Dysart Et Al Council Minutes Monday, January 28, 2013

Dysart et al Council Minutes Monday, January 28, 2013

The Council of the Corporation of Dysart et al convened a meeting on Monday, January 28, 2013 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 Ray Miscio, Director of Parks & Recreation

ADOPTION OF AGENDA Motion No. 13-01 Moved by: Councillor Steve Pogue Seconded by: Deputy-Reeve Bill Davis Be it resolved that the agenda for the meeting of the Council of the Municipality of Dysart et al held on January 28, 2013 be approved as presented. CARRIED

DISCLOSURE OF PECUNIARY INTEREST Councillor Steve Pogue declared a pecuniary interest pertaining to Planning Agenda Item P6, By-law 2013-09, Close and Convey SRA, Adjacent to the Lands of Harcourt Park Inc. as he is a member of the Board of Directors for Harcourt Park Inc.

ADOPTION OF MINUTES FROM PREVIOUS MEETING The minutes of the December 17, 2012 Regular Council Meeting were circulated for review.

Motion No. 13-02 Moved by: Councillor Steve Pogue Seconded by: Deputy-Reeve Bill Davis Be it resolved that the minutes of the December 17, 2012 Regular Council meeting be adopted as circulated. CARRIED

CLOSED SESSION To discuss the following items pursuant to Section 239(2) of the Municipal Act, 2001, as amended: a) a proposed or pending acquisition of land by the Municipality pertaining to the Victoria Street School; b) litigation or potential litigation regarding a matter pertaining to Elmhurst Lane and a Planning matter in the Township of Guilford; and c) personal matters about an identifiable individual, including municipal or local board employees pertaining to a Planning matter in the Township of Dudley.

Motion No. 13-03 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that Council adjourns the regular meeting at 9:00 a.m. to proceed into Closed Session for the purpose of discussing a proposed or pending acquisition of land by the Municipality pertaining to the Victoria Street School; litigation or potential litigation regarding a matter pertaining to Elmhurst Lane and a Planning matter in the Township of Guilford; and personal matters about an identifiable individual, including municipal or local board employees pertaining to a Planning matter in the Township of Dudley, pursuant to Section 239(2) of the Municipal Act, 2001, as amended. CARRIED

Council adjourned its Closed Session at 9:58 a.m. and reconvened the Regular meeting.

Purchase from Trillium Lakelands District School Board (Victoria Street School).

Council finalized the negotiations with Trillium Lakelands District School Board for the purchase of Victoria Street School.

Motion No. 13-04 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council directs staff to proceed with the execution of an Agreement of Purchase and Sale with Trillium Lakelands District School Board for the purchase of Victoria Street School at the negotiated price of $235,000.00 CARRIED

FINANCE DEPARTMENT December 2012 Cheque Summary.

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

Motion No. 13-05 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council approves the following payments: - Accounts Payable, including Cheque Nos. 19111 - 19198 totaling $4,502,638.63; - Plus Payroll Direct Deposits $132,381.33 CARRIED

Monthly Revenue/Expense Report as at December 31, 2012.

The Monthly Revenue/Expense Report as at December 31, 2012 was reviewed by Council and considered information.

Metered Sewage Report for December.

The Metered Sewage Report for December was reviewed by Council and considered information. s. 347/358 Tax Adjustments.

Council reviewed the staff report regarding applications for tax adjustments made under s.357 and s.358 of the Municipal Act, 2001, as amended.

Motion No. 13-06 Moved by: Councillor Dennis Casey Seconded by: Councillor Andrea Roberts Be it resolved that Council authorizes tax adjustments for applications made under s.357 and s.358, Municipal Act, 2001, as amended, as follows:

Year Class Total 2012 CT $1,984.78 (Municipal Share: $345.85) CARRIED

2012 Council and Committee Remuneration.

Council reviewed the staff report outlining the 2012 Council and Committee remuneration as per legislation and considered it information.

By-law No. 2013-01 - Being a By-law to authorize the borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2013.

Motion No. 13-07 Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that By-law No. 2013-01, being a By-law to authorize the borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2013, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED

By-law No. 2013-02 - Being a By-law to provide for an interim tax levy and to provide for interest and penalty to be applied on taxes.

Motion No. 13-08 Moved by: Councillor Dennis Casey Seconded by: Councillor Andrea Roberts Be it resolved that By-law No. 2013-02, being a By-law to provide for an interim tax levy and to provide for interest and penalty to be applied on taxes, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED

Preliminary 2013 Budget Review.

The Treasurer, with the support of Department Heads, presented Council with a preliminary 2013 Budget review. Council will review the final budget at the February meeting. DELEGATIONS Rails End Gallery & Arts Centre Re: 2013 Financial Request.

The Rails End Gallery & Arts Centre was unable to attend Council for their delegation. Councillor Norcross advised that the Gallery was seeking the same financial commitment from Council of $50,000 plus an additional $3,000 to help finance the design and planting of a 50th Anniversary garden. The Reeve noted that their request will be discussed during the Budget review.

U-Links Re: Request for Financial Assistance.

Heather Reid from U-Links attended the meeting to discuss U-Links request for financial assistance for both an annual contribution and a request for financial support of a special project being spearheaded by Minden Hills.

Friends of Haliburton Head Lake Water Ways Re: Plans to Open Beach.

Stuart Henderson, representative of the Friends of Haliburton Head Lake Water Ways attended the meeting to discuss the Friends proposal to clean up Head Lake for swimming. Reeve Fearrey advised Mr. Henderson that the water stagnates in the beach area due to changes in the water flow resulting from a flood several years ago.

FIRE DEPARTMENT 2012 Annual Report.

Miles Maughan, Fire Chief presented the 2012 Annual Report which was received as information. He also noted that the Department has recruited three new volunteers.

Motion No. 13-09 Moved by: Councillor Susan Norcross Seconded by: Councillor Dennis Casey Be it resolved that Council recommends the following be accepted to the Dysart Volunteer Fire Department: Jonathan Hockey, Justine Bourgeois and Katherine Ross. CARRIED

Amend Fees and Charges for the Provision of Fire Department Services.

Council reviewed the staff report regarding amending fees and charges for the provision of Fire Department Services. Council supported the Fire Chief's recommendation to double fees during a fire ban as a deterrence.

Motion No. 13-10 Moved by: Councillor Walt McKechnie Seconded by: Councillor Dennis Casey Be it resolved that Council approves the new fee schedule for the provision of Fire Department Services outlined in the staff report and that the Clerk be directed to proceed with Policy No. 24 requirements with regard to notice to the public prior to the passing of a By-law. CARRIED

By-law No. 2013-03 - Being a By-law to authorize the execution of Fire Protection Agreements with the Municipality of Highlands East.

Motion No. 13-11 Moved by: Councillor Steve Pogue Seconded by: Councillor Susan Norcross Be it resolved that By-law No. 2013-03, being a By-law to authorize the execution of Fire Protection Agreements with the Municipality of Highlands East, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED

2013 Truck Replacement.

Council approved the request of the Fire Chief to proceed with the purchase of a new pick-up truck for the Department.

Motion No. 13-12 Moved by: Councillor Walt McKechnie Seconded by: Councillor Susan Norcross Be it resolved that Council authorizes the purchase of a pick-up truck for the Fire Department. CARRIED

ROADS DEPARTMENT Roads Department Update.

Council reviewed the staff report providing an update on the Roads Department and considered it information.

Winter Maintenance Level of Service Policy.

Council reviewed the staff report regarding the establishment of a new Winter Maintenance Level of Service Policy.

Motion No. 13-13 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council adopts the Level of Service Policy for the Roads Department. CARRIED

Roads Needs Study.

Council reviewed the staff report regarding the 2012 Roads Needs Study.

Motion No. 13-14 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council adopts the 2012 Roads Needs Study as the guideline for ongoing capital works planning. CARRIED

Taxi Stand.

Council reviewed the staff report regarding correspondence from Hyland Taxi requesting that the proposed location of the taxi stand be moved to another location. Council withheld their decision in October and directed that the taxi stand location remain in the proposed location.

George and Lori Mathers Re: Request to have Dovers Hill Road Assumed and Maintained by the Municipality.

Council reviewed the correspondence from George and Lori Mathers requesting the Municipality to maintain Dovers Hill Road in order to receive road maintenance from the Municipality. Brian Nicholson noted that this road is an unassumed road and the Municipality currently has no plans to assume it. The Municipality does not provide maintenance to unassumed roads.

ENVIRONMENT Recycled Material Report - December.

Council reviewed the Recycled Material Report for December and considered it information.

Landfill Tipping Fees Report - December.

Council reviewed the Landfill Tipping Fees Report for December and considered it information.

Proposed Landfill Fee Changes.

Council reviewed the staff report regarding proposed changes to Landfill Fees. Mr. Nicholson noted that he was recommending that the service to collect boat tarps be discontinued as it was costing the Municipality money to provide this service and there was not a great deal of participation.

Motion No. 13-15 Moved by: Councillor Steve Pogue Seconded by: Councillor Walt McKechnie Be it resolved that Council approves the proposed Fees and Charges for the Disposal of Waste at the Municipal Landfill Sites outlined in the staff report and that the Clerk be directed to proceed with Policy No. 24 requirements with regarding to notice to the public prior to the passing of a By-law. CARRIED

PARKS AND RECREATION DEPARTMENT Amend Fees for A.J. LaRue Arena Summer Ice Rentals.

Council reviewed the staff report regarding amending the fees for summer ice rentals at the A.J. LaRue Arena.

Motion No. 13-16 Moved by: Councillor Steve Pogue Seconded by: Councillor Susan Norcross Be it resolved that Council approves the new fees for Summer Ice Rentals at the A.J. LaRue Arena outlined in the staff report and that the Clerk be directed to proceed with Policy No. 24 requirements with regard to notice to the public prior to the passing of a By-law. CARRIED

Haliburton County Farmers' Market Association Re: Fall Market.

Council reviewed the correspondence from the Haliburton County Farmers' Market Association providing a report on the 2012 Fall Market and the suggestion that they would consider hosting a mid-week Market by the boardwalk in 2014. This item was referred to the Housing and Business Development Committee for further discussion.

BUILDING AND BY-LAW DEPARTMENT Building Permit Report to December 31, 2012.

Council reviewed the Building Permit Report to December 31, 2012 and considered it information.

Increase in Building Permit Fees.

Council reviewed the staff report regarding the recommendation to increase Building Permit Fees. Dan Sayers advised Council that the proposed fees were still the lowest in the County.

Motion No. 13-17 Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council approve an increase in Building Permit Fees proposed in the staff report dated January 11, 2013 in principal, subject to the outcome of the Public Meeting required by the Building Code Act. CARRIED

Changes to Building By-law 2011-79 Re: Site Plans.

Council reviewed the staff report regarding suggested changes to Building By-law 2011- 79 to include the requirement of detailed site plans with the submission of Building Permit applications. Dan Sayers noted that issues related to people building within the setbacks always end up back here to manage. He suggested prevention would be to acquire a survey.

By-law Department Report - December.

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

Changes to Parking By-law as a Result of Street Scape.

Council reviewed the staff report outlining recommendations pertaining to the Parking By-law with respect to the Street Scape project on Highland Street and the installation of new Pay N Display Dispensers. The report also outlined the requirement to replace the existing parking meter heads due to the new coins, which make the current meters obsolete.

Motion No. 13-18 Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that Council approves the Set Fine of $10.00 with an early payment option of $7.00 for any Validation Ticket obtained for parking from the Pay N Display Dispenser that becomes invalid. CARRIED

Motion No. 13-19 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that Council authorizes the execution of a By-law in order to amend Parking By-law No. 2010-42 to reflect the addition of Pay N Display Dispensers. CARRIED

Motion No. 13-20 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council approves the purchase of approximately 40 parking meter mechanisms for an estimated cost of approximately $8,800 plus HST. CARRIED

By-law No. 2013-15 - Being a By-law to amend By-law 2010-42, being a By-law to regulate and control parking on highways under the jurisdiction of the Corporation of the United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde and on Township and Private property within the corporate boundaries.

Motion No. 13-21 Moved by: Councillor Steve Pogue Seconded by: Councillor Susan Norcross Be it resolved that By-law No. 2013-15, being a By-law to amend By-law 2010-42, being a By-law to regulate and control parking on highways under the jurisdiction of the Corporation of the United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde and on Township and Private property within the Corporate boundaries, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED

ADMINISTRATION Haliburton Highlands Museum Board Re: Resignation from Nancy Stinson.

Council reviewed the letter from Nancy Stinson regarding her resignation from the Haliburton Highlands Museum Board effective February 1st. The Reeve noted that Mrs. Stinson's contributions to the Museum will be missed. Staff will place ads to recruit a new member to the Board.

Motion No. 13-22 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that Council accepts the resignation of Nancy Stinson from the Haliburton Highlands Museum Board effective February 1, 2013 and thanks her for her work and dedication to the Museum for the past ten years; And Further that Council directs staff to proceed with the process required to appoint a new member to the Board. CARRIED

By-law No. 2013-04 - Being a By-law to authorize the execution of a Community Infrastructure Improvement Fund (CIIF) Contribution Agreement with Her Majesty the Queen in Right of Canada hereby represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario (Project C0445 - Upgrades to the Haliburton Arena).

Motion No. 13-23 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that the Council of the Municipality of Dysart et al enter into a Community Infrastructure Improvement Fund (CIIF) Contribution Agreement for Project C0445 - Upgrades to the Haliburton Arena (A.J. LaRue Arena) with Her Majesty the Queen in Right of Canada as represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario; And Further that By-law No. 2013-04 authorizing the execution of the said Contribution Agreement be adopted. CARRIED

2013 Remuneration and Benefit Renewal.

Council reviewed the staff report regarding 2013 remuneration increase for non-union employees and the benefit renewal from Desjardins and Greenshield.

Motion No. 13-24 Moved by: Councillor Walt McKechnie Seconded by: Councillor Dennis Casey Be it resolved that Council approve of a cost of living adjustment at 1.5% and further that the benefit renewal from Desjardins and Greenshield be renewed effective January 1, 2013 reflecting enhancements to the vision coverage. CARRIED

Appointment By-law Review.

Council discussed their current appointments to various Committees and made a few changes such as Councillor Walt McKechnie replacing Deputy-Reeve Bill Davis on the Glebe Park Committee and Councillor Susan Norcross replacing Councillor Steve Pogue on the Environment and Green Energy Committee. The Clerk was directed to prepare a new By-law for the February Council meeting.

Accessibility.

Council reviewed a number of items pertaining to Accessibility requirements of the Municipality including correspondence from the Ministry of Community and Social Services regarding a File Review - Accessibility for Ontarians with Disabilities Act, 2005, correspondence from AMO regarding new AODA Accessibility Standards and a notification from the CAO regarding a Mandatory Training Session on Integrated Standards of the AODA. Council will attend the training session on March 25th.

Annual Review of Health and Safety Policy Statement.

Council reviewed the Health and Safety Policy which is required to be adopted annually by the Municipality.

Motion No. 13-25 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council adopts the Health and Safety Policy Statement for 2013. CARRIED

Street Closing Resolution for Frost Festival.

Council authorized the closure of a portion of York Street for planned activities for the Frost Festival being held on Saturday, February 16, 2013.

Motion No. 13-26 Moved by: Councillor Steve Pogue Seconded by: Councillor Susan Norcross Be it resolved that Council authorizes the closure of a portion of York Street on Saturday, February 16, 2013 for Frost Festival activities. CARRIED Amendment to Policy No. 23 - To Govern the Sale and Other Disposition of Land.

Council reviewed the amendment to Policy No. 23 - To Govern the Sale and Other Disposition of Land which provides for more flexibility when negotiating directly with non- for-profits.

Motion No. 13-27 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council authorizes the amendment to Policy No. 23 being the policy To Govern the Sale and other Disposition of Land. CARRIED

Ministry of Tourism, Culture and Sport Re: Ontario Sport and Recreation Communities Fund.

Council reviewed the staff report regarding the request to submit an application to the Ontario Sport and Recreation Communities Fund. This financial support would enable the Municipality to develop a two year project aimed at increasing the physical activity of the community through programming coordination and planning.

Motion No. 13-28 Moved by: Councillor Steve Pogue Seconded by: Councillor Susan Norcross Be it resolved that Council directs staff to submit an expression of interest to the Sports and Recreation Communities Fund for purposes of developing and implementing a municipal recreation plan in collaboration with existing recreation providers both in the public and private sector, and further that Council allocate $4,500 per year for two years representing a ten percent cash contribution to the program, pending a successful application process. CARRIED

General Correspondence.

Council reviewed the following correspondence items and considered them information:  Haliburton Highlands Museum Board Re: Minutes of December 6, 2012 Meeting.  Haliburton BIA Re: Minutes of November 27, 2012 Meeting.  Ministry of Aboriginal Affairs Re: Preliminary Draft Agreement-in-Principle (AIP) Algonquin Land Claim.

Lunch Break: Council adjourned at 12:20 p.m. until 12:40 p.m. for lunch.

PLANNING AND DEVELOPMENT DEPARTMENT Application to Amend ZBL, Lands of Highlands Estates Development, County Road 14, Township of Guilford.

Council reviewed the staff report regarding an application to amend Zoning By-law 2005- 120, for the lands of Highlands Estates Development in the Township of Guilford.

Motion No. 13-29 Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that Council approves for processing an application to amend Zoning By-law 2005-120, for the lands of Highland Estate Development in Lot 16, Concession 2, in the Geographic Township of Guilford.

(Ref. Highland Estate Development - Roll No. 040-06900) CARRIED

Zoning By-law 2013-05, Lands of Pellegrino, Drag Lake, Township of Dudley.

Council reviewed Zoning By-law 2013-05 which is a By-law to amend Zoning By-law 2005-120, for the lands of Pellegrino in the Township of Dudley.

Motion No. 13-30 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that By-law 2013-05, which is a by-law to amend By-law 2005-120, by changing the zone on Part Lot 9, Concession 8, in the geographic Township of Dudley from "RU1L" (the Rural Type 1L zone) to "OS-1" (the Open Space 1 Exception zone) be read a first, second, third time, passed, signed and the corporate seal attached thereto.

(Ref. Pellegrino - Roll No. 012-04810) CARRIED

Zoning By-law 2013-06, By-law 2013-07, Execute Severance Agreement, Lands of Darrell, Drag Lake, Township of Dudley.

Council reviewed By-law 2013-06 which is a By-law to amend Zoning By-law 2005-120 and By-law 2013-07 which is a By-law to execute a Severance Agreement for the lands of Darrell in the Township of Dudley.

Motion No. 13-31 Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that a By-law 2013-06, being a by-law to change the zone on Lot 4, Concession 6, in the geographic Township of Dudley from "RU1L" (the Rural Type 1L zone) and "EP" (the Environmental Protection zone) to "WR6L" (the Waterfront Residential Type 6L zone) and "EP" (the Environmental Protection zone) be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Darrell - Roll No. 020-84700) CARRIED

Motion No. 13-32 Moved by: Councillor Dennis Casey Seconded by: Councillor Andrea Roberts Be it resolved that a By-law 2013-07, being a by-law to authorize the Reeve and Clerk to execute a severance agreement with James and Nina Darrell with respect to their property in Lot 4, Concession 6, in the geographic Township of Dudley be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Darrell - Roll No. 020-84700) CARRIED

Request to Amend Site Development Plan, Lands of Smith, Wenona Lake, Township of Dudley.

Council reviewed the staff report regarding a request to amend the Site Development Plan for the lands of Smith in the Township of Dudley. Greg Bishop, agent for the applicant, was in attendance for the discussion.

Motion No. 13-33 Moved by: Councillor Dennis Casey Seconded by: Councillor Andrea Roberts Be it resolved that Council approves the revised site development plan for Parts 1, 2 and 3, Plan 19R-9294 (prepared by Greg Bishop OLS and dated January 17th, 2013), subject to the owner contracting with an Ontario Land Surveyor to stake the proposed footprint of the building, prior to construction, to ensure compliance with the applicable zone provisions. The owner is hereby advised that should the required replanting of trees not be completed, as directed by the letter of Michael Michalski, dated October 11th, 2012, the County Tree Cutting By-law Officer will be advised.

(Ref. Smith - Roll No. 020-15910) CARRIED

By-law 2013-08, Execute Severance Agreement, Lands of Larue, College Drive, Township of Dysart.

Council reviewed By-law 2013-08 which is a By-law authorizing the execution of a Severance Agreement for the lands of Larue in the Township of Dysart.

Motion No. 13-34 Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that By-law 2013-08, being a by-law to authorize the Reeve and Clerk to execute a severance agreement with Scott Larue with respect to his lands in Part Lot 13, Concession 9, in the geographic Township of Dysart be read a first, second and third time passed, signed and the Corporate Seal attached thereto.

(Ref. Larue - Roll No. 012-74250) CARRIED

By-law 2013-09, Close and Convey SRA, Adjacent to the Lands of Harcourt Park Inc. (Tenant: Reimann et al), Straggle Lake, Township of Harcourt.

Council reviewed By-law 2013-09 which is a By-law to close and convey the shore road allowance adjacent to the lands of Harcourt Park Inc. in the Township of Harcourt.

Motion No. 13-35 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that By-law 2013-09, which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 12, Concession 5, in the geographic Township of Harcourt, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Harcourt Park Inc. Tenant- Reimann & Cunningham-Reimann - Roll No. - 030-37400-0060) CARRIED

By-law 2013-10, Close and Convey SRA, Adjacent to the Lands of Vinet, Long Lake, Township of Dudley.

Council reviewed By-law 2013-10, which is a By-law to close and convey the shore road allowance adjacent to the lands of Vinet in the Township of Dudley.

Motion No. 13-36 Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law 2013-10, which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 8, Concession 4, in the geographic Township of Dudley, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Vinet - Roll No. 020-74600) CARRIED

By-law 2013-11, Close and Convey SRA, By-law 2013-12, Deeming By-law, Adjacent to the Lands of Fincham, Kennisis Lake, Township of Havelock.

Council reviewed By-law 2013-11, which is a By-law to close and convey the shore road allowance and By-law 2013-12 which is a Deeming By-law adjacent to the lands of Fincham in the Township of Havelock.

Motion No. 13-37 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law 2013-11, which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 18, Concession 3, in the geographic Township of Havelock, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Fincham - Roll No. 060-54800) CARRIED

Motion No. 13-38 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that By-law 2013-12, which is a by-law to deem Lot 31, Registered Plan 402, in the Township of Havelock 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 31, Registered Plan No. 402 to merge with the road allowance which has been closed and conveyed pursuant to By-law 2013-11.

(Ref. Fincham - Roll No. 060-54800) CARRIED

By-law 2013-13, Close and Convey SRA, By-law 2013-14, Deeming By-law, Adjacent to the Lands of Head, Kennisis Lake, Township of Havelock.

Council reviewed By-law 2013-13 which is a By-law to close and convey the shore road allowance and By-law 2013-14 which is a Deeming By-law adjacent to the lands of Head in the Township of Havelock.

Motion No. 13-39 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law 2013-13, which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 18, Concession 3, in the geographic Township of Havelock, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto.

(Ref. Head - Roll No. 060-54900) CARRIED

Motion No. 13-40 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law 2013-14, which is a by-law to deem Lot 32, Registered Plan 402, in the Township of Havelock 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 32, Registered Plan No. 402 to merge with the road allowance which has been closed and conveyed pursuant to By-law 2013-13. CARRIED

Draft SRA By-law, Adjacent to the Lands of Howe, Kennisis Lake, Township of Havelock.

Council reviewed the staff report regarding the draft By-law to close and convey a portion of the shore road allowance adjacent to the lands of Howe in the Township of Havelock. This By-law is to be deferred until staff receives a deposited plan of survey from the surveyor. Draft SRA, By-law, Adjacent to the Lands of Dekort et al, Kennisis Lake, Township of Havelock.

Council reviewed the staff report regarding the draft By-law to close and convey a portion of the shore road allowance adjacent to the lands of Dekort in the Township of Havelock. This By-law is to be deferred until staff receives a deposited plan of survey from the surveyor.

Application to Purchase SRA, Adjacent to the Lands of Saunders, Kennisis Lake, Township of Havelock.

Council reviewed the staff report regarding an application to purchase the shore road allowance adjacent to the lands of Saunders in the Township of Havelock.

Motion No. 13-41 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council approves for processing an application by Robert and Vivian Saunders to purchase a portion of the shore road allowance along the shore of Kennisis Lake in front of their property in Lots 11 and 12, Concession 3, in the geographic Township of Havelock. These lands are declared surplus.

(Ref. Saunders - Roll No. 060-48900) CARRIED

Application for Subdivision Approval 46T-12-003, Lands of 776999 Ontario Inc., Ridgeview Road, Township of Dysart.

Council reviewed the staff report regarding an application for Subdivision Approval for the lands of 776999 Ontario Inc. in the Township of Dysart. The owners propose to subdivide their holding into seven lots for rural residential purposes.

Motion No. 13-42 Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council recommends approval of draft plan of subdivision 46T-12003, subject to the comments received through the public review process and the following conditions:

1. Subject to a zoning by-law amendment to recognize the proposed rural residential lots.

2. Subject to a site development plan, which is consistent with the approved storm water management report and shows the proper development of the lots including all storm water drainage, the proposed road, the location of the driveways, building envelopes, well envelopes, septic system envelopes, and final site grading. The plan is to include appropriate construction mitigation measures.

3. Subject to an approved storm water management report to accommodate the proposed development. This report is to be prepared by a qualified consultant and prepared in compliance with accepted engineering standards.

4. Subject to an approved servicing options report which addresses the Provincial Policy requirements for servicing and justifies the chosen servicing option. The report is to include among other matters, a nitrate loading impact assessment.

5. Subject to an approved hydrogeology report, prepared in compliance with accepted engineering standards, to demonstrate that the proposed subdivision can be serviced with private services and without impacting surrounding uses.

6. The developer is to convey to the Municipality for road purposes, the five foot strip of land at the end of Ridgeview Road. All costs associated with the conveyance will be the responsibility of the owner. The owner's solicitor will certify that the lands are free of encumbrance at the time of the conveyance.

7. The Developer is to enter into an agreement pursuant to Section 51(26) of the Planning Act for the subdivision lots to address all planning matters, including but not limited to the recommendations of the various background reports; the requirement for construction of the proposed access road to municipal standards; and security to ensure due compliance with the terms of the agreement.

8. Subject to 5% parkland dedication or cash in lieu in accordance with Municipal Policy 21 ($500.00 per subdivision lot less than 5 acres and $1000.00 per subdivision lot greater than or equal to 5 acres or $4500.00). The Municipality recognizes and accepts the past payment of $3500.00 with respect to Files H-146/03 to H-151/03 as partial fulfillment of this condition.

9. OLS to confirm in writing that the subdivision lots comply to the applicable lot frontage and area requirements as defined by Sections 2.75 and 2.78 of By-law 2005-120, as amended.

10. Registered owner to pay any outstanding taxes.

11. Prior to the final approval of the plan, the County of Haliburton will request, in writing, a clearance letter from the Municipality to the County of Haliburton, confirming that conditions 1 through 10 inclusive have been fulfilled.

(Ref. 776999 Ontario Inc., - Roll No. 011-21001) CARRIED

H-075/12 Lands of Market Motion Inc., Lipsy Lake, Township of Guilford.

Council reviewed the staff report regarding Application for Consent H-075/12 for the lands of Market Motion Inc. in the Township of Guilford. The owners would like to grant an easement to Bell Canada for utility purposes. Council agreed to support the application subject to the conditions listed in the staff report.

Motion No. 13-43 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council recommends approval of application for consent H-075/12 subject to the following standard conditions and the comments received through the public review process:

1. For easement purposes only.

(Ref. Market Motion Inc. - Roll No. 041-71812) CARRIED

H-076/12 Lands of 1604505 Ontario Limited, Lipsy Lake, Township of Guilford.

Council reviewed the staff report regarding Application for Consent H-076/12 for the lands of 1604505 Ontario Limited in the Township of Guilford. The owners would like to grant an easement to Bell Canada for utility purposes. Council agreed to support the application subject to the conditions listed in the staff report.

Motion No. 13-44 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council recommend approval of application for consent H-076/12 subject to the following standard conditions and the comments received through the public review process:

1. For easement purposes only. (Ref. 1604505 Ontario Ltd. - Roll No. 041-71800) CARRIED

H-077/12 Lands of Silverstein, Lipsy Lake, Township of Guilford.

Council reviewed the staff report regarding Application for Consent H-077/12 for the lands of Silverstein in the Township of Guilford. The owner would like to grant an easement to Bell Canada for utility purposes. Council agreed to support the application subject to the conditions listed in the staff report.

Motion No. 13-45 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council recommends approval of application for consent H-077/12 subject to the following standard conditions and the comments received through the public review process:

1. For easement purposes only.

(Ref. Silverstein - Roll No. 041-72120) CARRIED

H-078/12 Lands of Ferracuti and Gammon, Lipsy Lake, Township of Guilford.

Council reviewed the staff report regarding Application for Consent H-078/12 for the lands of Ferracuti and Gammon in the Township of Guilford. The owners would like to grant an easement to Bell Canada for utility purposes. Council agreed to support the application subject to the conditions listed in the staff report.

Motion No. 13-46 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council recommends approval of application for consent H-078/12 subject to the following standard conditions and the comments received through the public review process:

1. For easement purposes only.

(Ref. Ferracuti & Gammon - Roll No. 041-72140) CARRIED

H-079/12 Lands of Harburn Holdings Ltd. and Black Bass Properties Inc., Lipsy Lake, Township of Guilford.

Council reviewed the staff report regarding Application for Consent H-079/12 for the lands of Harburn Holdings Ltd. and Black Bass Properties Inc. in the Township of Guilford. The owners would like to grant an easement to Bell Canada for utility purposes. Council agreed to support the application subject to the conditions listed in the staff report.

Motion No. 13-47 Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council recommends approval of application for consent H-079/12 subject to the following standard conditions and the comments received through the public review process:

1. For easement purposes only.

(Ref. Harburn Holdings Ltd. & Black Bass Properties - Roll No. 041-72130) CARRIED

H-005/13, Lands of Holden, Kashagawigamog Lake, Township of Dysart.

Council reviewed the staff report regarding Application for Consent H-005/13 for the lands of Holden in the Township of Dysart. The owners own two adjoining lots that are accessed by a right of way (Caterpillar Court). They intend to sell the westerly lot and wish to grant a right of way to that lot to ensure access. Council agreed to support the application subject to the conditions listed in the staff report.

Motion No. 13-48 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council recommends approval of application for consent H-005/13 subject to the following standard conditions and the comments received through the public review process:

1. For easement purposes only to the lands of Holden (Roll No. 46-24-060- 000-01300-0000).

(Ref. Holden - Roll No. 011-63800) CARRIED

Proposals:

Severance Proposal, Lands of Harcourt Timber Holdings, Grace Lake, Township of Harcourt.

Council reviewed the staff report regarding a severance proposal for the lands of Harcourt Timber Holdings in the Township of Harcourt. Greg Bishop, agent for the applicant, was in attendance for the discussion. The owner wishes to abandon a municipal road allowance and create a private right of way to service the lots in Plan 576 on Grace Lake. Council agreed to support the general principle of the proposal subject to the conditions listed in the staff report.

Information, Correspondence and Other Business:

Proposed Road to Harcourt Park, Lands of Harcourt Timber Holdings, Severance Applications H-064/12 and H-065/12, County Road 10, Township of Dudley.

Council reviewed the staff report for the lands of Harcourt Timber Holdings, in the Township of Dudley, regarding the proposed road to Harcourt Park. Greg Bishop, agent for the applicant, was in attendance for the discussion. It was noted that the County Roads Department does not support the proposed entrance to the road. Mr. Bishop will continue his discussions with County staff.

Use of Original Allowance for Road, Adjacent to the Lands of Russell and Fraser et al, County Road 14, Eagle Lake, Township of Guilford.

Council reviewed the staff report regarding the use of the original road allowance adjacent to the lands of Russell and Fraser et al in the Township of Guilford. Greg Bishop, agent for Mr. Russell, was in attendance for the discussion. Mr. Bishop will continue his discussions with the neighbor for alternate access.

Conveyance of Right of Way, Plan 367, Adjacent to the Lands of MacIver et al, Kennisis Lake, Township of Havelock.

Council reviewed the staff report regarding the conveyance of a right of way, from the Office of the Public Guardian and Trustee, for addition to the lands of MacIver et al in the Township of Havelock. Council agreed to assist the residents and act as intermediary with the agency. All costs associated with the transaction will be the responsibility of Mr. MacIvar and his neighbours.

Planning Fees.

Council reviewed the staff report regarding increasing the Planning Fees for Minor Variance Applications. Council supported the recommendation to increase the fees to $750.00 per application. A By-law will be presented at the February 25th Council meeting. Update: Watercolours OMB Hearing.

Pat Martin provided Council with an update regarding the Watercolours Ontario Municipal Board Hearing that took place on January 7, 2013. A verbal ruling indicated that the Board supports four amendments to By-law 2008-63.

Meetings: Public Meeting: March 4th, 2013 at 5:00 p.m.

CONFIRMING BY-LAW

Motion No. 13-49 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that By-law No. 2013-16, being a By-law to confirm the proceedings of the Regular Council meeting held on January 28, 2013, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED

ADJOURNMENT Motion No. 13-50 Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that Council adjourn its Regular Council Meeting held on January 28, 2013 at 3:00 p.m. CARRIED

Certified Correct

Reeve Clerk