Dysart Et Al AGENDA Regular Council Meeting

The Municipality of Dysart et al AGENDA Regular Council Meeting

September 22, 2014 9:00 a.m.

Page

1. ADOPTION OF AGENDA

2. DISCLOSURE OF PECUNIARY INTEREST

3. ADOPTION OF MINUTES FROM PREVIOUS MEETING 4-18

4. FINANCE DEPARTMENT 19 August 2014 Cheque Summary. 20-21 Monthly Revenue/Expense Report as at August 31, 2014. 22 Metered Sewage Readings Report - August. 23-24 s.357 and s.358 Tax Adjustments.

5. DELEGATIONS 9:30 a.m. - Charlie Teljeur Re: Haliburton Hockey Hall of Fame. 25-28 9:45 a.m. - Alex Bell Re: Haliburton Zombie Walk & Food Drive.

6. FIRE DEPARTMENT 29 Fire Department Report - August.

7. ROADS DEPARTMENT 30 Roads Department Update. 31-35 Draft - Boundary Agreement for Roads and Bridges with the Municipality of Highlands East. 36-42 By-law No. 2014-81 - Being a By-law to authorize the execution of a Winter Services Agreement with the County of Haliburton.

8. ENVIRONMENT 43 Landfill Tipping Fees Report - August.

Page 1 of 170 Page

9. PARKS AND RECREATION DEPARTMENT 44-45 Parks and Recreation Update. Resolution Re: Emmerson Dam Historic Plaque.

10. BUILDING AND BY-LAW DEPARTMENT 46 Building Permit Report to August 31, 2014. 47-48 By-law Department Report - August.

11. ADMINISTRATION 49-51 Environment and Green Energy Committee Re: Minutes of August 5, 2014 Meeting. 52-54 Housing and Business Development Committee Re: Minutes of August 5, 2014 Meeting. 55-56 Museum Advisory Committee Re: Minutes of August 14, 2014 Meeting. 57-59 By-law No. 2014-82 - Being a By-law to authorize the execution of a Land Use Agreement with TPS Haliburton Holdings Inc. and SIRCH, (Thrift Warehouse). 60-71 By-law No. 2014-83 - Being a By-law to Establish a Joint Compliance Audit Committee. 72 Haliburton BIA and Haliburton & District Lions Club Re: Santa Claus Parade Road Closure. 73 Rails End Gallery and Arts Centre Report - September.

12. PLANNING AND DEVELOPMENT DEPARTMENT 74-80 Applications and Approvals:

1. Zoning By-law 2014-76, Lands of Cresswell and Salvatori, Hammer Lake/Haliburton Lake Road, Township of Harburn. 81-89 2. Lands of Brannigan, Hwy 118; Township of Dysart: (a) Zoning By-law 2014-77;

90-99 (b) By-law 2014-78, Execute Garden Suite Agreement. 100-106 3. Lands of Hunter, Klondike Road, Township of Guilford: (a) Draft Zoning By-law; 107-116 (b) Draft Severance Agreement. 117-130 4. By-law 2014-79, Authorize Execution of a Severance Agreement, Lands of Mathies, McCormick et al, Drag Lake, Township of Dudley. 131-135 5. Request to Amend Landscape Plan, Site Plan Agreement, Granite Cove, Park Street, Township of Dysart. 136-140 6. By-law 2014-80, Close and Convey Shore Road Allowance, Adjacent to the Lands of Atherley, Elephant Lake, Township of Harcourt.

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141-143 7. Request to Close and Convey Shore Road Allowance, Adjacent to the Lands of Hamilton, Kashagawigamog Lake, Township of Dysart. 144-146 8. Request to Close and Convey Shore Road Allowance, Adjacent to the Lands of Sharman, Kashagawigamog Lake, Township of Dysart. 147-149 9. Request to Close and Convey Shore Road Allowance, Adjacent to the Lands of Martin and Amos, Little Redstone 150-153 10. Request to Use Original Allowance for Road, Adjacent to the Lands of Bagg, Basshaunt Lake Road, Township of Guilford. 154-157 11. H-041/14, Lands of Highland Estate Development Corporation, County Road 14, Township of Guilford. 158-163 Proposals:

12. Severance Proposal, Lands of Maher, Kennisis Lake, Township of Havelock. 164-169 13. Preliminary Inquiry to Purchase Road Allowance, Adjacent to the Lands of Sawyer, Burkes Road, Township of Dysart. Public Meeting: October 6, 2014 (1017546 Ontario Inc., Billings)

13. CLOSED SESSION To discuss matters pursuant to Section 239(2) of the Municipal Act, 2001, as amended, pertaining to a disposition of land by the Municipality in the Township of Guilford and litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality.

14. CONFIRMING BY-LAW 170

15. ADJOURNMENT

Page 3 of 170

Dysart et al Council Minutes Monday, August 25, 2014

The Council of the Corporation of Dysart et al convened a meeting on Monday, August 25, 2014 at 9:00 a.m. in the Dysart et al Council Chambers with the following in attendance:

Council: Reeve Murray Fearrey Deputy-Reeve Bill Davis Councillor Andrea Roberts Councillor Dennis Casey Councillor Steve Pogue Councillor Susan Norcross Councillor Walt McKechnie Staff: Tamara Wilbee, CAO Cheryl Coulson, Clerk Pat Martin, Director of Planning & Development Barbara Swannell, Treasurer Miles Maughan, Fire Chief Brian Nicholson, Director of Public Works

ADOPTION OF AGENDA Motion No. 14-237 Moved by: Councillor Steve Pogue Seconded by: Councillor Walt McKechnie Be it resolved that the agenda for the regular meeting of the Council of the Municipality of Dysart et al held on August 25, 2014, be approved as presented. CARRIED

DISCLOSURE OF PECUNIARY INTEREST None declared.

ADOPTION OF MINUTES FROM PREVIOUS MEETING The minutes of the July 28, 2014 Regular Council meeting were circulated for review.

Page 4 of 170 Motion No. 14-238 Moved by: Councillor Steve Pogue Seconded by: Councillor Walt McKechnie Be it resolved that the minutes of the July 28, 2014 Regular Council meeting be adopted as circulated. CARRIED

FINANCE DEPARTMENT July 2014 Cheque Summary.

The Finance Committee reviewed the July accounts prior to the Council meeting.

Motion No. 14-239 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council approves the following payments: - Accounts Payable, including Cheque Nos. 21788 - 21954 totaling $1,069,262.73; - Plus Payroll Direct Deposits totaling $212,540.12. CARRIED

Monthly Revenue/Expense Report as at July 31, 2014.

The Monthly Revenue/Expense Report as at July 31, 2014 was reviewed by Council and considered information. It was noted that the Roads Department will be approximately $325,000 over budget due to the past winter season and June storm repairs.

Metered Sewage Readings Report - July.

The Metered Sewage Readings report for July was reviewed by Council and considered information.

Grant in Lieu of Taxes.

Council reviewed the staff report regarding the write-off of the municipal portion of the 2014 taxes in lieu of donations for the Rails End Gallery and Arts Centre.

Motion No. 14-240 Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council authorizes the following write-off of 2014 taxes in lieu of donations:

Rails End Gallery Roll No. 012-000-33701 $1,137.69 CARRIED

Page 5 of 170 s.357 Tax Adjustments.

Council reviewed the staff report regarding applications made under s.357, Municipal Act, 2001, as amended, for tax adjustments.

Motion No. 14-241 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council authorizes tax adjustments for applications made under s.357, Municipal Act, 2001, as amended, as follows:

Year Class Total 2013 RT $56.69 (Municipal Share: $19.34) 2014 RT $151.71 (Municipal Share: $53.91) CARRIED

Ontario Community Infrastructure Fund (OCIF).

Council reviewed the staff report regarding the Ontario Community Infrastructure Fund (OCIF) announcement. It was noted that this is a grant with up to 90% funding. Staff recommended that the Municipality submit an Expression of Interest for the rehabilitation of the Oblong Bridge as the required engineering reports have been completed and the project is shovel ready.

Motion No. 14-242 Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that Dysart et al Council authorizes staff to proceed with the submission of an Expression of Interest to the Ontario Community Infrastructure Fund (Application based component) for the rehabilitation of the Oblong Bridge. CARRIED

Small Communities Fund (SCF).

Council reviewed the staff report regarding the Small Communities Fund (SCF) announcement. This funding is based on one-third funding from all three levels of government. Staff noted that the criteria for daily vehicle counts on roads prohibit smaller municipalities such as ours to apply for funding for road rehabilitation. Therefore, staff is recommending that the Municipality submit an Expression of Interest for the replacement of sidewalks and curbs in the village area. This will provide improved new and better sidewalks for walking and support the Municipality's health, safety and accessibility goals.

Motion No. 14-243

Page 6 of 170 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Dysart et al Council authorizes staff to proceed with the submission of an Expression of Interest to the Small Communities Fund for the replacement of Sidewalks and Curbs, where required, leading into Haliburton Village. CARRIED

DELEGATIONS Miskwabi Area Watershed Plan.

Michael Giza and members of the Miskwabi Lake Plan Committee were in attendance to present the Miskwabi Area Watershed Plan.

Motion No. 14-244 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council receives the Miskwabi Area Watershed Plan prepared by the Miskwabi Area Community Association and further will take it under consideration during the next Official Plan review. CARRIED

Colourfest 2014.

Gail Stetler, Coordinator for Colourfest, was in attendance to provide Council with an update of the events taking place on October 4th. The Committee also requested the closure of a portion of York Street to accommodate a new pumpkin rolling contest.

Motion No. 14-245 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council authorizes the closure of York Street from Highland Street to Maple Avenue on Saturday, October 4th in order to accommodate Colourfest activities. CARRIED

FIRE DEPARTMENT Fire Department Report - July.

Miles Maughan, Fire Chief, presented the Fire Department report for July to Council which was considered information. It was noted that the Smoke Alarm campaign was well received.

ROADS DEPARTMENT Roads Department Update.

Page 7 of 170 Council reviewed the staff report providing an update on the Roads Department. It was noted that Wonderland Road and Hodgson Road will not be resurfaced until 2015.

ENVIRONMENT Recycled Material Report - July.

Council reviewed the Recycled Material report for July and considered it information.

Landfill Tipping Fees Report - July.

Council reviewed the Landfill Tipping Fees report for July and considered it information.

PARKS AND RECREATION DEPARTMENT Parks and Recreation Update.

Council reviewed the staff report providing an update on Parks and Recreation activities including information regarding a proposed leisure mart at the A.J. LaRue Arena/Community Centre.

BUILDING AND BY-LAW DEPARTMENT Building Permit Report to July 31, 2014.

Council reviewed the Building Permit report to July 31, 2014 and considered it information.

By-law Department Report - July.

Council reviewed the By-law Department for July and considered it information.

ADMINISTRATION Haliburton BIA Re: Minutes of June 24, 2014 Meeting.

Council reviewed the minutes of the June 24, 2014 meeting and authorized the appointment of Sharon Rowden to the Executive Committee.

Motion No. 14-246 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council authorizes the appointment of Sharon Rowden to the Haliburton Village BIA Executive. CARRIED

By-law No. 2014-66 - Being a By-law to Delegate Authority After Nomination Day of the 2014 Municipal Election.

Page 8 of 170 Motion No. 14-247 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that By-law No. 2014-66, being a By-law to delegate authority after Nomination Day of the 2014 Municipal Election, be read a first, second and third time, passed, signed and the Corporate Seal attached hereto. CARRIED

Draft Land Use Lease Agreement with TPS Haliburton Holdings and SIRCH Re: Thrift Warehouse.

Council reviewed a draft Land Use Agreement with TPS Haliburton Holdings and SIRCH for the lease of municipally owned property adjacent to the Thrift Warehouse on Mallard Road to be used for housing two storage containers. he authorizing By-law will be presented at the September Council meeting.

County of Haliburton Press Release Re: OPP Billing Model.

Council reviewed information regarding the new OPP Billing Model where it was noted that 2015 increases in Dysart result in just over $11 per $100,000 of assessment with similar increases over the next several years.

By-law No. 2014-74 - Being a By-law to Authorize and Confirm the Sale of Land (Glenn - Harcourt Township).

Motion No. 14-248 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law No. 2014-74, being a By-law to authorize and confirm the sale of land (Glenn - Harcourt Township), be read a first, second and third time, signed and the Corporate Seal attached thereto. CARRIED

General Correspondence.

Council reviewed the following correspondence items and considered them information:  AMO Re: Permanent Ontario Community Infrastructure Fund and Building Canada Fund - Small Communities Fund Announcement.  Environment and Green Energy Committee Re: Minutes of July 7, 2014 Meeting.  Housing and Business Development Committee Re: Minutes of June 2, 2014 Meeting.  Museum Advisory Committee Re: Minutes of June 12, 2014 Meeting.  Cultural Resources Committee Re: Minutes of June 27, 2014 Meeting.  Ministry of Natural Resources, Ontario Parks Re: Algonquin Park Forest 2010-2020 Management Plan - Review of Draft Planned Operations for Phase II - 2015-2020.

Page 9 of 170  The College of Physicians and Surgeons of Ontario Re: Nomination of a Physician for a Council Award.  Rails End Gallery and Arts Centre Re: August 2014 Report.

PLANNING AND DEVELOPMENT DEPARTMENT Applications and Approvals:

Lands of Slote, Pine Avenue, Township of Dysart.

Council reviewed By-law 2014-67 which is a By-law to adopt Official Plan Amendment No 13; By-law 2014-68 which is a By-law to amend the Zoning By-law and By-law 2014- 69 which is a Deeming By-law for the lands of Slote in the Township of Dysart.

Motion No. 14-249 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law 2014-67, being a by-law to adopt Official Plan Amendment No. 13 with respect to the lands of Slote described generally as Part Lot 17, Concession 8, Lot 4 and Part Lot 9 & 10, Block Q, Plan 1, Geographic Township of Dysart be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. Staff is directed to forward OPA 13 to the County of Haliburton for approval.

(Ref. Slote - Roll Nos. 012-31400, 012-33000) CARRIED

Motion No. 14-250 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law 2014-68, being a by-law to change the zone on the lands of Slote described generally as Part Lot 17, Concession 8, Lot 4 and Part Lot 9 & 10, Block Q, Plan 1, Geographic Township of Dysart, from the Residential Type 1 zone (R1) to the Residential Type 3-13 zone (R3-13) be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Slote - Roll Nos. 012-31400, 012-33000) CARRIED

Motion No. 14-251 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that that By-law 2014-69, which is a by-law to deem Lot 4, Block Q, Registered Plan 1, in the geographic Township of Dysart not to

Page 10 of 170 be within a plan of subdivision for the purpose of Section 50(3) of the Planning Act R.S.O. 1990, c.P.13, as amended, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. This By-law is intended to allow Lot 4, Block Q, Registered Plan 1 to merge in title with Part Lots 9 and 10, Block Q, Plan 1 so that the resulting parcel can be used as one development lot.

(Ref. Slote - Roll Nos. 012-31400, 012-33000) CARRIED

By-law 2014-70, a By-law to Amend the Zoning By-law, Lands of Bauer, Portage Lake, Township of Dudley.

Council reviewed By-law 2014-70 which is a By-law to amend the Zoning By-law for the lands of Bauer in the Township of Dudley.

Motion No. 14-252 Moved by: Councillor Dennis Casey Seconded by: Councillor Andrea Roberts Be it resolved that By-law 2014-70, which is a by-law to amend By-law 2005-120, by changing the zone on Part Lot 3, Concession 4, in the geographic Township of Dudley from "RU1" (the Rural Type 1 zone) to "WR4-3" (the Waterfront Residential Type 4-3 Exception zone) be read a first, second, third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Bauer - Roll No. 020-65400) CARRIED

Application to Amend the Zoning By-law, Lands of 1017546 Ontario Inc., Haliburton Lake Road, Fort Irwin, Township of Harburn.

Council reviewed the staff report regarding an application to amend the Zoning By-law for the lands of 1017546 Ontario Inc. in the Township of Harburn.

Motion No. 14-253 Moved by: Councillor Walt McKechnie Seconded by: Councillor Susan Norcross Be it resolved that Council approves for processing a zoning by-law amendment application for the lands of 1017546 Ontario Inc. for their lands in Part of Lots 11 and 12 and all of Lots 13 and 14, Concession 7, in the geographic Township of Harburn.

(Ref. 1017546 Ontario Inc. - Roll No. 050-45707) CARRIED

Page 11 of 170 Application to Amend the Zoning By-law, Lands of Billings, Pine Avenue, Township of Dysart.

Council reviewed the staff report regarding an application to amend the Zoning By-law for the lands of Billings in the Township of Dysart.

Motion No. 14-254 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council approves for processing an application to amend Zoning By-law 2005-120, for the lands of Billings in Lot 18, Concession 9, Part Lots 4 and 8, Block 13, Plan 1, in the Geographic Township of Dysart.

(Ref. Billings- Roll No. 012-85600) CARRIED

By-law 2014-71, a By-law to Execute A Data Sharing Agreement, MPAC.

Council reviewed By-law 2014-71 which is a By-law to execute a Data Sharing Agreement with MPAC in order to obtain digital parcel data and property information.

Motion No. 14-255 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law 2014-71, which is a by-law to authorize the Reeve and Clerk to execute an agreement with the Municipal Property Assessment Cooperation (MPAC) to authorize staff to obtain digital mapping data (property parcels) and property information (Municipal Connect) be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Data Sharing Agreement) CARRIED

By-law 2014-72, a By-law to Close and Convey the Shore Road Allowance, By-law 2014-73, Deeming By-law, Adjacent to the Lands of Feldman and Atkinson, Kashagawigamog Lake, Township of Dysart.

Council reviewed By-law 2014-72 which is a By-law to close and convey the shore road allowance and By-law 2014-73 which is the corresponding deeming By-law with respect to the lands of Feldman and Atkinson in the Township of Dysart.

Motion No. 14-256 Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey

Page 12 of 170 Be it resolved that By-law 2014-72, which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 11, Concession 8, in the geographic Township of Dysart, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Feldman and Atkinson - Roll No. 011-66400) CARRIED

Motion No. 14-257 Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law 2014-73, which is a by-law to deem Lot 6, Registered Plan 416, in the Township of Dysart not to be within a plan of subdivision for the purpose of Section 50(3) of the Planning Act R.S.O. 1990, c.P.13, as amended be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. This By-law is intended to allow Lot 6, Registered Plan No. 416 to merge with the road allowance which has been closed and conveyed pursuant to By-law 2014-72.

(Ref. Feldman and Atkinson - Roll No. 011-66400) CARRIED

Request to Close and Convey Shore Road Allowance, Adjacent to the Lands of McVeity, Haliburton Lake, Township of Harburn.

Council reviewed the staff report regarding a request to close and convey the shore road allowance adjacent to the lands of McVeity in the Township of Harburn.

Motion No. 14-258 Moved by: Councillor Walt McKechnie Seconded by: Councillor Steve Pogue Be it resolved that Council approves for processing an application by Darlene and Richard McVeity to exchange Part of Lot 43, Plan 348 for a portion of the shore road allowance along the shore of Haliburton Lake in front of their property in Lot 18, Concession 9, Lot 43, Plan 348 in the geographic Township of Harburn. These lands are declared surplus.

(Ref. McVeity - Roll No. 050-66400) CARRIED

H-031/14, Lands of Haliburton Forest and Wild Life Reserve Limited, County Road 7, Township of Havelock.

Council reviewed the staff report regarding Application for Consent H-031/14 for the lands of Haliburton Forest and Wild Life Reserve Limited in the Township of Havelock.

Page 13 of 170

Motion No. 14-259 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council recommends approval of application for consent H-031/14 (Haliburton Forest and Wild Life Reserve Ltd.) subject to the comments received through the public review process and the following standard conditions:

1. Settlement of 5% parkland dedication or cash in lieu at $500.00 for the severed lot.

2. Subject to an amendment of the Zoning By-law on the severed and retained parcels to implement the requirements of the Official Plan (RR-10 zone). The owners are to make application with the Municipality.

3. The owner is to submit a mineral aggregate resource impact report, satisfactory to the Municipality.

4. The preliminary plan is to be submitted to the Municipal Planner for review and approval.

5. Registered owner is to pay any outstanding taxes.

6. Prior to the endorsement of the deeds, the Land Division Committee is to receive a clearance letter from the Municipality, confirming that conditions 1, 2, 3, 4 and 5 have been fulfilled. The applicant is to make a request to the Municipality for the said letter. (Ref. Haliburton Forest and Wild Life Reserve Limited - Roll No. 060- 01660) CARRIED

Lands of 970217 Ontario Inc., Country Road 7, Township of Havelock.

Council reviewed the staff report regarding Application's for Consent H-032/14, H-033/14 and H-034/14 for the lands of 970217 Ontario Inc. in the Township of Havelock.

Motion No. 14-260 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council recommends approval of application for consent H-032/14 (970217 Ontario Inc.) subject to the comments received through the public review process and the following standard conditions:

1. Settlement of 5% parkland dedication or cash in lieu at $500.00 for each severed lot.

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3. The owner is to submit a mineral aggregate resource impact report, satisfactory to the Municipality.

4. The preliminary plan is to be submitted to the Municipal Planner for review and approval.

5. Registered owner is to pay any outstanding taxes.

(Ref. 970217 Ontario Inc., - Roll No. 060-01664) CARRIED

Motion No. 14-261 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council recommends approval of application for consent H-033/14 (970217 Ontario Inc.) subject to the comments received through the public review process and the following standard conditions:

1. Settlement of 5% parkland dedication or cash in lieu at $500.00 for each severed lot.

3. The owner is to submit a mineral aggregate resource impact report, satisfactory to the Municipality.

4. The preliminary plan is to be submitted to the Municipal Planner for review and approval.

5. Registered owner is to pay any outstanding taxes.

6. Prior to the endorsement of the deeds, the Land Division Committee is to receive a clearance letter from the Municipality, confirming that

Page 15 of 170 conditions 1, 2, 3, 4 and 5 have been fulfilled. The applicant is to make a request to the Municipality for the said letter.

(Ref. 970217 Ontario Inc. - Roll No. 060-01664) CARRIED

Motion No. 14-262 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council recommends approval of application for consent H-034/14 (970217 Ontario Inc.) subject to the comments received through the public review process and the following standard conditions:

1. Settlement of 5% parkland dedication or cash in lieu at $500.00 for each severed lot.

3. The owner is to submit a mineral aggregate resource impact report, satisfactory to the Municipality.

4. The preliminary plan is to be submitted to the Municipal Planner for review and approval.

5. Registered owner is to pay any outstanding taxes.

(Ref. 970217 Ontario Inc. - Roll No. 060-01664) CARRIED

Proposals:

Severance Proposal, Lands of Maher, Kennisis Lake, Township of Havelock.

Council reviewed the staff report regarding the severance proposal for the lands of Maher in the Township of Havelock. Greg Bishop, agent for the applicant, was in attendance for the discussion. Council deferred this matter for a site inspection.

Severance Proposal, Lands of Brydon, County Road 21, Township of Dysart.

Page 16 of 170 Council reviewed the staff report regarding the severance proposal for the lands of Brydon in the Township of Dysart. Greg Bishop, agent for the applicant was in attendance for the discussion. Council agreed to support the proposal subject to the conditions identified in the staff report.

Information, Correspondence and Other Business:

Request to Use Road Allowance, Plan 535 (Spectrum Drive), Benoir Lake, Township of Harcourt.

Council reviewed the staff report regarding a request to use the road allowance on Plan 535, Spectrum Drive, in the Township of Harcourt. Council denied the request.

Notice of Commencement Under Class EA for Water Projects.

Council reviewed the notice regarding the Commencement Under Class EA for Water Projects for the Emmerson Dam. Councillor Casey requested that this item be placed on the next Environment and Green Energy Committee meeting agenda for information.

Public Meetings: - September 2, 2014: (Cresswell, Brannigan and Hunter) - October 6, 2014: (1017546 Ontario Inc., Billings)

CLOSED SESSION To discuss matters pursuant to Section 239(2) of the Municipal Act, 2001, as amended, pertaining to litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality or local board.

Motion No. 14-263 Moved by: Councillor Walt McKechnie Seconded by: Councillor Steve Pogue Be it resolved that Council adjourns the regular meeting at 11:35 a.m. to proceed into Closed Session to discuss proposed litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality or local board, pursuant to Section 239(2) of the Municipal Act, 2001, as amended. CARRIED

Council adjourned the Closed Session at 12:10 p.m. and reconvened the Regular meeting.

CONFIRMING BY-LAW Motion No. 14-264 Moved by: Councillor Walt McKechnie Seconded by: Councillor Steve Pogue

Page 17 of 170 Be it resolved that By-law No. 2014-75, being a By-law to confirm the proceedings of the Regular Council meeting held on August 25, 2014, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED

ADJOURNMENT Motion No. 14-265 Moved by: Councillor Walt McKechnie Seconded by: Councillor Steve Pogue Be it resolved that Council adjourn its Regular Council meeting held on August 25, 2014 at 12:12 p.m. CARRIED

Certified Correct

Reeve Clerk

Page 18 of 170 MUNICIPALITY OF DYSART ET AL AUGUST 2014 CHEQUE SUMMARY

Accounts Payable: Cheques # 21955 - 22087 1,066,786.24 Medical Centre Loan Monthly 3,131.00 Arena Project Loan Monthly 11,560.60 Streetscape-York St. Project Loan Monthly 3,131.00 Streetscape-Highland St. Project Loan Monthly 11,560.60 Dysart Facilities Bank Transfer Monthly 40,566.06

Total Accounts Payable $ 1,136,735.50

Payroll: PP # 17 62,037.28 PP # 18 60,918.82 Council PP # 7 8,373.04

Total Payroll $ 131,329.14

TOTAL CHEQUE SUMMARY $ 1,268,064.64

August 2014 Cheque Summary. Page 19 of 170 Municipality of Dysart et al Revenue/Expense Report as at August 31, 2014

2013 2014 Actual Budget Actual Budget (preliminary) Annual YTD Annual

TAXATION (5,579,516.81) (5,488,443.00) (5,934,212.97) (5,984,561.00)

GENERAL GOVERNMENT

Council Expense 106,488.09 122,400.00 78,020.98 128,200.00 Administration Revenue (1,428,137.65) (1,463,058.00) (1,253,811.66) (1,720,752.00) Administration Expense 657,246.37 655,137.00 374,854.04 639,178.00 Election Revenue (5,596.80) 0.00 0.00 (24,403.00) Election Expense 15,596.80 11,000.00 15,248.22 54,353.00 Rental Properties Revenue (32,321.51) (31,202.00) (12,140.82) (26,925.00) Rental Properties Expense 52,165.99 46,000.00 35,404.86 46,365.00 Net General Government (634,558.71) (659,723.00) (762,424.38) (903,984.00)

PROTECTION TO PERSONS & PROPERTY

Fire Revenue (77,985.56) (77,500.00) (20,566.52) (30,500.00) Fire Expense 416,210.04 426,183.00 301,630.70 409,140.00 Building ByLaw Revenue (188,588.39) (207,500.00) (205,037.20) (284,000.00) Building ByLaw Expense 268,990.70 268,317.00 211,184.94 303,979.00 Police Revenue (10,800.00) 0.00 (10,966.97) 0.00 Police Expense 1,044,030.02 1,073,377.00 756,167.38 1,150,408.00 Net Protection 1,451,856.81 1,482,877.00 1,032,412.33 1,549,027.00

TRANSPORTATION

Road Revenue (797,653.60) (645,810.00) (231,810.13) (1,066,006.00) Stock Inventory (0.01) 0.00 (602.41) 0.00 Overhead Expense 703,002.61 727,555.00 498,658.26 819,253.00 Connecting Link Expense 31,893.41 34,600.00 21,796.02 39,050.00 Construction Expense 873,393.82 971,188.00 635,350.88 1,492,486.00 Maintenance Expense 1,852,677.56 1,375,750.00 1,216,037.48 1,464,378.00 Capital Expense 95,651.34 205,000.00 63,762.84 315,700.00 Street Lights 61,609.45 63,250.00 45,403.01 59,250.00 Net Transportation 2,820,574.58 2,731,533.00 2,248,595.95 3,124,111.00

ENVIRONMENTAL SERVICES

Sewer System Revenue (1,019,167.51) (1,010,394.00) (882,562.19) (944,692.00) Sewer System Expense 910,764.85 984,339.00 561,773.46 954,173.00 Garbage Disposal Revenue (525,130.30) (629,740.00) (320,939.89) (539,140.00) Vehicle Expense 4,275.12 2,595.00 3,811.87 3,695.00 Haliburton Landfill Expense 331,792.08 346,477.00 228,703.70 379,708.00 Harcourt Landfill Expense 69,004.90 77,550.00 48,399.22 81,450.00 Kennisis Lake Landfill Expense 92,983.82 129,990.00 37,387.12 121,990.00 West Guilford Landfill Expense 108,826.51 125,500.00 50,771.22 122,800.00 West & South Bay Landfill Expense 80,812.97 110,500.00 40,489.16 117,500.00 Recycling Expense 565,173.61 653,615.00 331,934.41 612,455.00 Water Revenue (1,400.00) (1,450.00) (1,826.88) (1,450.00) Water Expense 5,535.90 6,000.00 3,471.29 6,000.00 Total Environmental Services 623,471.95 794,982.00 101,412.49 914,489.00

HEALTH

Cemetery Revenue (13,421.48) (15,000.00) (11,019.63) (15,000.00) Cemetery Expense 36,356.51 34,716.00 27,189.98 37,333.00 Medical Centre Revenue (116,549.78) (113,001.00) (75,591.79) (140,142.00) Medical Centre Expense 82,119.53 82,890.00 56,634.30 110,672.00 Total Health (11,495.22) (10,395.00) (2,787.14) (7,137.00)

SOCIAL & FAMILY SERVICES

Dymo Bus Revenue (7,429.00) (7,200.00) (4,777.00) (7,200.00) Dymo Bus Expense 22,153.37 17,974.00 17,697.46 20,500.00 Total Social & Family 14,724.37 10,774.00 12,920.46 13,300.00

Revenue Expenditure Report

Monthly Revenue/Expense Report Page 20 of 170 as at August 31, 2014. Municipality of Dysart et al Revenue/Expense Report as at August 31, 2014

2013 2014 Actual Budget Actual Budget (preliminary) Annual YTD Annual

RECREATION & CULTURE

Head Lake Park Revenue (38,279.32) (20,000.00) (4,692.47) (17,876.00) Head Lake Park Expense 91,575.93 77,195.00 69,877.36 81,668.00 Head Lake Trail Revenue 0.00 (12,835.00) 0.00 0.00 Head Lake Trail Expense 2,012.10 17,835.00 1,274.04 2,000.00 Other Parks Revenue (19,302.79) (30,200.00) 0.00 (20,200.00) Other Parks Expense 134,955.19 123,158.00 87,882.49 135,908.00 Arena Revenue (1,100,499.11) (1,063,309.00) (114,255.78) (245,407.00) Arena Expense 1,623,879.69 1,477,212.00 456,975.13 675,944.00 Curling Club Revenue 0.00 0.00 (500.00) 0.00 Curling/Squash Club Expense 1,123.66 600.00 2,448.08 3,325.00 Drag River/Straw Bale Building Revenue 0.00 0.00 0.00 0.00 Drag River/Straw Bale Building Expense 4,796.65 4,775.00 3,694.19 5,460.00 Harcourt Community Centre Revenue (15,000.00) (15,000.00) (10,000.00) (10,000.00) Harcourt Community Centre Expense 19,593.11 17,600.00 34,305.01 18,950.00 West Guilford Community Centre Revenue (12,000.00) (10,000.00) (10,000.00) (10,000.00) West Guilford Community Centre Expense 18,677.91 17,600.00 18,745.28 21,300.00 Clubs/Organizations Expense 0.00 0.00 0.00 0.00 Museum Revenue (29,754.41) (27,564.00) (10,549.95) (28,064.00) Museum Expense 133,369.36 136,101.00 92,515.87 146,279.00 Rails End Gallery Revenue 0.00 0.00 0.00 0.00 Rails End Gallery Expense 51,849.61 53,000.00 27,036.09 53,510.00 Info Centre Revenue (5,000.00) (5,000.00) 0.00 (5,000.00) Info Centre Expense 10,045.15 10,400.00 8,266.27 10,550.00 Dysart Library Revenue (21,210.00) (20,000.00) (12,625.00) (26,550.00) Dysart Library Expense 55,053.81 51,500.00 43,187.29 59,960.00 Glebe Park Revenue (58,906.60) (37,078.00) (15,000.00) (33,449.00) Glebe Park Expense 68,883.41 47,205.00 22,471.49 43,559.00 Total Recreation & Culture 915,863.35 793,195.00 691,055.39 861,867.00

PLANNING & DEVELOPMENT

Committee of Adjustment Revenue (12,550.00) (12,600.00) (12,750.00) (15,000.00) Committee of Adjustment Expense 3,636.87 5,300.00 1,435.71 5,300.00 Municipal Cultural Planning Revenue 0.00 0.00 0.00 0.00 Municipal Cultural Planning Expense 980.66 0.00 862.92 3,000.00 Planning Revenue (28,729.95) (23,150.00) (23,542.25) (31,300.00) Official Plan & Zoning Expense 0.00 0.00 0.00 0.00 Planning Expense 285,262.36 289,102.00 206,402.18 298,689.00 Zoning Bylaw Amendments Revenue (7,000.00) (12,000.00) (15,000.00) (10,000.00) Zoning Bylaw Amendments Expense 855.25 2,000.00 398.30 2,000.00 Event Revenue (5,154.40) (3,300.00) (9,693.81) (10,000.00) Event Expense 5,671.25 5,300.00 11,745.89 14,000.00 Publications Revenue (35.00) (100.00) (60.00) (100.00) Publications Expense 0.00 0.00 0.00 0.00 BIA Revenue (3,500.00) (3,500.00) (1,500.00) (3,500.00) BIA Expense 3,513.58 3,500.00 1,500.00 3,500.00 Streetscape Revenue (481,453.66) (475,000.00) 0.00 0.00 Streetscape Expense 579,027.99 569,648.00 117,532.80 176,299.00 Total Planning & Development 340,524.95 345,200.00 277,331.74 432,888.00

(SURPLUS) or DEFICIT (58,554.73) 0.00 (2,335,696.13) 0.00

Revenue Expenditure Report

Monthly Revenue/Expense Report Page 21 of 170 as at August 31, 2014. Municipality of Dysart et al Metered Sewage Readings Gallons Comparisons

- Metered Sewage Readings Report AUGUST August. YEARLY MONTHLY Name 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 AVERAGE AVERAGE Sir Sandford Fleming College 97,951 174,812 237,945 285,439 208,183 182,775 199,119 259,501 242,081 150,967 105,583 187,159 15,597 Extendicare 704,484 915,553 1,323,581 1,210,653 1,404,532 1,455,484 1,216,106 1,350,638 1,263,751 1,240,446 1,503,585 1,196,878 99,740

Community Living-Victoria St. 11,303 - 9,100 28,400 37,030 43,600 51,400 27,600 37,600 36300 78,900 34,993 2,916

Stuart Baker 181,110 570,270 259,820 341,330 211,180 222,240 235,770 235,540 211,490 198320 150,900 206,659 17,222 JDHES/HHSS 1,003,956 1,394,852 1,213,375 1,220,192 1,615,486 1,692,914 1,818,742 1,630,444 1,802,463 2679720 2,924,328 1,659,766 138,314 Total Board of Education 1,185,066 1,965,122 1,482,295 1,589,922 1,863,696 1,958,754 2,105,912 1,893,584 2,051,553 2,914,340 3,154,128 1,901,418 158,452

Parkside Laundry 150,400 193,600 170,600 181,500 187,700 187,500 177,900 171,600 184,900 182000 391,075 183,478 15,290 Echo Hills Apartments 225,908 302,682 296,305 307,743 311,940 370,645 369,477 380,009 504,308 621666 636,052 379,815 31,651 Parklane Apts. 360,658 543,705 555,585 571,255 564,099 593,847 653,072 647,120 658,421 638156 765,165 564,672 47,056 2,735,770 4,095,474 4,066,311 4,146,512 4,540,150 4,749,005 4,721,586 4,702,452 4,905,014 5,747,575 6,555,588 4,413,419 367,785

2014 Name JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL Sir Sandford Fleming College 6,203 7,479 8,161 7,853 12,054 8,798 21,513 25,890 97,951 Extendicare 98,108 65,332 76,990 33,216 132,204 109,986 106,845 81,803 704,484

Community Livivng (Victoria St) - - - 1,165 2,485 1,495 3,937 2,221 - - - - 11,303

Stuart Baker 23,780 26,880 20,330 28,650 27,140 30,320 13,350 10,660 181,110 J.D.H.E.S./H.H.S.S. 107,347 119,445 85,789 133,304 122,305 184,557 131,544 119,665 1,003,956 Total Board of Education 131,127 146,325 106,119 161,954 149,445 214,877 144,894 130,325 - - - - 1,185,066

Parkside Laundry 10,500 11,800 10,000 12,600 13,900 24,600 32,800 34,200 150,400 Echo Hills Apartments 30,356 27,936 26,616 27,276 28,156 31,016 27,716 26,836 225,908 Parklane Apartments 49,196 43,317 41,424 41,891 46,607 49,331 44,237 44,655 360,658 325,490 302,189 269,310 285,955 384,851 440,103 381,942 345,930 - - - - 2,735,770

2013 Name JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL Sir Sandford Fleming College 8,579 25,935 14,166 7,919 9,459 6,753 18,016 14,012 14,870 21,425 20,502 13,176 174,812 Extendicare 70,064 62,198 69,804 63,572 72,484 69,732 73,691 93,709 100,968 78,090 83,810 77,431 915,553

CLC Haliburton 0 ------Stuart Baker 23,630 22,500 19,570 26,100 25,320 58,370 71,270 73,800 79,400 78,330 67,380 24,600 570,270 J.D.H.E.S./H.H.S.S. 155,741 99,428 94,369 122,305 124,725 128,465 111,087 91,069 109,987 101,627 146,062 109,987 1,394,852 Total Board of Education 179,371 121,928 113,939 148,405 150,045 186,835 182,357 164,869 189,387 179,957 213,442 134,587 1,965,122

Parkside Laundry 10,400 2,000 20,800 12,200 13,800 22,100 32,500 33,800 13,100 11,500 10,900 10,500 193,600 Echo Hills Apartments 29,256 24,417 22,877 25,957 24,637 25,517 23,757 26,177 27,057 25,736 26,177 21,117 302,682 Parklane Apartments 59,020 44,693 40,943 46,161 44,724 49,763 46,152 51,312 42,969 39,243 41,974 36,751 543,705 Page 22 of 170 356,690 281,171 282,529 304,214 315,149 360,700 376,473 383,879 388,351 355,951 396,805 293,562 4,095,474

2012 Name JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL Sir Sandford Fleming College 9,613 12,165 10,581 16,476 26,155 10,141 51,518 15,372 29,151 21,183 21,997 13,594 237,945 Extendicare 102,288 102,728 108,447 99,208 109,327 110,867 107,567 107,567 105,587 118,566 129,125 122,305 1,323,581

CLC Haliburton 3,800 2,100 3,200 ------9,100 Stuart Baker 22,050 24,120 25,190 31,910 19,760 25,330 13,390 16,310 20,330 20,500 23,930 17,000 259,820 J.D.H.E.S./H.H.S.S. 92,829 94,149 93,049 136,604 89,969 124,505 113,726 104,048 93,049 90,629 101,188 79,630 1,213,375 Total Board of Education 118,679 120,369 121,439 168,514 109,729 149,835 127,116 120,358 113,379 111,129 125,118 96,630 1,482,295

Parkside Laundry 10,800 13,200 10,100 11,600 14,200 - 30,400 33,100 12,600 11,800 11,600 11,200 170,600 Echo Hills Apartments 25,077 23,537 26,837 25,297 27,497 26,177 24,857 27,937 22,877 23,757 23,097 19,358 296,305 Parklane Apartments 52,861 47,925 53,207 45,935 48,560 47,774 45,459 53,060 38,660 40,503 43,163 38,479 555,585 319,317 319,923 330,611 367,030 335,468 344,794 386,916 357,394 322,254 326,938 354,100 301,566 4,066,312 Municipality of Dysart et al

P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0

www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Cindy Watson, Tax Collector

Date: September 5, 2014

Re: s.357 and s.358 Tax Adjustments

Recommendation: Be it resolved that Council authorizes tax adjustments for applications made under s.357 and s. 358 of the Municipal Act, 2001, as amended, as follows:

Year Class Total

2012 RT $ 117.13 (Municipal Share: $ 98.90)

2013 RT $ 655.41 (Municipal Share: $223.59)

2014 RT $ 653.50 (Municipal Share: $232.22)

Background: Legislation allows for Council to decide to cancel, reduce and/or refund taxes for particular reasons, providing the applicant is the owner, tenant, occupant or the spouse of any of these, or, has a registered interest on title; and, the application is made within the specific time frames.

Summary: Once the application is received by the Tax Department, it is forwarded to MPAC for input regarding the assessed value of the amount being requested to be changed.

When the information is received back from the Assessment Office, the taxes are adjusted and a report is prepared for Council.

Financial Implications: The County and the School Board share their portion of the adjustments.

Attachments: Rebate spreadsheets.

s.357 and s.358 Tax Adjustments. Page 23 of 170 s.357 Rebate Application

61-000-XXXXX Residential Jan1, 2014 - Dec 31, 2014

Assessment Tax Rate Decrease Taxes

MUNICIPAL 0.00207342 112,000 $ 232.22 COUNTY 0.00173143 112,000 $ 193.92 EDUCATION 0.00203000 112,000 $ 227.36 0.00583485 $ 653.50

s.358 Rebate Application

61-000-XXXXX Residential Jan1, 2013 - Dec 31, 2013

Assessment Tax Rate Decrease Taxes

MUNICIPAL 0.00199637 112,000 $ 223.59 COUNTY 0.00173555 112,000 $ 194.38 EDUCATION 0.00212000 112,000 $ 237.44 0.00585192 $ 655.42

s.358 Rebate Application

61-000-XXXXX Residential July 26, 2012 - Dec 31, 2012

Assessment Tax Rate Decrease Taxes

MUNICIPAL 0.00186606 122,000 $ 98.90 COUNTY 0.00167262 122,000 $ 88.65 EDUCATION 0.00221000 122,000 $ 117.13 0.00574868 $ 304.68

s.357 and s.358 Tax Adjustments. Page 24 of 170 (1,1) -1- Zombie Logo Final.indd 9/9/2014 1:54:29 PM

HALIBURTON ZOMBIEWALK & FOOD DRIVE

“Just wh! you " oug# cottage cou$ % was safe”

9:45 a.m. - Alex Bell Re: Page 25 of 170 Haliburton Zombie Walk & Food HALIBURTON ZOM BWALK I E & FOOD DRIVE SATURDAY NOVEMBER 1, 2014 THE FEEDING FRENZY B EGINS ALL proceeds for the Haliburton County Food Banks

join the undead @ haliburtonzombiewalk.com

9:45 a.m. - Alex Bell Re: Page 26 of 170 Haliburton Zombie Walk & Food HALIBURTON ZOM BWALK I E & FOOD DRIVE saturday november 1st@ head lake park Zombie Gathering Starts: 1pm, Walk: 3pm Registration Fee: nutritional food or ashc donation

AFTER PARTY ZOMsaturday B Inight E featuring “Shockin’ Sherri hawkins & theockin r dead” Pinestone resort & conference centre doors open 7pm. veco r: minimum 99¢ atdon ion

haunt TERRORhall weeno ve ON WONDERLANDand ROADfood dri 1280 wonderland road october 25th & october 31st @ 4pm Entry Fee: nutritional food or cash donation

special thanks to our sponsors: Municipality of Dysart et al

9:45 a.m. - Alex Bell Re: Page 27 of 170 Haliburton Zombie Walk & Food By signing below you aknowledge that you have read and understand this Code of Conduct and agree to abide by it.

SIGNATURE: Date: Full Name: Email Address: Home Address:

9:45 a.m. - Alex Bell Re: Page 28 of 170 Haliburton Zombie Walk & Food Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Miles Maughan, Fire Chief Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Miles Maughan, Fire Chief

Date: September 9, 2014

Re: August 2014 Report

Recommendation: That this report be received as information.

Emergency Response: Medical Assist 20 MVA 2 Fire 0 Hydro Line 1 Spill/suspected fire 1 Alarm 2 TOTAL 26

August was one of the slowest months for the summer in 8 years . The Fire Department responded to 20 medical calls, and 1 call for hydro lines down. A couple of motor vehicle accidents and three other calls for a total of 26.

Inspections: During August, one inspection was conducted as requested. One presentation was made to the children at Schools Cool.

Other Issues: In August, the Fire Department was involved with the making of a video. The fire fighters enjoyed sharing their thoughts on the Fire Department.

Fire Department Report - August. Page 29 of 170 Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Rob Camelon, Assistant Roads Superintendent

Date: August 18, 2014

Re: Roads Status Update

Recommendation: For informational purposes

Background: None

Summary: Road Construction

All tendered road construction has been completed.

Washouts

Full width patching of several washouts is being coordinated with a contractor, to date the washouts have cost $313,000.00

Aggregate Crushing

Jim Weir Custom Crushing has completed the crushing & screening tender. 10,000 tonnes of Granular ‘A’ is now stockpiled at Kennaway Pit to be drawn into the roads garage later this fall. The 12,000 tonnes of winter sand that was screened is currently being stockpiled at the roads garage.

Patrol Software

The tender for patrol software was awarded to Mr. Compliance, and we are awaiting delivery. It is anticipated that the program will be implemented prior to the 2014 winter season.

Financial Implications: As Per Budget

Attachments: None

Roads Department Update. Page 30 of 170 THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014-___

BEING A BY-LAW TO AUTHORIZE A BOUNDARY AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF DYSART ET AL AND THE CORPORATION OF THE MUNICIPALITY OF HIGHLANDS EAST.

WHEREAS, pursuant to Section 20 of the Municipal Act, R.S.O. 2001, c. 25, as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both, to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries;

AND WHEREAS, Section 29(1) of the Municipal Act, R.S.O 2001, c. 25, as amended, provides that municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the bylaw authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located;

AND WHEREAS, the Corporation of the Municipality of Dysart et al deems it advisable to enter into an agreement with the Corporation of the Municipality of Highlands East;

NOW THEREFORE, the Council of the Municipality of Dysart et al hereby enacts as follows:

1. That any and all previous boundary agreements between the Corporation of the Municipality of Dysart et al and the Corporation of the Municipality of Highlands East are hereby repealed.

2. The Reeve and Clerk are hereby authorized to execute and affix the Corporate Seal to the Boundary Agreement with the Corporation of the Municipality of Highlands East.

3. The attached agreement shown as Schedule ‘A’ shall form part of this by-law.

READ a first, second and third time, signed and the Corporate Seal attached hereto this ______day of ______, 2014.

REEVE: Murray Fearrey

CLERK: Cheryl Coulson

Draft - Boundary Agreement for Page 31 of 170 Roads and Bridges with the

AGREEMENT

THIS AGREEMENT made in duplicate this ____ day of ______, 2014.

BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF DYSART ET AL Hereinafter called “Dysart et al” of the FIRST PART

AND: THE CORPORATION OF THE MUNICIPALITY OF HIGHLANDS EAST Hereinafter called “Highlands East” of the SECOND PART

WHEREAS, the parties are adjoining municipalities and are desirous of entering into an agreement under the provisions of Sections 8(1), 9 and 29(1) of the Municipal Act, R.S.O. 2001, and amendments thereto dealing with the routine maintenance and repair of boundary roads and bridges between such municipalities and certain other roads totally under the jurisdiction of the respective municipalities. The “Road” is deemed herein to include, but not limited to, all bridges, culverts, guide rails, signage, line markings, trees and intersection illumination.

NOW THEREFORE, in consideration of the premises and covenants and promises hereinafter expressed, the parties hereto agree each with the other as follows:

1. Dysart et al and Highlands East hereby convent and agree to maintain and keep in repair the whole width of the roads listed on Schedule ‘A’ as attached.

2. Patrolling is considered to be part of maintenance activities.

3. Any major work of any kind shall be reported to the other party.

4. Dysart et al and Highlands East shall maintain, in full force and effect, adequate road liability insurance at all time.

Dysart et al shall name Highlands East and Highlands East shall name Dysart et al as additional insured on each others road liability insurance policies at all times and throughout the terms of this Agreement.

Draft - Boundary Agreement for Page 32 of 170 Roads and Bridges with the Dysart et al agrees to indemnify and save harmless Highlands East and Highlands East agrees to indemnify and save harmless Dysart et al from and against any and all claims, actions, causes of action, losses, injuries, costs, expenses, including legal expenses, howsoever styled, attributed to each others negligence in performing the services required under this Agreement at all times and throughout the term of this Agreement.

5. This Agreement shall come into force on the day of its signing by both parties hereto authorized by by-law, and shall continue in force for a period of ten (10) years there from and may be renewed at the end of such terms by a further by- law of both parties to this agreement.

6. No amendment or variation to this Agreement or of any of the terms hereof shall be binding upon the parties hereto, unless the same is in writing and authorized by further by-law of both parties to this Agreement and signed by all parties hereto.

IN WITNESS WHEREOF the Corporate Seals of each of the parties hereto have been affixed duly attested by the respective officers authorized in that behalf.

THE CORPORATION OF THE MUNICIPALITIES OF DYSART ET AL

REEVE CLERK

THE CORPORATION OF THE MUNICIPALITY OF HIGHLANDS EAST

REEVE CLERK

Draft - Boundary Agreement for Page 33 of 170 Roads and Bridges with the Schedule ‘A’

Road Name Ownership Maintenance Done Level Of Service By Koshlong Lake Rd Joint Dysart Year Round Universal Rd Joint Dysart Summer only Minnicock Lake Rd Boundary Highlands East Year Round Fallowfield Rd Boundary Highlands East Year Round Buxton Rd Joint Dysart Year Round Outram Rd Joint Dysart Year Round Grace River Road Joint Highlands East Year Round Loon Lake Road Joint Dysart Summer only Clarke Rd* Joint Highlands East Summer only

*Clarke Rd is maintained to Tusk Trail

It was agreed that:

1. Maintenance will include the following items: a. snowplowing where applicable b. asphalt patching c. culvert replacement d. brushing e. slurry seal f. surface treatment g. grading h. ditching i. patrolling to be in compliance with minimum maintenance standards. j. Signage k. Both parties shall keep adequate maintenance records and make available to the other party upon request

2. Collaboration and cost sharing on a grant application for Koshlong Lake Road Bridge was agreed upon. When funding becomes available and an application can be supported by the asset management plan the municipalites will jointly collaborate on funding for work required to Koshlong Lake Road Bridge.

3. The owners of the roadway shall continue to keep the roads in their own inventory for items such as roads needs studies and the asset management plans.

4. Highlands East shall brush the end of Koshlong Lake Road in the fall of 2014.

Draft - Boundary Agreement for Page 34 of 170 Roads and Bridges with the

5. Boat Launch at Loon Lake, Koshlong Lake and Lochlin Lake are maintained from high water level back by Dysart et al.

6. Highlands East to surface treat Grace River Road.

7. Dysart et al to surface treat Koshlong Lake Road.

Draft - Boundary Agreement for Page 35 of 170 Roads and Bridges with the THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014-81

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A WINTER MAINTENANCE SERVICES AGREEMENT WITH THE COUNTY OF HALIBURTON

WHEREAS, the Corporation of the County of Haliburton proposes to obtain winter maintenance services for County Road No. 19, also known as the Harburn Road;

AND WHEREAS, the Corporation of the United Townships of Dysart et al proposes to obtain winter maintenance services for the municipal road known as Sir Sam’s Road, and on the connecting link from Hwy. 118 west to County Road 21;

AND WHEREAS, the parties hereto propose to provide the required services each for the other;

NOW THEREFORE, the Council of the Corporation of the United Townships of Dysart et al enacts as follows:

1. That the Corporation of the United Townships of Dysart et al enter into an agreement with the Corporation of the County of Haliburton for the purpose of providing winter maintenance services to County Road No. 19, also known as the Harburn Road, and for the purpose of receiving winter maintenance services for the municipal road known as Sir Sam’s Road, and on the Connecting Link from Hwy. 118 west to County Road 21, substantially in the form of Schedule “A” attached hereto and forming part of this by-law.

2. That the Reeve and the Clerk are hereby authorized to execute the said agreement.

READ a first, second and third time, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

REEVE: Murray Fearrey

CLERK: Cheryl Coulson

By-law No. 2014-81 - Being a By- Page 36 of 170 law to authorize the execution of a THIS AGREEMENT made this ______day of ______2014

between The Corporation of the County of Haliburton hereinafter referred to as the “County” of the first part; and The Corporation of the Municipality of Dysart et al hereinafter referred to as the “Township” of the second part;

WHEREAS the County proposes to obtain Winter Maintenance services on County Road Number Nineteen, also known as the Harburn Road,

AND WHEREAS the Municipality proposes to obtain Winter Maintenance services on the Municipal Road known as Sir Sam’s Road, and on the Connecting Link from Hwy. 118 west to County Road 21.

AND WHEREAS the parties hereto propose to provide the required services each for the other,

NOW THEREFORE THIS AGREEMENT WITNESSES THAT the parties mutually agree as follows:

1. That the Municipality shall provide Winter Maintenance services on the Harburn Road and the County shall provide Winter Maintenance services on Sir Sam’s Road and Highland Street, from the first day of the last week of October to the last day of the first week in April, in accordance with the standards contained in Schedule ‘B’ attached hereto, generally described as snow plowing, sanding and winter inspection. 2. That the County shall reimburse the Municipality and the Municipality shall reimburse the County at the rates calculated in accordance with the information contained in Schedule ‘A’ attached hereto: 3. That the Municipality shall invoice the County and the County shall invoice the Municipality on a monthly basis. It is understood that the amounts so invoiced may be compiled and published together with the amounts invoiced pursuant to other similar Agreements entered into by the County. 4. That either party will provide, copies of diary entries or log sheets indicating road conditions, weather, maintenance responses etc. relating to the work carried out under this Agreement on certain dates. A copy of a snow plow operators log sheet is attached to this Agreement. 5. That this Agreement may be terminated by either party upon the provision of six months written notice and that the terms of this Agreement must be reviewed and renewed annually by the parties or more often at the request of either of the parties. 6. The County and the Municipality shall maintain, in full force and effect, adequate road liability insurance at all times. The County shall name the Municipality and the Municipality shall name the County as additional insured on each others road liability insurance policies at all times and throughout the terms of this Agreement. The County agrees to indemnify and save harmless the Municipality and the Municipality agrees to indemnify and save harmless the County from and against any and all claims, actions, causes of action, losses, injuries, costs, expenses, including legal expenses, howsoever styled, attributed to each others negligence in performing the services required under this Agreement at all times and throughout the term of this Agreement. 7. Upon request the parties agree to provide the other party with proof of the insurance required under this Agreement.

Signed for the County of Haliburton, Signed for the Municipality of Dysart et al

______Warden Reeve ______C.A.O./Clerk Clerk

By-law No. 2014-81 - Being a By- Page 37 of 170 law to authorize the execution of a Schedule ‘A’

Reimbursement Rates for Winter Maintenance Agreement County of Haliburton and Municipality of Dysart et al 2014/2015

Per Pass Rates are based on Truck and Driver $76.37/hr, Plow and Wing $16.50/hr, Sand at $10.88/yd, Untreated Salt at $78.91/yd, Treated Salt at $85.88/yd.

HARBURN ROAD No. 19 (C5) 19.6KM Plowing only 3hours @ ($76.37/hr + $16.50/hr.) = $278.61/pass

Sanding only 3 hours @ ($76.37/hr) + $106.62(sand) = $335.73/pass Plowing and Sanding 3 hours @ ($76.37/hr + $16.50/hr)+$106.62= $385.23/pass Sand charged at $10.88/yd and applied at 0.5yd/km. = $106.62 per pass When spot sanding charge for sand used at $10.88/yd.

SIR SAM’S ROAD (C5) 3KM Plowing only 0.5hours @ ($76.37/hr + $16.50/hr) = $46.44/pass

Sanding only 0.5 hours @ ($76.37/hr) + $16.32(sand) = $54.51/pass

Salting only 0.5 hours @ (76.37/hr) + $26.76(untreated salt) = $64.95/pass

Salting only 0.5 hours @ (76.37/hr) + $29.10(treated salt) = $67.29/pass Plowing and Sanding 0.5 hours @ ($76.37/hr + $16.50) + $16.32 = $62.76/pass

Plowing and Salting 0.5 hours @ ($76.37/hr + $16.50) + $26.76(us) =$73.20/pass

Plowing and Salting 0.5 hours @ ($76.37/hr + $16.50) + $29.10(ts) =$75.54/pass Sand charged at $10.88/yd and applied at 0.5yd/km. = $16.32 per pass Untreated salt (us) at $78.91/yd and applied at 0.113yd/km = $26.76 per pass Treated salt (ts) $85.88/yd and applied at 0.113yd/km = $29.10 per pass When spot sanding charge for sand used at $10.88/yd.

CONNECTING LINK (C3) 1KM Plowing only 0.2hours @ = ($76.37/hr + $16.50/hr) = $18.57/pass Sanding only 0.2 hours @ ($76.37/hr) + $5.44 = $20.71/pass Salting only 0.2 hours @ ($76.37/hr) + $8.92 = $24.19/pass Salting only 0.2 hours @ ($76.37/hr) + $9.70 = $24.97/pass Plowing and Sanding 0.2 hours @ ($76.37+ $16.50) + $5.44 = $24.01/pass

Plowing and Salting 0.2 hours @ ($76.37+ $16.50) + $8.92(us) = $27.49/pass

Plowing and Salting 0.2 hours @ ($76.37+ $16.50) + $9.70(ts) = $28.27/pass Sand charged at $10.88/yd and applied at 0.5yd/km. = $5.44 per pass Untreated Salt (us) charged at $78.91/yd and applied at 0.113/km = $8.92 per pass Treated Salt (ts) charged at $85.88/yd and applied at 0.113/km = $9.70 per pass When spot sanding charge for sand used at $10.88/yd.

INSPECTION Rates for inspection shall be charged at $42.40 per hour.

By-law No. 2014-81 - Being a By- Page 38 of 170 law to authorize the execution of a OVERTIME REIMBURSEMENT Overtime shall be calculated on wages only and reimbursed at cost.

NOTES: Sand price is actual cost for the Township. Production rate is to be reviewed regularly and adjusted as necessary so that actual average trip time for a full pass is reflected in the calculation of trip time. Number of passes invoiced shall be prorated to reflect partial and shared use trips. Inspection includes removal of minor debris, minor sign repairs, etc. Responses which require equipment, or significant additional manpower, shall be carried out with agreement between both parties. Where such work is carried out by either the County or the Municipality, the work will be invoiced on the basis of standard equipment rates and actual cost of employee wages and benefits.

By-law No. 2014-81 - Being a By- Page 39 of 170 law to authorize the execution of a

SCHEDULE ‘B’

Winter Maintenance Agreement 2014-2015 County of Haliburton and Municipality of Dysart et al Harburn Road (C5), Sir Sam’s Road (C5), Highland Street (C3)

WINTER ROAD CLASSIFICATION

Each County Road has been assigned a winter maintenance classification. Each classification has then been assigned conditions to be met within a particular time frame for, Snowfall Accumulation, Icy Roads, Routine Inspection.

SURFACE CLASSIFICATION ROAD NUMBERS CONDITION O. Reg. 239/02

C3 21, 121, 503 BARE PAVEMENT

C4 1, 3, 6, 7, 14S, 16, 507, 648 CENTER BARE

C5 2, 4, 5, 8, 9, 10, 11, 12, 13, 14N, 15, SNOW PACKED 17, 18, 19, 20, 39, 48

WINTER INSPECTION

All County Roads undergo winter inspection during routine patrolling. The minimum standard for the frequency of routine patrolling is set out in the table below. A winter maintenance patrol schedule will be developed and personnel assigned to carry out the patrol duties. Patrol personnel will be responsible for monitoring and documenting weather and road conditions, dispatching equipment and labor to meet the objectives of this policy and O. Reg. 239/02 and O. Reg. 47/13.

INSPECTION CLASS MAXIMUM CYCLE 3 7 days 4 14 days 5 30 days

SNOW ACCUMULATION

Resources will be deployed to remove snow accumulation as soon as practicable after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the table below (O. Reg. 47/13, s.4). After the snow accumulation has ended snow will be cleared and the roadway returned to the desired surface condition within the time frames set out in the table. Snow accumulation will be cleared from the roadway to a minimum lane width of three meters for each lane or on Class 4 and 5 roads with two lanes, the snow accumulation will be cleared to a width of at least 5 metres.

If the road surface temperature is too low to accomplish the desired surface condition within the specified time for Class 3 and 4 roads the surface condition objective will not be met. Resources will be deployed to provide the desired surface condition in the shortest time practicable.

By-law No. 2014-81 - Being a By- Page 40 of 170 law to authorize the execution of a If a winter event becomes so severe that resources cannot safely continue, all operations involved in the clearing of snow accumulation will be suspended until conditions improve.

In the event that operations are suspended for a period of time that would prevent accomplishing the objectives of this policy, the Director of Public Works or his designate will notify all emergency services, local school board, radio station and the CAO.

Clearing of windrowed snow at all residential driveways, commercial and industrial entrances will be the responsibility of the property owner.

CLASS SURFACE CONDITION TIME DEPTH C3 BARE PAVEMENT 12 hours 8 cm ( 3” ) C4 CENTER BARE 16 hours 8 cm ( 3” ) C5 SNOWPACKED 24 hours 10 cm ( 4”)

ICY ROADWAYS Resources will be deployed to treat icy roadways as soon as practicable after becoming aware that the roadway is icy. The roadway will be treated within the time set out in the Table below (O. Reg. 47/13, s.5)

For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited to, salt, sand or any combination of salt and sand.

CLASS TIME C3 8 hours C4 12 hours C5 16 hours

By-law No. 2014-81 - Being a By- Page 41 of 170 law to authorize the execution of a

COUNTY OF HALIBURTON WINTER MAINTENANCE OPERATORS' REPORT

DYSART et al OPERATOR(S):

Start a new sheet each month. TRUCK #______

OPERATIONS MATERIAL USED YARDS YARDS START FINISH SPOT MIX OF OF DATE ROAD # TIME TIME PLOW SAND SAND LOAD SALT SAND SALT COMMENTS

Total

By-law No. 2014-81 - Being a By- Page 42 of 170 law to authorize the execution of a August. Landfill Tipping Fees Report

2014 Landfill Tipping Fees SUMMARY Fridges/ Applicances/ Brush/Bldg Total Collected Total Tickets Scrap Metal Total Charge Total Tipping Metal No Cards Furniture Material Bulk Refuse on Site Sold @ Office Account Accounts Fees for Month

January $ 130.00 $ - $ 525.00 $ 1,125.00 $ 30.00 $ 1,810.00 $ - $ 461.30 $ 9,105.00 $ 11,376.30

February $ 108.00 $ - $ 260.00 $ 1,590.00 $ - $ 1,958.00 $ - $ - $ 13,050.00 $ 15,008.00 Subtotal Jan/Feb $ 238.00 $ - $ 785.00 $ 2,715.00 $ 30.00 $ 3,768.00 $ - $ 461.30 $ 22,155.00 $ 26,384.30

March $ 60.00 $ - $ 255.00 $ 1,570.00 $ 40.00 $ 1,925.00 $ - $ - $ 11,550.00 $ 13,475.00 Subtotal Jan-Mar $ 298.00 $ - $ 1,040.00 $ 4,285.00 $ 70.00 $ 5,693.00 $ - $ 461.30 $ 33,705.00 $ 39,859.30 -

April $ 370.00 $ - $ 690.00 $ 2,160.00 $ - $ 3,220.00 $ - $ 1,115.84 $ 11,130.00 $ 15,465.84 Subtotal Jan-Apr $ 728.00 $ - $ 1,730.00 $ 6,445.00 $ 70.00 $ 8,913.00 $ - $ 1,577.14 $ 44,835.00 $ 55,325.14

May $ 775.00 $ - $ 1,720.00 $ 13,334.00 $ - $ 15,829.00 $ - $ 3,311.50 $ 35,014.00 $ 54,154.50 Subtotal Jan-May $ 1,503.00 $ - $ 3,450.00 $ 19,779.00 $ 70.00 $ 24,742.00 $ - $ 4,888.64 $ 79,849.00 $ 109,479.64

June $ 655.00 $ - $ 1,692.00 $ 8,315.00 $ 380.00 $ 11,042.00 $ - $ 4,933.85 $ 26,287.50 $ 42,263.35 Subtotal Jan-Jun $ 2,158.00 $ - $ 5,142.00 $ 28,094.00 $ 450.00 $ 35,784.00 $ - $ 9,822.49 $ 106,136.50 $ 151,742.99

July $ 1,110.00 $ 69.00 $ 2,280.00 $ 13,593.00 $ 15.00 $ 17,067.00 $ - $ 19,534.29 $ 30,907.50 $ 67,508.79 Subtotal Jan-Jul $ 3,268.00 $ 69.00 $ 7,422.00 $ 41,687.00 $ 465.00 $ 52,851.00 $ - $ 29,356.78 $ 137,044.00 $ 219,251.78

August $ 930.00 $ 96.00 $ 1,670.00 $ 7,323.00 $ 140.00 $ 10,159.00 $ 25.00 $ 4,465.90 $ 27,609.75 $ 42,259.65 Subtotal Jan-Aug $ 4,198.00 $ 165.00 $ 9,092.00 $ 49,010.00 $ 605.00 $ 63,010.00 $ 25.00 $ 33,822.68 $ 164,653.75 $ 261,511.43

September $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Sep $ 4,198.00 $ 165.00 $ 9,092.00 $ 49,010.00 $ 605.00 $ 63,010.00 $ 25.00 $ 33,822.68 $ 164,653.75 $ 261,511.43

October $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Oct $ 4,198.00 $ 165.00 $ 9,092.00 $ 49,010.00 $ 605.00 $ 63,010.00 $ 25.00 $ 33,822.68 $ 164,653.75 $ 261,511.43

November $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Nov $ 4,198.00 $ 165.00 $ 9,092.00 $ 49,010.00 $ 605.00 $ 63,010.00 $ 25.00 $ 33,822.68 $ 164,653.75 $ 261,511.43

December $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -

Page 43 of 170 TOTAL $ 4,198.00 $ 165.00 $ 9,092.00 $ 49,010.00 $ 605.00 $ 63,010.00 $ 25.00 $ 33,822.68 $ 164,653.75 $ 261,511.43 Check $ 261,511.43

Comparative 2013 vs 2014

Aug-13 $ 995.00 $ 85.00 $ 2,620.00 $ 8,170.00 $ 340.00 $ 12,210.00 $ - $ 4,063.00 $ 33,305.00 $ 49,578.00 AUGUST YTD 2013 $ 5,205.00 $ 252.00 $ 12,570.00 $ 49,773.00 $ 862.00 $ 68,662.00 $ 325.00 $ 19,923.31 $ 176,260.00 $ 265,170.31 % Var 2014 vs. 2013 -19.3 -34.5 -27.7 -1.5 -29.8 -8.2 -92.3 69.8 -6.6 -1.4 Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Ray Miscio, Director of Parks & Recreation Andrea Mueller, Recreation Pilot Program Coordinator

Date: September 11, 2014

Re: Parks and Recreation Progress Report

Recommendation: That this report be received as information.

Parks/Arena: We have been busy scheduling repairs for municipal buildings and making preparations for fall. We have started on the last electrical panel and the new washroom over by the tennis courts. A clean-up of the beach area by the old washroom has also taken place. Playground equipment was been ordered for Haliburton Lake Park in July and is expected to be here the first week of October and will be installed at that time.

We are still waiting approval from MNR for the Benoir Boat Launch project. MNR advised staff that they have sent the application to DFO for their review and approval.

Recreation programs: Andrea is registering for her National Lifeguard Course and Red Cross Water Safety Instructor course to be able to provide swimming lessons in Dysart et al next summer and possibly at the Pinestone in the future.

She is helping Point in Time Staff run an after school program at JDH on Wednesdays beginning October 22. The program will be free and provide an opportunity for 25 grade 4-8 students to take part in recreation activities from 3:30 - 5:00 pm. The running group continues to meet on Tuesdays at 4:45 pm. The Ugly Sweater Run/Walk will take place on Sunday, November 23 at 1 pm. This year we will charge $5 per person or $10 per family (get your sweaters ready!)

Parks and Recreation Update. Page 44 of 170

She is also looking for a camp to provide indoor rock climbing opportunities for families/individuals one evening a week at a reduced rate. The Leisure Mart was held on Friday, September 12 at the A.J. LaRue Arena/Community Centre. Thirty-four (34) booths were set up representing numerous associations and clubs. The response to the event was positive and the groups suggested a similar event be held in the future. Everyone enjoyed the opportunity to network and agreed that participation would increase as the event grows. It was suggested to include a barbeque or some sort of food incentive to also help increase attendance.

Parks and Recreation Update. Page 45 of 170 31, 2014. Building Permit Report to August BUILDING PERMIT REPORT TO Aug. 30, 2014 Number Major Number Permits Value for Major Residential Minor Permits to for Month Month Residential to Date Commercial Residential Date Value to Date January 12 6 718,000 3 3 0 3 6 718,000 13 3 180,000 1 1 0 2 3 180,000 14 4 230,000 1 1 3 4 230,000 February 12 4 574,000 1 4 1 2 10 1,292,000 13 5 672,000 1 2 1 3 8 852,000 14 7 1,460,000 1 2 3 3 11 1,690,000 March 12 16 949,000 3 7 0 13 26 2,241,000 13 7 1,695,000 4 6 0 3 15 2,547,000 14 2 60000 2 2 13 1,750,000 April 12 27 1,473,000 6 13 1 20 53 1,750,000 13 18 1,870,000 6 12 3 9 33 4,417,000 14 22 3,654,000 7 9 3 12 35 5,404,000 May 12 36 3,080,300 12 25 1 1 89 4,830,300 13 33 2,286,800 5 17 3 25 66 6,703,800 14 35 2,589,000 6 15 4 25 70 7,993,000 June 12 22 2,270,000 6 31 1 15 111 7,100,300 13 34 2,008,000 8 25 4 22 100 8,711,800 14 36 8,479,500 14 29 1 21 106 16,472,500 July 12 32 5,585,000 13 44 2 17 143 12,685,300 13 39 3,847,000 8 33 1 30 139 12,558,800 14 29 6,699,000 9 38 1 19 135 23,141,500 August 12 34 3,491,300 10 54 3 14 177 16,176,600 13 25 2,550,000 6 39 1 18 164 15,108,800 14 26 2,527,000 6 45 0 20 161 25,668,500.00 September 12 40 4,489,000 9 63 1 30 217 20,665,600 13 33 2,648,000 6 45 0 27 197 17,756,800 14 45 October 12 31 4,596,000 10 73 1 20 248 25,261,600 13 28 3,830,000 9 54 0 19 225 21,586,800 Page 46 of 170 14 45 November 12 25 3,296,000 8 81 1 16 273 28,557,600 13 16 1,123,000 5 59 0 11 241 22,709,800 14 45 December 12 7 2,045,000 5 86 1 1 280 32,566,600 13 7 1,040,000 3 62 1 3 248 23,749,800 14 Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Ron Henselwood MLEO Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Ron Henselwood

Date: September 10, 2014

Re: August By-law Report

Recommendation: That this report be received as information.

Animal Control: There were no dogs admitted to the Municipal Pound for the month of August. The Ontario Ministry of Agriculture, Food, and Rural Affairs - Animal Health and Welfare Branch attended the Municipal Dog Pound and gave the pound a passing grade. There was one dog complaint registered with the By- law Officer from the Post Office. The owner of the dogs was notified and the problem corrected.

(2014) (2013) Parking Statistics: Medical Centre Gate Revenue - $ 4,102.00 $ 4,710.00

Pay & Display Revenue Deposited - $ 3,610.00 $ 3,253.00

Parking Meter Revenue Deposited - $ 1,816.00 $ 2,818.00 TOTAL - $ 4,426.00

Parking Infraction Notices Issued - 60 56 - Pay & Display or Parking Meter Infractions 0 - Disabled Parking Infractions 4 - Other Parking Infractions Amount of paid parking tickets this reporting period – $ 266.00 Amount of paid parking tickets received through Court – $ 42.00

Signs: The Department continues to remove illegal signs throughout the Municipality. Due to a complaint received by the By-law Office, the By-law Officer, along with the Fire Chief, attended the two municipally owned islands on Kennisis Lake to post signage prohibiting overnight camping, fires, and drinking.

By-law Department Report - Page 47 of 170 August.

Sign Permits: A business obtained their Sign Permit located at 173 Highland Street operating as Lacey’s Hair Design. The By-law Officer spoke at the monthly BIA meeting regarding the Sign By-law and various other Municipal By-laws.

Property Standards: Four Property Standards complaints were investigated by the By-law Officer. Letters were sent to the property owners describing the violations and to date three have complied with the orders. The single outstanding property continues to be monitored by staff.

Repairs: The Department continues to complete minor repairs to several Municipal owned buildings.

Water Testing: The raw water sources at the 13 owned Municipal buildings are tested on the first Tuesday of each month by the By-law Department. The readings have come back to date as satisfactory.

Health and Safety: The By-law Officer is the Health and Safety person for the Municipal Office located at 135 Maple Ave. A complete check of the building and safety equipment is performed the first Wednesday of each month. If any councillor has any concerns regarding the building or equipment please advise the officer by email or letter.

By-law Department Report - Page 48 of 170 August.

Dysart et al Environment and Green Energy Committee Minutes Tuesday, August 5, 2014

The Environment and Green Energy Committee of the Corporation of Dysart et al convened a meeting on Tuesday, August 5, 2014 at 10:00 a.m. in the Dysart et al Council Chambers with the following in attendance:

Council: Councillor Dennis Casey, Chair Councillor Susan Norcross Lee Battiston Ray Gervais Ron Hamann Staff: Tamara Wilbee, CAO Cheryl Coulson, Clerk Brian Nicholson, Director of Public Works Absent: Brian Nash

ADOPTION OF AGENDA Motion No. 14-16 Moved by: Ron Hamann Seconded by: Lee Battiston Be it resolved that the agenda for the August 5, 2014 meeting of the Environment and Green Energy Committee be approved as presented. CARRIED

DISCLOSURE OF PECUNIARY INTEREST None declared.

ADOPTION OF MINUTES FROM PREVIOUS MEETING Motion No. 14-17 Moved by: Lee Battiston Seconded by: Ron Hamann Be it resolved that the minutes of the Environment and Green Energy Committee held on July 7, 2014 be adopted as circulated. CARRIED

Page 1 of 3

Environment and Green Energy Page 49 of 170 Committee Re: Minutes of August ITEMS OF BUSINESS Videos - Final Cut

Tammy Rae attended the meeting and provided a review of the Alternative Energy Video as well as the Net Zero Build video. The Committee agreed on some minor adjustments to both videos and Tammy advised that the final draft will be sent out to the Committee for review. The CAO advised that a Video Launch presentation is scheduled for the August 25th Council meeting and advised these videos will be included in the presentation.

Rails End Audit - Update

The Chair noted that he has confirmed that Pam Sayne has been contracted to do an Energy Audit for Rails End Gallery and that the fee will be paid from the Committee's budget.

Conservation Plan - Review of Programs, Processes and Identified Projects

A sub-committee meeting has been scheduled for September 5th to identify and review recommendations from the plan. Several members expressed an interest in participating.

Waste Wizards - Landfill Volunteers

Deferred until next meeting.

Repurposing - Waste Reduction Week

The CAO advised that there has not been a lot of participation in the contest so far. She suggested some participation from Committee members would help spread the word.

Electrical Meter Loan Program

It was agreed that Brian Nicholson will purchase two watt meters and one could be included in the Library Loan program and one distributed here. Brian will also conduct his own review in his home and provide the Committee with his findings.

ADJOURNMENT AND NEXT MEETING DATE Next Meeting: Tuesday, September 2, 2014

Landfill Education Day - September 11 from 12 - 2:00 pm - West Bay Landfill

Motion No. 14-18 Moved by: Councillor Susan Norcross Seconded by: Ray Gervais

Page 2 of 3

Environment and Green Energy Page 50 of 170 Committee Re: Minutes of August Be it resolved that the EGE Committee adjourn its August 5, 2014 meeting at 11:50 a.m. CARRIED

Certified Correct

Secretary Chair

Page 3 of 3

Environment and Green Energy Page 51 of 170 Committee Re: Minutes of August

Dysart et al Housing and Business Development Committee Minutes Tuesday, August 5, 2014

The Housing and Business Development Committee of the Corporation of Dysart et al convened a meeting on Tuesday, August 5, 2014 at 2:00 p.m. in the Dysart et al Council Chambers with the following in attendance:

Members: Councillor Andrea Roberts, Chair Councillor Dennis Casey Harvey Bates Dale Walker Andy Campbell Staff: Tamara Wilbee, CAO Cheryl Coulson, Clerk Absent: Harvey Bates Larry Dart

ADOPTION OF AGENDA Motion No. 14-10 Moved by: Councillor Dennis Casey Seconded by: Andy Campbell Be it resolved that the agenda for the August 5, 2014 meeting of the Housing and Business Development Committee be approved as presented. CARRIED

DECLARATION OF PECUNIARY INTEREST None declared.

ADOPTION OF MINUTES FROM PREVIOUS MEETING Motion No. 14-11 Moved by: Dale Walker Seconded by: Councillor Dennis Casey

Housing and Business Page 52 of 170 Development Committee Re: Be it resolved that the minutes of the June 2, 2014 meeting of the Housing and Business Development Committee be adopted as circulated. CARRIED

ITEMS OF BUSINESS Video Review

Tammy Rae was in attendance to provide an update on the housing video. She will provide the Committee with a link to view the final version. The CAO noted that an official Video Launch is planned for the August 25th Council meeting. The Clerk will confirm this with the Committee members in case anyone would like to attend and view them with Council. It was also noted that Colourfest would be another good venue to show the videos. The area by the barn would be an ideal location and if some seating was provided it would be a nice rest spot during the event. Andrea noted that she will speak to Gail Stetler, Coordinator for the event, about the idea. If feasible, she will also contact Anthony Vanlieshout about using that location during the event to ensure there are no cars parked in that area.

Municipal Projects Update

The Committee was updated on a number of events, such as:  The Dog Festival was confirmed for Saturday, August 16th. The Air Dog Event will be held and in between that there will be a number of pet dog contests and vendors to visit.  Attendance for Music in the Park has not been as good as expected, but the weather has played a role in this. Andrea advised that the Committee will be meeting at the end of the summer to discuss options for next year’s plans.  New washrooms have been built in Head Lake Park and another set will be built in the fall by Rotary Beach.

Review of Committee

The Committee will discuss recommendations for the next Council at the September meeting. The Clerk will post the current Terms of Reference on the agenda for review.

Dale Walker noted that a recommendation to create an information package about the Municipality to hand out to potential developers and/or businesses was never followed up on by the Committee. It was agreed that the members would create a list of the top ten items they felt should be handed out in the package so that the Committee could review it at the next meeting and finalize a list in order to create the packages. It was noted that the information already exists on the website, so it would be a matter of pulling together a print package.

ADJOURNMENT AND NEXT MEETING DATE Next Meeting: Tuesday, September 2, 2014

Housing and Business Page 53 of 170 Development Committee Re: Motion No. 14-12 Moved by: Dale Walker Seconded by: Andy Campbell Be it resolved that the HBD Committee adjourn its August 5, 2014 meeting at 3:53 p.m. CARRIED

Certified Correct

Chairperson Clerk

Housing and Business Page 54 of 170 Development Committee Re:

Dysart et al Museum Advisory Committee Minutes

Thursday, August 14, 2014

The Museum Advisory Committee of the Corporation of Dysart et al convened a meeting on Thursday, August 14, 2014 at 9:30 a.m. in the Dysart et al Council Chambers with the following in attendance:

Members: Tim Hagarty, Chair Linda MacBurnie Keith Anderson Bill Beatty Staff: Cheryl Coulson, Clerk Kate Butler, Director Absent: Deputy-Reeve Bill Davis Greg Roe Mark Roberts

ADOPTION OF AGENDA Motion No. 14-15 Moved by: Linda MacBurnie Seconded by: Bill Beatty Be it resolved that the agenda for the August 14, 2014 meeting of the Museum Advisory Committee be approved as presented. CARRIED

APPROVAL OF MINUTES Motion No. 14-16 Moved by: Linda MacBurnie Seconded by: Keith Anderson Be it resolved that the minutes of the Museum Advisory Committee meeting held on June 12, 2014 be adopted as circulated. CARRIED

DECLARATION OF PECUNIARY INTEREST None declared.

ITEMS OF BUSINESS Museum Worksheet.

Museum Advisory Committee Re: Page 55 of 170 Minutes of August 14, 2014

The Committee reviewed the Directors worksheet and discussed the following items:  Kate advised that she submitted the 2014 Museum Operating grant application to the Ministry and should receive a response later this fall.  The Sesquicentennial event had approximately 250 people attend. Kate noted that there was some discussion about holding a community picnic annually.  Rack cards have been printed and distributed throughout the County.  The book sale event was very successful and Kate has decided to make it a two day event next year. Approximately, $1,000 was made.  Museum events have been well attended this summer. Fall events are being planned such as Archeology Day.  The exterior of the Reid House has been painted and looks fantastic. The Director thanked Algonquin Painting for their work.  It was discussed that the exterior of the Museum building could use some cleaning and/or painting and that a new fence is badly needed for the Reid house. Members will visit the Museum next week and see what work can be done.  Kate will follow-up again with County Signs to find out when the exterior sign will be completed.

Video Update.

Tammy Rae of Sticks and Stones Productions was in attendance to review the final version of the Museum's video. The Committee was satisfied with the content and pleased with the final version. The Clerk advised the Committee that the videos are being launched at the August 25th Council meeting. Following the initial launch the video can be uploaded onto both the Museum's and Municipality's websites.

Financial Statement.

The Committee reviewed the current financial statement and considered it information.

ADJOURNMENT AND NEXT MEETING DATE Next Meeting: September 11, 2014

Motion No. 14-17 Moved by: Keith Anderson Seconded by: Bill Beatty Be it resolved that the meeting of the Museum Advisory Committee held on August 14, 2014 be adjourned at 11:00 a.m. CARRIED

Certified Correct

Chair Secretary

Museum Advisory Committee Re: Page 56 of 170 Minutes of August 14, 2014 THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014-82

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LAND USE AGREEMENT WITH TPS HALIBURTON HOLDINGS INC. AND SIRCH (THRIFT WAREHOUSE)

WHEREAS, Section 8 of the Municipal Act, R.S.O. 2001, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS, the Municipality of Dysart et al is the registered owner of land described as Con 9, PT Lot 12, RP 19R-2953, Parts 9 and 20, PT Part 2, Township of Dysart (Roll No. 012-000-73309);

AND WHEREAS, TPS Haliburton Holdings Inc. and SIRCH currently operate a commercial business known as the “Thrift Warehouse” on the adjacent property municipally known as 128 Mallard Road;

AND WHEREAS, TPS Haliburton Holdings Inc. and SIRCH wish to lease 50 feet of the land on the northern side of the adjacent municipally owned property described as Con 9, PT Lot 12, RP 19R-2953, Parts 9 and 20, PT Part 2, Township of Dysart (Roll No. 012-000-73309) in order to house two storage containers;

AND WHEREAS the Municipality wishes to enter into a Land Use Agreement with TPS Haliburton Holdings Inc. and SIRCH for the lease of the subject property.

NOW THEREFORE, the Council of the Corporation of the United Townships of Dysart et al hereby enacts as follows:

1. That the Corporation of the United Townships of Dysart et al enter into a Land Use Agreement with the TPS Haliburton Holdings Inc. and SIRCH as outlined in Schedule “A” attached hereto and forming part of this By-law.

2. That the Reeve and the Clerk are hereby authorized to execute the said agreement.

READ a first, second and third time, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

REEVE: Murray Fearrey

CLERK: Cheryl Coulson

By-law No. 2014-82 - Being a By- Page 57 of 170 law to authorize the execution of a

LAND USE LEASE AGREEMENT

BETWEEN:

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

Hereinafter referred to as the “Corporation”

-and-

TPS HALIBURTON HOLDINGS INC.

-and-

SIRCH (Supportive Initiative for Residents in the County of Haliburton)

Hereinafter referred to as the “Partners”

WHEREAS the Corporation is the registered owner of land described as Con 9, PT Lot 12, RP 19R-2953, Parts 9 and 20, PT Part 2, Township of Dysart (Roll No. 012-000- 73309);

AND WHEREAS the Partners currently operate a commercial business known as the “Thrift Warehouse” on the adjacent property municipally known as 128 Mallard Road;

AND WHEREAS the Partners wish to lease 50 feet of land on the northern side of the adjacent Municipally owned property described as Con 9, PT Lot 12, RP 19R-2953, Parts 9 and 20, PT Part 2, Township of Dysart (Roll No. 012-000-73309) in order to house two storage containers;

AND WHEREAS the Corporation wishes to enter into a Land Use Lease Agreement with the Partners for the lease of the subject property.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual promise and covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

1. The Corporation hereby authorizes the Partners to lease 50 feet of land on the northern side of the adjacent Municipally owned property described as Con 9, PT Lot 12, RP 19R-2953, Parts 9 and 20, PT Part 2, Township of Dysart (Roll No. 012-000- 73309) in order to house two storage containers and or additional parking.

2. The Partners agree to maintain liability insurance in an amount no less than $2,000,000 with the “Municipality of Dysart et al” added as an additional insured party to indemnify and save harmless the Corporation from any causes of actions, claims, suits, or demands which may arise as a result from any accident or injury by any person.

3. The Partners shall provide the Corporation a copy of the liability insurance coverage annually.

4. The Partners shall ensure the said property is kept in a neat and orderly fashion and stays in compliance with all applicable By-laws.

5. The Partners shall pay the Corporation an annually fee of $1.00 (plus HST) per year for the land use lease.

By-law No. 2014-82 - Being a By- Page 58 of 170 law to authorize the execution of a

6. This Land Use Lease Agreement shall be in affect from September 22, 2014 to September 21, 2019 and is subject to renewal upon written request from the Partners within ninety (90) days prior to the expiration of the said Agreement.

7. This Agreement can be terminated by either Party hereto giving the other Party ninety (90) days notice of the termination.

DATED this 22 day of September, 2014.

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

______Murray Fearrey, Reeve

______Cheryl Coulson, Clerk

TPS HALIBURTON HOLDINGS

______Ted Scholtes

SIRCH

______Gena Robertson, Executive Director

______Barbara Fawcett, President

By-law No. 2014-82 - Being a By- Page 59 of 170 law to authorize the execution of a THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014-83

BEING A BY-LAW TO ESTABLISH A JOINT COMPLIANCE AUDIT COMMITTEE

WHEREAS, Section 81.1 of the Municipal Elections Act, 1996, as amended, (hereinto referred to as the Act) states that a Council or local board shall, before October 1 of an election year, establish a committee for the purposes of Section 81. of the Act;

AND WHEREAS, Section 81 of the Act provides for any elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of the Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances;

AND WHEREAS Council at its June 23, 2014 meeting, authorized staff to proceed with the Townships of Minden Hills and Algonquin Highlands in forming a Joint Compliance Audit Committee for the 2014 Election;

AND WHEREAS Council deems it necessary to establish a Joint Compliance Audit Committee for this purpose.

NOW THEREFORE, the Council of the Corporation of the United Townships of Dysart et al enacts as follows:

1. That the Corporation of the United Townships of Dysart et al establishes a Joint Compliance Audit Committee as per the Rules of Procedure set out in Schedule “A” attached to and forming part of this By-law.

2. That Council hereby appoints the following members to the Joint Compliance Audit Committee:

David Bishop, Dysart et al Gail Cornwall, Alternate, Dysart et al Peter Moore, Minden Hills Jim Garbutt, Alternate, Minden Hills Norma Goodger, Algonquin Highlands Gerald Bain, Alternate, Algonquin Highlands

READ a first, second and third time, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

REEVE: Murray Fearrey

CLERK: Cheryl Coulson

By-law No. 2014-83 - Being a By- Page 60 of 170 law to Establish a Joint Municipality of Dysart et al Joint Compliance Audit Committee Rules of Procedure

The Municipality of Dysart et al and the Townships of Minden Hills and Algonquin Highlands, formed a Joint Compliance Audit Committee, for the 2014 – 2018 Council term in compliance with Sec. 81.1 of the Municipal Election Act, 1996.

The Rules of Procedure have been established by the Clerks of the three municipalities ensuring that the duties and responsibilities of the Joint Compliance Audit Committee are fulfilled in a fair, open and responsible manner, in accordance with Sec. 81.1(4),

The following are the procedures of the combined Joint Compliance Audit Committee.

1. Definitions

As used in this procedure, the following terms shall have the meanings indicated:

a) Act shall mean the Municipal Elections Act, S.O. 1996.

b) Applicant shall mean an Elector who makes an application pursuant to s.81 of the Municipal Elections Act, 1996.

c) Application shall mean an application properly completed and submitted to the Clerk pursuant to s. 81(2) of the Municipal Elections Act, 1996.

d) Candidate shall mean the Candidate whose election campaign finances are the subject of an application for a compliance audit.

e) Chair shall mean the Member selected by the Members of the Compliance Audit to preside over its meetings.

f) Clerk shall mean the Municipal Clerk of the municipality that receives the application or their authorized designate.

g) Committee shall mean the Joint Joint Compliance Audit Committee established by the three municipalities.

h) Council shall mean the Council of the municipality that receives the application

i) Elector shall mean a person eligible to vote in the municipal election of one of the three municipalities in accordance with the Municipal Elections Act, 1996.

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j) Member shall mean a person appointed by Council to the Compliance Audit Committee.

k) Procedures shall mean this document in its entirety.

l) Three Municipalities shall mean the Municipality of Dysart et al and the Townships of Minden Hills and Algonquin Highlands.

2. Composition

The Committee will be composed of three members, with one being selected from each of the municipalities forming the Joint Compliance Audit Committee. Each municipality will also select a backup for cases where the appointed member cannot make a meeting.

3. Rules and Governing Legislation

a) The Committee shall fulfil their mandate and complete requirements within the minimum timeframes established in the Act.

b) Meetings of the Committee shall be open to the public, notwithstanding the provisions of Section 239 of the Municipal Act, 2001 shall apply to meetings or portions of meetings of the Committee.

A motion to close a meeting or part of a meeting to members of the public shall state: i. The fact of the holding of the closed meeting; and ii. The general nature of the matter to be considered at the closed meeting by reference to the specific issue to be considered at the closed meeting.

Upon resuming open session, the Chair shall state: i. The matters which were considered; and ii. Confirmation that no motions were carried in closed session other than procedural motions or directions to staff.

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c) The terms of the Municipal Conflict of Interest Act apply to the Members of the Committee.

d) The rules in these procedures shall be observed in all meetings of the Committee. Notwithstanding, the Committee may waive any rule of procedure in this by-law as it considers appropriate to ensure that the real questions in issue are determined in a just manner.

e) If these rules of procedures do not provide for a matter of procedure that arises during a meeting, the practice shall be determined by the Chair and the Clerk and they may do whatever is necessary and permitted by law to enable the Committee to effectively and completely adjudicate on the matter before it.

f) Roberts Rules of Order, latest edition, shall be the parliamentary rules in the event of a dispute.

4. Filing an Application for Compliance Audit

a) An application for a compliance audit may be filed, with the Clerk of the municipality where the Candidate ran, if the Elector believes on reasonable grounds that a Candidate is in contravention of the Act as it relates to campaign finances. The application shall be in writing and shall include the nature of the contravention, the Elector’s belief, the reasons for the Elector’s belief and any supporting documentation.

b) In accordance with the Act, the application must be filed with the Clerk within 90 days of the Candidate’s deadline for filing his or her financial statement under the Act.

c) Within ten (10) days after receiving the application the Clerk shall:

i. Circulate a copy of the application to the following:  Committee;  Council; and  Candidate, along with an invitation to respond to the application in writing within three (3) days of receipt.

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ii. The copies, and invitation as applicable, may be sent by electronic transfer provided confirmation of receipt is produced to and retained by the Clerk. If confirmation of receipt is not available, the copies shall be sent by registered mail.

Upon receipt of a written response, the Clerk shall circulate a copy to the Committee, Council and the Applicant. Circulation shall in the same manner as noted in 3(c)(ii) above.

5. Meetings

a) The Committee shall meet at the request of the Clerk.

b) The Clerk shall summon a meeting of the Committee when the Clerk considers it necessary, when required by the Act and when requested to do so in writing by a majority of the Members.

c) Meetings of the Committee shall be held at a place designated by the Clerk;

d) Committee meetings shall commence at a time and date to be set by the Clerk;

e) A quorum is required at each meeting and majority of the Members constitutes a quorum. If no quorum is present thirty (30) minutes after the time fixed for a meeting or should a quorum at a meeting be lost for a period of thirty (30) consecutive minutes, the Clerk shall record the names of the Members present and the meeting shall be adjourned until the next duly called meeting has been scheduled by the Clerk.

f) The Applicant, the Candidate and Auditor, where applicable, shall be given an opportunity to address the Committee; and

g) Addresses to the Committee shall be no more than five (5) minutes in length.

6. Notices

a) The Clerk shall give notice of a Committee meeting in accordance with the Procedural By-law of that municipality.

By-law No. 2014-83 - Being a By- Page 64 of 170 law to Establish a Joint Municipality of Dysart et al Joint Compliance Audit Committee Rules of Procedure

b) Where an application is to be considered at a meeting, the Clerk shall give reasonable notice to the Applicant and Candidate of the time, place and purpose of a meeting and of the fact that if either party fails to attend the meeting the Committee may proceed in the party’s absence and the party may not be entitled to further notice in relation to the meeting. This initial notice shall include a copy of the application and a copy of any written response submitted by the Candidate.

c) Where the purpose of the meeting is to consider an auditor’s report prepared in respect of an application previously considered, notice of this meeting shall be provided to the Auditor, Applicant and Candidate. Notice of this and any subsequent meeting in respect of the application or auditor’s report will be provided to the respective Applicant and the Candidate at the last known mailing address of the party, unless a more specific mailing address is provided to the Clerk as required by this procedure.

d) The Clerk will forward notice of the Committee’s decision(s) in respect of the application to the Applicant and the Candidate, and the Auditor if applicable, at the last known mailing address of each party, unless a more specific mailing address is provided to the Clerk as required by this procedure.

7. Agenda

a) Before each meeting the Clerk shall provide an agenda to each Member.

b) A copy of the agenda shall also be published on the municipal website of the municipality where the application is being considered.

c) The first matter of business on each agenda shall be the declaration of any interest in any matter on the agenda.

8. Committee Procedures – General

a) Opening Statement

The Chair will read an opening statement outlining the procedure and format of the Committee meeting.

By-law No. 2014-83 - Being a By- Page 65 of 170 law to Establish a Joint Municipality of Dysart et al Joint Compliance Audit Committee Rules of Procedure

b) Motions

Following the Chair’s opening statement and before considering the substance of agenda items, the Members may make preliminary motions with respect to any business properly before the Committee. Preliminary motions may include motions to change the order of business, to postpone an agenda item, or to combine consideration of applications for reasons of similarity.

c) Committee Business

i. The Clerk shall call the inaugural meeting of the Committee to order for the purposes of nominating and selecting the Chair who shall be selected from among the Members. Once chosen the Chair shall preside over meetings until a successor is selected. When the Chair is absent or is otherwise unable to act, the Committee may select another Member as Acting Chair. While presiding the Acting Chair shall have all the powers of the Chair.

ii. Prior to consideration of an item on the agenda, the Chair will identify for those present the agenda item to be considered.

iii. Where the agenda includes consideration of more than one application, each application will be dealt with by the Committee in its entirety before consideration of the next application, unless combined by motion.

9. Committee Procedures – Application

a) Introduction Application and Recording of Applicant and Candidate

Prior to consideration of an application, the Chair shall request the Applicant, Candidate and any agent authorized by them to identify themselves by providing their name and mailing address to the Clerk.

b) Presentations

i. The Chair shall invite the Applicant, Candidate or their authorized agent, and any member of the public who wishes to speak to the application to make their presentation.  Speakers shall address the application currently under consideration only. 6

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ii. The Members may, through the Chair, ask questions of the speaker(s).

iii. Any document submitted to the Committee during a presentation shall be made available on request, subject to any law which would prohibit disclosure.

c) Rules of Debate on an Application

Following presentations, the application shall then be open for debate by the Members only.

d) Committee Decisions on an Application

i. Within 30 days of receipt of the application, the Committee shall decide whether to grant or reject the application.

ii. If the Committee decides to grant the application it shall, by motion, appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit of the Candidate’s election campaign finances.

10. Committee Procedures – Auditor’s Report

a) Introduction of an Auditor’s Report

i. The Auditor shall present a summary of the auditor’s report as previously submitted to Committee.

ii. The Members may, through the Chair, ask questions of the Auditor.

b) Presentations

i. The Chair shall invite the Applicant, Candidate or their authorized agent, and any member of the public who wishes to speak to make their presentation. . Speakers shall address the decisions available to the Committee as a result of the audit only. . Speakers shall not address the Auditor or the content of the auditor’s report.

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ii. The Members may, through the Chair, ask questions of the speaker(s).

iii. Any document submitted to the Committee during a presentation shall be made available on request, subject to any law which would prohibit disclosure.

c) Rules of Debate on the Auditor’s Report

Following presentations, the auditor’s report shall then be open for debate by the Members only.

d) Committee Decisions on an Auditor’s Report

In accordance with s. 81(10) of the Act, within 30 days of receipt of an auditor’s report, the Committee shall consider the report and may:

i. commence a legal proceeding against the Candidate for any apparent contravention, if the report concludes that the Candidate appears to have contravened a provision of this Act relating to election campaign finances; or

ii. make a finding as to whether there were reasonable grounds for the application, if the report concludes that the Candidate does not appear to have contravened a provision of the Act relating to election campaign finances.

11. General Rules of Debate

a) When two or more Members wish to speak, the Chair shall designate the Member who first requested to speak as the Member who speaks first.

b) A Member may, through the Chair, ask a question only: i. of a Member who has already spoken on the matter under discussion; ii. of the Chair; iii. of an official of the municipality where the application was made; and iv. of any other person who has addressed the Committee

c) A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion.

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d) Any Member may propose a motion on the matter then under consideration which the Clerk shall record in writing. Before the vote is taken on any motion it shall be read as recorded by the Clerk.

e) Every Member present at a meeting of the Committee when a question is put by the Chair shall vote on the question, unless prohibited by statute, in which case the fact of the prohibition shall be recorded in the minutes of the meeting.

f) The matter put to a vote shall be in the form of a motion addressing the matter then under consideration.

g) All motions must be introduced by a mover, before the Chair states the question or motion and places it to the Members for consideration.

h) After a motion is properly moved, it shall be deemed to be in the possession of the Committee, but may be withdrawn by the mover at any time before debate on the consideration has begun.

i) A motion to amend shall relate to the subject matter of the main motion, shall not be received posing a direct negative to the question, and shall be put to vote in reverse order in which the amendments are made. Only one motion to amend an amendment to the original motion shall be allowed.

j) If a Member neglects or refuses to vote on a motion, it shall be considered a negative vote.

k) In the case of a tie vote, the motion shall be deemed to be lost.

12. Minutes of the Committee

a) The Clerk shall prepare draft minutes of each meeting of the Committee and shall provide Members with a copy. The minutes shall include the names of persons present who addressed the Committee, a summary of the activities at the meeting, all motions properly moved, their disposition and a brief rationale for the decisions made.

b) The draft minutes shall be circulated to the Members for review. If time permits, the minutes may be approved at the next duly called meeting of the Committee.

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As an alternative and in recognition of the legislated time limits, each Member’s approval of the minutes may be returned to the Clerk by electronic transmission. The Clerk shall retain the electronic transmission for recordkeeping purposes. The minutes, once approved, shall be signed by the Chair and the Clerk.

c) As soon as practicable after each meeting, the Clerk shall:

i. provide a copy of the approved minutes, or as an alternative Notice of Committee Decision, to the affected Applicant, Candidate, and Auditor. The copy may be sent by electronic transmission provided confirmation of receipt is produced to and retained by the Clerk. If confirmation of receipt is not available, the copy shall be sent by registered mail; and

ii. post a copy of the approved minutes, or as an alternative Notice of Committee Decision, on the municipal website.

13. Additional Duties of the Clerk

a) At the request of the Committee, the Clerk shall issue a Request for Proposals or Request for Expression of Interest with respect to the conduct of a compliance audit and/or the provision of legal services. The issuance and selection process shall be consistent with the municipality’s procurement policy.

b) The Clerk shall carry out any other duties required under the Act to implement the Committee’s decisions.

14. Additional duties of the Chair

a) If the Chair resigns as a Member or resigns as the Chair, the Committee shall appoint another Member as Chair for the balance of the Term of the Council and until a successor is appointed.

b) The Chair shall act as the liaison between the Members and the Clerk

c) The Chair shall enforce the observance of order and decorum among the Members and the public at all meetings.

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d) The Chair shall receive and submit, in accordance with standard parliamentary procedures, all motions presented by the Members.

e) The Chair shall put to a vote all motions, which are moved or necessarily arise in the course of the proceedings and to announce the results.

f) The Chair shall adjourn the meeting when the business of the Committee is concluded.

15. Remuneration

There will be no remuneration for attendance at meetings. Committee members will be paid mileage to attend meetings in accordance with the Municipality’s Mileage Policy.

By-law No. 2014-83 - Being a By- Page 71 of 170 law to Establish a Joint Haliburton BIA and Haliburton & Page 72 of 170 District Lions Club Re: Santa

Curator/Director Report September 2014 Rails End Gallery and Arts Centre

Doors Open at Rails End The gallery welcomed 75 visitors on Saturday September 6 for Doors Open Haliburton. On hand were three artist volunteers who were glad to chat with the public about our public art gallery and historical facts about our heritage railway station.

Hike Haliburton puts Rails End on the map Sunday September 21 Rails End hosts a Plein Air Painting workshop with local artist Janet Trull. This is a free event presented in coordination with Hike Haliburton 2014.

Rails End washroom closed to public Our washrooms are closed to the public until further notice to comply with public health regulations and on instruction from Dysart et al Bylaw Enforcement staff. We would like to provide facilities to our visitors in the future and urge Council to let us know if there is a remedy to this situation, which is uncomfortable and unwelcoming to our patrons.

Ontario wide Juried Exhibiton of Clay and Glass coming to Rails End We are delighted to present FIREWORKS (Ontario Clay and Glass Assocation Biennial) at the Gallery this fall. This exhibition is an ideal counterpoint to the Haliburton County Studio Tour and we anticipate many visitors who are curious about the use of clay as a medium for both artistic and functional work. Work by some of the top clay artists in Canada will be featured.

EXHIBITIONS August 15 – September 27 Art for Good an exhibition of work by Artists who create work for the good of Mother Earth. Artists: Anna Gaby-Trotz, Carole Finn, Wendy Bateman September/ October Lessons Learned at the Lake: Janet Trull, Jacqui Clarkson and Janet Longmore September /October/November Fireworks Biennial Juried Exhibition on loan from the Ontario Clay and Glass Association

Open Wednesday to Saturday 11 – 5 www.railsendgallery.com Facebook/railsend twitter@railsend Pinterest/railsend

submitted by Laurie Jones, Curator and Director, Rails End Gallery and Arts Centre

Rails End Gallery and Arts Centre Page 73 of 170 Report - September. Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: September 10th, 2014 Re: Zoning By-law 2014-76 Lands of Cresswell and the Estate of Gina Salvatori Roll No.: 050-000-28400 and 050-000-35200 All of Lots 4 to 8 Inclusive, and Part of Lots 9 and 10, Concession 5 Part of Lots 3 to 8 Inclusive and Part of Lot 10, Concession 6 Geographic Township of Harburn

Recommendation: Staff recommend that the following resolution be passed:

Be it reolved that By-law 2014-76, which is a by-law to amend By-law 2005-120, by changing the zone on Lots 4 to 8 inclusive, and Part of Lots 9 and 10, Concession 5 and Part of Lots 3 to 8 inclusive, Concession 6, in the geographic Township of Harburn from "RU1" (the Rural Type 1 zone), "M" (the General Industrial zone) and "EP (the Environmental Protection zone) to "RU1" (the Rural Type 1 zone), "RU1-9" (the Rural Type 1-9 Exception zone), "RU2" (the Rural Type 2 zone) and "EP (the Environmental Protection zone) be read a first, second, third time, passed, signed and the Corporate Seal attached thereto. The Environmental Protection Zone (EP) is is further defined by this application.

Background: • The owners own two adjacent properties and have submitted severance applications for each parcel. The applications will sever the property into five separate holdings (H-013/14, H-014/14 and H-015/14). This zoning by-law amendment application is a condition of the severance applications. • The severed parcels of applications H-014/14 and H-015/14 will be zoned RU2 to recognize that they are backlots. The retained parcel of H-015/14 will remain in the RU1 zone and the M zone that exists on this parcel will be changed accordingly. The remainder of the property will be zoned RU1-9, which is a site specific zone to implement the required 30 metre setback from the wetland. The EP zone is redefined by the By-law. The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Official Plan. The recommendations of the site evaluation report will apply. • Notice of the public meeting to discuss the proposed by-law was circulated to all persons and agencies, required by regulation on August 5th, 2014. An advertisement was placed in the local paper. • The public meeting was held on September 2nd, 2014.

Zoning By-law Amendment: Cresswell and Salvatori Estate Page 1 of 2

Applications and Approvals: Page 74 of 170

• There are no verbal or written comments either in support of or in opposition to the file. • The Public Meeting Committee recommends approval of the proposed by-law.

Summary: The owners own two adjacent properties. They have conditional consent from the Haliburton County Land Division Committee to sever their property into 5 lots for rural purposes (H-013/14, H-014/14 and H-015/14). This zoning by-law amendment application recognizes the proposed rural use, including two lots that are "backlots" to Oblong Lake and the river. It implements a 30 metre setback from the wetland. The by-law is consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan.

Financial Implications: there are no financial implications.

Attachments: the following are attached to this report: − By-law 2014-76; − a key map showing the location of the subject lands; and − the site development plan, showing the wetland and setbacks.

Zoning By-law Amendment: Cresswell and Salvatori Estate Page 2 of 2

Applications and Approvals: Page 75 of 170

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014 - 76

BEING A BY-LAW TO AMEND ZONING BY-LAW 2005-120

(Lands of Cresswell and the Estate of Salvatori)

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13 authorizes the Council of a municipality to pass Zoning By-laws for the purpose of land use controls.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al has received a complete application to amend Zoning By-law 2005-120, as amended.

AND WHEREAS a public meeting was held on September 2nd, 2014 pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, c.P.13.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al deems it advisable to amend By-law No. 2005-120, as amended.

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts the following as a by-law:

1. Schedule "A", Map 7 of By-law 2005-120, as amended, is hereby further amended by changing the zone symbol on Lots 4 to 8 inclusive, and Part of Lots 9 and 10, Concession 5, and Part of Lots 3 to 8 inclusive, Concession 6 in the geographic Township of Harburn, from "RU1" (the Rural Type 1 zone), "M" (the General Industrial zone), and "EP" (the Environmental Protection zone ) to "RU1" (the Rural Type 1 zone), RU1-9 (the Rural Type 1-9 Exception zone), "RU2" (the Rural Type 2 zone) and "EP" (the Environmental Protection zone ), as shown on Schedule "A", attached hereto, and forming part of this By-law.

2. Section 9.4.1 to By-law 2005-120, as amended, is hereby further amended by the addition of the following subsections:

9.4.1.9 RU1-9 Exception Zone (By-law 2014-76)

Despite any provision to the contrary of Section 9, or any other provision of this By-law, within the RU1-9 Exception Zone, the following provisions shall apply:

(a) Definitions:

 Minimum setback distance, EP zone: means the least permitted distance between the EP zone boundary and the nearest part of any structure.

(b) Permitted uses:

 All uses permitted by the RU1 Zone.

…2/

Applications and Approvals: Page 76 of 170

- 2-

 Minimum setback distance, EP Zone, 30 metres All other buildings and structures:

All zone provisions applicable to the RU1 Zone.

(d) All other provisions of this By-law as applicable to the RU1 Zone shall apply.

3. This By-law shall come into force on the date of final passing if no notice of appeal is filed with the Clerk within 20 days of the giving of notice of passage of this By-law.

If a notice is filed with the Clerk, the By-law shall only come into force according to the provisions of Section 34(30) of The Planning Act, R.S.O. 1990, Chapter P.13, as amended.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

Applications and Approvals: Page 77 of 170

Applications and Approvals: Page 78 of 170

Applications and Approvals: Page 79 of 170

Green Candle Lake

Co µ operage Dr

C urry Rd Oblong Lake

F d o r R t e Ir k w a in L R n Shirleys Rd d o

r H u H a b al lib i ib urto l u n La a rt ke on Rd H La 14 ke Haliburton Lake W D AO un n Rd

Hodgson Rd Subject Lands

Moose Lake

KEY MAP M o os Application to Amend Zoning By-law e L ak Lands of Cresswell and Estate of Salvatori e Rd All of Lots 4 to 8 and Part of Lots 9 & 10, Concession 5 Part of Lots 3 to 8 and Part of Lot 10, Concession 6 Geographic Township of Harburn

050-000-28400 & 050-000-35200 Date: 16/09/2014

DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form,

in part or in whole, without written permission. d

R BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO

Use of this data does not constitute an endorsement by MNR or the Ontario Government. r

0 90 180 360 540 720 b West Lake r

Meters a

Applications and Approvals: Page 80 of 170

Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: September 10th, 2014 Re: Zoning By-law 2014-77 Lands of Brannigan Roll No.: 013-000-07100 Part Lot 14, Concession 11 Geographic Township of Dysart

Recommendation: Staff recommend that the following resolution be passed:

Be it resolved that By-law 2014-77, which is a by-law to amend By-law 2005-120, by changing the zone in Part Lot 14, Concession 11 in the geographic Township of Dysart from the Rural Type 1 zone (RU1) and the Environmental Protection zone (EP) to the Rural Residential Exception-15 zone (RR-15) and the Environmental Protection zone (EP), be read a first, second, third time, passed, signed and the Corporate Seal attached thereto.

Background:  Mr. and Mrs. Brannigan have made application to rezone their property on Highway 118 to permit the conversion of an existing private garage to a garden suite. The garden suite will be occupied by a family member.  Notice of the public meeting to discuss the proposed by-law was circulated to all persons and agencies, required by regulation on August 5th, 2014. An advertisement was placed in the local paper.  The public meeting was held on September 2nd, 2014.  The Ministry of Transportation has no concerns with the application. There are no verbal or written comments either in support of or in opposition to the file.  The Public Meeting Committee recommends approval of the proposed by-law.

Summary: Mr. and Mrs. Brannigan have made application to rezone their property on Highway 118 to permit the conversion of an existing private garage to a garden suite. The garden suite will be occupied by a family member. This proposal is generally consistent with Provincial Policy and conforms to the provisions of the Official Plan.

Zoning By-law Amendment: Brannigan Page 1 of 2

2. Lands of Brannigan, Hwy 118; Page 81 of 170 Township of Dysart: Financial Implications: there are no financial implications.

Attachments: the following are attached to this report:  By-law 2014-77;  a key map showing the location of the subject lands; and  the site development plan and exterior building plans.

Zoning By-law Amendment: Brannigan Page 2 of 2

2. Lands of Brannigan, Hwy 118; Page 82 of 170 Township of Dysart:

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014 - 77

BEING A BY-LAW TO AMEND ZONING BY-LAW 2005-120

(Lands of Brannigan)

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13 authorizes the Council of a municipality to pass Zoning By-laws for the purpose of land use controls.

AND WHEREAS Sections 39(1) and 39.1(3) of the Planning Act, R.S.O. 1990, c.P.13 allows the Council of a municipality, in a by-law passed under Section 34 of the said Planning Act, to authorize the temporary use of land to permit the installation of a garden suite for a maximum period of 20 years.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al has received a complete application to amend Zoning By-law 2005-120, as amended and this application requests a zone change to permit the installation of a garden suite.

AND WHEREAS a public meeting was held on September 2nd, 2014 pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, c.P.13.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al deems it advisable to amend By-law No. 2005-120, as amended.

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts the following as a by-law:

1. Schedule "A", Map 2 of By-law 2005-120, as amended, is hereby further amended by changing the zone symbol on Part Lot 14, Concession 11, in the geographic Township of Dysart from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone) to "RR-15" (the Rural Residential-15 Exception zone) and "EP" (the Environmental Protection zone), as shown on Schedule "A", attached hereto, and forming part of this By-law.

2. Section 5.4.11 to By-law 2005-120, as amended, is hereby further amended by the addition of the following subsections:

5.4.11.15 RR-15 Exception Zone (By-law 2014-77)

Despite any provision to the contrary of Section 5, or any other provision of this By-law, within the RR-15 Exception Zone, the following provisions shall apply:

(a) Permitted uses:

 a single family dwelling;  a bed and breakfast establishment  a garden suite as defined by Section 39.1(s) of the Planning Act, R.S.O. 1990, c.P13;  a home office;  any other home business. …2/

2. Lands of Brannigan, Hwy 118; Page 83 of 170 Township of Dysart:

- 2 -

(b) Zone provisions:

All zone provisions applicable to the RR Zone, except as follows:

- Lot area, minimum: 3.2 hectares - Lot frontage, minimum: 335 metres

3. Pursuant to the provisions of Section 39.1(3) of the Planning Act, R.S.O. 1990, c.P.13, as amended, this by-law shall be in effect for a maximum period of 20 years from the date of passing (September 22nd, 2034), or until such time as the occupant no longer requires use of the garden suite, should that occur first.

4. This By-law shall come into force on the date of final passing if no notice of appeal is filed with the Clerk within 20 days of the giving of notice of passage of this By-law.

If a notice is filed with the Clerk, the By-law shall only come into force according to the provisions of Section 34(30) of The Planning Act, R.S.O. 1990, Chapter P.13, as amended.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

2. Lands of Brannigan, Hwy 118; Page 84 of 170 Township of Dysart: RU1

SCHEDULE "A" THIS IS SCHEDULE "A" TO BY-LAW NO. 2014 - 77 ENACTED TO BY-LAW No. 2014-77 - ZONE CHANGE THE 22ND DAY OF SEPTEMBER, 2014. PART OF LOT 14, CONCESSION 11, GEOGRAPHIC TOWNSHIP OF DYSART FROM RU1 TO RR-15 MUNICIPALITY OF DYSART et al ______COUNTY OF HALIBURTON REEVE

SCALE 1:1,994 05 10 20 30 40 Meters ______CLERK RU1 µ

WR4L Lymburner Dr RU1

Hwy 118

1161' +/-

428' +/- PART LOT 14, CONCESSION 11

013-07100

1125' +/- 107' +/- CONCESSION 11 1125' +/- CONCESSION 12

LOT14

LOT13 RU1 CH-6

DISCLAIMER: This map is for planning purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use.

2. Lands of Brannigan, Hwy 118; Page 85 of 170 Township of Dysart: A Ji m LOT 12, CON 11 m B al e ee ef n L D a r ke R µd Jim Beef Lake LOT 17, CON 11 LOT 14, CON 11 LOT 15, CON 11 LOT 16, CON 11 LOT 13, CON 11

Salvatori Tr r D er rn bu m Subject Lands Ly LOT 12, CON 11

Brooktrout Run Rd

LOT 17, CON 10 LOT 15, CON 10 LOT 16, CON 10 LOT 13, CON 10 LOT 14, CON 10 LOT 12, CON 10

Harburn Rd

H w y 1 1 8

KEY MAP LOT 16, CON 9 Application to Amend Zoning By-law Lands of Brannigan C o Part Lot 14, Concession 11 l Rd le yshore d g Geographic Township of Dysart Ba R e y D on r m ar 013-000-07100 H LOT 15, CON 9 LOT 17, CON 9 LOT 14, CON 9 t LOT 13, CON 9 C LOT 12, CON 9

d r

o f In d d n d u a R s S tr m ia eu l us Pa M rk R d Head Lake Date: 17/09/2014

DISCLAIMER: This map is for planning reference purposes only and is not a survey of F a properties. No representation is made or warranty given as to its content. User assumes r all risk of use. The Municipality of Dysart et al assumes no responsibility for any m N loss resulting from such use. This publication may not be reproduced in any form, c o r r in part or in whole, without writMten permission. e th allar d d Rd s s t t R a

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO A r e Use of this data does not constitute an endorsement by MNR or the Ontario Government. v LOT 16, CON 9 T

b r e 0 45 90 180 270 360 l

Meters G LOT 12, CON 8 LOT 13, CON 8 LOT 14, CON 8 LOT 15, CON 8 LOT 16, CON 8LOT 17, CON 8

2. Lands of Brannigan, Hwy 118; Page 86 of 170 Township of Dysart: 2. Lands of Brannigan, Hwy 118; Page 87 of 170 Township of Dysart: 2. Lands of Brannigan, Hwy 118; Page 88 of 170 Township of Dysart: 2. Lands of Brannigan, Hwy 118; Page 89 of 170 Township of Dysart: Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

www.dysartetal.ca [email protected]

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 10th, 2014

Re: By-law 2014-78 – Authorize Garden Suite Agreement Lands of Brannigan Roll No.: 013-000-07100 Geographic Township of Dysart

Recommendation:

Be it resolved that By-law 2014-78, a by-law to authorize the execution of an agreement to regulate the installation, maintenance and removal of a garden suite with respect to the lands of Isaac and Angela Brannigan in Part Lot 14, Concession 11, in the geographic Township of Dysart be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

Status  Council first reviewed the draft garden suite agreement at the meeting of June 23rd, 2014. The agreement has been reviewed and accepted by the applicants.  The applicants have executed the documents and paid the required security.

Background:  The Planning Act allows the Municipality to pass temporary by-laws to permit the installation of a garden suite for a defined period of time, not to exceed 20 years. Three years extensions can be granted to the original by-law if necessary. A garden suite is defined in the Planning Act as: "…a one-unit detached residential structure, containing bathroom and kitchen facilities, that is ancillary to an existing residential structure and that is designed to be portable."  The Planning Act also allows a municipality to enter into an agreement with the land owner to define the terms for the installation, maintenance and removal of the garden suite; the period of occupancy; to name the occupant; and to establish security to ensure due compliance with the terms of the agreement.  Mr. and Mrs. Brannigan have made application for a temporary zoning by-law to permit a garden suite on their property, to accommodate Mr. Brannigan's grandfather. This garden suite agreement

Garden Suite Agreement: Brannigan Page 1 of 2

(b) By-law 2014-78, Execute Page 90 of 170 Garden Suite Agreement. accompanies the proposed by-law. The agreement applies only to the current land owners (it is not transferable) and outlines the conditions for the installation, maintenance and removal of the garden suite. Key provisions of the agreement include:  Plans: The agreement requires general compliance with the site plan submitted by the owners.  Occupant: The agreement names Mr. Brannigan's grandfather as the occupant of the garden suite.  Term: The agreement allows for use of the garden suite for a maximum period of 20 years or until the occupant no longer needs the garden suite, whichever occurs first.  Removal: The agreement requires the conversion of the garden suite to a private garage upon expiration of the temporary zoning by-law or within 6 months of the date that the garden suite is no longer required.  Services: The owners are to ensure that the garden suite is properly serviced with potable water, sewage disposal services, heat and hydro.  Security: The agreement requires the owners to lodge security in the amount of $5000.00 with the Municipality to ensure that the garden suite is converted as noted above.  Default: The agreement permits the Municipality to draw upon the security in the event that the owners default on the terms of the agreement (improper servicing of the garden suite or failure to remove the garden suite).

Summary: Mr. and Mrs. Brannigan have made application for a temporary zoning by-law to permit a garden suite on their property, to accommodate Mr. Brannigan's grandfather. This garden suite agreement accompanies the proposed by-law. The agreement applies only to the current land owners (it is not transferable) and outlines the conditions for the installation, maintenance and removal of the garden suite.

Financial Implications: The agreement requires security in the amount of $5000.00 to ensure due compliance with the terms of the agreement.

Attachments: the following are attached to this report:  By-law 2014-78; and  the garden suite agreement.

Garden Suite Agreement: Brannigan Page 2 of 2

(b) By-law 2014-78, Execute Page 91 of 170 Garden Suite Agreement.

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014 - 78

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT PURSUANT TO SECTION 39.1 OF THE PLANNING ACT, R.S.O., 1990, CHAPTER P.13, AS AMENDED

WHEREAS Angela and Isaac Brannigan are the owners of land generally described as Part of Lot 14, Concession 11 in the geographic Township of Dysart, now in the United Townships of Dysart et al, in the County of Haliburton, as described in PIN 39185-0115 (LT).

AND WHEREAS the owners would like to install a garden suite on their property and a temporary zoning by-law, By-law 2014-77, has been passed by Council to permit this use.

AND WHEREAS the Municipality now requires Angela and Isaac Brannigan to enter into an agreement pursuant to Section 39.1 of the Planning Act, R.S.O., 1990, c.P.13, as amended to regulate the installation, maintenance and removal of the garden suite.

AND WHEREAS the parties agree to enter into the said agreement.

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts as follows:

1. That the Reeve and the Clerk of the Corporation of the United Townships of Dysart et al are hereby authorized to execute an agreement with Angela and Isaac Brannigan with respect to their property in Part of Lot 14, Concession 11 in the geographic Township of Dysart, substantially in the form detailed in Schedule "A", attached hereto. 2. Schedule "A" is hereby declared to form part of this By-law. 3. This By-law shall come into force and effect immediately after the passing of same.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

(b) By-law 2014-78, Execute Page 92 of 170 Garden Suite Agreement.

AGREEMENT TO REGULATE THE INSTALLATION MAINTENANCE AND REMOVAL OF A GARDEN SUITE

THIS AGREEMENT made in triplicate this 22nd day of September 2014.

BETWEEN:

ANGELA LEE BRANNIGAN AND ISAAC ROY BRANNIGAN

hereinafter called the "Owners" OF THE FIRST PART

- and

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

hereinafter called the "Municipality" OF THE SECOND PART

I. WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" attached hereto, which lands are collectively referred to herein as "the subject lands".

II. AND WHEREAS the Owners have applied to the Municipality for a temporary by-law to permit the installation of a garden suite on the subject lands.

III. AND WHEREAS the Owners have submitted an illustration to show the general location of the existing single family dwelling and the garden suite, and this illustration is referred to herein as "the site plan".

IV. AND WHEREAS as a condition to passing the By-law to authorize the temporary use of the subject lands for a garden suite, the Municipality requires the Owners to enter into an Agreement pursuant to Section 39.1(1) of the Planning Act R.S.O. 1990, c.P.13, as amended, with respect to the installation, maintenance and removal of the garden suite.

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and other good and valuable consideration and the sum of ------TWO ------DOLLARS ($2.00) of lawful money of Canada now paid by each of the parties hereto (the receipt whereof is acknowledged), the parties covenant and agree with each other as follows:

GENERAL

1. The Owners warrant that as of the date of the execution of this Agreement by the Municipality that:

a) the Owners will be the registered owners in fee simple of the lands described in Schedule "A" attached hereto;

Agreement – Garden Suite: Brannigan Page 1 of 7

(b) By-law 2014-78, Execute Page 93 of 170 Garden Suite Agreement.

b) any mortgagees or chargees shown herein will be the only mortgagees against the said lands; c) there will be no other encumbrances registered against the said lands, save and except those specifically noted herein.

2. The lands affected by this Agreement are the lands described in Schedule "A" attached hereto, and are referred to herein as "the subject lands".

3. The Owners covenant and agree that no work shall be performed on the subject lands or the property of the Municipality or the Province except in conformity with:

a) the provisions of this Agreement, including the Schedules hereinafter referred to and attached hereto; b) "the site plan"; c) all plans and specifications submitted to and accepted by the Municipality as being within its design criteria; d) all applicable Municipal By-laws; and e) all applicable Federal and Provincial legislation.

4. The Owners acknowledges that:

a) they have made representations to the Municipality that they will complete all works/obligations required herein, in accordance with the plans filed and accepted by the Municipality; and b) the Municipality has entered into this Agreement in reliance upon these representations.

5. The following schedules are attached to, and form part of, this Agreement:

Schedule "A" - Description of the Lands Schedule "B" - Plans and Reports

6. There shall be no changes in the Schedules attached hereto, or to any plan accepted by the Municipality, unless such proposed changes have been submitted to, and accepted/approved by the Municipality. Such approval process may include additional information with respect to zoning, site plan, storm water management etc. The minimum requirement, unless determined otherwise by Council, will be the submission by the Owners of a revised site plan showing the intended development, and the endorsement of the said revision by resolution of Council.

LAND USE

7. The Owners acknowledge that the subject lands are zoned Rural Residential 15 Exception zone (RR-15) by By-law 2005-120, as amended by By-law 2014-77. By-law 2014-77 permits the conversion of an existing private garage to a garden suite, as defined by Section 39.1(2) of the Planning Act, R.S.O. 1990, c.P. 13, for use only by the occupant. By-law 2014-77 is a temporary zoning by-law, which is in effect for a maximum period of 20 years or until such time as the occupant no longer needs the garden suite, whichever occurs first. By-law 2014-77 outlines the uses, permitted by the RU1-9 zone.

8. The Owners understand, acknowledge and agree that use of the garden suite is restricted to the following person, who is referred to herein as "the occupant": Mr. Neil Howe

Agreement – Garden Suite: Brannigan Page 2 of 7

(b) By-law 2014-78, Execute Page 94 of 170 Garden Suite Agreement.

9. The Owners understand, acknowledge and agree that upon expiration of By-law 2014-77 or within 6 months from the date that the garden suite is no longer required by the occupant, whichever occurs first, the garden suite is to be removed or reconverted to a private garage/storage shed.

10. The Owners specifically acknowledge and agree that the said garden suite is not to be rented to persons other than the occupant, as noted in Paragraph 8 above.

11. The Owners agree to ensure that at all times, that the garden suite is properly serviced with potable water, sewage disposal services, heat and hydroelectricity in compliance with all municipal and provincial regulations.

SECURITY

12. Prior to the execution of this Agreement, the Owners will lodge with the Municipality, security to ensure due compliance with all the provisions and obligations set out in this Agreement and in particular to guarantee the removal or reconversion of the garden suite as noted in Paragraph 9 above.

Security will be in the amount of FIVE THOUSAND CANADIAN DOLLARS ($5000.00) and be in the form of cash, certified cheque or letter of credit.

Any security filed with the Municipality is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all security received by the Municipality may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Owners.

13. If, in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Municipality to realize on its security, the following shall apply:

a) the Municipality, its officers, employees and agents shall, if the Municipality so elects, have the right and the privilege to realize upon the security upon 5 days prior notice, in writing, to the Owners of its intention. In the event that the Owners fail to cure any default within the said 5 day notice period, the Municipality shall be entitled to realize upon its security or deposits without further notice to the Owners in accordance with the provisions of this Agreement and to enter upon the said lands for the purpose of either:

i) repairing or completing any work or services required to be completed by the Owners under this Agreement; or

ii) removing and disposing of the garden suite, which may include the selling of the garden suite. The proceeds from the sale of the garden suite will be used by the Municipality to recover any costs, which exceed the amount of security held by the Municipality. Any surplus monies remaining after all outstanding accounts have been reconciled and paid will be returned to the Owners.

b) if the costs of completing such work or service, exceeds the amount of security held by the Municipality, such excess shall be paid by the Owners to the Municipality 30 days after invoicing by the Municipality. All overdue accounts shall bear interest at a rate of 15% per annum commencing 30 days after demand has been made.

c) the Owners agree to indemnify and save harmless the Municipality from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Municipality, its servants, agents or sub-contractors in order to complete or partially complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not

Agreement – Garden Suite: Brannigan Page 3 of 7

(b) By-law 2014-78, Execute Page 95 of 170 Garden Suite Agreement.

caused as a result of negligence on the part of the Municipality, its officers, employees or agents.

d) the rights of the Municipality pursuant to this paragraph are in addition to any other rights, which the Municipality may have at law for default by the Owners under this Agreement.

14. If, as a result of any work undertaken or not completed by the Owners, their servants or agents, there exists in the opinion of the Municipal Engineer an emergency situation which requires immediate attention to avoid damage to private or public property, or services owned by the Municipality, such work may be done immediately by the Municipality at the expense of the Owners, but notice shall be given to the Owners at the earliest possible time. Securities held by the Municipality may be applied towards the costs incurred by the Municipality in the completion of such work.

15. In the event that the Municipality cashes a letter of credit to complete or satisfy any works or obligations of the Owners pursuant to this Agreement, any surplus monies that remain after all such obligations are satisfied or completed shall be returned to the issuing financial institution for transmission to that party that took out the original letters of credit.

16. Upon removal or reconversion of the garden suite, the following procedures shall be taken before any reduction or release is made of the security:

a) the Owners shall file a letter of request with the Municipal Clerk, requesting release of the security and confirming that the garden suite has been removed and properly disposed or re-converted with the proper change of use permit.

b) an inspection will be conducted by the Municipality to ensure due compliance with all the provisions and obligations set out in this Agreement.

ADMINISTRATION

17. Any notice to be given by any party under this Agreement may be given by:

a) personal service on the parties hereto; or b) prepaid first class mail addressed to the other party at their last known address which notice shall be deemed to have been received 48 hours after mailing; or c) by telecopier message to the other party at their last known telecopier number, which shall be deemed to have been received at the time of sending with confirmation of successful transmission.

ADMINISTRATION AND INTERPRETATION

18. The term "Owners" is used herein to mean any owner of all or part of the Subject Lands save and except the Municipality.

19. The Owners shall reimburse the Municipality for all costs incurred by the Municipality in the preparation of this Agreement and the Owners shall upon invoice by the Municipality, reimburse the Municipality within a period of thirty (30) days of receipt of any such invoice.

20. The Owners shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement and to enforce each and every item, covenant and condition herein contained and this Agreement may be pleaded as an estoppel against the Owners in any such proceedings.

Agreement – Garden Suite: Brannigan Page 4 of 7

(b) By-law 2014-78, Execute Page 96 of 170 Garden Suite Agreement.

21. The terms of this Agreement may be enforced by the Municipality against the Owners from time to time, subject to the provisions of the Registry Act R.S.O. 1990, Chapter R. 20 and the Land Titles Act R.S.O. 1990, Chapter L. 5 with all the rights of action given the Municipality by the Municipal Act S.O. 2001, c.25, as amended.

22. The Owners further agree that in addition to the rights of the Municipality as set out in the previous Paragraph, the Municipality shall not be required to issue any municipal permit, including building permit, or provide any municipal service for the use or benefit of the whole or any part of the subject lands, during any breach of this Agreement.

23. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or any part of one provision is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in force.

24. This Agreement is to be read with all changes in gender or number as required by the context.

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

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates:

By the Owners on the ______day of ______2014

Witness ANGELA LEE BRANNIGAN

Witness ISAAC ROY BRANNIGAN

- and

By the Municipality on the ______day of ______2014

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

We have authority to bind the corporation.

Agreement – Garden Suite: Brannigan Page 5 of 7

(b) By-law 2014-78, Execute Page 97 of 170 Garden Suite Agreement.

SCHEDULE "A"

THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND ANGELA LEE BRANNIGAN AND ISAAC ROY BRANNIGAN

DESCRIPTION OF THE SUBJECT LANDS

The lands affected by this Agreement, are described as:

PT LT 14 CON 11 DYSART AS IN H246332; S/T H265660; DYSART ET AL.

Being all of the lands described in PIN 39185-0115 (LT).

Agreement – Garden Suite: Brannigan Page 6 of 7

(b) By-law 2014-78, Execute Page 98 of 170 Garden Suite Agreement.

SCHEDULE "B"

THIS IS SCHEDULE "B" TO THE AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND ANGELA LEE BRANNIGAN AND ISAAC ROY BRANNIGAN

PLAN AND REPORTS

The following plans, drawings and reports are hereby incorporated by reference into this Agreement. A copy may be viewed at the business office of the United Townships of Dysart et al, in Haliburton, Ontario, by appointment, during regular business hours:

Project Title Author Date

Illustration Showing June, 2014 Part of Lot 14, Concession 11, rev.: Geographic Township of Dysart

Agreement – Garden Suite: Brannigan Page 7 of 7

(b) By-law 2014-78, Execute Page 99 of 170 Garden Suite Agreement. Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: September 8th, 2014 Re: Draft By-law Zoning By-law Amendment Lands of Hunter Geographic Township of Guilford

Recommendation: Staff recommend that Council pass the following resolution:

Be it resolved that Council accepts the recommendation of the Public Meeting Committee to change the zone on Part Lot 31, Concession 7, in the geographic Township of Guilford from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone) to RR-xx (the Rural Residential xx Exception zone) and "EP" (the Environmental Protection zone). Passage of the by-law will be deferred pending execution of the required severance agreement.

Background:  The owner has conditional consent from the Haliburton County Land Division Committee to sever one lot from his property for rural residential purposes (H-016/14). The subject lands are adjacent to the Redstone River and a wetland feature. This zoning by-law amendment application recognizes the proposed rural residential use and implements a 30 metre setback from the Environmental Protection zone boundary and a 30 metre setback from the front lot line. The existing dwelling will have legal non- complying status following passage of the zoning by-law.  The proposal is supported by an environmental impact study that makes recommendations for the proper development of the lands. A severance agreement will be registered on title to the severed parcel to give notice of the conditions of development.  Notice of the public meeting to discuss the proposed by-law was circulated to all persons and agencies, required by regulation on August 5th, 2014. An advertisement was placed in the local paper.  The public meeting was held on September 2nd, 2014.  There are no verbal or written comments either in support of or in opposition to the file.  The Public Meeting Committee recommends approval of the proposed by-law.

Zoning By-law Amendment: Hunter Page 1 of 2

3. Lands of Hunter, Klondike Page 100 of 170 Road, Township of Guilford: Summary: The owner has conditional consent from the Haliburton County Land Division Committee to sever one lot from his property for rural residential purposes (H-016/14). The proposed zoning by-law amendment recognizes the proposed rural residential use. It implements a 30 metre setback from the EP zone boundary and from the front lot line. The by-law is consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan.

Financial Implications: there are no financial implications.

Attachments: the following are attached to this report:  draft Zoning By-law;  a key map showing the location of the subject lands; and  the property sketch for the severed .

Zoning By-law Amendment: Hunter Page 2 of 2

3. Lands of Hunter, Klondike Page 101 of 170 Road, Township of Guilford:

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014 - Draft

BEING A BY-LAW TO AMEND ZONING BY-LAW 2005-120

(Lands of Hunter)

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13 authorizes the Council of a municipality to pass Zoning By-laws for the purpose of land use controls.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al has received a complete application to amend Zoning By-law 2005-120, as amended.

AND WHEREAS a public meeting was held on September 2nd, 2014 pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, c.P.13.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al deems it advisable to amend By-law No. 2005-120, as amended.

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts the following as a by-law:

1. Schedule "A", Map 3 of By-law 2005-120, as amended, is hereby further amended by changing the zone symbol on Part Lot 31, Concession 7, in the geographic Township of Guilford from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone) to RR-xx (the Rural Residential xx Exception zone) and "EP" (the Environmental Protection zone), as shown on Schedule "A", attached hereto, and forming part of this By-law.

2. Section 5.4.11 to By-law 2005-120, as amended, is hereby further amended by the addition of the following subsections:

5.4.11.16 RR-xx Exception Zone (By-law 2014-xx)

Despite any provision to the contrary of Section 5, or any other provision of this By-law, within the RR-xx Exception Zone, the following provisions shall apply:

(a) Permitted uses:

 All uses permitted by the RR Zone.

(b) Zone Provisions:

 Minimum lot line setback, front: 30 metres  Minimum setback distance, EP Zone, 30 metres

All zone provisions applicable to the RR Zone.

…2/

3. Lands of Hunter, Klondike Page 102 of 170 Road, Township of Guilford:

- 2-

3. This By-law shall come into force on the date of final passing if no notice of appeal is filed with the Clerk within 20 days of the giving of notice of passage of this By-law.

If a notice is filed with the Clerk, the By-law shall only come into force according to the provisions of Section 34(30) of The Planning Act, R.S.O. 1990, Chapter P.13, as amended.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto this xxth day of xxxxxxxxxxxx, 2014.

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

3. Lands of Hunter, Klondike Page 103 of 170 Road, Township of Guilford: WR4L

SCHEDULE "A" THIS IS SCHEDULE "A" WR4 TO BY-LAW NO. 2014 - DRAFT ENACTED TO BY-LAW No. 2014-DRAFT - ZONE CHANGE THE ______DAY OF ______, 2014. PART OF LOT 31, CONCESSION 7 GEOGRAPHIC TOWNSHIP OF GUILFORD FROM RU1 TO RR-xx MUNICIPALITY OF DYSART et al ______COUNTY OF HALIBURTON - ENVIRONMENTAL PROTECTI O N REEVE SCALE 1:2,299 0 10 20 40 60 80 Zone Further Defined Meters ______CLERK

L a r m o u t h

µ L n OS

K lo nd CT-5 ik e Rd

RU1 PART LOT 31, CONCESSION 7

a GUILFORD TOWNSHIP

r 041-34900

WR5L

3 i

O CONCESSION 7 O

O riginal Allowance for Road CONCESSION 6 RU1L RU1

3. Lands of Hunter, Klondike Page 104 of 170 Road, Township of Guilford: µ

Redstone Lake

d R ke La n to ur ib al H Subject Lands

KEY MAP

Date: 01/01/2013 Application for Severance Agreement

DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes Lands of Hunter all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, Part Lot 31, Concession 7 in part or in whole, without written permission. Geographic Township of Guilford BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsment by MNR or the Ontario Government.

0 200 400 800 1,200 1,600 Meters 041-000-34900

3. Lands of Hunter, Klondike Page 105 of 170 Road, Township of Guilford: 3. Lands of Hunter, Klondike Page 106 of 170 Road, Township of Guilford: Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

www.dysartetal.ca [email protected]

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 8th, 2014

Re: Draft Severance Agreement Lands of Hunter Roll No.: 041-000-34900 Geographic Township of Guilford

Recommendation: Staff recommend that the following resolution be passed:

Be it resolved that Council approves in principle the draft severance agreement with Allan Hunter with respect to his property in Part of Lot 31, Concession 7, in the geographic Township of Guilford. Staff are directed to circulate the draft agreement to the owner for his comments.

Status  This is Council first review of the draft severance agreement.

Background:  The owner has applied to the Haliburton County Land Division Committee to sever his property on Klondike Road into two lots (one severed parcel and one retained parcel) for rural residential purposes (File H-016/14).  The severance agreement gives notice to the owner and to future land owners of the conditions for development for the severed parcel. Specifically, it gives notices that:  a site development plan has been prepared to show the recommended location for the building and septic envelope on the new lot.  An environmental impact study has been prepared and gives recommendations for the proper development of the new lot. In particular, it makes recommendations for a 30 metre setback from the adjacent wetland.

Summary: The owner has applied to the Haliburton County Land Division Committee to sever his property on Klondike Road into two lots for rural residential purposes. The draft severance agreement gives direction for the proper development of the severed parcel, including notice that there is a 30 metre setback required from the adjacent wetland.

Severance Agreement: Hunter Page 1 of 2

(b) Draft Severance Agreement. Page 107 of 170 Financial Implications: N/A.

Attachments: the following are attached to this report:  the draft severance agreement.

Severance Agreement: Hunter Page 2 of 2

(b) Draft Severance Agreement. Page 108 of 170

SEVERANCE AGREEMENT

THIS AGREEMENT made effective in triplicate this th day of 2014

BETWEEN:

ALLAN PHILLIP HUNTER hereinafter called the "Owner" of the First Part

- and -

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE hereinafter called the "Municipality" of the Second Part

- and CIBC MORTGAGES INC. hereinafter called the "Mortgagee " of the third Part

I. WHEREAS the Owner has applied to the County of Haliburton Land Division Committee for consent to sever certain lands and the file number is H-016/14.

II. AND WHEREAS it is a condition of approval of application for consent H-016/14, that the parties enter into an agreement pursuant to Section 51(26) of the Planning Act R.S.O., 1990, Chapter P.13, as amended.

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and other good and valuable consideration and the sum of ------TWO ------DOLLARS ($2.00) of lawful money of Canada now paid by each of the parties hereto to each of the other parties hereto (the receipt whereof is acknowledged), the parties covenant and agree with each other as follows:

GENERAL

1. The lands affected by this Agreement are the lands described in Schedule "A" attached hereto and referred to herein as the "Subject Lands".

2. The Owner warrants that as of the date of the execution of this Agreement by the Municipality and as of the date of registration of this Agreement that:

a) the Owner will be the registered Owner in fee simple of the Subject Lands; b) any mortgagees or chargees shown herein will be the only mortgages or charges against the Subject Lands at the time of execution and at the time of registration; and c) this Agreement will take priority over any subsequent registration against the Subject Lands.

Severance Agreement: Lands of Hunter Page 1 of 8

(b) Draft Severance Agreement. Page 109 of 170

3. The Owner acknowledges that it is his responsibility to fulfil all the conditions of consent and to ensure that the required clearance letters are forwarded by the appropriate agencies to the County of Haliburton Land Division Committee.

SCOPE OF THE AGREEMENT

4. The development of the Subject Lands will be consistent with the approvals granted by the County of Haliburton Land Division Committee, for file H-016/14 and will consist of the following:

a) The development of two (2) lots for rural residential purposes, consistent with the direction and recommendations of the Environmental Impact Study, Redstone River/Wetland Corridor, and the Site Development Plan referred to in Schedule "B" hereto.

5. The Owner covenants and agrees, as Owner and on behalf of all future Owners that no work shall be performed on the Subject Lands or property owned by the Municipality except in conformity with:

a) the provisions of this Agreement, including the Schedules hereinafter referred to and attached hereto;

b) all plans, reports and specifications required by, submitted to and approved by the Municipality in accordance with its legislative jurisdiction;

c) all plans, reports and specifications required by, submitted to and accepted by any Federal or Provincial agency in accordance with their legislative jurisdiction;

d) all applicable Municipal By-laws; and

e) all applicable Federal and Provincial legislation.

6. The Owner acknowledges that:

a) he has made representation to the Municipality that he will complete the works required herein, in accordance with the plans and reports filed and accepted by the Municipality and others; and;

b) the Municipality has entered into this Agreement in reliance upon these representations.

7. The following schedules are attached to, and form part of, this Agreement:

Schedule "A" - Description of the Subject Lands; and Schedule "B" - Plans and Reports.

8. The Owner agrees that there shall be no changes in the Schedules attached hereto, or to any plan or report accepted by the Municipality or others, unless the said proposed changes have been submitted to, and accepted by the Municipality or the County of Haliburton Land Division Committee or both, as appropriate.

CONVEYANCE OF DRAINAGE AND UTILITY EASEMENTS

9. The Owner undertakes, covenants and agrees as Owner and on behalf of all future Owners that he will grant to the appropriate authority, including executing free of encumbrance, any and all necessary documentation for easements, as may be required for utility or drainage purposes from time to time. All such conveyances shall be in a form satisfactory to the solicitor of the appropriate authority.

Severance Agreement: Lands of Hunter Page 2 of 8

(b) Draft Severance Agreement. Page 110 of 170

ENVIRONMENTAL CONSIDERATIONS

10. Through the registration of this Agreement, notice is given to the Owner and all prospective purchasers and future owners of all or part of the Subject Lands that the Subject Lands are adjacent to a wetland that provides habitat for fish and wildlife. The Owner, as owner and on behalf of all future owners, agrees to preserve, as much as possible, the natural state of the wetland.

11. The Owner further acknowledges, understands and agrees that an environmental impact study has been prepared for the Subject Lands. This report, entitled "Environmental Impact Study Redstone River/Wetland Corridor " prepared by Michalski Nielson Associates Limited, dated July 2013 and referred to in Schedule "B" hereto, makes recommendations for the proper development of the Subject Lands. The Owner, as owner and on behalf of all future owners, agrees that development and site alteration is to have no negative impact on the natural features and ecological functions of the area. The said report is available for public review, at the business office of the Municipality, by appointment, during regular business hours.

12. The Owner as owner and on behalf of all future owners further acknowledges that a Site Development Plan, referred to in Schedule "B" hereto; has been prepared for the Subject Lands and approved by the Municipality. The said Site Development Plan is available for public review, at the business office of the Municipality, by appointment, during regular business hours.

13. The Owner as owner and on behalf of all future owners, covenants and agrees to implement the recommendations of the said Environmental Impact Study and the said Site Development Plan as follows:

b) that all buildings and structures, including septic systems shall be setback a minimum of 30 metres from the Environmental Protection (EP) zone boundary in accordance with the provisions of By-law 2005-120, as amended by By-law 2014-__. A 30 metre vegetation buffer applies within the setback. This vegetation buffer is measured from the inland limit of the Environmental Protection (EP) zone boundary;

c) that the existing vegetation within this 30 metre vegetation buffer is to be disturbed as little as possible, with the exception of 2.0 metre walking trail and removal of dead or hazardous trees. The vegetation buffer is to be maintained in a healthy condition;

d) that within the vegetation buffer, fertilizers and pesticides are not permitted and further, that beyond the applicable vegetation buffer, the cutting of trees and vegetation, and the use of fertilizers and pesticides is to be limited. Only products legally permitted by the Province of Ontario are to be used;

e) that any tree cutting is to be undertaken outside the breeding period for birds, which extends from mid-April to the end of July, to avoid mortality of nesting birds, in accordance with the Migratory Bird Convention Act;

f) that to the greatest extent possible, the owner or his/her contractor is encouraged to make use of on-site "B" horizon soils in constructing any tile/drain field, owing to their high and beneficial capability to irreversibly complex phosphorus;

g) that for imported fill needed to construct the leaching bed, the owner or his/her contractor is encouraged to use tested "B" horizon Precambrian Shield soils that

Severance Agreement: Lands of Hunter Page 3 of 8

(b) Draft Severance Agreement. Page 111 of 170

have a high capability to retain phosphorus, based on electrostatic binding and mineralization with reactive iron and aluminium;

h) that french drains or soakway pits should be used for treating storm water from hard surfaces (ie. rooftops) as a method of decreasing any potential phosphorus impact and other contamination to Redstone River/Wetland Corridor;

i) that prior to the construction of any building or septic system, properly constructed sediment fencing is to be placed along the inner limit of the aforementioned setback in areas adjacent to or down gradient from the proposed site disturbances and construction activities. The sediment fencing is to be properly maintained until all construction has been completed and the soils have stabilized. All areas that are disturbed are to be stabilized immediately following construction to avoid excess sedimentation and potential loss of fish and wildlife habitat;

j) that any dredging, filling or any other alterations to the wetland, shoreline or river bed may require prior authorization from the Ministry of Natural Resources and/or the Federal Department of Fisheries. These activities may require the submission of an "Application for Work Permit" from the Ministry of Natural Resources and/or approvals from the Federal Department of Fisheries pursuant to the Canada Fisheries Act; and

k) that threatened and endangered species exist in the area and may be present on the lots. This includes the eastern hog-nosed snake and blanding's turtle. It is the responsibility of the landowner to identify such species and their habitats prior to undertaking work on their property and to ensure that the work/activity will not result in negative impacts. Landowners are encouraged to consult with their local Ministry of Natural Resources Office (M.N.R.) if they have questions about their responsibilities under the 2007 Endangered Species Act. Any sightings of endangered or threatened species must be reported to the Bancroft District Office, M.N.R., 106 Monck Street, Bancroft, Ontario, K0L 1C0.

14. Through the registration of this Agreement, notice is given to the Owner and to all perspective purchasers and future owners of the Subject Lands of the conditions, restrictions and direction for the proper development of the Subject Lands, as listed in Paragraph 13 above and further that:

a) the Owner is responsible for ensuring that vegetation on the lot is retained as much as possible. The conditions, restrictions and directions listed in Paragraphs 13 (a), (b), (c) (d) and (e) apply;

b) the Owner is obligated to protect the adjacent fish habitat, pursuant to the provisions of the Canada Fisheries Act. The conditions, restrictions and directions listed in Paragraph 13 (j) applies;

c) if water from the Redstone River is to be used as a source of supply for the Subject Lands, filtration and bacteriological treatment, in accordance with the Provincial Drinking Water Standards, shall be provided prior to human consumption;

d) if wells are used as a source of water supply, construction must be in accordance with the applicable Provincial legislation. Well water is to be tested at regular intervals, as recommended by the Ministry of the Environment, and treated to satisfy the Provincial Drinking Water Standards prior to human consumption;

e) the construction of all on-site sewage disposal systems requires approval from the agency having authority for such approvals at the time of construction. In addition to the foregoing, Paragraphs 13 (a), (b), (f) and (g) apply; and

f) domestic waste must be disposed of in a municipal waste disposal site, licensed by the Ministry of the Environment.

Severance Agreement: Lands of Hunter Page 4 of 8

(b) Draft Severance Agreement. Page 112 of 170

NOTICE

15. Any notice to be given by any party under this Agreement may be given by:

a) personal service on the parties hereto; or

b) prepaid first class mail addressed to the other party at their last known address which notice shall be deemed to have been received 48 hours after mailing; or

c) by telecopier message to the other party at their last known telecopier number, which shall be deemed to have been received at the time of sending with confirmation of successful transmission.

REGISTRATION OF AGREEMENT

16. The Owner consents to the Municipality registering this Agreement against the Subject Lands.

17. The Owner shall not make any application to remove this Agreement from the title to the Subject Lands, without the written consent of the Municipality first being obtained.

18. The Mortgagee consents to the Municipality registering this Agreement against the Subject Lands.

ADMINISTRATION AND INTERPRETATION

19. The term "Owner" is used herein to mean any owner of all or part of the Subject Lands save and except the Municipality.

20. The Owner shall reimburse the Municipality for all costs incurred by the Municipality in the preparation and registration of this Agreement and the Owner shall upon invoice by the Municipality, reimburse the Municipality within a period of thirty (30) days receipt of any such invoice.

21. The Owner shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement and to enforce each and every item, covenant and condition herein contained and this Agreement may be pleaded as an estoppel against the Owner in any such proceedings.

22. The terms of this Agreement may be enforced by the Municipality against the Owner from time to time, subject to the provisions of the Registry Act R.S.O. 1990, Chapter R.20 and the Land Titles Act R.S.O. 1990, Chapter L.5 with all the rights of action given the Municipality by the Municipal Act S.O. 2001, c.25, as amended.

23. The Owner further agrees that in addition to the rights of the Municipality as set out in the previous paragraph, the Municipality shall not be required to issue any municipal permit, including building permit, or provide any municipal service for the use or benefit of the whole or any part of the Subject Lands, during any breach of this Agreement.

24. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or any part of one provision is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in force.

Severance Agreement: Lands of Hunter Page 5 of 8

(b) Draft Severance Agreement. Page 113 of 170

25. This Agreement is to be read with all changes in gender or number as required by the context.

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

27. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates:

By the Owner on the ______day of ______2014

Witness ALLAN PHILLIP HUNTER

By the Municipality on the ______day of ______2014

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

Name: Murray Fearrey Title: Reeve

Name: Cheryl Coulson Title: Clerk We have authority to bind the Corporation

By the Mortgagee on the ______day of ______2014

CIBC MORTGAGES INC.

Name: Title: ASO I have authority to bind the Corporation

Severance Agreement: Lands of Hunter Page 6 of 8

(b) Draft Severance Agreement. Page 114 of 170

SCHEDULE "A"

THIS IS SCHEDULE "A" TO THE SEVERANCE AGREEMENT BETWEEN THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND ALLAN PHILLIP HUNTER.

DESCRIPTION OF THE SUBJECT LANDS

The lands affected by this Agreement, are described as:

Part Lot 31, Concession 7, geographic Township of Guilford, Municipality of Dysart et al, County of Haliburton, further described as Part 1, Plan 19R-____.

Severance Agreement: Lands of Hunter Page 7 of 8

(b) Draft Severance Agreement. Page 115 of 170

SCHEDULE "B"

THIS IS SCHEDULE "B" TO THE SEVERANCE AGREEMENT BETWEEN THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND ALLAN PHILLIP HUNTER.

PLANS AND REPORTS

Project Title Author Date

Environmental Michalski Nielson July. 2013 Impact Study Associates Limited rev: Redstone River/ Wetland Corridor

Site Development Plan Greg Bishop Surveying Feb. 1, 2013 Part of Lot 31, Concession 7, and Consulting Ltd. rev.: Dec. 13 2013 Geographic Township of Guilford May 22, 2014 Township of Dysart et al County of Haliburton

Severance Agreement: Lands of Hunter Page 8 of 8

(b) Draft Severance Agreement. Page 116 of 170 Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

www.dysartetal.ca [email protected]

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 11th, 2014

Re: Draft Severance Agreement Lands of Mathies, McCormick et al Roll No.: 021-000-04715 Geographic Township of Dudley

Recommendation: Staff recommend that Council pass the following resolution:

Be it resolved that By-law 2014-79, a by-law to authorize the execution of a severance agreement with Mathies McCormick et al with respect to their lands in Part of Lots 6 and 7, Concession 8, in the geographic Township of Dudley be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

Status  Council first reviewed and approved the draft severance agreement at the meeting of July 28th, 2014.  The agreement has been reviewed by the owners and they agree with the terms. They have executed the agreement.

Background:  The owners have applied to the Haliburton County Land Division Committee to sever their property on Drag Lake into two lots (one severed parcel and one retained parcel) for waterfront residential purposes (Files H-064/13).  The severance agreement gives notice to the owners and to future land owners of the conditions for development. Specifically, it gives notices that:  a site development plan has been prepared to show the recommended location for the building, docking and septic envelope on the new lot.  a site evaluation report has been prepared and gives recommendations for the proper development of the subject lands. In particular, it notes that development on the new lot is

Severance Agreement: Mathies McCormick et al Page 1 of 2

4. By-law 2014-79, Authorize Page 117 of 170 Execution of a Severance to be located above the steep embankment, shown on the site development plan and that the cutting of vegetation is to be restricted below this embankment.  Access is by private right of way. Maintenance of the right of way is the responsibility of the benefitting parties.

Summary: This severance agreement gives direction for the proper development of the lands of Mathies, McCormick et al for their property on Drag Lake. In particular the agreement gives direction on the protection of the steep slope below the embankment and the responsibility of the benefitting parties to maintain the private road.

Financial Implications: N/A.

Attachments: the following are attached to this report:  By-law 2014-79, which includes the severance agreement as Schedule A;  the key map; and  the site development plan.

Severance Agreement: Mathies McCormick et al Page 2 of 2

4. By-law 2014-79, Authorize Page 118 of 170 Execution of a Severance

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014 – 79

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT PURSUANT TO SECTION 51(26) OF THE PLANNING ACT, R.S.O., 1990, CHAPTER P.13 AS AMENDED

WHEREAS Doreen McCormick, Charles Mathies and Brenda Mathies-McCormick are the registered owners of land generally described as Part Lots 6 and 7, Concession 8, in the geographic Township of Dudley, Municipality of Dysart et al, County of Haliburton, and described in PIN 39165-0216 (LT).

AND WHEREAS Doreen McCormick, Charles Mathies and Brenda Mathies-McCormick have consent from the Haliburton County Land Division Committee to sever certain lands and the Committee's file number is H-064/13.

AND WHEREAS Section 51(26) of the Planning Act R.S.O. 1990, c.P.13 authorizes a municipality to enter into an agreement as a condition of approval of a plan of subdivision and Section 53(12) of the Planning Act R.S.O. 1990, c.P.13 directs that Section 51(26) applies with necessary modifications to the granting of provisional consent.

AND WHEREAS it is a condition of application H-064/13 that Doreen McCormick, Charles Mathies and Brenda Mathies-McCormick enter into an agreement pursuant to Section 51(26) of the Planning Act R.S.O. 1990, c.P.13 as amended, to satisfy certain Municipal requirements.

AND WHEREAS the parties hereto agree to enter into the said agreement.

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts as follows:

1. That the Reeve and the Clerk of the Corporation of the United Townships of Dysart et al are hereby authorized to execute an agreement pursuant to Section 51(26) of the Planning Act, R.S.O. 1990, c.P.13, as amended with Doreen McCormick, Charles Mathies and Brenda Mathies-McCormick, substantially in the form detailed in Schedule "A", attached hereto. 2. Schedule "A" is hereby declared to form part of this By-law. 3. This By-law shall come into force and effect immediately after the passing of same.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto this 22nd day of September, 2014.

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

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SEVERANCE AGREEMENT

THIS AGREEMENT made effective in triplicate this 22nd day of September 2014

BETWEEN:

DOREEN MCCORMICK CHARLES MATHIES BRENDA MATHIES MCCORMICK

hereinafter called the "Owners" of the First Part

- and -

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

hereinafter called the "Municipality" of the Second Part

I. WHEREAS the Owners have applied to the County of Haliburton Land Division Committee for consent to sever certain lands and the file number is H-064/13.

II. AND WHEREAS it is a condition of approval of application H-064/13 that the parties enter into an agreement pursuant to Section 51(26) of the Planning Act R.S.O., 1990, Chapter P.13, as amended.

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and other good and valuable consideration and the sum of ------TWO ------DOLLARS ($2.00) of lawful money of Canada now paid by each of the parties hereto to each of the other parties hereto (the receipt whereof is acknowledged), the parties covenant and agree with each other as follows:

GENERAL

1. The lands affected by this Agreement are the lands described in Schedule "A" attached hereto and referred to herein as the "Subject Lands".

2. The Owners warrant that as of the date of the execution of this Agreement by the Municipality and as of the date of registration of this Agreement that:

a) the Owners will be the registered Owners in fee simple of the Subject Lands; b) any mortgagees or chargees shown herein will be the only mortgages or charges against the Subject Lands at the time of execution and at the time of registration; and c) this Agreement will take priority over any subsequent registration against the Subject Lands.

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3. The Owners acknowledges that it is their responsibility to fulfil all the conditions of consent and to ensure that the required clearance letters are forwarded by the appropriate agencies to the County of Haliburton Land Division Committee.

SCOPE OF THE AGREEMENT

4. The development of the Subject Lands will be consistent with the approvals granted by the County of Haliburton Land Division Committee, for file H-064/13 and will consist of the following:

a) the development of two (2) lots (one severed and one retained) for waterfront residential purposes, consistent with the direction and recommendations of the Site Evaluation Report, and the Site Development Plan referred to in Schedule "B" hereto.

5. The Owners covenant and agree, as Owners and on behalf of all future Owners that no work shall be performed on the Subject Lands or property owned by the Municipality except in conformity with:

a) the provisions of this Agreement, including the Schedules hereinafter referred to and attached hereto;

b) all plans, reports and specifications required by, submitted to and approved by the Municipality in accordance with its legislative jurisdiction;

c) all plans, reports and specifications required by, submitted to and accepted by any Federal or Provincial agency in accordance with their legislative jurisdiction;

d) all applicable Municipal By-laws; and

e) all applicable Federal and Provincial legislation.

6. The Owners acknowledge that:

a) they have made representation to the Municipality that they will complete the works required herein, in accordance with the plans and reports filed and accepted by the Municipality and others; and;

b) the Municipality has entered into this Agreement in reliance upon these representations.

7. The following schedules are attached to, and form part of, this Agreement:

Schedule "A" - Description of the Subject Lands; and Schedule "B" - Plans and Reports.

8. The Owners agree that there shall be no changes in the Schedules attached hereto, or to any plan or report accepted by the Municipality or others, unless the said proposed changes have been submitted to, and accepted by the Municipality or the County of Haliburton Land Division Committee or both, as appropriate.

CONVEYANCE OF DRAINAGE AND UTILITY EASEMENTS

9. The Owners undertake, covenant and agree as Owners and on behalf of all future Owners that they will grant to the appropriate authority, including executing free of encumbrance, any and all necessary documentation for easements, as may be required for utility or drainage purposes from time to time. All such conveyances shall be in a form satisfactory to the solicitor of the appropriate authority.

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ROAD ACCESS

10. The Owners acknowledge and confirm as owner and on behalf of all subsequent owners that access to the Subject Lands, is via a private road system, leading from the end of the municipally maintained portion of Dudley Road.

11. The Owners advise and the Municipality acknowledges that a road has been constructed on the private road system referred to in Paragraph 10 above, which roadway is not the responsibility of the Municipality, its agents or employees to construct, maintain and/or improve.

12. The Owners acknowledge, covenant and agree as owner and on behalf of all future owners, that construction, maintenance and improvement of the roadway referred to in Paragraph 11 above, will be solely the responsibility of the benefiting parties.

To this end, the Owners as owner and on behalf of all future owners, agree to share equally the cost of road maintenance and construction and further, to maintain a valid membership in the Blueberry Point Road Association or any other road association formed for the purpose of the on-going maintenance of the private roadway described in Paragraph 11 above.

13. The Owners acknowledge, as owner and on behalf of all future owners of the Subject Lands, that the Municipality will not assume any responsibility whatsoever for the construction, maintenance or improvement of the roadway described in Paragraph 11 above, until the said roadway has been constructed to the appropriate standards as determined by the Municipality from time to time and duly assumed by proper by-law into the road system of the Municipality.

14. The parties hereto agree that the assumption of the said roadway into the road system of the Municipality will be determined at the sole discretion of the Municipality and the entering into of this Agreement shall be deemed to impose no obligation whatsoever on the Municipality to assume the said roadway.

15. The Owners further acknowledge, covenant and agree, as owner and on behalf of all subsequent owners that use of the said roadway will be at their own risk.

16. The Owners are hereby advised that gating of the road and/or poor construction or maintenance conditions may hinder or restrict the provision of emergency services.

17. The Owners as owner and on behalf of all future owners, hereby covenant and agree to indemnify and save harmless the Municipality and the County of Haliburton from all actions, claims and other proceedings that may arise resulting from the utilization of the roadway described in Paragraph 11, above.

18. Through the registration of this Agreement, notice is given to the Owners and to all prospective purchasers and future owners of the Subject Lands of the conditions of access and their responsibilities with respect to the provision of road access.

ENVIRONMENTAL CONSIDERATIONS

19. Through the registration of this Agreement, notice is given to the Owners and all prospective purchasers and future Owners of all or part of the Subject Lands that the water quality of Drag Lake may be impacted by the excessive removal of vegetation and disturbance of the soil mantle in and around the shoreline area. The Owners, as owners and on behalf of all future Owners, agree to preserve and where possible improve the natural visual characteristics of the shoreline and to enhance, as much as possible, the natural state of the shoreline.

20. The Owners further acknowledge, understand and agree that a Site Evaluation Report has been prepared for the Subject Lands. This report, entitled "Site

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Evaluation Report, Mathies / McCormick Property" prepared by RiverStone Environmental Solutions Inc., dated February 2014 and referred to in Schedule "B" hereto, makes recommendations for the proper development of the Subject Lands. The Owners, as Owners and on behalf of all future Owners, agree that development and site alteration are to have no negative impact on the natural features and ecological functions of the area. The said report is available for public review, at the business office of the Municipality, by appointment, during regular business hours.

21. The Owners as Owners and on behalf of all future Owners, further acknowledge that a Site Development Plan, referred to in Schedule "B" hereto; has been prepared for the Subject Lands and approved by the Municipality. The said Site Development Plan is available for public review, at the business office of the Municipality, by appointment, during regular business hours.

22. The Owners as Owners and on behalf of all future Owners, covenant and agree to implement the recommendations of the said Site Evaluation Report and the said Site Development Plan as follows:

a) that the location of all buildings and structures, including septic systems, constructed on the Subject Lands will be generally consistent with the Site Development Plan referred to in Schedule "B" hereto; b) without limiting the generality of the foregoing, the owners understand, acknowledge and agree that all buildings and structures shall be located a minimum of 30 metres from the high water mark of Drag Lake and further, that on Parts 2, 3 and 4, Plan 19R-9658 shall be located above the "top of the steep embankment" identified on the said Site Development Plan; c) that the 30 metre water setback, is regulated as a shoreline vegetation buffer and is to be disturbed as little as possible. The shoreline vegetation buffer is to be maintained in a healthy condition; d) that despite Paragraph 22(c) above, the existing vegetation below the "top of the steep embankment" identified on the said Site Development Plan is to be disturbed as little as possible consistent with the permitted shoreline structures and access path shown on the said Site Development Plan, safety and the provision of views. Furthermore, the owners are encouraged to conserve and enhance the vegetation in this area, as appropriate, using native vegetation; e) the access path on Part 2, Plan 19R-9658 is to be no more than 2.0 metres in width and located generally as shown on the said Site Development Plan; f) that within the 30 metre shoreline vegetation buffer and the area below the "top of the steep embankment" identified on the said Site Development Plan, fertilizers and pesticides are not permitted and further, that beyond this area, the cutting of trees and vegetation, and the use of fertilizers and pesticides is to be limited to assist with the retention of phosphorus. Only products legally permitted by the Province of Ontario are to be used; g) that vegetation removal outside the building envelopes identified on the said Site Development Plan should be minimized; h) that french drains, soakway pits and/or infiltration chambers should be used for treating storm water from hard surfaces (ie. rooftops) as a method of decreasing any potential phosphorus impact; i) that prior to the construction of any building or septic system, properly constructed sediment fencing and straw bales are to be placed along the inner limit of the applicable water setback in areas adjacent to or down gradient from the proposed site disturbances and construction activities. The sediment fencing and straw bales are to be properly maintained until all construction has been completed and the soils have stabilized. During construction these facilities are to be inspected by the on-site supervisor at regular intervals. All areas that are disturbed are to be stabilized immediately following construction to avoid excess sedimentation and potential loss of fish and wildlife habitat;

Severance Agreement: Lands of Mathies McCormick et al Page 4 of 9

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j) that any dredging, filling or any other alterations to the shoreline or lakebed may require prior authorization from the Ministry of Natural Resources and/or the Federal Department of Fisheries. These activities may require the submission of an "Application for Work Permit" from the Ministry of Natural Resources and/or approvals from the Federal Department of Fisheries pursuant to the Canada Fisheries Act; k) that docks are to be located as shown generally on the Site Development Plan referred to in Schedule "B" hereto. Floating or post/pile supported docks are most suitable; l) the construction of crib docks with a footprint of great than 15 square metres on the lake bed may require the submission of an "Application for Work Permit" from the Ministry of Natural Resources and/or approvals from the Federal Department of Fisheries pursuant to the Canada Fisheries Act; and m) development and site alternation for the "proposed driveway" shown on the Site Development Plan referred to in Schedule "B" hereto is not to occur between May 1st and July 31st, which is the peak nesting period for birds as per the Migratory Bird Convention Act, 1994.

23. Through the registration of this Agreement, notice is given to the Owners and to all perspective purchasers and future Owners of the Subject Lands of the conditions, restrictions and direction for the proper development of the Subject Lands, as listed in Paragraph 22 above and further that:

a) the Owners are responsible for ensuring that vegetation on the lot is retained, as much as possible. The conditions, restrictions and directions listed in Paragraphs 22 (c), (d), (e) (f), (g) and (m) apply; b) the Owners are obligated to protect the adjacent fish habitat, pursuant to the provisions of the Canada Fisheries Act. The conditions, restrictions and directions listed in Paragraphs 22 (h), (i), (j), (k), and (l) apply; c) if water from Drag Lake is to be used as a source of supply for the Subject Lands, filtration and bacteriological treatment, in accordance with the Provincial Drinking Water Standards, shall be provided prior to human consumption; d) if wells are used as a source of water supply, construction must be in accordance with the applicable Provincial legislation. Well water is to be tested at regular intervals, as recommended by the Ministry of the Environment, and treated to satisfy the Provincial Drinking Water Standards prior to human consumption; e) the construction of all on-site sewage disposal systems requires approval from the Municipality; and f) domestic waste must be disposed of in a municipal waste disposal site, licensed by the Ministry of the Environment.

NOTICE

24. Any notice to be given by any party under this Agreement may be given by:

a) personal service on the parties hereto; or

b) prepaid first class mail addressed to the other party at their last known address which notice shall be deemed to have been received 48 hours after mailing; or

c) by telecopier message to the other party at their last known telecopier number, which shall be deemed to have been received at the time of sending with confirmation of successful transmission.

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REGISTRATION OF AGREEMENT

25. The Owners consent to the Municipality registering this Agreement against the Subject Lands.

26. The Owners shall not make any application to remove this Agreement from the title to the Subject Lands, without the written consent of the Municipality first being obtained.

ADMINISTRATION AND INTERPRETATION

27. The term "Owners" is used herein to mean any owner of all or part of the Subject Lands save and except the Municipality.

28. The Owners shall reimburse the Municipality for all costs incurred by the Municipality in the preparation and registration of this Agreement and the Owners shall upon invoice by the Municipality, reimburse the Municipality within a period of thirty (30) days receipt of any such invoice.

29. The Owners shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement and to enforce each and every item, covenant and condition herein contained and this Agreement may be pleaded as an estoppel against the Owners in any such proceedings.

30. The terms of this Agreement may be enforced by the Municipality against the Owners from time to time, subject to the provisions of the Registry Act R.S.O. 1990, Chapter R. 20 and the Land Titles Act R.S.O. 1990, Chapter L. 5 with all the rights of action given the Municipality by the Municipal Act S.O. 2001, c.25, as amended.

31. The Owners further agree that in addition to the rights of the Municipality as set out in the previous paragraph, the Municipality shall not be required to issue any municipal permit, including building permit, or provide any municipal service for the use or benefit of the whole or any part of the Subject Lands, during any breach of this Agreement.

32. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or any part of one provision is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in force.

33. This Agreement is to be read with all changes in gender or number as required by the context.

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

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35. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates:

By the Owner on the ______day of ______2014

Witness DOREEN MCCORMICK

CHARLES MATHIES

BRENDA MATHIES MCCORMICK

By the Municipality on the ______day of ______2014

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

Name: Murray Fearrey Title: Reeve

Name: Cheryl Coulon Title: Clerk We have authority to bind the Corporation

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SCHEDULE "A"

DESCRIPTION OF THE SUBJECT LANDS

The lands affected by this Agreement, are described as:

PT LT 6-7 CON 8 DUDLEY PT 2 & 8 19R3776; S/T H185267, H198649; DYSART ET AL

Being all of PIN 39165-0216 (LT)

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SCHEDULE "B"

PLANS AND REPORTS

Project Title Author Date

Site Evaluation Report RiverStone February 2014 Mathies / McCormick Property Environmental Solutions Inc. February 2014

Site Development Plan Paul Wilson Consulting Ltd. July 11, 2013 Part of Lots 6 and 7, Concession 8, rev.: Geographic Township of Dudley Township of Dysart et al County of Haliburton

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n r u b r a H µ

Subject Lands

KEY MAP Application for Severance Agreement Date: 01/01/2013

DISCLAIMER: This map is for planning reference purposes only and is not a survey of Lands of Mathies, Mathies-McCormick & McCormick properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any Part Lots 6 & 7, Concession 8 loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission. Geographic Township of Dudley

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsment by MNR or the Ontario Government. 021-000-04715 0 205 410 820 1,230 1,640 Meters

4. By-law 2014-79, Authorize Page 129 of 170 Execution of a Severance 4. By-law 2014-79, Authorize Page 130 of 170 Execution of a Severance Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0 [email protected]

www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 15th, 2014

Re: Request to Amend Site Plan Agreement Lands of 1802367 Ontario Inc. (Granite Cove) Roll No.: 012-000-38300 Geographic Township of Dysart

Recommendation: staff recommend that Council discuss the shoreline vegetation.

Be it resolved that Council approves the revised Landscape plan for the lands of 1802367 Ontario Inc., prepared by Hawk River Construction and dated August 28th, 2014.

Background:  The site plan agreement for the Granite Cove project requires the developer to landscape the property according to the plan prepared by Douglas Mooder, Landscape Architect, and dated August 30th, 2011. It included trees and shrubs along the shoreline to screen the building.  The owners now request that Council approve an amended landscape plan, which recognizes the existing plantings. It does not include the trees and shrubs originally proposed to provide the screening.  Security is held by the Municipality to ensure compliance with the site plan agreement. Security will be released, following agreement on the landscape plan.

Summary: The owner would like to amend the landscape plan for the Granite Cove project.

Financial Implications: there are no financial implications. The Municipality continues to hold security to ensure compliance with the terms of the site plan agreement.

Attachments: the following are attached to this report:  a key map showing the location of the subject lands;  the original landscape plan;  the revised site plan; and  letter of request from the developer.

Request to Amend Site Plan: Granite Cove Page 1 of 1

5. Request to Amend Landscape Page 131 of 170 Plan, Site Plan H w KEY MAP y 1 1 8 Site Plan Agreement

Lands of 1802367 Ontario Inc. LOT 16, CON 9 µ Part Lot 16, Concession 8 Lot 8 and Part Lots 9 & 10, Block X, Plan 1

Geographic Township of Dysart LOT 18, CON 9 C o d l hore R le Bays g e 012-000-38300 D r

r LOT 15, CON 9 LOT 17, CON 9 m

LOT 14, CON 9 o t d n C R y

m d u R r e

o s d f u M d

S d R m eu us M

F a r m c r e s t

A d

t v R S LOT 16, CON 9 e e n b

y e r a l T c n G a r a S t B s ishop Ct h t r o N

LOT 13, CON 8 Lakeview St C LOT 14, CON 8 LOT 15, CON 8 o u E n m ty Head Lake r m R m C o lbie e a Ha r d s 2 o St Sunnyside St 1 n Sunnyside

C t d s R lling Wa Subject Lands

Park St

LOT 17, CON 8 l

p a

Victoria St v M

George St

York St

Highland St LOT 13, CON 8 LOT 14, CON 8

L v

A d

e v

C Mountain St Mountain St LOT 15, CON 8 LOT 16, CON 8 d t R er el Date: 17/09/2014 G d DISCLAIMER: This map is for planning reference purposes only and is not a survey of South St R B properties. No representation is made or warranty given as to its content. User assumes w r

e o all risk of use. Tvhei Municipality of Dysart et al assumes no responsibility for any loss resulting wfrom such use. This publication may not be reproduced in any form, h in part or dino whole, without written permission. m a BASEe DATA SOURCE: QUEEN'S PRINTER OF ONTARIO D LOT 17, CON 7 UsMe of this data does not constitute an endorsement by MNR or the Ontario Government. LOT 15, CON 7 r LOT 13, CON 7 LOT 14, CON 7 0 35 70 140 210 280 LOT 16, CON 7 Meters

5. Request to Amend Landscape Page 132 of 170 Plan, Site Plan 5. Request to Amend Landscape Page 133 of 170 Plan, Site Plan 5. Request to Amend Landscape Page 134 of 170 Plan, Site Plan 5. Request to Amend Landscape Page 135 of 170 Plan, Site Plan Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Jeff Iles – GIS Technician/Planning Assistant

Date: September 15th, 2014

Re: Road Closing By-law 2014-80 Elephant Lake Lake Adjacent to the Lands of Atherley Roll No.: 030-39200 Geographic Township of Harcourt

Recommendation: Be it resolved that By-law 2014-80, which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 28, Concession 4, in the geographic Township of Harcourt, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

Background: Ms. Atherley has made application to purchase the shore road allowances in front of her property on Elephant Lake.

The notice and circulation requirements for the application are complete and no specific concerns have been identified.

Summary: Staff recommend approval of road closing By-law 2014-80.

Financial Implications: The purchase price of the shore road allowances was set by the standard Municipal policy for the sale of shore road allowances.

Attachments: By-law 2014-80, Key Map and Site Plan.

6. By-law 2014-80, Close and Page 136 of 170 Convey Shore Road Allowance,

THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014 – 80

BEING A BY-LAW TO CLOSE, STOP UP AND CONVEY PART OF THE ORIGINAL SHORE ROAD ALLOWANCE IN FRONT OF LOT 28, CONCESSION 4 IN THE GEOGRAPHIC TOWNSHIP OF HARCOURT, NOW IN THE UNITED TOWNSHIPS OF DYSART ET AL, IN THE COUNTY OF HALIBURTON

WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c. 25, defines an original shore road allowance as a public highway.

AND WHEREAS Section 27 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Council of a Municipality to pass by-laws with respect to a highway over which it has jurisdiction.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al is the owner of part of the original shore road allowance in front of Lot 28, Concession 4 in the geographic Township of Harcourt, now in the United Townships of Dysart et al, in the County of Haliburton.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al has declared part of the original shore road allowance in front of Lot 28, Concession 4 further described as Parts 2 & 3, Plan 19R-9665 to be surplus.

AND WHEREAS Council of the Corporation of the United Townships of Dysart et al has agreed to convey said Part 2, Plan 19R-9665 for addition to the adjacent lands being Part Lot 28, Concession 4, and further described in PIN: 39157 0186.

AND WHEREAS it is deemed expedient in the interest of the Corporation of the United Townships of Dysart et al to close, stop up and convey the said Part 2 on Plan 19R-9665 to the adjoining property owner and effect the conveyances anticipated herein.

AND WHEREAS notice was provided to the County of Haliburton of the intention to pass the within By-law.

AND WHEREAS no person will be deprived of the means of ingress and/or egress to and from his lands or place of residence if the said road allowance is stopped up and closed.

AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al has heard in person or by his solicitor or agent, all persons claiming that their land will be prejudicially affected by this By-law and who have applied to be heard.

…2/

6. By-law 2014-80, Close and Page 137 of 170 Convey Shore Road Allowance, -2-

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts as follows:

1. That upon and after passage of this By-law, all that portion of the original shore road allowance in front of Lot 28, Concession 4, further described as Part 2, Plan 19R-9665 being a plan of survey prepared by Greg Bishop Surveying and Consulting Ltd., being available for inspection in the office of the Municipal Planner of the United Townships of Dysart et al, is stopped up and closed. 2. That Part 2 on Plan 19R-9665 hereinbefore described and closed will be conveyed for addition to the lands described as Part Lot 28, Concession 4, and further described in PIN: 39157 0186. 3. That the Council of the Corporation of the United Townships of Dysart et al sets the sale price for Part 2 on Plan 19R-9665 at $1000.00 in accordance with the Municipality’s standard policy for the sale of road allowances. 4. That Part 3 on Plan 19R-9665 hereinbefore described and closed will remain in Municipal ownership until such further action by the Council of the Corporation of the United Townships of Dysart et al determines otherwise 5. That the Reeve and the Clerk are hereby authorized to sign or execute such deeds or other documents as may be necessary to effect the conveyance of the said Part 2 on Plan 19R-9665.

READ a first, second and third time and finally passed, signed and the Corporate Seal attached thereto this 22nd day of September, 2014.

Reeve: Murray Fearrey

Clerk: Cheryl Coulson

6. By-law 2014-80, Close and Page 138 of 170 Convey Shore Road Allowance, KEY MAP LOT 30, CON 5 LOT 31, CON 5 Part Lot 28, Concession 4 LOT 27, CON 5 LOT 28, CON 5 LOT 29, CON 5 Geographic Township of Harcourt µ 030-39200

LOT 27, CON 4

LOT 31, CON 4 LOT 28, CON 4 LOT 29, CON 4 LOT 30, CON 4

Elephant Lake

Subject Lands Tr Trunk

Elephant - Southeast WAO LOT 29, CON 3 Tusk Tr

LOT 31, CON 3

LOT 30, CON 3

Elephant - South WAO

Leafield Lake Dr

LOT 26, CON 3 LOT 27, CON 3

LOT 28, CON 3

LOT 25, CON 2 LOT 26, CON 2

LOT 31, CON 2 Date: 5/21/2014 LOT 27, CON 2 LOT 28, CON 2 LOT 29, CON 2 LOT 30, CON 2

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data doesLeafield not constitute Lake an endorsement by MNR or the Ontario Government. 0 45 90 180 270 360 Meters

6. By-law 2014-80, Close and Page 139 of 170 Convey Shore Road Allowance, 6. By-law 2014-80, Close and Page 140 of 170 Convey Shore Road Allowance, Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Tamara J. Wilbee – C.A.O.

www.dysartetal.ca [email protected]

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Jeff Iles – GIS Technician/Planning Assistant

Date: August 29th, 2014

Re: Request to Purchase Shore Road Allowance In front of Lot 5, Concession 5 Kashagawigamog Lake Adjacent to the Lands of Hamilton Roll No.: 010-37600 Geographic Township of Dysart

Recommendation: Be it resolved that Council approves for processing an application by Lori Hamilton to purchase a portion of the shore road allowance along the shore of Kashagawigamog Lake in front of their property in Lot 5, Concession 5 in the geographic Township of Dysart. Pursuant to Section 3.2.7 of the Official Plan, the shed located on the shore road allowance is to be removed or moved into compliance with Zoning By-law 2005-120. These lands are declared Surplus.

Background: Ms. Hamilton has made application to purchase the shore road allowance in front of her property on Kashagawigamog Lake.

The seasonal dwelling (BP: 1985-070) was first assessed in 1985. The private garage was first assessed in 1985. Neither building is located on the shore road allowance.

There is a shed located on the shore road allowance. There is no record of a building permit for the shed and it was first assessed in 1987. The shed does not have legal non-complying status with regards to the water setback.

Summary: Staff request direction with regards to the shed, and approval to process the application.

Financial Implications: None

Attachments: Key Map, site plan and pictures

7. Request to Close and Convey Page 141 of 170 Shore Road Allowance, Adjacent 1934 KEY MAP 4252 Application to Purchase the Shore Road Allowance In Front of Lot 5, Concession 5 µ Geographic Township of Dysart 1903 010-37600 LOT 4, CON 6 1895 3191

1883

LOT 3, CON 6 3177

1881 3169

LOT 6, CON 6 1853 3163 1847

3151 14 Margarets Tr 1833 27 3147 3 5 3137 9 11

3123 Wigamog Rd 1803

Kashagawigamog Lake 3097

LOT 5, CON 6 3087 3097

3077

3069

3055

3041 Subject Lands 3028 3039

3023 3007

1021 3005 3014

1019 Freshwater Tr

LOT 6, CON 5 1011 3012

2997

3002 2987

2979 LOT 5, CON 5 2978 2971

2963

2964

2949 2955 2931

LOT 4, CON 5 2929 Date: 8/20/2014

DISCLAIMER: This map is for planning reference purposes only and is not a survey of 2895 properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any Kashagawigamog Lake2932 Rd loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission.

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario2871 Government. 2912 020 40 802859 120 160 2839 2841 Meters 2837 LOT 3, CON 5 2886 2900

7. Request to Close and Convey Page 142 of 170 Shore Road Allowance, Adjacent 7. Request to Close and Convey Page 143 of 170 Shore Road Allowance, Adjacent Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Jeff Iles – GIS Technician/Planning Assistant

Date: August 20th, 2014

Re: Request to Purchase Shore Road Allowance In front of Lot 6, Concession 6 Kashagawigamog Lake Adjacent to the Lands of Sharman Roll No.: 010-50500 Geographic Township of Dysart

Recommendation: Be it resolved that Council approves for processing an application by David and Sandra Sharman to purchase a portion of the shore road allowance along the shore of Kashagawigamog Lake in front of their property in Lot 6, Concession 6 in the geographic Township of Dysart. These lands are declared Surplus.

Background: Mr. and Mrs. Sharman have made application to purchase the shore road allowance in front of her property on Kashagawigamog Lake.

The seasonal dwelling (BP: 1989-404) and private garage (BP: 1990-339) were first assessed in 1990. Neither building is located on the shore road allowance.

Summary: Staff request approval to process this application.

Financial Implications: None

Attachments: Key Map, site plan and pictures

8. Request to Close and Convey Page 144 of 170 Shore Road Allowance, Adjacent KEY MAP Application to Purchase the Shore Road Allowance Carnegie Ln In Front of Lot 6, Concession 6 Geographic Township of Dysart µ

LOT010-50500 4, CON 6

Wigamog Rd

LOT 7, CON 6

Kashagawigamog Lake

LOT 6, CON 6

Subject Lands Kashagawigamog Lake Rd Lake Kashagawigamog

LOT 5, CON 6

LOT 7, CON 5 LOT 6, CON 5 LOT 5, CON 5 Freshwater Tr

LOT 4, CON 5

Date: 7/24/2014

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government.

020 40 80 120 160 Meters

8. Request to Close and Convey Page 145 of 170 Shore Road Allowance, Adjacent 8. Request to Close and Convey Page 146 of 170 Shore Road Allowance, Adjacent Municipality of Dysart et al Murray G. Fearrey – Reeve

P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Jeff Iles – GIS Technician/Planning Assistant

Date: August 20th, 2014

Re: Request to Purchase Shore Road Allowance In front of Lot 22, Concession 1 Little Redstone Lake Adjacent to the Lands of Martin and Amos Roll No.: 060-08200 Geographic Township of Havelock

Recommendation: Be it resolved that Council approves for processing an application by Linda Martin and Bruce Amos to purchase a portion of the shore road allowance along the shore of Little Redstone Lake in front of her property in Lot 22, Concession 1 in the geographic Township of Havelock. These lands are declared Surplus.

Background: Mr Amos and Ms Martin have made application to purchase the shore road allowance in front of her property on Little Redstone Lake.

There are no records of building permits for the cottage and private cabin. However both were first assessed in 1948.

There are 3 accessory buildings located on this property as opposed to the required maximum of 2. Staff have advised the applicant that they require a minor variance to bring them into compliance.

Summary: Staff request approval to process this application.

Financial Implications: None

Attachments: Key Map, site plan and pictures

9. Request to Close and Convey Page 147 of 170 Shore Road Allowance, Adjacent KEY MAP Application to Purchase the Shore Road Allowance In Front of Lot 22, Concession 1 Macdonald Lake Geographic Township of Havelock µ 060-08200 LOT 21, CON 2

Redkenn Rd

WhippletreeLn LOT 22, CON 2

LOT 20, CON 2 LOT 19, CON 2 LOT 23, CON 2 LOT 24, CON 2

Leave It To Beaver Ln

Legend Ln

LOT 22, CON 2

Breckles Dr

LOT 22, CON 1 LOT 21, CON 1 Subject Lands LOT 20, CON 1 LOT 23, CON 1

Tobermory Tr

Monshel Ln

Little Redstone - Hemlock Is LOT 24, CON 1

LOT 19, CON 1

Drake Ln

Little Redstone Lake

LOT 21, CON 1 LOT 22, CON 1

LOT 23, CON 1 Redkenn Rd

LOT 21, CON 13 LOT 24, CON 13

Falling Leaf Ln Little Redstone - Big Is

Date: 7/2/2014 LOT 22, CON 13 LOT 20, CON 13 DISCLAIMER: This map is for planning reference purposes only and is not a survey of LOT 23, CON 13 properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission.

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government.

0 45 90 180 270 360 LOTMeters 21, CON 13

9. Request to Close and Convey Page 148 of 170 Shore Road Allowance, Adjacent 9. Request to Close and Convey Page 149 of 170 Shore Road Allowance, Adjacent

Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0 [email protected]

www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 15th, 2014

Re: Permission to Use Road Allowance Between Lots 30 and 31, Concessions 1 and 2 Adjacent to the Lands of Bagg, Bagg and Schaffner Geographic Township of Guilford

Recommendation: Staff recommend that Council pass the following resolution:

Be it resolved that Council grants permission to Larry Bagg, Kirby Bagg and Patrick Schaffner, being the registered owners of Part Lot 30, Concession 1, (Roll No. 46-24-040-000-04100-0000) in the geographic Township of Guilford to use a portion of the original allowance for road between Lots 30 and 31, in Concessions 1 and 2, in the geographic Township of Guilford for access purposes. Use is restricted to that portion of the said road allowance as shown on the sketch attached to the signed Standard Acknowledgement Form. Permission extends to heirs, executors and invited guests and is subject to the terms and conditions outlined in the Municipality's standard acknowledgement form for use of road allowances. Use of the original allowance for road is restricted to vehicular and pedestrian access for uses permitted by By-law 2005-120 for Roll No. 46-24-040-000-04100-0000.

Background:  The owners of Lot 30 Concession 1 (Bagg, Bagg and Schaffner) would like permission from Council to construct a driveway on the original allowance for road between Lots 30 and 31 in Concessions 1 and 2, Township of Guilford. They have had the road allowance surveyed and have located the driveway accordingly. They advise that they have removed three trees and have planted additional trees on the road allowance.  Section 2(c) of Policy 32 (A Policy to Govern the Use of Municipal Road Allowances) supports this request to use the original road allowance.  The owners have signed the Municipality's Standard Acknowledgement Form.

Summary: The owners of Lot 30 Concession 1, Township of Guilford require permission to use a portion of the original road allowance adjacent to their lands for access purposes.

Request to Use Road Allowance: Bagg, Bagg and Schaffner Page 1 of 2

10. Request to Use Original Page 150 of 170 Allowance for Road, Adjacent to

Financial Implications: there are no financial implications.

Attachments: the following are attached to this report:  a key map showing the location of the subject road allowance; and  a sketch from the owners, showing the proposed driveway.

Request to Use Road Allowance: Bagg, Bagg and Schaffner Page 2 of 2

10. Request to Use Original Page 151 of 170 Allowance for Road, Adjacent to Eagle Lake S ir S r t a D C m lk e s E k Rd a L LOT 31, CON 3 n LOT 28, CON 3 LOT 29, CON 3 le LOT 34, CON 3 LOT 30, CON 3 LOT 32, CON 3 G LOT 33, CON 3 Angel Rd µ

LOT 33, CON 2 Lisw N ood Rd or th D r LOT 34, CON 2

LOT 30, CON 2 LOT 32, CON 2 LOT 29, CON 2 LOT 31, CON 2 r LOT 28, CON 2 T

k i

Basshau nt Lake Rd LOT 33, CON 2 Lake Rd Basshaunt

LOT 32, CON 1

Lands of Bagg, Basshaunt Lake Bagg and Schaffner Subject Road Allowance LOT 32, CON 1

LOT 29, CON 1 LOT 30, CON 1

LOT 28, CON 1 LOT 31, CON 1 LOT 34, CON 1

d LOT 33, CON 1 R ke La olf hw us B LOT 32, CON 1

l Tr Israe Gan

Bushwolf Lake KEY MAP

Permission to Use Road Allowance

LOT 29, CON 13 Between Lots 30 and 31 in Concessions 1 and 2 Adjacent to the Lands of Bagg, Bagg and Schaffner LOT 34, CON 13 LOT 31, CON 13 GeogLrOaTp 3h2i, cC OToN w13nship of Guilford LOT 33, CON 13 LOT 30, CON 13 040-000-04100

Date: 17/09/2014 LOT 28, CON 13

DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given asL tOo iTts 2co9n,t eCntO. NUs e1r 3assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission.

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government.

0 50 100 200 300 400 Meters

10. Request to Use Original Page 152 of 170 Allowance for Road, Adjacent to 10. Request to Use Original Page 153 of 170 Allowance for Road, Adjacent to Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 12th, 2014

Re: H-041/14 Lands of Highland Estates Development Corporation Roll No.: 040-000-06905 Part Lot 16, Concession 2 Parts 1 & 2, Plan 19R-9503 Geographic Township of Guilford

RECOMMENDATION: staff recommends that Council pass the following resolution:

Be it resolved that Council recommends approval of application for consent H-041/14 (lands of Highland Estate Development Corporation) subject to the comments received through the public review process and the following standard conditions: 1. For easement purposes only for the benefit of Roll No. 46-24-040-000-06900-0000.

PLANNING REPORT:

(1) Background: The owners would like to grant an easement to the neighbouring property, which is also in their ownership. The easement recognizes the location of an existing well.

(2) Site Description: A site inspection has not been completed for the purpose of this proposal. This is an easement for an existing well. (a) Lot Dimensions: For easement purposes only. No new lots are created. (b) Existing Development: existing well. (c) Frontage: County Road 14. (d) Access: County Road 14. (e) Servicing: N/A – for easement purposes only. (f) Road Allowance: N/A

H-041/14 – Highlands Estate Development Corporation Page 1 of 2

11. H-041/14, Lands of Highland Page 154 of 170 Estate Development Corporation, (3) Provincial Policy (a) Conformity: Yes. (b) Applicable Policies: Policy 1.1.4 Rural Areas in Municipalities (c) Comment: For easement purposes only. No new lots are created.

(4) Dysart Official Plan: Rural Areas (a) Conformity: Yes. (b) Applicable Policies: Section 2.2.1 Protection and Enhancement of the Environment Section 2.2.7 Promotion of Liveable Settlements Section 3.2.2.2 County Roads Section 4.6 Lot Size and Shape Section 19 Rural Areas (c) Comment: For easment purposes only. No new lots are created.

(5) Zone Category: Rural Residential 10 Exception zone. (a) Compliance: The lot complies with the applicable zone provision. No new lots are created.

SUMMARY: The owners would like to grant an easement to a neighbouring property, which is also in their ownership. The easement recognizes an existing well and no new lots are created. The proposal is consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan.

FINANCIAL IMPLICATIONS: there are no financial implications.

ATTACHMENTS: the following are attached to this report:  the key map;  the property sketch.

H-041/14 – Highlands Estate Development Corporation Page 2 of 2

11. H-041/14, Lands of Highland Page 155 of 170 Estate Development Corporation, Cranberr y Lake Rd

Cranberry Lake

S h a m

r o Ea c gle L k ake Rd L n

µ d

r C

D i

d b

r o o

f M g n li r a D

Subject Lands

d R e k a L n o rt u b li KEY MAP a H H-041/14

Lands of Highland Estates Development Corporation Part Lot 16, Concession 2 Parts 1 and 2, Plan 19R-9503 Geographic Township of Guilford

Date: 18/09/2014 040-000-06905

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government.

0 90 180 360 540 720 Meters

11. H-041/14, Lands of Highland Page 156 of 170 Estate Development Corporation, 11. H-041/14, Lands of Highland Page 157 of 170 Estate Development Corporation, Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0

[email protected] www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 16th, 2014

Re: Severance Proposal Lands of Maher Roll No.: 060-000-23100 Part Lot 13, Concession 2, Lot 12, Plan 374 Geographic Township of Havelock

RECOMMENDATION: for discussion and staff direction Staff recommends that Council support the general principle of the proposal, subject to the comments received through the public process and the following standard conditions: 1. Concurrently with the submission of an application for consent, the applicant is to submit a site development plan, prepared by an Ontario Land Surveyor, which shows the extent of the wetland, the existing parking for the cottage, the proposed parking area (including the shoreline vegetation buffer next to the shoreline and next to the wetland), the existing and proposed docks, the proposed trail linking the parking area and the dock, and the existing buildings and septic system. Site drainage is to be addressed in the site design (roads, driveways, building etc.) and shown on the plan. The parking spaces for the island property are to be restricted to two spaces. 2. For easement purposes only to the lands of Maher (Roll No. 46-24-060-000-22300-0000). 3. Subject to an amendment to the zoning by-law to define the extent of the parking area. Parking will be limited to two parking spaces. The registered owners are to make application with the Municipality. 4. The registered owner is to enter into a severance agreement pursuant to Section 51(26) of the Planning Act to address all planning matters, including but not limited to the direction provided by the site development plan. The registered owners are to make application with the Municipality. 5. The owners are to construct the parking area and the access path to the lake, to the satisfaction of the Municipality. The area is to be properly surfaced and stabilized. The vegetation buffer, shown on the site development plan, is to be protected, maintained and, if necessary, enhanced. 6. Registered owner is to pay any outstanding taxes.

Severance Proposal – Maher Page 1 of 3

Proposals: Page 158 of 170

7. Prior to the endorsement of the deeds, the applicant is to provide a clearance letter from the Municipality to the Land Division Committee, confirming that conditions 2, 3, 4, 5 and 6 have been fulfilled.

PLANNING REPORT: (1) Background: Mr. and Mrs. Maher own the subject lands. They also own the island off shore from these lands. There is an existing cottage and private cabin on the mainland property. There is also a cottage on the island. Mr. and Mrs. Maher would like to create an easement on the shoreline property to accommodate access to the island property. This would allow the properties to be sold separately. The Mahers have advised staff that they intend to sell the mainland property separate from the island property. If this proposal proceeds, the parking area must be designed so as not to interfere with the mainland seasonal residential use. There is a wetland along the south portion of the proposed easement. With the recent construction of the cottage on Lot 1 (lands of Pike), road access along Elmhurst Drive has been contentious. Additional parking is available nearby at the Kennisis Lake marina.

(2) Site Description: Staff inspected the property with the agent for the file on September 16th, 2014. The south end of the property (the area where the easement is proposed) is generally level. This is the location of the submarine cable that services the island. An area has been cleared near the road to accommodate the overhead hydro lines and connection to the submarine cable. Two parking spaces can be accommodated in this existing clearly. The wetland area along the south boundary of the subject lands, as well as, the shoreline of Kennisis Lake should be protected by a vegetation buffer. This area is well treed now with large hemlock trees and various shrubs. The trees should be retained, as much as possible, to screen the proposed parking area. (a) Proposed Lot Dimensions: Frontage Area Severed- 20 m (66 ft) 647.5+ sq. m (0.16+ ac) Retained- 76+ m (250+ft) 0.3439 ha+ (0.85 ac+) (b) Existing Development: Severed: parking area. Retained: - seasonal dwelling (first assessed in 1956) - a private cabin (B.P. 1983-109) (c) Frontage: Kennisis Lake. (d) Access: Elmhurst Lane (private road leading from Wilkinson Road) (e) Servicing: N/A (parking area only). (f) Shoreline Road Allowance: there is a shoreline road allowance in front of these lands. It is unclear if the buildings encroach upon the road allowance.

(3) Provincial Policy (a) Conformity: see comment below. (b) Applicable Policies: Policy 1.1.5 Rural Lands in Municipalities Policy 2.1 Natural Heritage (c) Comments: No specific direction is given for this type of use.

Severance Proposal – Maher Page 2 of 3

Proposals: Page 159 of 170

(4) Official Plan Designation: Waterfront Areas (a) Conformity: Unclear. A site inspection and a site development plan are required to confirm how much dry land is available for parking purposes and whether the parking area will interfere with the existing seasonal residential use. (b) Applicable Policies: Section 2.2.1 Protection and Enhancement of the Environment Section 4.6 Site Conditions - Lot Shape and Size Section 5 Resource Protection Policies Section 5.1.2 Lakes and Rivers Section 9 Waterfront Areas (c) Comments: the following comments apply:  Section 5.1.2 encourages waterfront property owners to leave the lands in the water setback substantially undisturbed. This is supported by the County Tree Preservation By- law. A site development plan is required to define the extent of the parking area.  Section 4.6 requires all lots created to be of a size and shape to accommodate the proposed use in accordance with the applicable zone provisions. It appears that the combined waterfront residential use and the parking use for the island can be accommodated. A site development plan is required to define the uses.

(5) Present Zoning: Waterfront Residential Type 4L (WR4L) (a) Compliance: no new lots are created. However, zoning is required to adequately control use of the parking area.

SUMMARY: Mr. and Mrs. Maher own the subject lands. They also own the island off shore from these lands. There is an existing cottage and private cabin on the mainland property. There is also a cottage on the island. Mr. and Mrs. Maher would like to create an easement on the shoreline property to accommodate access to the island property. This would allow the properties to be sold separately. Staff inspected the property with the agent and confirms that the combined waterfront residential use and the parking use for the island can be accommodated. If the proposal proceeds, the parking should be limited to two spaces and regulated by a site development plan and severance agreement to specifically define use of the property to avoid future use conflicts. Additional parking is available nearby at the Kennisis Lake marina.

FINANCIAL IMPLICATIONS: there are no financial implications. The cost to process the application is recovered through the new fee structure.

ATTACHMENTS: the following information is attached to this report:  key map;  property sketch; and  agent's cover letter.

Severance Proposal – Maher Page 3 of 3

Proposals: Page 160 of 170

LOT 13, CON 4 LOT 15, CON 4

Kennisis LakeLOT Rd 12, CON 4

Kennisis - Island 17

LOT 11, CON 4

Kantor Dr Kennisis - Island 18 µ

Pine Point Rd

LOT 11, CON 3

LOT 12, CON 3 Epic Rd

Charlotte Ln

Kennisis - Norahs Is

Siesta Ln

Kennisis Lake

LOT 13, CON 2

Elmhurst Ln LabyrinthLn

Kennisis - Island 13 Ash Ln

Galt Tr Subject Lands

Bullfrog Bay Dr LOT 16, CON 2 LOT 14, CON 2 LOT 17, CON 2 Wilkinson Rd LOT 15, CON 2

LOT 11, CON 2

LOT 13, CON 2

LOT 12, CON 2

KEY MAP

Severance Proposal Lands of Maher Part Lot 13, Concession 2, Lot 12, Plan 374 Geographic Township of Havelock

LOT 11, CON 1 LOT 12, CON 1 LOT 13, CON 1 LOT 14, CON 1 LOT 15, CON 1 LOT 16, CON 1 LOT 17, CON 1 060-000-23100

LOTDate: 10, 18/09/2014CON 1

in part or in whole, without written permission. Birchy Lake Dr

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government.

0 55 110 220 330 440 Meters

Proposals: Page 161 of 170

Proposals: Page 162 of 170

Proposals: Page 163 of 170

Municipality of Dysart et al

Murray G. Fearrey – Reeve P.O. Box 389,

135 Maple Avenue, Tamara J. Wilbee – C.A.O. Haliburton, Ontario K0M 1S0 [email protected]

www.dysartetal.ca

______“The Heart of the Highlands”______

To: Reeve Fearrey and Members of Council

From: Patricia Martin, Director of Planning and Development

Date: September 15th, 2014

Re: Request to Purchase Road Allowance Original Allowance for Road Between Concessions 5 and 6 in Lot 23 Adjacent to the Lands of Sawyer Roll No.: 010-000-41600 Geographic Township of Dysart

Recommendation: for discussion and staff direction.

Background:  Mr. and Mrs. Sawyer recently made application for a minor variance so that they can construct a garage. During the review of this file, staff advised them that their house appears to encroach upon the original allowance for road between Concessions 5 and 6, Township of Dysart.  In this area, Burkes Road is north of the original allowance for road, most likely to avoid a wetland. The original owners of the Sawyer property appear to have misunderstood the location of their property lines because Burkes Road is not located on the original road allowance. The house and the well encroach upon the original allowance for road. The agent for the file (Greg Bishop) has submitted historical surveys, which demonstrate how this misunderstanding may have occurred.  Mr. and Mrs. Sawyer would now like to resolve this occupational issue and are making preliminary inquiries about the purchase of the road allowance.  The preliminary plan will be reviewed by the Roads Department and staff will ensure that we retain a 20 metre road allowance for Burkes Road.  If the application proceeds, the applicant will pay the following expenses:  Survey costs: as billed to the applicant by the surveyor;  Application fee: $800.00  Appraisal fees: as billed by the appraiser ($600.00+)  Advertising fees: as billed by the Echo ($300.00+)  Land costs: as determined by Council's review of the appraisal  Legal fees: as billed by the lawyer ($2500.00+).

Request to Purchase Road Allowance: Sawyer Page 1 of 2

13. Preliminary Inquiry to Page 164 of 170 Purchase Road Allowance, Summary: Mr. and Mrs. Sawyer would like to purchase part of the original allowance for road between Concessions 5 and 6 in Lot 23, in the Township of Dysart, to resolve an occupational issue. Their house and well encroach upon the road allowance.

Financial Implications: Mr. and Mrs. Sawyer will be responsible for all costs associated with the road closing application including: the application fee, the survey fees, the appraisal fee, the advertising fees, the land costs and the legal fees.

Attachments: the following are attached to this report:  a key map showing the location of the subject road allowance;  a property sketch showing the portion of the road allowance to be closed and the Sawyers house;  a plan of survey completed in 1973, showing the Sawyer property and the previously fenced area; and  a letter of request Greg Bishop, agent for the file.

Request to Purchase Road Allowance: Sawyer Page 2 of 2

13. Preliminary Inquiry to Page 165 of 170 Purchase Road Allowance, LOT 20, CON 7 LOT 21, CON 7 LOT 22, CON 7 LOT 23, CON 7 O utle Drag Lake LOT 24, CON 7 t Ba y Rd D rag Lake WAO

Colonization Tr d Fr R e d l l J

i o ne H s Rd s d r rk R e ne Pa v li o Sky LOT 22, CON 7 LOT 23, CON 7

D LOT 21, CON 7 LOT 19, CON 7 LOT 2µ0, CON 7 LOT 24, CON 7

LOT 24, CON 6 LOT 22, CON 6 LOT 23, CON 6 LOT 20, CON 6 LOT 21, CON 6 LOT 19, CON 6

H wy 1 18

Burkes Rd

Rd Line ish Par

m Lands of Sawyer Subject Road Allowance

KEY MAP

Request to Purchase Road Allowance LOT 21, CON 5 LOT 24, CON 5 LOT 20, CON 5 LOT 22, CON 5 LOT 23, CON 5 LOT 19, CON 5 Between Concessions 5 and 6, in Lot 23 Adjacent to the Lands of Sawyer Geographic Township of Dysart

010-000-41600 Date: 17/09/2014

BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsement by MNR or the Ontario Government.

0 45 90 180 270 360 Meters

13. Preliminary Inquiry to Page 166 of 170 Purchase Road Allowance, 13. Preliminary Inquiry to Page 167 of 170 Purchase Road Allowance, 13. Preliminary Inquiry to Page 168 of 170 Purchase Road Allowance, 13. Preliminary Inquiry to Page 169 of 170 Purchase Road Allowance, THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE

BY-LAW NO. 2014-84

BEING A BY-LAW TO CONFIRM PROCEEDINGS OF THE REGULAR COUNCIL MEETING HELD ON SEPTEMBER 22, 2014

WHEREAS the Council of the Corporation of the United Townships of Dysart et al held a regular meeting on September 22, 2014, at which various actions were passed, taken or adopted;

AND WHEREAS pursuant to the provisions of Section 12(1) of the Municipal Act, 2001, the powers of a Municipality shall be exercised by its Council;

AND WHEREAS it is deemed expedient that the actions of the Council of the Corporation of the United Townships of Dysart et al at its regular meeting held on September 22, 2014, be confirmed and adopted by by-law;

NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al hereby enacts as follows:

1. That the actions of the Council of the Corporation of the United Townships of Dysart et al in respect of each motion, resolution, declaration and other action passed, taken or adopted at the regular meeting of Council held on September 22, 2014, are hereby adopted and confirmed as if the same were expressly included in this by-law.

2. That the Reeve and the Clerk are hereby authorized and directed to do all things necessary, including the execution of the necessary documents, to give effect to the actions of the Council of the Corporation of the United Townships of Dysart et al referred to in Section 1 of this by-law.

3. That the provisions of this by-law with respect to the meeting of Council referred to in Section 1 of this by-law shall be deemed to have been effective immediately following such meeting of the Council of the Corporation of the United Townships of Dysart et al.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto, this 22 day of September, 2014.

REEVE: Murray Fearrey

CLERK: Cheryl Coulson

Page 170 of 170