$ 2,600.00$ 1,600.00$

Sewage System 140 135 164 2,180,736.99$ 2,146,300.00$ 2,287,030.00$ 55,850.00$ 55,300.00$ 63,500.00$

Total 728 674 696 50,928,978.34$ 47,829,365.17$ 49,935,903.50$ 616,265.76$ 551,875.87$ 619,748.68$

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: Tuesday, October 22, 2013 SUBJECT: Monthly Activity Report REPORT #: Wray 2013-020 RECOMMENDATION None noted APPROVALS Date Signature

Submitted By: Chris Wray, CAO 08/10/2013 Original signed by C. Wray

Introduction This report is being provided as a Monthly Activity Report. It is not a comprehensive list of all activities but does contain information that may be of interest to Council for the period up to and including October 7, 2013. This report is informational in nature but may contain small recommendations that will be so noted. Additional documentation has been provided as necessary. I regret that I am not able to attend to speak to any of the issues however, I will be attending a stakeholders meeting in regards to the future of OMERS. If necessary, I can provide follow up information to any questions that arise. Community Economic Development Participation in the on-line Economic Development survey was promoted and two community meetings were facilitated in September to encourage public input into our Community Economic Development planning. A consultation summary report is being compiled that will

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highlight survey results and feedback from the meetings. Follow-up focus groups are planned to help shape operational plans for each of the CED program areas included in the draft strategy. The focus groups will be coordinated to include community members and stakeholders who have indicated interest in participating in the next phase of planning. Corresponding research and data analysis using a new OMAFRA research tool (ANALYST) is also underway to support the planning. Staff facilitated several meetings with the Brock and Willa Wellness Centre steering committee and its sub-committees to support project planning needs. Staff also supported the committee in preparing an application to Muskoka Futures Community Investment Fund. The application was for funding to support the committee in hiring a consultant for business planning. The application was submitted on behalf of the committee by the Port Carling Lions Foundation and was approved in late September. The development of a business plan for the overall project will be underway in the coming month. A separate report has been prepared to provide an update on the previously reported FedNor Youth Internship application. Human Resources / Health & Safety I continue to be very pleased with the results that are being shown through our efforts in the area of Human Resources. In the past month HR was involved in five (5) days of interviews while working with the responsible managers to finalize the selection process, complete reference checks, write job offers and provide the necessary orientation. This has allowed the respective managers to work on the delivery of service in their areas. Also in the past month, recruitment was started for two other vacant positions. The salary review process is now in full swing and the coordination is being facilitated by Human Resources. I am also pleased to report that we have been providing HR assistance to the Library Board. In the area of Health and Safety, efforts were made to replace a JHSC member who had resigned and work was started on a new workplace violence and harassment policy. OPP Policing Update On October 3, 2013, The Ministry of Community Safety and Correctional Services sent out a media release to all municipalities indicating the Province would begin consultations on its proposed new billing model for OPP costing. In addition to these consultations, expiring contracts will not be re-negotiated at this time. AMO responded with its own media release reiterating its previous position on this matter and again stating that there is overall concern with respect to reducing the overall cost of policing in Ontario. AMO also indicated its concern with respect to the increased costs faced by municipalities across the Province in 2014 and going forward and that any new billing model may require a transitional phase-in.1

1 Media Releases from AMO and the Ministry of Community Safety and Correctional Services attached

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Port Carling Wall The Port Carling Wall is now complete and came in on budget. I am sure that all have seen the result and it looks great. The TML has already received a letter from the Port Carling Wall Committee congratulating us on the final product. LAS Programs The SMT continues to work towards participating in the LAS programs that will provide the TML with a benefit. The October COW meeting will see a report from Mr. Rettie with respect to participating in the bulk electricity purchasing program. The initial indicating is that we will save $19,500 annually. Mr. Rettie is also considering the One Fund investment program and will be attending a seminar on same in October. Our bulk fuel purchasing arrangements are still in place for a while yet. Staff are working towards potential arrangements through LAS that could assist us in achieving significant savings on a go forward basis. Lastly, Mr. Krynicki will be working with energy consultants at LAS with an eye towards street light and fixture retrofits (LED). More information is to come. Port Carling Nursing Station On September 30, I attended the first meeting of the Building Committee for the Brock and Willa Wellness Centre. This was a good meeting during which a number of issues were explored including possible ownership models. The three (3) parties that are participating in the project are at various stages of development and it would appear that they will eventually build at various times. While a final determination on the actual governing / ownership structure of the Wellness Centre cannot be made until the matter of land ownership is settled, various ownership models are being studied. Key in the process for both the Building and Fundraising Committees is the assistance that is being provided by our Community Economic Development staff (see above). They continue to add value to the process. New Municipal Infrastructure Fund More information is now available with respect to the new Municipal Infrastructure Fund. Starting October 1, this fund will make available $17 million in capital improvements funding. The initial phase is a two part selection process which will include the completion of an Expression of Interest by November 1, 2013. A letter received from the Ministry of Agriculture, Food and Rural Affairs indicates that unsuccessful Municipal Infrastructure Investment Initiative (MIII) proposals can be re-submitted

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for consideration. However, such resubmissions would be subject to the criteria in the new program. The new fund includes two additional components; $25 million that will fund 21 proposals for critical projects that were previously submitted under MIII. Those successful communities have been notified and TML was not one of them. $4 million in capacity funding will also be available to fund municipalities under 5,000 in population. Legislative Changes Municipal Elections Act The Ministry of Municipal Affairs is proposing to amend the Municipal Elections Act by seeking to allow the nomination fee to be paid by electronic method and to update the prescribed forms for the 2014 municipal elections. In a separate proposed regulation they are also seeking to remove the requirement that identification show a signature. These changes are those that were proposed by AMCTO and while they would be welcomed, there still remains a concern with respect to the finalization of the changes and the timing of the next municipal election. AODA Review The Ontario Government has appointed Mayo Moran (Dean of Law at U of T) to conduct a mandatory independent review of the implementation and effectiveness of the AODA. No date for the results of the review is yet available. Municipal Act – Joint and Several Liability As previously reported, Attorney General, John Gerretsen announced at the recent AMO Conference that the Province would be reviewing the Joint and Several Liability provisions of the Municipal Act against the “Saskatchewan Model”. In response to this, AMO has released a paper entitled: A Question of Balance: Legislative Responses to Judicial Expansion of Municipal, Liability – The Saskatchewan Experience.”2 Bill 91 – Waste Reduction Act This legislation has received second reading. The bill does acknowledge the important role that municipalities play in waste diversion and is really seeking to have industry take more responsibility (read costs) for the diversion of the waste that they create. In the end this would provide some relief to property ratepayers. Development Charges Act While there has been no action as yet, Environmental Commissioner, Gord Miller has recommended that the Province of Ontario undergo a study on possible reforms to the Development Charges Act specifically as it relates to public transit.

2 The paper is available at the following link - “A Question of Balance: Legislative Responses to Judicial Expansion of Municipal Liability – The Saskatchewan Experience”

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By-Law Enforcement Activity Our By-law Enforcement team continues to meet on a regular basis with the most recent meeting held on September 11. The file of active complaints has grown considerably with the vast majority coming as a result of property complaints. Where appropriate, stop work orders have been used and have shown to be somewhat effective, followed of course by some kind of remedial measure. Some matters are more complicated and require further intervention. A review is currently underway with respect to a number of by-laws stating with the recent discussion about the sign by-law. It is our hope to move these along as quickly as possible. Distract Fire Chiefs On September 19, 2013, I was able to attend a District Fire Chiefs meeting in Milford Bay to meet a number of the District Chiefs. While I had to cut short my visit to attend the Economic Development Session that same night, I did appreciate the discussions. I will be attending future meetings as time goes on. 311 System The SMT has been discussing the possibility of a 311 System for the TML. A 311 Service can be best defined as a non-emergency local telephone exchange communications system that allows telephone customers to reach non-emergency local government services by dialing an abbreviated telephone number (311). The service can be used to obtain common information or to notify the authority of an issue pertaining to service. There are a number of firms that offer this type of service. Like all services, such firms range in levels of complexity and costs. I am hoping that we can bring forth a report in the near future with more details. Monthly Departmental Information Reports The roll-out of our monthly information reports continues. The following are still to come: Department Month Director / Manager Community Economic Development

November L. McMurray

Planning December D. Pink It is my hope that reports on activities and information will assist in broadening our scope of the betterment of our community. As individual reports are phased in, they will then appear monthly.

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Burgess 1 At the direction of the Minister, local MNR staff have been instructed to arrange a meeting with TML staff to discuss the issues relating to the hold-up of the improvements to Burgess 1. The MNR staff have now asked for an agenda and we are preparing and hope that the meeting will occur soon. Risk Management Symposium On September 10, 2013, I was able to attend a Risk Management Symposium in Vaughan sponsored by AMO. It was an excellent seminar which included a number of very topical speakers. Sessions included; the rising cost of court awards, long tail claim effects, the cost of risk, the relevance of historical data, the importance of best practices and how to protect the municipal budget against the effects of risk. During one session, a presentation with respect to ensuring a judge applies the proper analysis to cases that have alleged non-repair of a roadway was made.3 In listening to the presentation and reading through the documentation, it is clear that in many cases judges are not applying any type of common sense when it comes to such cases of liability. In fact, in some cases one might observe that common sense is not very common at all. While the document was released in 2011, AMO also provided a copy of the results of the Insurance Survey that they conducted at that time. Just a couple of stats from the Executive Summary:

Since 2007 liability premiums have increased by 22.2% and are among the fastest growing municipal costs

In 2011, the total insurance costs were $155.2 million with liability premiums totalling $85.5 million.

Total per capita insurance costs for communities with a population under 10,000 is 37.56; in TML it is closer to $60 per capita. Communities with populations over 75,000 have a per capita insurance cost of only $7.71.

There is much work to do in the area of municipal insurance including the removal of the “joint and several” provisions in the Municipal Act. In summary, the symposium was a good fit at this time when we are trying to finalize our own Risk Management Plan – something not many communities have put much thought into. The attendance at the Symposium drew to our attention, matters related to Risk Management that should be included in our profile. We are therefore updating before bringing to Committee.

3 Presentation is attached

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District of Muskoka Issues The District of Muskoka is currently undergoing an Operational Review. As part of that review, Strategy Corp conducted a telephone survey regarding service matters between lower tier municipalities and the District. On September 30, I participated in a call and was able to provide information for their consideration. On October 7, 2013, TML staff met with District staff to discuss the development of a new sign by-law for the TML. The input of the District was important and the plan is to have them also review any draft sign by-law once it has been completed. END

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: MONTHLY ACTIVITY REPORT – CLERK’S DEPARTMENT RECOMMENDATION: For information purposes. APPROVALS: Date Signature

Submitted By: Cheryl Mortimer, Clerk 17/10/13 Original signed by C. Mortimer

Acknowledged: Chris Wray, CAO 17/10/13 Original signed by C. Wray

ORIGIN: This report is being provided as a monthly informational activity report that may be of interest to the members of Committee of the Whole. No direction is required. Additional documentation has been provided, as necessary. SUMMARY: 2013 Capital Projects The municipal building renovation project and the network cabling and server room project are now complete. We will be moving forward with the website enhancement project proposal. We will be issuing a request for quotes for the Council Chambers Audio project in the near future. A majority of the furniture requirements have been installed. All planned desktops and laptops have been deployed to the appropriate staff. 2014 Budget Draft departmental operating budget recommendations for Clerks/CAO, Council and Grants have been submitted to the Treasurer along with proposed departmental capital projects.

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Page 2 – Report Re: Monthly Activity Report – Clerks Department

Accessibility I am currently reviewing and working on the requirements to meet the Integrated Accessibility Standards pursuant to the Accessibility for Ontarians with Disabilities Act. Reports in this regard will be forthcoming. The Province’s goal is to achieve an accessible Ontario by 2025. Accessibility standards have been established in the following five areas; customer service, employment, information and communications, transportation and design of public spaces. Compliance timelines for these standards are being phased in up to 2025. Volunteer Recreational Trails Committee At the July 16, 2013 Committee of the Whole meeting Resolution Number COW-14-16/07/13 was passed to advertise for and establish a Volunteer Recreational Trails Committee for the Township of Muskoka Lakes. At that time, Committee indicated that the purpose of this Committee would be to advise Council on issues related to trails promotion, development, improvement, maintenance and use. Prior to appointing a Committee, staff will require further input and direction with respect to the function and duties of the Committee. Posting of notices and advertising seeking applications have resulted in some interest to date, however we still require further volunteers. Muskoka Lakes Public Library Board As a result of a current vacancy on the Muskoka Lakes Public Library Board, staff will be providing notice to the public seeking a volunteer to sit as a board member for the remainder of the current term of Council. Notice requirements pursuant to the Public Libraries Act must be met in this regard.

Local Government Week 2013 - October 20 – 26 Correspondence outlining the 2013 Local Government Week opportunities were issued to the local primary and secondary schools where Township of Muskoka Lakes students attend school along with the appropriate school board trustees (Glen Orchard Public School, Monck Public School, Monsignor Michael O’Leary Catholic School, Watt Public School, Bracebridge and Muskoka Lakes Secondary School, Gravenhurst High School and St. Dominic Catholic Secondary School). We are now awaiting responses from interested schools and students to participate. 2014 Municipal Election Municipal elections are conducted pursuant to the Municipal Elections Act through the Clerks Department and are held every four years. The next municipal election will be in 2014. Budgets, processes and procedures are under review. Further reporting will be presented in the near future. Departmental Activities Clerk’s Department staff continue to work on routine job tasks, duties and providing municipal services including; reception services, mail, administrative support, agendas, minutes, reports, delegation requests, by-laws, records management, Municipal Freedom of Information and Protection of Privacy Act requests, insurance and legal administrative, road allowance closures, license agreements, tag days, lottery licensing, trailer park licensing, vital statistics, cemetery administration, and IT and website management. Staff has almost completed the scanning and indexing project of all Township by-laws commencing 1971 to present. When this project is complete, it is anticipated that we will move to scanning minutes back to 1971.

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: REVISED PUBLIC NOTICE POLICY – C-LS-06 RECOMMENDATION: That Committee of the Whole recommend to Township Council that

revised Public Notice Policy C-LS-06 be adopted as presented on October 22, 2013.

APPROVALS: Date Signature

Submitted By: Cheryl Mortimer, Clerk 17/10/13 Original signed by C. Mortimer

Acknowledged: Chris Wray, CAO 17/10/13 Original signed by C.Wray

SUMMARY: Based on direction received from Township Council on September 13, 3013, it is

recommended that revised Public Notice Policy C-LS-06 be adopted as presented.

ORIGIN: Direction from Council. BACKGROUND: At the regular meeting of Planning Committee of the Whole held on August 15,

2013 the following resolution was passed.

Resolution Number PCOW-7-15/08/13 Councillor Nishikawa – Councillor McTaggart: Be it resolved that the Planning Committee of the Whole recommends to Council that in accordance with the Provincial Heritage Regulations that the Township’s Public Notification policy be amended to permit the public notification of any publications required under the Ontario Heritage Act be by way of the Township website only. Carried

Further, at the regular meeting of Council held on September 13, 2013 the following resolution was passed.

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Page 2 – Report Re: Monthly Activity Report – Clerks Department

Resolution Number C-7-13/09/13 Councillor Furniss – Councillor Kruckel: Be it resolved that the following recommendation be enacted for action: August 15, 2013 Planning Committee of the Whole meeting recommendation 7 with the additional language “in conjunction with a media press release and a 400’ radius distribution.” Carried

Section 26 (4) (Part IV) and Section 39.1 (3) (Part V) of the Ontario Heritage Act provide that where a municipality is required by this Part to publish a notice in a newspaper having general circulation in the municipality, notice given in accordance with a policy adopted by the municipality under section 270 of the Municipal Act, 2001 is deemed to satisfy the requirement of this Part to publish notice in a newspaper.

Public Notice Policy C-LS-06 was adopted pursuant to section 270 of the Municipal Act, 2001. The Policy has been amended to reflect Council’s direction and to provide for some additional clarifying language related to the policy. Changes have been highlighted in yellow for ease of reference.

FINANCIAL: Cost savings should be achieved through a reduction of published advertising. ATTACHMENTS: Revised Public Notice Policy C-LS-06

Report from the Clerk Re: Township Public Notification

Page 80 of 137

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Report from the Clerk Re: Township Public Notification

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Page 83 of 137

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Page 84 of 137

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Report from the Clerk Re: Township Public Notification

Page 85 of 137

COMMITTEE OF THE WHOLE AGENDA REPORT

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

MEETING DATE: October 22, 2013

SUBJECT: Original Shore Road Allowance Closing Application lying in front of Concession 13, Lot 28, (Watt) Lake Rosseau, DAWES, 2-26-074

RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by James and Hannelore Dawes (2-26-074) lying in front of Concession 13, Lot 28 (Watt) Lake Rosseau pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances.

APPROVALS: Date Signature Submitted By: Teri Guthrie, Clerk’s Assistant 17/10/13 Original signed by T. Guthrie

Approved By: Cheryl Mortimer, Clerk 17/10/13 Original signed by T. Guthrie Acknowledged: C. Wray, CAO 18/10/13 Original signed by T. Guthrie

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

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

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

cross-hatched on the maps attached has been received from James and Hannelore Dawes.

BACKGROUND: DAWES – LAKE ROSSEAU – 2-26-74

Legal Description: Concession 13, Lot 28, Watt

Fish Habitat Classification: Fish Habitat Type 1 – Most Significant

Report from the Clerk Re: Application to purchase a

Page 86 of 137

Location: Lake Rosseau

Access: Private Right of Way off Municipal Road

Civic Address: 1390 Rosseau Lake Road 1 Unit 24

Extent: Approximately 163 feet of frontage

Property Unit Tax Class: Recreational Dwelling Unit (RDU)

Staff Comments: The Director of Planning, the Development Services Coordinator, and the Director of Public Works have no objections to this application.

The Director of Planning advises that the property is zoned

waterfront residential (WR1). The property appears to currently meet the existing lot of record criteria of 100 feet of frontage and 43,560 square feet (1 acre) of lot coverage.

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

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

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

3. There appear to be encroachments situated on the Original Shore Road Allowance.

FINANCIAL: The rate of $1.10 per square foot will be payable to the Township by the

applicants pursuant to Township Policy C-LS-08.

Report from the Clerk Re: Application to purchase a

Page 87 of 137

 

Report from the Clerk Re: Application to purchase a

Page 88 of 137

COMMITTEE OF THE WHOLE AGENDA REPORT

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

MEETING DATE: October 22, 2013

SUBJECT: Original Shore Road Allowance Closing Application lying in front of Concession 3, Lot 31, (Watt) Lake Rosseau, BARCHAM, 2-5-083

RECOMMENDATION: It is recommended that the Committee of the Whole recommend to Township Council that tentative approval be given to the request to purchase a portion of Original Shore Road Allowance submitted by Jane Adele Barcham (2-5-083) lying in front of Concession 3, Lot 31 (Watt) Lake Rosseau pursuant to the conditions provided in Township Council Policy C-LS-08 for the Sale of Original Shore Road Allowances.

APPROVALS: Date Signature Submitted By: Teri Guthrie, Clerk’s Assistant 17/10/13 Original signed by T. Guthrie

Approved By: Cheryl Mortimer, Clerk 17/10/13 Original signed by C. Mortimer Acknowledged: C. Wray, CAO 18/10/13 Original signed by C. Wray

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

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

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

cross-hatched on the maps attached has been received from Jane Adele Barcham.

BACKGROUND: BARCHAM – LAKE ROSSEAU – 2-5-083

Legal Description: Concession 3, Lot 31, Watt

Fish Habitat Classification: Type 1 (most significant) and

Type 2 (General)

Report from the Clerk Re: Application to purchase a

Page 89 of 137

Location: Lake Rosseau

Access: Private Right of Way off Municipal Road

Civic Address: 1413 Brackenrig Road Unit 6

Extent: Approximately 440 feet of frontage

Property Unit Tax Class: Recreational Dwelling Unit (RDU)

Staff Comments: The Director of Planning, the Development Services Coordinator, and the Director of Public Works have no objections to this application.

The Director of Planning advises that the property is zoned

Waterfront Residential (WR5). The property appears to currently meet the existing lot of record criteria of 100 feet of frontage and 15,000 square feet of lot coverage.

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

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

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

3. There appear to be encroachments situated on the Original Shore Road Allowance.

FINANCIAL: The rate of $1.10 per square foot will be payable to the Township by the

applicants pursuant to Township Policy C-LS-08.

Report from the Clerk Re: Application to purchase a

Page 90 of 137

 

Report from the Clerk Re: Application to purchase a

Page 91 of 137

COMMITTEE OF THE WHOLE AGENDA REPORT

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

MEETING DATE: October 22, 2013

SUBJECT: Declaration of Surplus Lands for an Original Shore Road Allowance on Three Mile Lake WEDDERSPOON, 2-16-030

RECOMMENDATION:

It is recommended that Committee of the Whole recommend to Township Council to declare the following lands surplus:

A portion of Original Shore Road Allowance lying in front of Concession 8, Lot 15, Three Mile Lake (Watt) designated as Part 1 on Registered Plan 35R-24234 WEDDERSPOON, 2-16-030; and

And further that the Clerk is hereby instructed to dispose of the said properties pursuant to Sections 8, 9 and 11 of the Municipal Act, 2001.

APPROVALS: Date Signature Submitted By: Teri Guthrie, Clerk’s Assistant 17/10/13 Original signed by T. Guthrie

Approved By: Cheryl Mortimer, Clerk 17/10/13 Original signed by C. Mortimer

Acknowledged: Chris Wray, CAO 18/10/13 Original signed by C. Wray

SUMMARY: Based on Standard 1 of Township Policy C-LS-01 (Sale and Other Disposition of Land) and the Standards of Township Policy C-LS-08 (Sale of Road Allowances) it is recommended that the Township declare the above referenced lands to be surplus.

ORIGIN: Prior to passing Road Closing By-law 2013-114 (Wedderspoon) scheduled for the November 15, 2013 Council meeting, the Township must declare the lands to be surplus pursuant to Township Policy C-LS-01. Copies of the relevant maps are attached for your information.

BACKGROUND: WEDDERSPOON – THREE MILE LAKE – 2-16-030 An Original Shore Road Allowance closing application was submitted by Ruth

Wedderspoon on February 15, 2013. The application received initial approval at the March 19, 2013 Committee of the Whole Meeting and was subsequently ratified by Council on April 12, 2013.

FINANCIAL: Consideration for the Wedderspoon Original Shore Road Allowance will be $8,362.50 ($0.75 x 11,150 square feet).

Report from the Clerk Re: Declaration of Surplus Lands

Page 92 of 137

 

Report from the Clerk Re: Declaration of Surplus Lands

Page 93 of 137

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Report from the Clerk Re: 2014 Meeting Schedule

Page 94 of 137

Report – 2014 Meeting Schedule

GENERAL Council and Standing Committee Meeting Schedule Policy C-GG-14 provides the following standards:

1. The regular meetings of Township Council shall be held at 9:00 o'clock a.m. on the Friday of the second (2nd) complete week of each month, commencing June 14, 2013. Planning Committee of the Whole as a Standing Committee of Council shall be held at 9:00 o'clock a.m. on the Monday of the third (3rd) complete week of each month commencing June 17, 2013. Committee of the Whole as a Standing Committee of Council shall be held at 9:00 o’clock a.m. on the Tuesday of the third (3rd) complete week of each month commencing June 18, 2013 as indicated in section 4 of this policy.

2. If a Township Council, Planning Committee of the Whole, Committee of the Whole or Standing Committee meeting date falls on a public holiday or civic holiday, the Township Council or Committee, if regularly scheduled for a Thursday or Friday, shall meet the previous day which is not a public or civic holiday or if regularly scheduled for a Monday or Tuesday, shall meet on the following day which is not a public or civic holiday, unless otherwise provided by resolution. Township Council, Planning Committee of the Whole, Committee of the Whole or Standing Committees of Council may, by resolution, cancel or reschedule their respective meetings. If it is determined that the meeting must be cancelled or rescheduled and time does not permit for the passage of a resolution, the Chief Administrative Officer, Clerk or designate may cancel or reschedule the meeting.

MUNICIPAL ELECTION Section 5 of the Municipal Elections Act, 1996, provides that:

“Voting day in a regular election is the fourth Monday in October, subject to section 10.” (Monday, October 27, 2014)

Section 6(1) of the Municipal Elections Act, 1996, provides that:

“The term of all offices to which this Act applies is four years, beginning on December 1 in the year of a regular election.” (Monday December 1, 2014)

Township Council Procedural By-law 2006-11, as amended, Section 2.a. Inaugural Meeting provides that:

“The first meeting of Township Council will be held on the first Monday of December following a regular election.” (Monday, December 1, 2014)

Report from the Clerk Re: 2014 Meeting Schedule

Page 95 of 137

Report – 2014 Meeting Schedule DISTRICT MEETING SCHEDULE

It is anticipated that the District meeting schedule will continue on a monthly basis with their Council meetings being held on the 3rd Monday of the month and Committee meetings to follow during the same week. This will be considered by District Council in November, 2013. Having said this, if it is determined that the District meeting schedule change, the Township meeting schedule will require revisiting.

2014 CONFERENCE DATES ROMA/OGRA Combined Conference (Rural Ontario Municipal Association / Ontario Good Roads Association) - February 23 to 26, 2014 – Toronto OSUM Annual Conference (Ontario Small Urban Municipalities) - April 30 to May 2, 2014 - Parry Sound

FCM Annual Conference (Federation of Canadian Municipalities) - May 30 to June 2, 2014 – Niagara Falls AMO Annual Conference (Association of Municipalities of Ontario) - August 17 to 20, 2014 - London

CONCLUSION

You will note that some meetings have been rolled back or combined in one day to accommodate public and civic holidays and the District meeting schedule. The August meeting schedule has been adjusted to accommodate the 2014 AMO Conference. We would also recommend that the Monday, November 17 Planning Committee of the Whole meeting and Tuesday, November 18 Committee of the Whole meeting be cancelled with Committee of Adjustment on Thursday, November 13 and Council on Friday, November 14 concluding the business of the current term of Council which ends on November 30, 2014.

FINANCIAL: NA

ATTACHMENTS: 2014 Draft Meeting Calendar

Report from the Clerk Re: 2014 Meeting Schedule

Page 96 of 137

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Office ClosedCommittee of AdjustmentCouncil Municipal Election DayPlanning Committee Of the Whole Inaugural Council MeetingCommittee of the Whole

JUNE

2014JANUARY FEBRUARY

MARCH APRIL

JULY AUGUST

SEPTEMBER OCTOBER

NOVEMBER DECEMBER

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole

MEETING DATE: October 22, 2013 SUBJECT: CORRESPONDENCE FROM SYLVIA JONES, MPP – AGGREGATE

RECYLCING PROMOTION ACT, 2013

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

that the Township of Muskoka Lakes support MPP Sylvia Jones’ Private Member’s Bill 56, the Aggregate Recycling Promotion Act, 2013.

APPROVALS: Date Signature

Submitted By: Cheryl Mortimer, Clerk 15/10/13 Original signed by C. Mortimer

Acknowledged: Chris Wray, CAO 16/10/13 Original signed by C. Wray

SUMMARY: That consideration is given to the support of MPP Sylvia Jones’ Private

Member’s Bill 56, the Aggregate Recycling Promotion Act, 2013. ORIGIN: Correspondence was received from Sylvia Jones, MPP, Dufferin-Caledon, a

copy of which is attached. Also attached is a copy of Bill 56, the Aggregate Recycling Promotion Act, 2013.

BACKGROUND: On April 22, 2013 the Ontario Legislature gave first reading to Bill 56. The Bill

was debated and given second reading on September 26, 2013, and was referred to the Standing Committee on Finance and Economic Affairs. This Bill will become law should it receive third reading and Royal Assent following Committee review.

The explanatory note included with the Bill provides the following; The Bill prohibits any person or body that forms part of the public sector from refusing to consider a bid for construction work or from refusing to enter into a contract for construction work for the sole reason that the work, or any part of it, can or will be performed using aggregates that are not newly produced. The term “public sector” is broadly defined.

Councillor Burgess has indicated his support for this request. It has therefore been placed on an agenda for consideration of support by the Township of Muskoka Lakes.

FINANCIAL: NA

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Bill 56, Aggregate Recycling Promotion Act, 2013

Current Status: Ordered referred to the Standing Committee on Finance and Economic Affairs

Jones, Sylvia

Status

Date Bill Stage Activity Committee

September 26, 2013 Ordered referred to Standing Committee Standing Committee on Finance and Economic Affairs

September 26, 2013 Second Reading Carried

September 26, 2013 Second Reading Debate

April 22, 2013 First Reading Carried

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Bill 56, Aggregate Recycling Promotion Act, 2013

Current Status: Ordered referred to the Standing Committee on Finance and Economic Affairs

Jones, Sylvia

View the Bill

Bill 56 2013

An Act to prohibit certain restrictions on the use of aggregates in performing public sector construction work

Preamble

Ontario residents expect the Government of Ontario to take a leadership role in balancing the relationship between primary aggregate extraction and

secondary aggregate recycling, the latter of which contributes to preserving the environment.

Ontario residents expect the Government of Ontario and the broader public sector, including government-funded institutions, to conduct business in a

sustainable way that is both operationally and economically viable.

Ontario residents also expect that, where appropriate, recycled aggregates will be fairly considered for use in all construction contracts entered into by the

Government of Ontario and the broader public sector. This allows for a better balance between the need for primary aggregate extraction and secondary

aggregate recycling in Ontario.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

“aggregate” has the same meaning as in the Aggregate Resources Act; (“agrégats”)

“construction work” means constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines,

tunnels, bridges, canals or other works at a site or performing other work of a similar nature that is prescribed by the regulations made under this Act;

(“travaux de construction”)

“public sector” means,

(a) the Crown in right of Ontario, an agency thereof, or an authority, a board, a commission, a corporation, an office or an organization of

persons, a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in

Council or a member of the Executive Council,

(b) the corporation of a municipality in Ontario,

(c) a local board as defined by the Municipal Affairs Act or an authority, a board, a commission, a corporation, an office or an organization

of persons, some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the

corporation of a municipality in Ontario,

(d) a board as defined in the Education Act,

(e) a university in Ontario or a college of applied arts and technology or post-secondary institution in Ontario, whether or not affiliated with

a university, the enrolments of which are counted for purposes of calculating annual operating grants entitlements,

(f) a hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term

Care under the Public Hospitals Act or a private hospital operated under the authority of a licence issued under the Private Hospitals Act,

(g) a corporation with share capital, at least 90 per cent of the issued shares of which are beneficially held by or for an employer or

employers described in clauses (a) to (f), and every wholly-owned subsidiary thereof,

(h) a corporation without share capital, the majority of whose members, directors or officers are members of, or are appointed or chosen

by or under the authority of, an employer or employers described in clauses (a) to (f), or a wholly-owned subsidiary thereof,

(i) a board of health under the Health Protection and Promotion Act,

(j) the Office of the Lieutenant Governor of Ontario, the Office of the Assembly, a member of the Assembly or the offices of persons

appointed on an address of the Assembly,

(k) any authority, board, commission, corporation, office, person or organization of persons, or any class of authorities, boards,

commissions, corporations, offices, persons or organizations of persons, prescribed by the regulations made under this Act,

(l) Hydro One Inc. or any of its subsidiaries, and

(m) Ontario Power Generation Inc. or any of its subsidiaries. (“secteur public”)

Usage of aggregates to perform construction work

2. (1) No person or body that forms part of the public sector shall, in calling for tenders for any construction work, refuse to consider a bid for the sole

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reason that it proposes that the work, or any part of it, can or will be performed using aggregates that are not newly produced.

Same, contract

(2) No person or body that forms part of the public sector shall refuse to enter into a contract for the performance of construction work for the sole reason

that the contract permits or requires the work, or any part of it, to be performed using aggregates that are not newly produced.

Regulations

3. The Lieutenant Governor in Council may make regulations,

(a) doing anything described as prescribed in the definition of “construction work” in section 1 or clause (k) of the definition of “public

sector” in that section;

(b) specifying what constitutes aggregates that are not newly produced for the purposes of section 2;

(c) exempting any person or body or class of person or body from any provision of this Act or the regulations made under this Act, and

prescribing conditions or restrictions that apply in respect of an exemption;

(d) governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary to implement this Act or the

regulations made under it.

Commencement

4. This Act comes into force on the day it receives Royal Assent.

Short title

5. The short title of this Act is the Aggregate Recycling Promotion Act, 2013.

EXPLANATORY NOTE

The Bill prohibits any person or body that forms part of the public sector from refusing to consider a bid for construction work or from refusing to enter into a

contract for construction work for the sole reason that the work, or any part of it, can or will be performed using aggregates that are not newly produced.

The term “public sector” is broadly defined.

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MINUTES Walkers Point Community Centre Board Meeting

Thursday, September 19, 2013

Present: Jim & Mary Mills Pat & Al Young Terry Anne & Peter Stephen Mike Racz Donelda Kruckel Tom Payne Marg & Greg Erwin Robert Anderson Regrets: Gord & Julie Washburn 1. CALL THE MEETING TO ORDER

The September 19th meeting was held at the home of Terry Anne and Peter Stephen. Chair Jim Mills called the meeting to order at 6:08 pm. The meeting was held on the deck where members enjoyed what is sure to be one of the last warm days of summer.

2. RESOLUTION TO ADOPT THE AGENDA

Moved by Robert Anderson and Seconded by Donelda Kruckel Carried

3. CONFLICT OF INTERSET(S)

None declared.

4. CORRESPONDENCE None

5. APPROVAL THE MINUTES OF THE MEETING – AUGUST 22ND, 2013

Moved by Peter Stephen and Seconded by Mary Mills that the minutes be approved as previously circulated. Carried.

6. BUSINESS/ ARISING FROM THE AUGUST 22ND 2013 MEETING:

6.1 DISHWASHER – DONELDA

Donelda reported that Lisa McMurray and Jason Krynicki from the Township attended a meeting at the Community Centre a 9am today at which time our 2014 budget requests were presented and discussed. Lisa will check into the specifications for the new dishwasher regarding cycle length and advise us. Location and positioning of the new dishwasher was also discussed. It will be elevated and located under the window.

6.2 CRANBERRY FESTIVAL VOLUNTEERS – DONELDA

The Cranberry Festival are looking for ticket booth volunteers to work a 3 hr shift on either Friday, October 18th, Saturday, October 19th or Sunday, October 20th. Volunteers will receive a free button for admission to Festival activities. Contact Donelda if you are interested in helping.

6.3 NO LITTER AND NO ATV’S SIGNS – DONELDA

A No Litter sign has been requested and it will be posted between Hwy 169 and the Community Centre. A no ATV sign has also been requested and it will be posted just past the shed. Following discussion it was agreed that we ask for a second No ATV sign so that we can post in both areas affected.

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7. REPORTS:

7.1 TREASURER’S REPORT AND HALL BOOKINGS – TERRY ANNE Treasurer’s Report Terry Anne distributed and presented the Treasurer’s Report. Closing Balance as of August 23, 2013 is $7,617.51.

Outstanding expenses related to the Spaghetti Dinner/Silent Auction should clear by the next meeting. This includes the $97.18 expense as clarified with, and payable to, Joe Larouche. Mary will deliver the cheque to Joe. MOTION TO APPROVE THE TREASURER’S REPORT Moved by Marg Erwin and Seconded Donelda Kruckel that the Treasurer’s Report be accepted as presented.

Carried

Hall Bookings Terry Anne circulated an up-to-date report of Hall Bookings for 2013. In Terry Anne’s upcoming absence, Mike Rasz agreed to take care of the October 5th rental requirements and Mary and Jim agreed to take care of the remaining October rental requirements.

7.2 LIBRARY REPORT – PATRICIA

Pat advised that the second computer is now in place at the library. Summer hours will continue through to Thanksgiving after which they will change to Wednesday, Thursday and Saturday. A Volunteer Handbook for volunteers is almost completed. Upcoming winter projects at the library include installing shelving and painting the back corner closet.

7.3 GREETINGS AND UPDATES FROM COUNCIL, NEW LOCKS, CUSTODIAN RATE – DONELDA

Donelda advised that the rekeying of all of the Community Centres is continuing and the Walker’s Point Community Centre key needs were discussed with Lisa this morning. The date for the rekeying will be scheduled in advance and parties notified accordingly.

Custodian rates of pay are currently under review by human resources.

7.4 EXTERIOR SIGNAGE – PETER Peter advised that Duradek is the newest advertiser on the outdoor sign.

7.5 TRAILS – TOM & ALAN After the meeting this morning, Tom and Al took Jason on a tour of the trails and discussed trail development and recreational plans with him. He seemed very receptive to these ideas. Al advised that Jason estimated a $10,000 cost to gravel the parking lot. Jason will see if he can add paving in the handicapped area under accessibility requirements.

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8. ITEMS TO BE SUBMITTED TO THE 2013/2014 TOWNSHIP BUDGET: Jim advised that time was spent with Lisa today to review the following items: New Public Address System Keith at Precision Music in Bracebridge was suggested as an information resource and Jim will send him the details of our current system to assist him to make a recommendation. We want a new system that would be compatible with other technology. Pat will get in touch with Rich Mason to see if he will also take a look at our public address system needs. Flat Screen T.V. (46” to 60”) A projector and screen was suggested as an alternate option. Gravel for the Driveway at the back of the Centre Based on the estimated cost of $10,000 this item may be moved to the capital improvement budget. Landscaping and Parking Tom obtained a quote for landscaping from Muskoka Lakes Gardens and More. Following discussion it was agreed that a figure of $2,000 would be submitted.

Donelda to advise Lisa of the figure for landscaping. She will also thank Jason for estimating the figure for the parking and for putting this in the budget.

Other Items During the walk through with Lisa, the following additional items were identified. - a new mop for the kitchen - a replacement tub for the utility room These items were shown to Lisa and she will look into replacement. Cost for these would be minimal.

9. APPOINTMENT OF NEW BOARD MEMBER Chair Jim Mills proposed the appointment of Al Young to the Board. Moved by Tom Payne and Seconded by Mary Mills that Al Young officially be added to the Board. Carried.

10. SUMMARY ACTIONS – ADJOURNMENT

11. NEXT MEETING - TBA

The next meeting will be the Community Centre Board Annual General Meeting to be held on Thursday, October 24th.

Meeting adjourned at 6:55 pm

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Minutes from the Walker's Point Community Centre Hall

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: PORT CARLING LIONS CLUB LEASE AGREEMENT PORT CARLING COMMUNITY CENTRE – BAR AREA RECOMMENDATION: Committee of the Whole recommend that Township Council approve the Lease Agreement between the Township of Muskoka Lakes and the Port Carling Lions Club for the use of the upper bar area located at the Port Carling Community Centre as presented in the staff report dated October 22, 2013. AND further that the Mayor and Clerk be authorized to execute and affix the Corporate Seal to the Lease Agreement on behalf of the Municipality. APPROVALS: Date Signature Submitted by: Lisa McMurray, CEDC Oct 17, 2013 Original Signed by L.McMurray Approved By: Chris Wray, CAO Oct 17, 2013 Original Signed by C.Wray

SUMMARY: Presentation of the draft lease agreement between the Township of Muskoka

Lakes and the Port Carling Lions Club. ORIGIN: August 16, 2013 Committee of the Whole meeting. BACKGROUND: At the September 17, 2013 meeting, Committee of the Whole agreed to consider

a 5-year lease agreement with the Lions, for the upper bar area at the Port Carling Community Centre. (Resolution COW-4-17/09/13.)

The term of the draft agreement is from December 1, 2013 – December 1, 2018. FINANCIAL: The lease agreement indicates a rate of $1.00 per year.

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LEASE AGREEMENT This LEASE AGREEMENT has been made in duplicate this 1st day of December, 2013. BETWEEN: The Corporation of the Township of Muskoka Lakes

(called the “OWNER”)

OF THE FIRST PART AND Port Carling Lions Club

(called the “Lions”) OF THE SECOND PART IN CONSIDERATION of the following provisions, the Parties agree:

ARTICLE 1 – GRANT OF LEASE 101 The OWNER grants to the Lions a lease during the term commencing on the 1st day of December

2013 and ending on the 1st day of December 2018 to:

(a) Non-exclusively use and occupy the upper level bar area agreeable to the Parties, located in the OWNER’S facility at 3 Bailey Street Unit 1, Port Carling, ON, P0B 1J0 (called the “Building”);

(b) use and occupy in common with others the common areas of the Building, including without

limiting the generality of the foregoing, namely: the parking area, halls, stairways, corridors, washrooms, and service areas; Nothing in this lease prevents the Lions from arranging the use of other rooms within the Community Centre.

102 The Lease is limited to its appropriate and intended use and the OWNER may from time to time

temporarily obstruct or close off parts of the leased areas to carry out maintenance or repairs, and such obstruction or closing is not to be considered to be an interference with the Lion’s right to use them.

103 If the Lions remains in possession of the Premises after the expiration of the term referred to in

paragraph 101 without objection by the OWNER and without any other written agreement, the Lions shall be deemed to occupy the Premises from month to month subject to the provisions set forth in this Lease so far as they are applicable.

ARTICLE 2 – PAYMENT BY PORT CARLING LIONS CLUB

201 The Lions shall upon receipt of invoice pay to the OWNER the following:

(a) Yearly rental rate $1.00

(b) Refundable Damage Deposit $200.00

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202 The OWNER shall send invoices to: Port Carling Lions Club P.O. Box 431

Port Carling, Ontario P0B 1J0 Attention: Lions Club President

ARTICLE 3 – DAMAGE BY FIRE OR OTHER CAUSE 301 If the Premises or common areas are damaged by fire or other cause as to render them unsuitable

or prevent reasonable access to them, the OWNER shall diligently repair or procure the repair of the damage; the payments pursuant to this agreement, except for direct costs referred to in sub-paragraph 201(a), (called “the payments”) shall abate in proportion to the area of the Premises rendered unusable because of the damage, from the date the damage occurs until it is repaired.

302 If the Premises are completely destroyed, the OWNER may within 30 days after the damage has

occurred notify the Lions of its intention to repair the Premises, and the OWNER shall diligently repair or procure the repair of the Premises and the payments shall cease to accrue and be payable for the period from the date the Premises are destroyed until they are repaired.

303 If the Premises are completely destroyed and the OWNER fails to notify the Lions of its intention to

repair as stipulated in paragraph 302, this Lease shall terminate and payments shall cease to accrue and be payable from the date the Premises are destroyed; and the Lions shall vacate the Premises.

ARTICLE 4 – OBLIGATIONS OF THE PORT CARLING LIONS CLUB 401 The Lions shall:

(a) pay the amount set out in paragraph 201;

(b) keep the Building in clean, orderly fashion; (c) allow the OWNER to enter into the leased Premises upon request; (d) repair the Premises with respect to any damage caused by the Lions or persons invited into

the Community Centre be the Lions in connection with an event for which it is operating an alcoholic bar service, or food and beverage service;

(e) not make alterations or additions to the Premises without obtaining the prior written

approval of the OWNER; such alterations or additions to be under the direction of the OWNER and at the cost of the Lions;

(f) make available the entire bar area upon request to renters; (g) hold and use four (4) building master keys in accordance with Township policies and

procedures;

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(h) serve alcohol in accordance with legislation and Alcohol Gaming Commission of Ontario regulations;

(i) upon termination of this Lease, remove furnishings, fixtures and other property of the Lions

and leave the Premises in good repair, reasonable wear and tear excepted.

(j) provide a current Liability Certificate confirming a minimum of 2 million dollars ($2,000,000.00) Commercial General Liability, as well as half a million ($500,000.00) Tenants Legal Liability insurance, with The Corporation of the Township of Muskoka Lakes named as an additional insured.

ARTICLE 5 – OBLIGATIONS OF THE OWNER 501 The OWNER shall:

(a) pay all such present and future rates and taxes with respect to the Premises;

(b) provide sufficient heating and/or air conditioning to maintain a temperature consistent with the OWNER’s usual standards;

(c) keep the common areas, outer walls and roof of the Building in proper structural repair;

(d) keep the common areas in the Building clear and well lighted; (e) employ competent janitors and cleaners to keep the Building and Premises reasonably

clean and dusted;

(f) pay electricity, gas and water charges with respect to the Premises; (g) provide four (4) building master keys in accordance with Township policies and procedures;

(h) supply water to the washbasins and toilets in the Building;

(i) keep the Building and Premises insured against loss or damage by fire, lightning and

tempest; (j) provide heating, air conditioning, lighting and electricity to the Premises, but the OWNER

shall have no liability to the Lions or anyone on the premises if there is an interruption or breakdown of such services, regardless of the source of such interruption or breakdown.

ARTICLE 6 – TERMINATION 601 Either Party may terminate this Lease at any time after the term by giving to the other Party a

notice of termination in writing not less than thirty (30) days prior to the date stipulated in that notice as being the effective date of termination.

602 The Lions shall vacate the premises on or before the effective date of termination.

603 Upon termination no further payments are payable for the Premises by the Lions.

604 Upon termination of the lease all four (4) keys will be returned to the OWNER.

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ARTICLE 7 – INDEMNITY 701 The Lions shall indemnify and save harmless the OWNER from and against all claims in any

manner arising out of or connected with anything done by the Lions, its employees, agents, invitees and leasees pursuant to this Lease, whether due to tort or breach of contract.

702 The OWNER shall indemnify and save harmless the Lions from and against all claims in any

manner arising out of or connected with anything done by the OWNER, its employees, agents, invitees or non leasees whether due to tort or breach of contract.

ARTICLE 8 – NOTICE 801 Where in this Lease any notice is required or authorized to be given, that notice shall be in writing

and may be sent by registered mail, by courier, by telegram, or delivered in person addressed as follows:

(a) to the OWNER:

The Corporation of the Township of Muskoka Lakes P.O. Box 129, 1 Bailey Street Port Carling, Ontario P0B 1J0 Attention: Cheryl Mortimer, Municipal Clerk, Tel. (705) 765-3156

(b) to the Lions (at the address shown in Article 202):

Port Carling Lions Club P.O. Box 431 Port Carling, Ontario P0B 1J0 Attention: Lions Club President

802 The above addresses may be changed from time to time by written notice of change of address

to the other Party.

ARTICLE 9 – OVER-HOLDING CLAUSE 901 Should the Lions hold over the expiration of this lease and the OWNER accept rent for the

premises, the Lions hall hold the premises as a yearly tenant on the same terms as set out in this lease, including the right of termination and giving advanced written notice.

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IN WITNESS WHEREOF the OWNER has affixed its seal duly attested by the hands of its proper officers on its behalf, and the Museum has set his hand and seal.

) THE CORPORATION OF THE ) TOWNSHIP OF MUSKOKA LAKES,

) Per: ) ) __________________________ ) Alice Murphy, Mayor ) ) ) __________________________ ) Cheryl Mortimer, Clerk ) SIGNED, SEALED AND DELIVERED ) in the presence of ) ) _____________________________ ) ___________________________ Witness President Port Carling Lions Club President

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COUNCIL AGENDA REPORT

TO: Mayor Murphy and Members of the Council

MEETING DATE: October 22, 2013 SUBJECT: Lease Agreement with the Muskoka Lakes Museum – Duke House.

RECOMMENDATION: Township Council approve the Lease Agreement between the Township of Muskoka Lakes and the Muskoka Lakes Museum for the use of office space at the Duke House, in Port Carling as presented in the staff report dated October 22, 2013. AND further that the Mayor and Clerk be authorized to execute and affix the Corporate Seal to the Lease Agreement on behalf of the Municipality.

APPROVALS: Date Signature

Submitted By: Lisa McMurray, CEDC Oct 17, 2013 Original Signed by L. McMurray

Acknowledged: Chris Wray, CAO Oct 17, 2013 Original Signed by C. Wray

SUMMARY: A Lease Agreement has been drafted for the use of office space at the Duke

House between the Township of Muskoka Lakes and the Muskoka Lakes Museum. The Muskoka Lakes Museum is a not-for-profit organization, historically supported by the municipality. A copy of the draft agreement is attached.

ORIGIN: The Muskoka Lakes Museum has submitted the attached correspondence

requesting winter rental of the Duke House. They have been renting this space since 2007.

BACKGROUND: The Muskoka Lakes Museum has submitted a request to rent the 125ft second

floor office space at the Duke House from November 1, 2013 to April 30, 2014 – a 6 month period.

It is recommended that a Lease Agreement between the Township of Muskoka Lakes and the Muskoka Lakes Museum be renewed for the use of 125 square feet of office space at the Duke House, for the period of November 15, 2012 to April 15, 2013 at a monthly rental rate of $170.00 plus H.S.T (just over a 2% increase over the 2012/2013 rate.

FINANCIAL: Total rental revenue $170.00 X 6 months = $1020.00

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LEASE AGREEMENT This LEASE AGREEMENT has been made in duplicate this 1st day of November, 2013. BETWEEN: The Corporation of the Township of Muskoka Lakes

(called the “OWNER”)

OF THE FIRST PART AND Muskoka Lakes Museum

(called the “Museum”) OF THE SECOND PART IN CONSIDERATION of the following provisions, the Parties agree:

ARTICLE 1 – GRANT OF LEASE 101 The OWNER grants to the Museum a lease during the term commencing on the 1st day of

November 2013 and ending on the 30th day of April 2014 to:

(a) exclusively use and occupy an office of approximately 125 square feet (called the “Premises”), or space of equivalent size and quality agreeable to the Parties, located in the OWNER’S offices at 90 Joseph Street, Port Carling, ON, P0B 1J0 (called the “Building”);

(b) use and occupy in common with others the common areas of the Building, including without

limiting the generality of the foregoing, namely: the parking area, halls, stairways, corridors, washrooms, and service areas;

102 The Lease is limited to its appropriate and intended use and the OWNER may from time to time

temporarily obstruct or close off parts of the leased areas to carry out maintenance or repairs, and such obstruction or closing is not to be considered to be an interference with the Museum’s right to use them.

103 If the Museum remains in possession of the Premises after the expiration of the term referred to in

paragraph 101 without objection by the OWNER and without any other written agreement, the Museum shall be deemed to occupy the Premises from month to month subject to the provisions set forth in this Lease so far as they are applicable.

ARTICLE 2 – PAYMENT BY MUSKOKA LAKES MUSEUM 201 The Museum shall upon receipt of invoice pay to the OWNER in arrears each month as follows:

(a) Monthly rental including security, proportionate share of cost of heating, electricity, and

maintenance; $170 plus HST

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202 The OWNER shall send detailed monthly invoices in arrears, at the beginning of each month for

payment to: Muskoka Lakes Museum 100 Joseph Street

P.O. Box 432 Port Carling, Ontario P0B 1J0 Attention: Douglas Smith, Museum Curator

ARTICLE 3 – DAMAGE BY FIRE OR OTHER CAUSE 301 If the Premises or common areas are damaged by fire or other cause as to render them unsuitable

or prevent reasonable access to them, the OWNER shall diligently repair or procure the repair of the damage; the payments pursuant to this agreement, except for direct costs referred to in sub-paragraph 201(a), (called “the payments”) shall abate in proportion to the area of the Premises rendered unusable because of the damage, from the date the damage occurs until it is repaired.

302 If the Premises are completely destroyed, the OWNER may within 30 days after the damage has

occurred notify the Museum of its intention to repair the Premises, and the OWNER shall diligently repair or procure the repair of the Premises and the payments shall cease to accrue and be payable for the period from the date the Premises are destroyed until they are repaired.

303 If the Premises are completely destroyed and the OWNER fails to notify the Museum of its

intention to repair as stipulated in paragraph 302, this Lease shall terminate and payments shall cease to accrue and be payable from the date the Premises are destroyed; and the Museum shall vacate the Premises.

ARTICLE 4 – OBLIGATIONS OF THE MUSEUM 401 The Museum shall:

(a) pay the amounts set out in paragraph 201;

(b) pay for telephone service;

(c) repair the Premises, reasonable wear and tear and damage by fire, lightning and tempest only excepted;

(d) not make alterations or additions to the Premises without obtaining the prior written

approval of the OWNER; such alterations or additions to be under the direction of the OWNER and at the cost of the Museum; and

(e) upon termination of this Lease, remove furnishings, fixtures and other property of the

Museum and leave the Premises in good repair, reasonable wear and tear excepted.

(f) provide a current Liability Certificate confirming a minimum of 2 million dollars ($2,000,000.00) Commercial General Liability, as well as half a million ($500,000.00) Tenants Legal Liability insurance, with The Corporation of the Township of Muskoka Lakes named as an additional insured.

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ARTICLE 5 – OBLIGATIONS OF THE OWNER 501 The OWNER shall:

(a) pay all such present and future rates and taxes with respect to the Premises;

(b) provide sufficient heating and/or air conditioning to maintain a temperature consistent with the OWNER’s usual standards;

(c) keep the common areas, outer walls and roof of the Building in proper structural repair;

(d) keep the common areas in the Building clear and well lighted; (e) employ competent janitors and cleaners to keep the Building and Premises reasonably

clean and dusted;

(f) pay electricity, gas and water charges with respect to the Premises;

(g) supply water to the washbasins and toilets in the Building;

(h) keep the Building and Premises insured against loss or damage by fire, lightning and tempest;

ARTICLE 6 – TERMINATION 601 Either Party may terminate this Lease at any time after the term by giving to the other Party a

notice of termination in writing not less than thirty (30) days prior to the date stipulated in that notice as being the effective date of termination.

602 The Museum shall vacate the premises on or before the effective date of termination.

603 Upon termination no further payments are payable for the Premises by the Museum except those

monthly installments for the months prior to the effective date of termination.

ARTICLE 7 – INDEMNITY 701 The Museum shall indemnify and save harmless the OWNER from and against all claims in any

manner arising out of or connected with anything done by the Museum, its employees, agents, invitees and leasees pursuant to this Lease, whether due to tort or breach of contract.

702 The OWNER shall indemnify and save harmless the Museum from and against all claims in any

manner arising out of or connected with anything done by the OWNER, its employees, agents, invitees or non leasees whether due to tort or breach of contract.

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ARTICLE 8 – NOTICE 801 Where in this Lease any notice is required or authorized to be given, that notice shall be in writing

and may be sent by registered mail, by courier, by telegram, or delivered in person addressed as follows:

(a) to the OWNER:

The Corporation of the Township of Muskoka Lakes P.O. Box 129, 1 Bailey Street Port Carling, Ontario P0B 1J0 Attention: Cheryl Mortimer, Municipal Clerk, Tel. (705) 765-3156

(b) to the Museum (at the address shown in Article 202):

Muskoka Lakes Museum P.O. Box 432 Port Carling, Ontario P0B 1J0 Attention: Douglas Smith, Museum Curator

802 The above addresses may be changed from time to time by written notice of change of address

to the other Party. IN WITNESS WHEREOF the OWNER has affixed its seal duly attested by the hands of its proper officers on its behalf, and the Museum has set his hand and seal.

) THE CORPORATION OF THE ) TOWNSHIP OF MUSKOKA LAKES,

) Per: ) ) __________________________ ) Alice Murphy, Mayor ) ) ) __________________________ ) Cheryl Mortimer, Clerk ) SIGNED, SEALED AND DELIVERED ) in the presence of ) ) _____________________________ ) ___________________________ Witness Douglas Smith, Muskoka Lakes Museum

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: Emergency Services Monthly Activity Report RECOMMENDATION: For informational purposes only. APPROVALS: Date Signature

Submitted By: Richard Hayes, Fire Chief Oct, 2013 Original Signed by R. Hayes

Acknowledged: Chris Wray, CAO Oct, 2013 Original Signed by C. Wray

INTRODUCTION: This monthly report provides an overview of the activities of the Emergency Services. This deals with Fire Service, Emergency Management, and By-Law. Emergency Responses: From September 1, 2013 until September 30, 2013, the Fire Department has responded to 37 calls for a total of 419 this calendar year. This is compared to 427 calls last year to the same time period. During this period to note, we attended to 2 Structure Fires totalling $425,000 in property and contents and 1 Vehicular Fire, which was located in a garage. This fire was contained to the vehicle causing $2,000 in damage.

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Page 2

Capital Expenses: We continue to work on the 2013 approved Capital Expenses. There are a number of items yet to be accomplished. Work continues with the tender process for the replacement of Rescue 5 (Minett) with other fire departments. Administration: It is without question that the office is an extremely busy place. It is difficult to balance customer service with daily duties. We are working to find efficiencies within the office to ensure matters pertaining to our core services are addressed. One such efficiency is to utilize our firefighters as Deputy By-Law Officers to patrol areas and venues. Not only will this provide the training necessary and build for succession planning, but this will allow the By-Law Officer to concentrate on other matters. The selection for the Full Time position for the By-Law and Property Standards/Emergency Services Officer has concluded. Ryan Konrad will be commencing his employment with the Township of Muskoka Lakes on October 16th. Ryan comes to the Township from the Town of Tillsonburg Fire Department where he was the Fire Prevention and Training Officer. With his completion of the Fire Prevention Officer Diploma program and his experience Ryan has proven to be the ideal candidate for our Township. Please welcome Ryan to the Township. Council has provided the Fire Chief with direction to partner with the community for various purchasing needs. This request has been worked on with the firefighters and numerous fundraising initiatives have taken and will take place. To note, Committee will recall the donations that were made to the Township of Muskoka Lakes Fire Department Station 9, Milford Bay in the last round of meetings. These

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Page 3 donations totalled $3,000. Further donations have been received from the Canadian residents of the Milford Bay/Beaumaris area. Thirty Two residents contributed to this fundraising initiative and provided a total of $98,963.61 to the Muskoka Lakes Fire Department Station 9, Milford Bay. In this contribution was a special fundraiser sponsored by The Bent Rudder in Port Carling that provided an evening of live music. The American contingent of the Milford Bay/Beaumaris area will also be contributing to this initiative, which is expected within two weeks of the writing of this report. A total amount may be available for Committee at the time of meeting. Their aim is to aid in the support of a replacement Pumper/Rescue Apparatus. Further reports on this matter will be presented during the 2014 budget review process. Training: Regular scheduled training nights have been set to have the north side of the Township train on the first and third Wednesday evening and the south side of the Township train on the second and fourth Wednesday evening. This change in schedule promotes the opportunity for the stations to work together in their training. This continues to occur and is proving successful and driving us to a more unified fire service. The Ontario Association of Fire Chiefs are working hard in their committees along with the Ontario Fire Marshall’s Office to approve the guidelines for the new revised courses. We are awaiting direction for the Ontario Fire Marshall to see what the new guidelines will be. The Fire Chief continues to sit on the committee for the development of the Company Officer Level III and IV programs. Recent planning meeting moved the development of the programs ahead. It is anticipated that course packages should be available prior to the New Year. Emergency Management The Fire Chief has been in contact with various members of the train industry. The current information that we have is that CP travels through Bala. The track speed for this area is a maximum of 50 mph. CN travels through Torrance with a maximum track speed of 40 mph. Track speed is determined by the grade of track, the better the track, the faster the limit. The contact from Transport Canada indicates that the track speed is set by legislation. It is Transport Canada that monitors the track speeds to ensure trains are in compliance. If it is Council’s wish to petition for a change in track speed then such a petition would have to be with the rail companies directly. The rail companies would then voluntarily impose their own restrictions. The information on how to proceed has not yet been gathered but work will continue. In order to be compliant with the Emergency Management Act, plans are being prepared for an annual exercise and plan review for the end of October, beginning of November. We are looking to have a table top exercise centered on a train derailment. By-Law/Fire Prevention/Public Education:

Past Events • Milford Bay Firefighters Annual Golf Tournament - September 8th • Beacon Bible Camp Day September 14th

Upcoming Events • Cranberry Festival October 19th-20th • Recruit Open House November 5th • Annual Firefighter Appreciation and Awards November 28th

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Page 4 The By-Law Department has started to see a decline in service calls due to the season. Being that the current Part Time By-Law Officer is transitioning out of the role, there have not been many new files opened. Detailed metrics continues to be recorded on an ongoing basis indicating the full value of this position. The Fire Chief is continuing to work with the District of Muskoka to identify key By-Laws whereby our By-Law Officers would/could enforce. This collaborative approach will provide a level of continuity in enforcement and management of the respective By-Laws thereby effectively bettering customer service and professionalism. The Fire Chief was a part of the Rooming House By-Law Committee and provided information pertaining to the Ontario Fire Code requirements. During the Committee of the Whole meeting in July direction was given to commence working on an updated Sign By-Law. This work has commenced by gathering information from different levels internally and externally. Senior management, District management, community members and business owners have offered input. We would welcome any comments from members of Council. It is anticipated that further information will be gleaned from the community by way of direct questions in various media formats. These plans are not yet finalized but are being looked into. The By-Law activities for September 1 2013 to September 30 are show in the chart below.

Dog Tags

Kennel Licenses

Dog Incidents

Parking Tickets

Noise Complaints

No Transient License Obtained

Boat unattended

Dock Commercial

Use

0 0 4 0 2 0 1 0

Site Alterations

Property Standards

Site Plan

Agree Camping Sign

Complaint Parking Tresspass Taxi Complaint

2 0 0 0 0 2 0 0

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COMMITTEE OF THE WHOLE AGENDA REPORT

TO: Mayor Murphy and Members of Committee of the Whole MEETING DATE: October 22, 2013 SUBJECT: FUNDING APPLICATION – FEDNOR YOUTH INTERNSHIP 2014-2015 RECOMMENDATION: Committee of the Whole recommends to Council that staff to proceed with the application APPROVALS: Date Signature Submitted by: Molly Ross, MEDC Oct. 15, 2013 Original Signed by M.Ross Acknowledged by: Lisa McMurray, CEDC Oct. 15, 2013 Original Signed by L.McMurray Approved By: Chris Wray, CAO Oct. 15, 2013 Original Signed by C.Wray

SUMMARY: Update on funding application for 2-year FedNor Youth Internship ORIGIN: Sept 17, 2013 Committee of the Whole CAO report BACKGROUND: As previously reported, staff have met several times with a FedNor

representative to develop an application to fund a two-year Youth Internship position to support economic development activities for the Township. Under the FedNor Youth internship program guidelines, the Township would be eligible for funding of up to 90% related to salary costs and up to 50% for project-related activity costs for that 24 month period.

Staff has now completed a draft Phase One application, which includes a

proposed budget and work plan. If this Phase One application is approved by FedNor, then a more detailed application is required at Phase Two (2). The following is a summary of the proposed position description, work plan and budget:

Position Description Working with current Township Economic Development Staff for mentoring and supervision, the intern’s role will focus on activities related to:

A) Implementation of an local economic competitiveness and investment attraction plan , and

B) Business development activities to support planning for a collaborative community project (Brock and Willa Wellness Centre) that will incorporate local tourism development elements (including waterfront development and tourism attraction). Report from the MEDC Re:

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Work Plan The youth intern will support economic development activities related to: A) Local Competitiveness and Investment Attraction Plan Implementation: Intern activities: compiling a land and space inventory, followed by key sector

matching and development of a marketing strategy to promote available inventory and other resources. This work will also include a business and community profile update, as well as baseline research for future metrics.

Rationale: Part of the CED planning process revealed that there is no inventory of land and

space currently available, and the Township's community profile data has not been updated in many years. As such, prospect and business development strategies are not currently in place to support investment attraction in the Township. In order to effectively attract new investment and leverage local resources, it is essential that the Township compiles an accurate and up-to date inventory of available land and space. This will allow the Township to craft an effective and measurable strategy to promote these assets is possible.

B) Brock and Willa Wellness Center Business Development and Planning Intern activities: project coordination (meeting coordination, steering committee

administration), role of Township liaison to link collaborating community partners, partnership development, business model research, execution of communication strategy to raise awareness of the project in the community.

Rationale: A group of collaborative stakeholders in the community are working closely with

the Township to plan and develop the Brock and Willa Wellness Centre. This wellness centre development is being designed to incorporate several waterfront and park development elements that will enhance the waterfront in the downtown business core in Port Carling. The proposed waterfront and downtown enhancements attached to the project will help stimulate tourism in the downtown waterfront area, and should stimulate significant economic impact in the region As such, the BWWC project is aligned with the Township’s economic development priorities.

This internship position will supplement current economic development activities

and will alleviate some strain on current staff, caused by surplus workload related to expanded community and economic development priorities in the Township. See Attachment A) Detailed Work Plan for more information.

Budget Assuming an internship start date of January 1, 2014, running through to December 31, 2015 (24 months) Project Cost FedNor Funding

Request Township

Contribution Total for 2 yrs.

Salary and employee benefit costs ($35,000 / year)

$63,000 ($31,500/year

$7,000 ($3,500/year)

$70,000

Project-Related Activity Costs Travel and accommodation Promotional Materials Professional Services

$15,000 ($7,500 /year)

$15,000 ($7,500/year)

$30,000

Totals $78,000 ($39,000/year)

$22,000 ($11,000/year)

$100,000

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Prior to submitting the Phase One application to Fednor, staff seeks

endorsement of the proposed application from the Committee of the whole, based on the proposed budget and work plan.

FINANCIAL: Under the proposed work plan and budget, considerations for this internship

should be incorporated into the 2014 budget deliberations. This consideration should include staff resources, associated advertising and marketing costs.

ATTACHMENTS: DETAILED YOUTH INTERNSHIP WORKPLAN

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ATTACHMENT A

Project Task Time Frame

Anticipated Results Supervisor / Mentor

Method of measuring results

A) Business Development: Local Competitiveness and Investment Attraction Land and Space Inventory

Jan-March 2014

An accurate inventory of current land and space available for investment and development will be created. This inventory can then be matched with sectors identified during 2013 CED strategic planning process as being strong growth opportunities / priorities areas for development. This inventory will then be promoted to both local and external prospects

Community and Marketing Economic Development Coordinators

Land and Space Inventory Completed

Prospect Development through Key sector matching

Mar-June 2014

Matrix of potential investors and available investment opportunities will be compiled and then prioritized by greatest opportunity to stimulate growth and/or new investment

Community and Marketing Economic Development Coordinators

Prospects for investment identified Key Sector Matching Matrix created

Draft Marketing Strategy

July-October

A strategy to promote land and space inventory and other investment resources will be completed / approved in time for 2015 budget considerations.

Community and Marketing Economic Development Coordinators

Strategy Drafted and budget items to execute strategy will be included in budget for 2015

Business and Community Profile Update

October-December 2014

The current community profile will be updated and expanded to showcase/feature business development and investment opportunities in the Township

Community and Marketing Economic Development Coordinators

Updated Profiles

Execute Marketing Strategy

January –December 2015

The marketing strategy established in 2014 will be executed to promote the opportunities and inventory identified. This will include using a variety of tactics including media relations, digital media, promotional materials, open house/inventory showcase events, etc.

Community and Marketing Economic Development Coordinators

Marketing Strategy executed

Evaluation of Land and Space Investment Attraction Program

October-December 2015

Baseline Research that was established in the 2013 CED strategic planning process will be reviewed to determine any growth and measure performance of the Land and Space program.

Community and Marketing Economic Development Coordinators

Evaluation reports to Council in 2014 and 2015t

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ATTACHMENT B B) Business Development: Brock and Willa Wellness Centre Project Project coordination (meeting coordination, steering committee liaison)

January 2014-December 2015

Acting as the Township liaison to community partners, the Business Development intern role will be used to establish a formal links between collaborators and coordinate the planning and development process through project completion.

Community and Marketing Economic Development Coordinators

Number of meetings coordinated, feedback from steering committee.

Partnership Development

January 2014-December 2015

Working with the steering committee and other wellness Centre collaborators, the Intern will identify and develop new partnerships to support success of the Wellness project. Partnerships to support the project could include (contractors, community groups, private/retail businesses

Community and Marketing Economic Development Coordinators

Number of Partnerships established and/or expanded

Business Model Research

January 2014-May 2014

Research into potential models for the wellness centre to determine model best suited to long-term operational needs, including exploring a revenue generating social enterprise model that includes a mix private, public and non-profit partners/tenants.

Community and Marketing Economic Development Coordinators

Business model research and analysis completed Recommendation report for business model to Council in 2014

Development of Communication Strategy

January-March 2014

Development and execution of communication strategy to raise project profile in the community and with potential partners and investors.

Community and Marketing Economic Development Coordinators

Communication Strategy Approved

Execution of Communication Strategy

April 2014-December 2015

Execution of the approved communication strategy will include a variety of tactics including media relations, special events, marketing materials, social media and website.

Community and Marketing Economic Development Coordinators

Communication Strategy Executed (specific results to be determined once strategy and tactics are drafted and approved)

Performance and Impact Measurement

June 2014-December 2015

Establish a framework for measuring performance & economic impact of community asset development projects for decision-making and resource allotment for future community collaborative projects.

Community and Marketing Economic Development Coordinators

Performance measures framework established Performance/Impact reports to Council annual (2014-15)

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