The Highlands East Record

Regular Meeting of Council

August 9, 2022

Who was there

Present (3): Dave Burton, Cam McKenzie, Cecil Ryall

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (41 motions)

41 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda for the Regular Meeting of Council of August 9, 2022 be approved as circulated.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That Council for the Municipality of Highlands East approves the Minutes of the Regular Council Meeting of July 12, 2022.
Moved by Councillor Cam McKenzie, seconded by Councillor Ruth Strong
Carried
That Members of Council for the Municipality of Highlands East receive the presentation by Baker Tilley, Auditor for the Municipality and; That Council approves the Corporation of the Municipality of Highlands East's 2021 Financial Statements and authorizes the Mayor and CAO/Treasurer to sign the Management's Responsibility for the Consolidated Financial Statements.
Moved by Councillor Suzanne Partridge, seconded by Councillor Cam McKenzie
Carried
That the Council for Highlands East receive the presentation by JL Richards, the consultants regarding Short Term Rental Accommodation Review for the County of Haliburton at this August 9, 2022 Regular Meeting of Council.
Moved by Deputy Mayor Cecil Ryall, seconded by Councillor Ruth Strong
Carried
That Council receives the monthly progress report for the Septic Maintenance Program as information only, as submitted by the Septic Inspector.
Moved by Councillor Ruth Strong, seconded by Deputy Mayor Cecil Ryall
Carried
That Council accepts this "Monthly Operations Report" as information only as submitted by the Fire Chief.
Moved by Councillor Suzanne Partridge, seconded by Councillor Cam McKenzie
Carried
That Council receives the Property and Facilities Monthly Operations Report, as submitted by the Property Supervisor as information only.
Moved by Councillor Cam McKenzie, seconded by Deputy Mayor Cecil Ryall
Carried
That Council receive the Environmental Department Monthly Report as submitted by the Deputy CAO/Treasurer as information only.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That Council receive the Monthly Public Works Report for information as prepared by the Public Works Manager.
Moved by Councillor Ruth Strong, seconded by Councillor Cam McKenzie
Carried
That council receives the July 2022 Economic Development Report as information only.
Moved by Councillor Ruth Strong, seconded by Councillor Cam McKenzie
Carried
That Council receives the August 9, 2022 Administration Monthly Report as submitted by the CAO/Treasurer.
Moved by Councillor Ruth Strong, seconded by Councillor Suzanne Partridge
Carried
That Council receives the report Recruitment of a Joint Integrity Commissioner from the Municipal Clerk as information and; That Council gives approval for staff to work with all local municipalities within the County who wish to collaborate on the recruitment of an Integrity Commissioner and; That approval be given for staff to invite expressions of interest for these services, interview prospective service providers and prepare a recommendation for all participating Councils.
Moved by Councillor Suzanne Partridge, seconded by Deputy Mayor Cecil Ryall
Carried
That the General Accounts for the month of July, 2022 in the amount of $1,180,071.73 be approved.
Moved by Councillor Ruth Strong, seconded by Councillor Suzanne Partridge
Carried
That Council receives the Planning Department Update - July 2022 as prepared by the Junior Planner as information.
Moved by Councillor Cam McKenzie, seconded by Councillor Suzanne Partridge
Carried
That Council receives this report and accepts the recommendation in this report to approve the by-law to Stop Up, Close and Convey the original shore road allowance at this meeting for; Applicant: Vance, Harold and Lynn Part of the Original Shore Road Allowance in front of Lot 16, Concession 5, Geographic Township of Glamorgan, Contau Lake, 1016 Edith Crescent, Roll # 4601 901 000 62101
Moved by Councillor Ruth Strong, seconded by Councillor Suzanne Partridge
Carried
That Council receives this report and accepts the recommendation in this report to declare surplus and approve the by-law to Stop Up, Close and Convey the original shore road allowance at this meeting for; Applicant: Akbari, Mahmood, and Sadiqai, Zara Part of the Original Shore Road Allowance in front of Lot 25, Concession 3, Geographic Township of Glamorgan, Tamarack Lake, 1139 Peddleboat Bay Lane, Roll # 46 01 901 000 28500
Moved by Deputy Mayor Cecil Ryall, seconded by Councillor Ruth Strong
Carried
That Council directs that: Option 1: Part 5 as illustrated on the draft plan of survey by Van Harten Surveying Inc. as prepared by Jamie Laws, O.L.S., shall be rendered surplus and directs staff and Bishop and Rogers to process the current application for Roll 901-000-60410 in accordance with the Shoreline Road Allowance Policy. Further, Council directs staff to advise the applicant and Bishop and Rogers that an agreement shall be registered with the sale to require the maintenance of the island in a naturalized state as a condition of conveyance.
Moved by Councillor Suzanne Partridge, seconded by Deputy Mayor Cecil Ryall
Carried
That Council receives this report, "Permission to Complete Shoreline Erosion Control Works - Quinn and Stoughton" as information from the Junior Planner; And Council further consents to permit Arlene Quinn and Jason Stoughton complete the shoreline erosion control works on the municipally owned shoreline road allowance in front of their property at 1137 Tumbledown Rock Road under the following conditions: That the landowners enter into a short-term encroachment agreement with the Municipality guaranteeing that the scope of shoreline work will be limited to the erosion control measures outlined in their permit; That the landowners acknowledge and recognize that no structures shall be erected on the municipal shore road allowance; That the landowners provide $5,000,000.00 in comprehensive liability insurance naming the Municipality harmless against claims for personal or bodily injury, death or property damage suffered by others arising in connection with the use of the unopened municipal road allowance for the duration of the agreement and work to be completed. Further, Council directs the Chief Administrative Officer to execute this agreement on behalf of the Municipality.
Moved by Deputy Mayor Cecil Ryall, seconded by Councillor Ruth Strong
Carried
That Council receives the report, "Request for Encroachment Agreement - Lands of Minnie" as information and further Council approves Option 1, being; Option 1: That Council directs that they support the application in principle, subject to the following conditions: That staff reach out to Faraday Township to coordinate the development of a mutually acceptable agreement to be entered into by both municipalities and the applicant; A notice of the use of the road allowance be circulated to adjacent neighbours; A plan of survey showing the portion of road allowance to be used be prepared and provided to both municipalities; The applicant provide proof of insurance, both comprehensive liability for the use of the road allowance and appropriate liability insurance for contractors completing work; An agreement be brought forward for review and direction for both the Councils of the Municipality of Highlands East and Township of Faraday. The agreement will include: acknowledgement that the applicant shall not have exclusive use of the road allowance; requirements for the maintenance of appropriate signage; indemnification of both municipalities against liability or claims arising from the construction on or use of the road allowance; insurance requirements; maintenance requirements; responsibilities with regard to the MTO permit; as well as any other conditions deemed prudent by the solicitor acting for the municipalities. All of the above are at the expense of the applicant.
Moved by Councillor Suzanne Partridge, seconded by Councillor Cam McKenzie
Carried
That Council receives this report "Permission to Install Retaining Wall - South Wilberforce Road - Mike and Amy Toye" as information; And further that Council supports the proposal in principle and the following conditions as provided: A plan of survey showing the boundary between the applicant's property and the road allowance together with the location of the travelled road is provided to the Municipality; If the retaining wall and steps would constitute an encroachment into the road allowance, the applicants shall make an application for and enter into an encroachment agreement with the Municipality prior to undertaking any work. The agreement will address matters such as ongoing maintenance and liability as well as the retention of natural vegetation within the shoreline area. If the retaining wall and steps will not constitute an encroachment, the applicants shall contact the public works department prior to the commencement of work to ensure that any additional requirements for work along the municipal right of way are met. Any tree removals within 30 m of the high water mark of Wilbermere Lake will comply with the County of Haliburton's Shoreline Tree Preservation Bylaw.
Moved by Councillor Ruth Strong, seconded by Deputy Mayor Cecil Ryall
Carried
That Council receives this report as information; That Council agrees with the Municipal Planner's recommendation that the application for Lahnalampi be declared complete to allow the scheduling of a public meeting.
Moved by Councillor Ruth Strong, seconded by Councillor Suzanne Partridge
Carried
That Council receives this report as information; That Council agrees with the Municipal Planner's recommendation that the application for Conway be declared complete to allow the scheduling of a public meeting.
Moved by Deputy Mayor Cecil Ryall, seconded by Councillor Cam McKenzie
Carried
That Council receives this report as information; And further that Council directs that the application for Spence and MacPherson not be considered complete until such time that the conditions as stated below are complete: The planner has conducted a site visit; The applicant has submitted a floor plan drawn to scale of the existing boathouse/guest cabin and confirms whether the structure has internal plumbing and/or is connected to the septic system; The Building Department provides confirmation if the sauna/outdoor shower could be the subject of a retroactive building permit and also confirms if a supplemental approval or permit would be required for the disposal of wastewater from outdoor shower; and, The Building Department confirms if the existing septic system is appropriate for the boathouse/guest cabin if it is to be legalized as a guest cabin as well as the proposed expansion to the dwelling. Once the above-noted items have been provided to planning staff, a notice of complete application and public meeting may be issued.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That Council receives the report "Telecommunications Tower / Antenna Siting Protocol" from the Junior Planner as information; And refers the attached draft policy and bylaw to the Bylaws section of the agenda for passage.
Moved by Councillor Suzanne Partridge, seconded by Deputy Mayor Cecil Ryall
Carried
That Council come out of the Regular Meeting of Council for the scheduled Public Planning Meeting and it be declared open to discuss the following bylaw amendments made under Section 34 of the Planning Act, R.S.O 1990, cp 13 as amended pertaining to Applicants: Davidson, Willis and Kostiv
Moved by Councillor Cam McKenzie, seconded by Deputy Mayor Cecil Ryall
Carried
That Council adjourn the Public Planning Meeting at 10:41 AM and; That Council reconvene to the Regular Meeting of Council.
Moved by Councillor Cam McKenzie, seconded by Councillor Ruth Strong
Carried
That Council brings forward draft bylaws for RZ-16-2022 (Willis) and RZ-17-2022 (Kostiv) for passage at today's meeting, and that a bylaw for RZ-34-2022 (Davidson) be brought forward once the applicants have relocated the shoreline structure labeled as a 'bunkie' to a compliant location the lot and received a change of use permit for it to be recognized as a storage structure only.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That the Council for the Municipality of Highlands East received communication from the Township of Perry who supports the Town of Aurora's resolution regarding Keira's Law, Bill C-233 as amended and ratified as follows: That the Municipality of Highlands East supports Bill C-233, Keira's Law and; That Council directs staff to provide this resolution of support to the Prime Minister, Minister of Families, Children and Social Development, MPP Laurie Scott and MP Jamie Schmale and the Township of Perry.
Moved by Deputy Mayor Cecil Ryall, seconded by Councillor Suzanne Partridge
Carried
That the Council for the Municipality of Highlands East received communication from the Town of South Bruce Peninsula regarding their letter and resolution pertaining to physician shortages in Ontario as amended and ratified as follows: That the Council for the Municipality of Highlands East supports the Town of South Bruce Peninsula and; Further That Highlands East requests that the Province of Ontario and Government of Canada recognizes that the shortage in health care workers is not unique to Personal Support Workers but is also relevant to physicians including specialists and general practitioners; That in order to support Ontario municipalities and their residents, the Provincial and Federal Governments take steps to provide support and subsidy to students entering medical school with the intention of becoming practicing physicians in the Province of Ontario and particularly in underserviced rural and northern municipalities; That the Provincial and Federal Governments work with Canadian universities to increase the number of students accepted into medical school and residency programs; And That Highlands East supports whatever protective measures the Provincial and Federal Governments place on the subsidy given to ensure that the students receiving the funding become practicing physicians in the Province of Ontario.
Moved by Deputy Mayor Cecil Ryall, seconded by Councillor Cam McKenzie
Carried
That Council receives and files the resolutions from other municipalities/levels of government from the Regular Meeting of Council, August 9, 2022.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That Council receives and files the correspondence of the August 9, 2022 Regular Meeting of Council.
Moved by Councillor Ruth Strong, seconded by Deputy Mayor Cecil Ryall
Carried
That By-law # 2022-82, being a by-law for the purchase of Shoreline Road Allowance - Akbari at the August 9, 2022 meeting be enacted, approved and signed with the corporate seal attached.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That By-law # 2022-83, being a by-law for the purchase of Shoreline Road Allowance - Vance at the August 9, 2022 meeting be enacted, approved and signed with the corporate seal attached.
Moved by Councillor Suzanne Partridge, seconded by Deputy Mayor Cecil Ryall
Carried
That By-law #2022-84, being a by-law for the Rezoning of lands for Willis at the August 9, 2022 Regular Meeting of Council be enacted, approved and signed with the corporate seal attached.
Moved by Councillor Ruth Strong, seconded by Councillor Cam McKenzie
Carried
That By-law #2022-85, being a by-law for the Rezoning of lands for Kostiv at the August 9, 2022 Regular Meeting of Council be enacted, approved and signed with the corporate seal attached.
Moved by Councillor Ruth Strong, seconded by Councillor Cam McKenzie
Carried
That By-law # 2022-86, being a Telecommunications Tower / Antenna Siting Protocol By-law with Policy at the August 9, 2022 Regular Meeting of Council be enacted, approved and signed with the corporate seal attached.
Moved by Councillor Cam McKenzie, seconded by Deputy Mayor Cecil Ryall
Carried
That Council moves out of the Regular Meeting into the Closed Meeting in order to discuss a matter pertaining to 239: (c) a proposed or pending acquisition or disposition of land by the municipality or local board and; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;  Stoughton Estate
Moved by Councillor Cam McKenzie, seconded by Councillor Ruth Strong
Carried
That Council rise from the Closed Meeting and direct staff and officials to act as directed and reconvene to the Regular Meeting of Council.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That Council receive this report, Stoughton Estate as information; And that Council direct staff to notify Stoughton's that the Municipality will not be taking title to the described lands of the Estate of Clifford Stoughton from the opinion provided by the municipal insurance provider and the public works department.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That By-law #2022-87 , being a by-law to confirm the proceedings of Council at its Meeting of August 9, 2022 be enacted, approved, and signed with the corporate seal attached.
Moved by Councillor Suzanne Partridge, seconded by Councillor Ruth Strong
Carried
That the Regular Meeting of Council for August 9, 2022 be adjourned at 1:07 PM.
Moved by Councillor Cam McKenzie, seconded by Deputy Mayor Cecil Ryall
Carried

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