Lake Waseosa Ratepayers' Association

L.W.R.A AGM Minutes - July 12, 2008 9:30AM

Attendance: President Bruce Howlett, Secretary and Vice-President Dwayne Verhey, Director Cam White, Director Tony Doob, Treasurer Richard Harris, Lake Plan Review Committee Chair Ross Price.

Membership at Large: 38

Guests: Kelly Mathews, CDA, Gary O'Connor, CDA and Duncan Ross, Architect for the CDA

Regrets: Steve Scholten, MNR

1. Welcome.
President Howlett opened the meeting at 9:49 am, welcoming all in attendance. He reminded everyone about the voting procedure, location of the facilities and the refreshments. He notified members that the agenda for the day was posted on the wall and asked if there were any additions. None were proposed. He thanked Ray and June Jones for the use of their property and Ellie Hamilton for providing the muffins. No new members were present for introduction.

2. Reading of minutes of previous AGM
Minutes of the 2007 AGM were read and confirmed on motion by Tony Doob and seconded by Larry Blaine.

3. Treasurer's Report
Richard distributed copies of the financial statement to the membership. As of January 1, 2008 the Association held $3280.66 in the bank. This is an increase over the previous year of $207.22. Confirmed on motion by Cam White and seconded by Tony Doob.

4. Business arising from previous minutes

a. Jessop lake dam

President Howlett updated the membership on this issue. He gave a brief history of the issue and the steps taken to resolve it. The issue was resolved when beavers built a new dam. All sides where willing to accept that beavers were a natural occurrence in establishing the lake level.

b. Cottage watch /Neighbourhood watch

LWRA has not pursued this issue further. Members are encouraged to watch out over their neighbours properties.

c. Peiper severance

Director Doob updated the membership. He started with a brief history, indicating this has been going on since 2003. Over the past year, Pieper's appeal was turned down by the OMB but in March 2007 they appealed for a review. In August 2007 a review panel convened and decided to reopen issue. The LWRA Board decided to appeal that decision to the Ontario Divisional Court where there are defined rules. In Jan 2008 our leave application was heard at Osgoode Hall in Toronto, where we were represented by Chris Paliare. Director Doob and Barney Dales also attended the hearing It was a surprise to all that the session lasted an entire day. Pieper's presentation was as expected but Director Doob was surprised that the District of Muskoka's lawyer seemed to be arguing that a small amount of pollution didn't matter - 1 to 3 houses make little difference in the overall pollution entering the lake. The District also argued that the precautionary principle as interpreted by original OMB was irrelevant. Finally, the District argued that development in general does not affect the level of phosphorous in the lake.

We won at the Divisional court, and are asking for costs from both Pieper and the District of Muskoka. A hearing before a full panel is to be held this December 1st at 10:00am at Osgoode Hall in Toronto. Arguments are likely to be similar as at the leave application hearing.

Since the original hearing, some things have changed. The new zoning bylaw for Huntsville should favour us if this case goes back to OMB. Time may also favour us as society gradually becomes aware of the phosphorous issue. Though we are confident that we have a very strong case, we cannot be certain of a win but at a minimum we have sent a message that we are concerned and will scrutinize any future similar events where development may be occurring in a way that may harm the lake.

Question from the floor was if there is a committee dealing with this issue. Director Doob explained that he is the point person with the lawyer, but that all information comes back to the Board and all decisions are made by the Board.

d. Buoys

President Howlett gave a history of the buoy issue. In the past some Associations had been sued over illegal private buoys so the LWRA decided to suspend placing our yellow balls. At our invitation, the Department of Fisheries and Oceans visited lake and gave us specifications for required buoys. The cost of meeting those specifications and insurance was prohibitive and the LWRA decided to cease marking the hazards.

President Howlett read a report from Bill Somers, President of the Huntsville Lakes Council outlining HLC's involvement. The original prototypes built locally were too heavy to be handled and the local manufacturer indicated he was unable to meet the required specifications and weight. After many meetings and research, a lighter buoy design was sourced and obtained by the Town of Huntsville. They are owned and insured by the Town but President Howlett explained that the Association is responsible to install and remove

e. Fun Day trophy

President Howlett informed the membership that the missing trophy was found, so it was unnecessary to accept the Edwards family offer of a replacement.

f. Web site

VP Verhey gave a brief overview of the new e-mail announcement list software that the Association has started using. He then gave a brief synopsis about the prospect for wireless high-speed internet service coming to our area, indicating that further details are posted on our website. FedNor has provided Muskoka Community Networks with funding to build the system. MCN has contracted Core Broadband to build the infrastructure. They will need to erect transmission towers in the area to relay the signal to the central tower. They may erect one 200' tall tower with 180' radius guy wires or two to three 100' guy-less towers. They are willing to consider suggestions about tower locations from the LWRA. One suggestion has been the road allowance off East Waseosa Lake Road. Members should forward any suggestions to the Secretary as soon as possible.

There was a question from the floor about the existing tower and if it could be used. VP Verhey explained that the tower is owned by the CBC and that the lease rates charged would be exorbitant. Core found it would be cheaper to erect their own.

There was a question from the floor about the possibility of wired high speed service, as Bell is reputed to have fibre optic cable along highway 11. VP Verhey explained that the information was correct and that the existing copper wiring from the highway could potentially support high-speed access for a distance of 4.5 to 5 kms of wire. This might reach to South Waseosa area via the submarine cable under the lake. However, the switch gear interfacing the fibre and the copper is not the correct design. Bell advised us that the required switch cost was tens of thousands of dollars and they could not justify the expense for the number of potential subscribers. We now understand that the required gear has dropped significantly in price and Bell is also testing a new design low-cost switch, so this situation may change in the future.

President Howlett addressed a question to Councillor Brian Thompson about permits for transmission towers. Councillor Thompson advised us that telecommunications towers fall under federal jurisdiction but the companies do work with the Town as a courtesy. He was unsure what permits might be required for a private tower if one was required to receive the signal.

g. Septic tank re-inspection

President Howlett reports that he has again contacted Mike Gooch at the Town regarding this issue. The response from Mr. Gooch included a map showing which properties have been inspected. Mr. Gooch admitted that the process is taking so long they can't commit to completion by 09

President Howlett confirmed that the Association can act as the complainant regarding septic problems where a person is concerned about creating problems with neighbours. We will need specific details to complete the form. Once we have submitted it, the Town will investigate to see if they consider the issue to be a problem.

There was a question from the floor about how to know if there is likely a problem with a system. President Howlett responded that he was no expert, but that obvious signs such as odour, soggy ground or a first-hand knowledge about the original installation might be good indicators.

h. Membership

Director White, who chairs the Membership Committee prefaced his remarks by saying they were not really aimed at those present, but rather towards those who are not present. He pointed out that only about half of eligible residents are actually members of the Association. He outlined the responsibilities we all have towards the lake. He discussed the impact of the lake's condition on property values. He asked for volunteers to help raise awareness and recruit members to the Association.

A question from the floor asked if we can communicate the impact of lake condition to people before they are approached. Director White responded that in many cases, it might appear to be sensationalizing or blackmail. He felt a personal approach was the best solution.

A question from the floor asked if a summary of current LWRA programs could be posted to website. VP Verhey indicated that was no problem and would be done.

A question from the floor asked if LWRA membership is dropping, and if so, are we approaching former members to find out why they left. Director White indicated that the membership has dropped from a high of approximately 125 a few years ago to the current level of approximately 80 these past few years. Two main issues were identified: first was the increase in dues to $25.00. Some people just couldn't accept that increase. The other issue seems to be complacency. People are happy with the current state of affairs and have no motivation to participate when they have limited time to enjoy the cottage.

Barney Dales offered the suggestion that the Membership Committee should separate membership recruitment into two issues - pursue lapsed members to try and bring them back and recruit new members.

Director White indicated the Corn Roast will be held August 30th this year. He is recommending the time change to 1:00pm to 4:00pm.

He is also seeking prizes for draw. Anyone who can donate should contact him directly.

President Howlett indicated that he has spoken to Dave West, who hosts the Corn Roast and the Wests are amenable to the change. On motion by Bruce Howlett and seconded by John Forder it was approved to change the time of the Corn Roast this year.

i. Policy Committee Report

i. VP Verhey reports that the Policy Committee has had a busy year with the development of the new Comprehensive Zoning By-law process instituted by the Town. There were a number of concerns we had with the original draft, chief among them being a reduction in setbacks from the shores of our four lakes. We attended the pubic meetings, carefully studied all the documents and drafted a set of recommendations based on preserving the protections we have won over the years. We are happy to report that most of those recommendations have been incorporated into the final wording. Most of the properties fronting on these four lakes have been zoned "SR-5". Some points of interest that apply to SR-5

· No further subdivision of our properties will be allowed, no matter what the size of the existing property.

· Right now, development on existing vacant lots is frozen with a "holding" designation. Eventually, development on those lots will only be allowed provided they are greater than 1,350 sq. meters (14,530 sq. ft).

· The minimum setback from the water is 30m (100'), which contains the "shoreline buffer zone". A shoreline buffer extends across a minimum of 75% of the waterfront at a minimum depth of 15m. (50') measured from the shoreline. The lands located within a shoreline buffer are to be maintained in a natural state except for the removal of dead and decaying vegetation and a 2m. (6.6') wide pedestrian pathway from the dwelling, building or structure, to the shoreline.

· Maximum building height is 9m (30').

· No more than 3 roofed accessory buildings (eg: boathouse, bunkie, woodshed, garage, etc.) They may be combined (for example, one could have the Bunkie over the garage or the pump in the boathouse)

There are a number of other items that are now controlled under this new by-law, including size and location of docks, bunkies, pumphouses, decks, gazebos, basement walk-outs and the use and storage of trailers. A summary of all these items is posted on the LWRA website and a printed list is was posted on the board for members to review after the meeting.

ii. The committee is also working on a lake-specific Official Plan Amendment to have the principles of our Lake Plan entered into the Town's Official Plan.

iii. We are following the current debate over debt reduction very closely and have done considerable research on the issue. For example, since 1972, there have been a total of 221 building permits issued for Waseosa properties. 30 were for new construction - everything from a Bunkie to a new home. 74 were for renovations and additions. 117 - over half of all permits issued - were for septic system upgrades. In addition, while the cost of septic lagoons are partially subsidized by the general tax base, the total amount and the proportion is far below the rate that the public systems are already subsidized by the general tax base.

We are taking the position that our members have paid and continue to pay our share of the cost of water and septic services. It is unreasonable for us to be expected to increase the subsidy that rural owners already pay for servicing urban areas. We worked with the HLC to author a letter to the District and will continue to work with them in this arena.

j. Fish Committee

i. The MNR has advised us that they plan to stock Rainbow trout in Waseosa this fall. The last time they stocked anything in one of our lakes was 3 years ago.

ii. In 2005, the LWRA commissioned Bluewater Biosciences to conduct a limnological survey of the lake. During the sonar transect, they noted a population of what appeared to be Lake Trout, and mentioned the importance of this species. We approached the Ministry about the possibility of resuming Lake Trout stocking in Waseosa. MNR fish biologist reviewed Bluewater's data and agreed that the sonar results appeared to be lake trout. He indicated the MNR would consider it if a netting program proved that the fish really were lake trout. We were not in the current budget, but he thought it might be possible to sneak us in if we provided some assistance. We had also been talking to the Ontario Federation of Hunters and Anglers, and they said they could help out too.

It would mean that Waseosa would be designated as a managed Lake Trout lake. This has caused some dissention on other lakes because it means that the MNR may impose restrictions on new development. The MNR looks at the water quality from the perspective of dissolved oxygen concentration. Standard restrictions on new development include a minimum 30m (100') setback from the lake, minimum 90m (300') setback for new septic tile fields with a minimum 3m of undisturbed natural soil and a 30m (100') shoreline buffer zone.

Since Waseosa is already subject to very similar restrictions under the District and Town official plans, it appears there would be little or no difference here. The two biggest differences are the increased setback for septic beds and the increased shoreline buffer zone.

It now appears that the MNR is not going to be able to survey the lake this year. Steve advises that it may be 2010 before they can get to us. If the OFHA is willing to assist, we could proceed with a netting survey on our own. The MNR would require both strong evidence that the lake can support a productive Lake Trout population and strong public support before deciding to proceed with a stocking program here.

iii. Our search for volunteers to join the Fish Committee brought forth four interested people. Two are from back lots and one is from Palette Lake.

k. Lake Plan Review Committee

Chair Ross Price introduced the members of the committee. He indicated that they have met twice and gave a brief overview of how the Committee was set up and it's objectives. Mr. Price said it's function was to act as auditors of the Lake Plan with two objectives: to review the contents of the current Plan and to identify items that should be included in the Lake Plan, reporting their findings back to the Board of Directors.

l. Fun day

President Howlett indicated that we need a volunteer or volunteers to take over as co-ordinator of Fun Day. He stressed that this is an important part of life on the lake that is anticipated eagerly by the membership. The past co-ordinator, Kerry Ball will assist the new co-ordinator to learn the job as part of the transfer.

The Fun Day is to be held at the Hamilton's/Jones properties on Saturday August 2, starting at noon.

m. Stewardship

i. President Howlett described the Benthos testing program - we have now completed our 5th year in this program. He recognized the volunteers that have come out to help. He outlined how the bugs are classified according to their sensitivity. He reports that the results we got back this year shows Waseosa compares well to other lakes of this size.

ii. President Howlett described the Secchi disk monitoring that we do as part of the Lake Partner Program.

5. New Business

a. F.O.C.A & H.L.C dues

President Howlett described our membership in these two umbrella organizations. Treasurer Harris informed us that the HLC dues cost us $25 per year and that the FOCA dues are based on our paid membership. He has not received this year's rates but estimates the dues will cost approximately $300. On motion by Diane Howlett and seconded by Marjorie Bower continued membership in these two organizations was approved.

b. L & P products

VP Verhey gave an overview of this program, indicating that Bill Somers had put many hours into researching the products and arranging the group buy with L&P. They are a Huntsville company that normally sells only to industrial, commercial and governmental customers but agreed to sell 1 litre containers to us in case lots. The LWRA conducted a survey of members to determine which products were of greatest interest. We took advance orders for the products selected but we had some additional bottles from the part cases available for sale. We can repeat this program as required throughout the year.

A question from floor asked if they made a laundry soap, and if so could it be offered as well. VP Verhey responded that they make a product in a dissolving single-use packet that might not be suitable for front-load machines. Will investigate member interest in this product and minimum purchase quantity. We can offer it too if it seems feasible.

c. Canada Post

President Howlett gave a brief overview of the Canada Post rural mailbox safety program. He outlined the results of a meeting we had with Canada Post officials. He discussed the options that people who are receiving notices that they will no longer receive mail at their box have. Specifically,

· they can opt to receive mail at one of the four new Community Mail boxes that Canada Post will be installing;

· they can opt to receive mail at a post office box in town that will be provided free of charge;

· they can "cluster" their own mail box with neighbours at a site previously deemed acceptable by Canada Post

· if there is a group mail box (green) nearby with empty spaces they can approach the local post office and ask to have their mail delivered there.

There was a question from the floor asking where the new Community Mail boxes would be located. President Howlett indicated that he didn't have the information with him at the AGM but it was posted on our website.

There was a question from the floor asking if one's mailing address would change if the box was moved to a cluster or if one chose the Community Mail box option. President Howlett indicated that the mailing address would only change if one opted for a post office box in town.

A question from the floor asked if group boxes can be changed to Community Mail boxes. President Howlett indicated that eventually the group boxes would be phased out as they deteriorated. Canada Post might choose to replace them with Community Boxes or might require users to move to an existing site.

d. Pleasure Craft Operating Card

VP Verhey gave a brief overview of the history and legal requirements. The LWRA would be offering both a course of instruction and testing-only options to persons in the area who have yet to obtain theirs. Members and their families will receive a substantial discount. Testing alone was being offered at Canadian Tire this past weekend for $50 per person. LWRA members will pay only $15 for testing or $25 for a 4 hour course and testing. ($25 and $45 respectively for non-members)

6. Elections

a. President Howlett indicated that elections would be held prior to the Huronda presentation to allow them as much time as might be required. He informed the membership that 3 positions were now vacant:

· Two (2) for terms completed - Howlett and Verhey

· One (1) for to replace Sandy Sebastian, who resigned.

He explained that Tony Doob and Cam White were one year into their two year term and that Treasurer Harris is not a Director but is appointed by the Board of Directors.

b. Bruce Howlett and Dwayne Verhey were nominated by Brian Thompson and seconded by Tony Doob

John Forder was nominated by Diane Howlett and second by Tony Doob. President Howlett asked each if he would stand for election and all affirmed their willingness to serve. President Howlett called for additional nominations and none were forthcoming. President Howlett then called for a vote to confirm the election of the slate of new Directors.

By a show of hands, the slate was elected unanimously.

7. Camp Huronda presentation

a. Kelly Mathews, Director of Ontario Camps and Youth Programs for the Canadian Diabetes Association opened their presentation with an overview of CDA camp programs in general, how Camp Huronda operates, the programs they offer and the demand for services.

Gary O'Connor Ontario Director of the Canadian Diabetes Association gave an overview of their expansion plans and zoning issues.

Duncan Ross, a local architect hired by the CDA to oversee the expansion provided conceptual site drawings and was on hand to answer technical questions.

They provided all with a handout covering the highlights of the above. During the presentation they indicated that they currently host 92 campers and 80 support staff per day (172 total) while sessions are going on. This is the limit of their current site plan and zoning. To meet the demand and shorten the waiting list, they propose to grow this to 136 campers and 124 support staff (260 total). They have also begun to extend their season, adding a family camp in the last week of August and some weekend retreats in the spring and fall.

To accommodate the increased population, it will be necessary to extend the existing cabins and to construct two new buildings. Also, while testing demonstrates that their existing septic systems are in good order and no threat to the lake, expansion will require a new tertiary septic system. One of the new buildings will be to house the tertiary system, the other would be an overflow building to accommodate the additional staff. The existing site plan agreement imposed under their zoning precludes this expansion without a public process.

The floor was opened to questions following their presentation.

They were asked about plans for their other property. Mr. O'Connor indicated that they have no plans to build on either their southern lakefront property or their back-lot property. The southern property is used as an "off-site" recreational facility for campers and they plan to leave it in a natural state.

They were asked if they would they ever consider selling that property. Mr. O'Connor replied that he could not guarantee "forever" but that it was not in their current plans.

They were asked about motorboat use. Ms. Mathews explained that they have 2 motorized boats: one small aluminium boat for emergency use and one pontoon boat for tours of the lake. Mr. O'Connor explained that their philosophy called for healthy exercise, so they provide canoes and kayaks rather than motorized craft.

A question from the floor was asked of the Directors how support for the Camp Huronda expansion would affect our position against the Pieper development proposal in court. Director Doob explained that we have made our support clear during the OMB hearings and in fact used it to illustrate that we are not against all possible development; that our opposition to the Pieper proposal stems from the unsuitability of that particular proposal.

b. On motion by Glen Miller, seconded by Barney Dales the Board is authorized to continue working with the CDA in support of their expansion plans.

8. G8

While not an item on the agenda, a question was raised from the floor about the impact of the upcoming G8 conference on our area. President Howlett advised that we have little information as yet, but that it is our understanding that the Deerhurst area will be sealed off. Our area should not be a part of the security perimeter.

9. Motion to adjourn: by Tony Doob at 11:47am.

Minutes prepared by Dwayne Verhey, Secretary.