Regular Meeting of Council

That the agenda for the Regular Meeting of Council of September 13, 2022 be approved as circulated.

That Council for the Municipality of Highlands East approves the Minutes of the Regular Council Meeting of August 9, 2022.

That the September 13, 2022 staff report regarding the Shoreline Preservation By-law 4123 be received for information by Highlands East Municipal Council and; That Highlands East Municipal Council direct its staff to draft a by-law for its consideration at an upcoming Council Meeting wherein delegation of its authority to implement and enforce the Shoreline Preservation By-law 4123 will be given to the County of Haliburton as per Section 142 of the Municipal Act.

That Council receives the Building Department - Monthly Operations Report- as submitted by the Chief Building Official as information only.

That Council receives the September 13 Staff Report - High Risk Septic Protocol prepared by the CAO/Treasurer as information.

That Council receives the Surplus Building Department Vehicle-2012 GMC Terrain report by the Deputy CAO/Treasurer as information and; Further that Council declares the 2012 GMC Terrain vehicle as surplus to be disposed of.

That Council receives the Septic Maintenance Program- Summer 2022 report as information only, as submitted by the Septic Inspector.

That Council receives the monthly operations report for the By-Law Department as submitted by the By-Law Officer

That Council direct staff to contact the MNRF for to schedule a meeting regarding the areas of land being camped on through complaints.

That Council accepts this "Monthly Operations" report as information only, as submitted by the Fire Chief.

That Council receives the Property and Facilities Monthly Report, as submitted by the Property Supervisor as information only.

That Council receive the Environmental Department Monthly Report as submitted by the Deputy CAO/Treasurer.

That Council receive the Monthly Public Works Report for information as prepared by the Public Works Manager.

That Council receive the Circular Economy Month and Waste Reduction Week 2022 report for informational purposes and; Further that Council declare October 1-31, 2022 as Circular Economy Month in Highlands East and; Further that Council declare October 17-23, 2022 Waste Reduction Week in Highlands East.

That Council receive the Blue Box Transition report for informational purposes regarding the new Ontario Regulation 391/21 Blue Box Transition.

That Council receive the Herlihey Park report for informational purposes.

That Council receives the August 2022 Economic Development Report as information only.

That council receive the report IB&O Trail Bridge-Farr Road as prepared by the Community Economic Development & Committee Coordinator and further that Council chooses Option 2, being: Option 2: Close the IB&O Trail Bridge south of Farr Road to all traffic and to seek quotes to have the bridge replaced to include these costs in the 2023 budget.

That the General Accounts for the month of August, 2022 in the amount of $492,531.45 be approved.

That Council receives the Administration Monthly Report- August 2022 as submitted by the Deputy CAO/Treasurer.

That Council receive the Federal Electoral Redistribution Report as submitted by the Deputy CAO/Treasurer and; Further that Council for the Municipality of Highlands East requests that the electoral boundaries commission for the federal redistribution process reconsider their proposed changes to the Haliburton-Kawartha Lakes-Brock district and; Further that a letter be sent to the commission outlining the Municipality's position on the proposed changes and; Further that a copy of this resolution be forwarded to the County of Haliburton and the lower tier municipalities within the County requesting a letter of support on our behalf.

That Council received the Administration Staff Report - OMERS Update prepared by the CAO/Treasurer for information.

That Council approve the appointment of Caitlin Kooger to the Joint Compliance Audit Committee for the 2022-2026 term of Council and; That the by-law with Terms of Reference be approved at the September 13, 2022 Regular Meeting of Council.

That Council receive the report Delegation of Authority - Highlands East Integrity Commissioner as provided by the Municipal Clerk and; That Council receive and accept the notice of retirement from the Integrity Commissioner, Harold Elston and; That Council accept Harold Elston's recommendation to delegate his authority until December 31, 2022, as per Section 223.3(3) of the Municipal Act, 2001, as amended, to the law firm of Aird & Berlis LLP.

That Council receives the Planning Department Update - August 2022 as prepared by the Junior Planner as information.

That Council receives this report as information; That this application for Mensink be declared complete and a public meeting be scheduled in accordance with the requirements of the Planning Act.

That Council receives this report as information and; Further That Council directs that the application not be considered complete until such time that: 1. The applicant provided a revised plan of survey illustrating the location of the new sauna/outdoor shower accessory building as well as the new dock; 2. That consultation occur with the Building Department to confirm if a building permit application for the sauna structure is required and if so, that the requisite application be submitted to the Building Department and confirmed to be complete; 3. That the Building Department confirms that the existing septic system is appropriate to accommodate both the existing dwelling and the new sauna/outdoor shower accessory building. Once the above-noted items have been provided to planning staff, a notice of complete application and public meeting may be issued.

That Council receives this report as information; That this application for MacArthur be declared complete and a public meeting be scheduled in accordance with the requirements of the Planning Act.

That Council approves in principle an application to close and purchase the shoreline road allowance from D'Aigle, Edwards and Aquila and directs staff to forward the application to Bishop and Rogers for processing; That the shoreline road allowance shall not be rendered surplus until an updated plan of survey showing all of the shoreline structures and other structures on the lot is provided and reviewed by Planning and Building staff; Furthermore, that the final closure and conveyance of this portion of shoreline road allowance shall not be completed until the landowners: 1. Have removed the unpermitted shoreline shed and deck or brought them into compliance with the Zoning Bylaw and Ontario Building Code; 2. Resolved any outstanding building or planning issues to the satisfaction of Building and Planning Departmental staff.

That Council approves in principle an application to close and purchase the shoreline road allowance from Wendy and Bryan McNalley and directs staff to forward the application to Bishop and Rogers for processing; That Council declares the portion of dry land shoreline road allowance in front of 1110 Burnt Point Trail surplus; Furthermore, that the final closure and conveyance of this portion of shoreline road allowance shall not be completed until the landowners have: 1. Provided proof to the Building Department that there is a functioning and safe septic system on the site, or that if the intent is to replace the existing system, a building permit is issued for the replacement; 2. The unpermitted shoreline shed and outdoor shower are removed or brought into compliance with the Zoning Bylaw and Ontario Building Code; 3. Resolved any outstanding building or planning issues to the satisfaction of Building and Planning Departmental staff.

That Council approves in principle an application to close and purchase the shoreline road allowance from Jennifer and Marty Venalainen and directs staff to forward the application to Bishop and Rogers for processing; That Council declares the portion of dry land shoreline road allowance in front of 1045 Carter Lane surplus; Furthermore, that the final closure and conveyance of this portion of shoreline road allowance shall not be completed until the landowners: 1. Have removed the unpermitted shoreline shed and deck or brought them into compliance with the Zoning Bylaw and Ontario Building Code; 3. Resolved any outstanding building or planning issues to the satisfaction of Building and Planning Departmental staff.

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: Monem, Alexander and Luken, Paula Part of the Original Shore Road Allowance in front of Lot 32, Concession 11, Geographic Township of Glamorgan, Glamor Lake, 1476 Alsop Road, Roll # 46 01 902 000 67600

That Council receives this report, "Request to Purchase Unopened Road Allowance Between Highlands East and Minden Hills - Brenda Reid" as submitted by the Junior Planner as information and; That Council defer and request further information from Ms. Reid regarding this matter, as amended.

That Council receives the report, "Request for Encroachment Agreement - Lands of Parsons" as information; and Further that Council chooses Option 1, being: Option 1: Council directs they support the application in principle, subject to the following conditions: 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 the municipality; The applicant provide proof of insurance, both comprehensive liability for the use of the road allowance and appropriate liability insurance for contractors completing work; The applicant apply for and receive an entrance permit from the Municipality of Highlands East; An agreement be brought forward for review and direction by Council. 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 the Municipality against liability or claims arising from the construction on or use of the road allowance; insurance requirements; maintenance requirements; as well as any other conditions deemed prudent by the solicitor acting for the municipality. All of the above are at the expense of the applicant, as amended.

That Council receives the report "Extension of Construction Agreement - Gubbels - 1395 Ferguson Road" as submitted by the Junior Planner for information and; That Council chooses Option 1 as provided by the Junior Planner, being: Option 1: Council agrees to a short term extension to this agreement until November 30, 2022 and a bylaw with the revised agreement shall be brought forward for passage at this meeting; And that Council directs that no further extensions will be considered, as amended.

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: Mansz, Conway and Lahnalampi

That Council adjourn the Public Planning Meeting at 11:05 AM and; That Council reconvene to the Regular Meeting of Council.

That bylaws be brought forward for files RZ-19-2022 (Lahnalampi) and RZ-20-2022 (Conway) for passage at today's meeting. And further that a bylaw be brought forward at a future meeting for file RZ-15-2022 (Mansz) once staff have reviewed all input from the public and Council from the public meeting.

That Council receive and files the correspondence of the September 13, 2022 Regular Meeting of Council.

That By-law #2022-88, being a by-law for the purchase of Shoreline Road Allowance - Monem and Luken at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached.

That By-law # 2022-89, being a by-law for the purchase of Shoreline Road Allowance - Conway at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached.

That By-law # 2022-90, being a by-law for the purchase of Shoreline Road Allowance - Lahnalampi at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached.

That By-law # 2022-91 being a by-law for the appointment of the Joint Compliance Audit Committee and the Terms of Reference at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached.

That By-law # 2022-92, being a by-law for the appointment of the Chief Building Official for the Municipality of Highlands East at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached.

That By-law # 2022-93 being a by-law for the appointment of the By-law Enforcement Officer for the Municipality of Highlands East at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached.

That By-law # 2022-94, being a by-law to authorize the extension period for the Construction Agreement between the Municipality of Highlands East with Caitlin and Michael Gubbels at the September 13, 2022 meeting be enacted, approved and signed with the corporate seal attached, as amended.

That Council moves out of the Regular Meeting into the Closed Meeting in order to discuss a matter pertaining to 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;  IB&O Rail Trail

That Council rise from the Closed Meeting and direct staff and officials to act as directed and reconvene to the Regular Meeting of Council.

That By-law #2022-95 , being a by-law to confirm the proceedings of Council at its Meeting of September 13, 2022 be enacted, approved, and signed with the corporate seal attached.

That the Regular Meeting of Council for September 13, 2022 be adjourned at 1:20PM.