AGENDA Regular Council Meeting

Transcription

1 The Municipality of Dysart et al AGENDA Regular Council Meeting August 27, :00 a.m. Page 1. ADOPTION OF AGENDA 2. DISCLOSURE OF PECUNIARY INTEREST ADOPTION OF MINUTES FROM PREVIOUS MEETING 4. FINANCE DEPARTMENT July 2012 Cheque Summary. Monthly Revenue/Expense Report as at July 31, Metered Sewage Report for July s.357/358 Tax Adjustments. Thunder Bay & Area Disaster Relief Fund Re: Request for Financial Support. 5. DELEGATIONS 9:30 a.m. - Gail Stelter, Colourfest Coordinator Re: Colourfest :00 a.m. - Greg Bishop, Items P-14, 15, 18 and FIRE DEPARTMENT Fire Chief Report. 7. ROADS DEPARTMENT Roads Update. Roads Needs Study. Ontario Good Roads Association - Alert Re: Minister of Transportation Agrees to "Open Up" MMS Regulations. 8. ENVIRONMENT Recycled Material Report - July Page 1 of 251

2 Page ENVIRONMENT Landfill Tipping Fees Report - July. 9. PARKS AND RECREATION DEPARTMENT Parks and Recreation Update. 10. BUILDING AND BY-LAW DEPARTMENT Building Permit Report to July 31, By-law Department Report - July ADMINISTRATION Environment and Green Energy Committee Re: Minutes of July 3, 2012 Meeting. Ground Mount Solar Installations. Housing and Business Development Committee Re: Minutes of July 3, 2012 Meeting. Haliburton Highlands Museum Board Re: a) Minutes of July 3, 2012 Meeting. b) Request for Installation of Railing for Front Ramp. Glebe Park Committee Re: Minutes of June 12, 2012 Meeting. J. Frost, Parade Coordinator Re: Request for "No Parking" for Santa Claus Parade. County of Haliburton Re: Shoreline Tree Preservation By-law Destination Guide Advertising. Enabling Accessibility Fund M. McNaughton, MPP - Lambton-Kent-Middlesex Re: Request for Support of Private Members Bill 76 - An Act to Amend the Ontario Lottery and Gaming Act of Information Centre - July Report. Ministry of Community Safety and Correctional Services Re: Changes to the Firearms Act - Firearms Information Regulations (Non-Restricted Firearms) Ministry of Natural Resources - Ontario Parks Re: Proposed Amendment to the Algonquin Provincial Park Management Plan to Address Lightening the Ecological Footprint of Logging. Rails End Gallery Report - August PLANNING AND DEVELOPMENT DEPARTMENT Applications and Approvals: 1. Draft Zoning By-law, Lands of Darrell, Drag Lake, Township of Dudley. Page 2 of 251

3 Page PLANNING AND DEVELOPMENT DEPARTMENT 2. Application to amend the Dysart Official Plan and application to amend Zoning By-law , Lands of Gonnsen, Drag Lake, Geographic Townships of Dysart and Dudley. 3. Application to amend Zoning By-law , and draft subdivision agreement, Lands of Harburn Holdings Ltd., Lipsy Lake, Geographic Township of Guilford. 4. Application to amend Zoning By-law , Lands of Dennis Debler Well Drilling Ltd., County Road 1, Township of Dysart. 5. Draft Site Plan Agreement, TDL Group, County Road 21, Township of Dysart. 6. By-law , amend By-law , Tariff of fees for planning applications. 7. ORA By-law , Greif Bros. Canada Ltd., Hodgson Road, Township of Harburn. 8. SRA By-law , Lands of Page, Autumn Lane, Kashagawigamog Lake, Township of Dysart. 9. By-law , Convey Land to the County of Haliburton, Burleigh Road, Township of Dudley. 10. Application to Purchase Shore Road Allowance, Adjacent to the Lands of Feldman and Atkinson, Peninsula Drive, Grass Lake, Townsip of Dysart. 11. Application to Purchase Original Road Allowance, Adjacent to the Lands of Thistle, Chicory Drive, Koshlong Lake, Township of Dysart. 12. Permission to Use Road Allowance, Lakeview Motel, Township of Dysart. 13. Permission to Use Road Allowance, Haliburton Highlands Nordic Trail Association, Township of Dysart. 14. H-034/12, Lands of Watson, Pivot Lake, Township of Guilford. 15. H-036/12, H-037/12, Lands of Highland Estates Development Corporation, County Road 14, Eagle Lake Road, Township of Guilford T (Subdivision Application), Lands of Gonnsen, Drag Lake, Geographic Townships of Dysart and Dudley. Proposals: 17. Proposal for Condominium Exemption, Grantie Cove, Lands of Ontario Inc., Park Street, Township of Dysart. 18. Severance Proposal, Lands of Kells and Slipper Lake Management Co., South Kawagama Lake Subdivision, Township of Havelock. 19. Severance Proposal, Lands of Obadia and Artemis, Chandler Point Drive, Township of Dysart. Information, Correspondence and Other Business: Page 3 of 251

4 Page PLANNING AND DEVELOPMENT DEPARTMENT 20. Communities in Action: Minutes June 4th, Walk Friendly Ontario Meetings: Public Meeting: October 1st, 2012 at 5:00 p.m. 13. 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 or disposition of land by the Municipality pertaining to the Victoria Street School; b) litigation or potential litagation, affecting the Municipality pertaining to the Building Department CONFIRMING BY-LAW 15. ADJOURNMENT Page 4 of 251

5 Dysart et al Special Council Minutes Tuesday, July 3, 2012 The Council of the Corporation of Dysart et al convened a special meeting on Tuesday, July 3, 2012 at 3:30 p.m. in the Dysart Council Chambers with the following in attendance: Council: Staff: Reeve Murray Fearrey Deputy-Reeve Bill Davis Councillor Andrea Roberts Councillor Dennis Casey Councillor Steve Pogue Councillor Susan Norcross Councillor Walt McKechnie Cheryl Coulson, Clerk ADOPTION OF AGENDA Motion No Moved by: Councillor Steve Pogue Seconded by: Deputy-Reeve Bill Davis Be it resolved that the agenda for the Special Meeting of the Council of the Municipality of Dysart et al held on July 3, 2012 be approved as presented. CARRIED DISCLOSURE OF PECUNIARY INTEREST None declared. CLOSED SESSION To discuss the following, pursuant to Section 239(2) of the Municipal Act, 2001, as amended: advice that is subject to solicitor/client privilege, including communications necessary for that purpose pertaining to the Social Housing Project, the security of the property of the Municipality pertaining to the Dysart Arena, Page 5 of 251

6 a proposed or pending acquisition or disposition of land by the Municipality pertaining to the Victoria Street School. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that Council adjourns the Special Meeting at 3:31 p.m. to proceed into Closed Session for the purpose of discussing: advice that is subject to solicitor/client privilege, including communications necessary for that purpose pertaining to the Social Housing Project, the security of the property of the Municipality pertaining to the Dysart Arena, a proposed or pending acquisition or disposition of land by the Municipality pertaining to the Victoria Street School, pursuant to Section 239(2) of the Municipal Act, 2001, as amended. CARRIED Council adjourned Closed Session at 3:55 p.m. CONFIRMING BY-LAW Motion No Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law No , being a By-law to confirm the proceedings of the Special Council meeting held on July 3, 2012, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED ADJOURNMENT Motion No Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis CARRIED Certified Correct Be it resolved that Council adjourn its Special Council Meeting on July 3, 2012 at 3:57 p.m. Reeve Clerk Page 6 of 251

7 Dysart et al Council Minutes Monday, July 23, 2012 The Council of the Corporation of Dysart et al convened a meeting on Monday, July 23, 2012 at 9:00 a.m. in the Dysart et al Council Chambers with the following in attendance: Council: Staff: Reeve Murray Fearrey Deputy-Reeve Bill Davis Councillor Andrea Roberts Councillor Dennis Casey Councillor Steve Pogue Councillor Susan Norcross Councillor Walt McKechnie Tamara Wilbee, CAO Cheryl Coulson, Clerk Pat Martin, Director of Planning & Development Barbara Swannell, Treasurer Brian Nicholson, Director of Public Works Ray Miscio, Director of Parks & Recreation ADOPTION OF AGENDA Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that the agenda for the meeting of the Council of the Corporation of the United Townships of Dysart et al held on July 23, 2012 be approved as presented. CARRIED DISCLOSURE OF PECUNIARY INTEREST None declared. Page 7 of 251

8 ADOPTION OF MINUTES FROM PREVIOUS MEETING The minutes of the June 11, 2012 Special Council Meeting and the June 25, 2012 Regular Council Meeting were circulated for review. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Be it resolved that the minutes of the June 11, 2012 Special Council Meeting and the June 25, 2012 Regular Council meeting be adopted as circulated. CARRIED FINANCE DEPARTMENT June 2012 Cheque Summary. The Finance Committee reviewed the June accounts prior to the Council Meeting. Motion No Moved by: Councillor Steve Pogue Seconded by: Councillor Walt McKechnie Be it resolved that Council approves the following payments: - Accounts Payable, including Cheque Numbers totaling $3,977, Plus Payroll Direct Deposits totaling $135, CARRIED Monthly Revenue/Expense Report as at June 30, The Monthly Revenue/Expense Report as at June 30, 2012 was reviewed by Council and considered information. Metered Sewage Report for June. The Metered Sewage Report for June was reviewed by Council and considered information. Parklane Residents' Association Re: Invitation to 25th Anniversary and Request for Financial Donation. Council reviewed the correspondence from the Parklane Residents' Association inviting Council to their 25th Anniversary Celebration and requesting a financial donation to support the event. Council denied the request for a financial donation. Page 8 of 251

9 Colourfest 2012 Re: Request for Municipal Sponsorship Council reviewed the correspondence from the Colourfest Committee seeking Municipal sponsorship for the 2012 Colourfest event. Councillor Andrea Roberts noted that the BIA supported Council allocating the funds from the BIA Contingency Reserve for the sponsorship. Council supported the request. Motion No Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that Council authorizes a Golden Oak Sponsorship in the amount of $1,500 for Colourfest 2012 and that the funds be allocated from the BIA Contingency Reserve. CARRIED DELEGATIONS Community Living Haliburton County. Bob Bennett, Director and Gina Atkinson, President and other Directors of Community Living Haliburton County attended the meeting to provide an overview of their services and the Board's plans for a new facility. Nuisance Geese. Leora Berman attended the meeting to provide Council with a presentation on Canada Geese biology and management of nuisance geese. FIRE DEPARTMENT Fire Chief Report. Council reviewed the Fire Chief Report for June and considered it information. F. and M. Johnston Re: Cottage Fire. Council reviewed the correspondence from Frank and Marian Johnston expressing their gratitude for the assistance received from the Fire Department during their cottage fire. ROADS DEPARTMENT Roads Department Update. Council reviewed the Roads Department Update report and considered it information. Brian Nicholson noted that due to the ongoing issues regarding the spray patcher the Page 9 of 251

10 Department will be considering options for modifications or complete replacement of the equipment. Rotary Club of Haliburton Re: Proposal for Installation of Street Clock. Council reviewed the correspondence from Rotary Club of Haliburton outlining their proposal to purchase a town clock to be installed on Highland Street as part of the Streetscape Project. Council supported the proposal and noted that this was a generous donation by the Rotary Club for the Village. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that Council accept the proposal from the Rotary Club of Haliburton to install a street clock on Highland Avenue in conjunction with the Streetscape Project; And further that all costs associated with the electrical hook-up and required clock foundation will be the responsibility of the Municipality; And further that all costs associated with the care and maintenance of the clock shall be the responsibility of the Rotary Club of Haliburton. CARRIED ENVIRONMENT Landfill Tipping Fees Report. Council reviewed the Landfill Tipping Fees Report for June and considered it information. Ontario Electronic Stewardship Re: Congratulations for E-Waste Milestone. Brian Nicholson presented Council with a certificate received from Ontario Electronic Stewardship for the Municipality's excellent work in diverting kilograms of e-waste per household from our landfills. PARKS AND RECREATION DEPARTMENT Parks and Recreation Update. Council reviewed the Parks and Recreation update and considered it information. BUILDING AND BY-LAW DEPARTMENT Building Permit Report to June 30, Council reviewed the Building Permit Report to June 30, 2012 and considered it information. Page 10 of 251

11 By-law Department Report - June. Council reviewed the By-law Department Report for June and considered it information. ADMINISTRATION Municipal Resolutions Supporting FIT Program. Council reviewed the samples of municipal resolutions supporting the FIT program. Councillor Casey advised that the Environment and Green Energy Committee were aware that requests would be coming in from outside groups requiring resolutions of support from Municipalities to accompany their applications for the program. The Committee advises that there is still too much unknown information yet for either the Committee or Council to make any decisions regarding their support for these projects. Draft BIA Expansion By-law. Council reviewed the draft BIA Expansion By-law and was satisfied with its content. The Clerk was directed to proceed with the statutory requirements required prior to passing a By-law which would not be completed until late fall. Tanya McCready, Winterdance Dogsled Tours Re: Cottage Country Dog Festival. Council reviewed the correspondence from Tanya McCready regarding hosting a Cottage Country Dog Festival in Head Lake Park. It was noted that Mrs. McCready had yet to confirm a date but Council supported the request. By-law No Being a By-law to provide for the naming and renaming of all Public and Private Roads within the Municipality of Dysart et al. Motion No Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that By-law No , being a By-law to provide for the naming and renaming of all Public and Private Roads within the Municipality of Dysart et al be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED By-law No Being a By-law to provide for the maintenance, management and control of the Evergreen Cemetery in the Village of Haliburton. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Page 11 of 251

12 Be it resolved that By-law No , being a By-law to provide for the maintenance, management and control of the Evergreen Cemetery in the Village of Haliburton, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED By-law No Being a By-law to authorize the execution of a Mountain Bike Land Use Agreement. Motion No Moved by: Councillor Andrea Roberts Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law No , being a By-law to authorize the execution of a Mountain Bike Land Use Agreement, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED General Correspondence. Council reviewed the following correspondence items and considered them information: Environment and Green Energy Committee Re: Minutes of June 4, 2012 Meeting. Housing and Business Development Committee Re: Minutes of June 4, 2012 Meeting. Haliburton Highlands Museum Board Re: Minutes of June 14, 2012 Meeting. Haliburton BIA Re: Minutes of May 29, 2012 Meeting. Haliburton Highlands OPP Re: Ministry of Municipal Affairs and Housing (Performance Measurement Program). PLANNING AND DEVELOPMENT DEPARTMENT Applications and Approvals: Dysart Municipal Cultural Plan Council reviewed the staff report regarding the Dysart Municipal Cultural Plan. Motion No Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that Council approves the municipal cultural plan entitled, "Creative Together, a Cultural Plan for the Municipality of Dysart et al". (Ref. Municipal Cultural Plan) CARRIED Page 12 of 251

13 Draft Zoning By-law, Lands of Ontario Inc. (Tim Hortons Project), County Road 21, Township of Dysart. Council reviewed the staff report regarding the Draft Zoning By-law for the Lands of Ontario Inc. for the Tim Hortons Project. Pat Martin noted that this was for information only as the TDL Group Corp. continues to work with the County's requirements and the site design. The proposed by-law will be considered by Council at the Special Council meeting scheduled for August 7th, 2012 if the County's requirements have been resolved. Zoning By-law , Lands of LaRue, College Road, Township of Dysart. Council reviewed By-law , which is a by-law to amend By-law for the lands of LaRue in the Township of Dysart. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that By-law , which is a by-law to amend By-law , by changing the zone on Part Lot 13, Concession 9, in the geographic Township of Dysart from "RU1" (the Rural Type 1 zone) to "RR-12" (the Rural Residential 12 Exception zone) and "CH-30" (the Highway Commercial 30 Exception zone) be read a first, second, third time, signed and the corporate seal attached thereto. (Ref. Larue - Roll No ) CARRIED Zoning By-law , Lands of Vasey, West Shore Road, Township of Guilford. Council reviewed By-law , which is a by-law to amend By-law for the lands of Vasey in the Township of Guilford. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that By-law , which is a by-law to amend By-law , by changing the zone on Lots 1, 2, 3 and 4, Concession 13, in the geographic Township of Guilford from "RU1" (the Rural Type 1 zone) and "EP" (Environmental Protection) to "RU1-6" (the Rural Type 1-6 Exception zone) and "EP" (Environmental Protection) be read a first, second, third time, signed and the corporate seal attached thereto. (Ref. Vasey - Roll No ) CARRIED Page 13 of 251

14 Zoning By-law , Lands of Somerville, Irish Line Road, Township of Guilford. Council reviewed By-law , which is a by-law to amend By-law for the lands of Somerville in the Township of Guilford. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Walt McKechnie Be it resolved that By-law , which is a by-law to amend By-law , by changing the zone on Lot 2, Concession 2, in the geographic Township of Guilford from "RU1" (the Rural Type 1 zone) and "EP" (Environmental Protection) to "RU1-7" (the Rural Type 1-7 Exception zone) and "EP" (Environmental Protection) be read a first, second, third time, signed and the corporate seal attached thereto. (Ref. Somervillle - Roll No ) CARRIED Zoning By-law , By-law Execute Severance Agreement, Lands of Vanderburgh, Redstone Lake, Township of Guilford. Council reviewed By-law , which is a by-law to amend Zoning By-law and By-law , which is a by-law authorizing the execution of a Severance Agreement for the lands of Vanderburgh in the Township of Guilford. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law , which is a by-law to amend By-law , by changing the zone on Part Lot 30, Concession 7, in the geographic Township of Guilford from "WR4" (the Waterfront Residential Type 4 zone) to "WR3L" (the Waterfront Residential Type 3L zone) "WR5L" (the Waterfront Residential Type 5L zone) and "WR6" (the Waterfront Residential Type 6 zone) be read a first, second, third time, signed and the corporate seal attached thereto. (Ref. Vanderburgh - Roll No ) CARRIED Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law , being a by-law to authorize the execution of a severance agreement with Clive Heughan Vanderburgh Page 14 of 251

15 with respect to his lands in Part Lot 30, Concession 7, in the geographic Township of Guilford be read a first, second and third time, signed and the corporate seal attached thereto. (Ref. Vanderburgh - Roll No ) CARRIED By-law , Execute Site Plan Agreement, By-law , Execute Responsibility Agreement, By-law , Lift Holding Conditions, Lands of KLHHC, County Road 21, Township of Dysart. Council reviewed By-law ; which is a by-law to execute a Site Plan Agreement, By-law ; which is a by-law to authorize the execution of a Responsibility Agreement and By-law ; which is a by-law to lift the Holding conditions from Bylaw , with respect to the lands of KLHHC (Kawartha Lake Haliburton Housing Corporation) in the Township of Dysart. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that By-law , a by-law to authorize the execution of a site plan agreement with the Kawartha Lake Haliburton Housing Corporation for the supportive housing project located in Part Lot 10, Concessions 8 and 9 in the Township of Dysart be read a first, second and third time, passed, signed and corporate seal attached thereto. (Ref. Supportive Housing Project - Roll No ) CARRIED Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that By-law , a by-law to authorize the execution of a responsibility agreement with the Kawartha Lake Haliburton Housing Corporation for the supportive housing project located in Part Lot 10, Concessions 8 and 9 in the Township of Dysart be read a first, second and third time, passed, signed and corporate seal attached thereto. (Ref. Supportive Housing Project - Roll No ) CARRIED Motion No Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Page 15 of 251

16 Be it resolved that By-law , a by-law to amend By-law to release the holding provisions from lands located in Part Lot 10, Concessions 8 and 9 in the Township of Dysart be read a first, second and third time, passed, signed and corporate seal attached thereto. (Ref. Supportive Housing Project - Roll No ) CARRIED By-law , SRA, Lands of Vanderburgh, Redstone Lake, Township of Guilford. Council reviewed By-law , which is a road closing By-law for the lands of Vanderburgh in the Township of Guilford. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that By-law , which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 29, Concession 7, in the geographic Township of Guilford, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. (Ref. Vanderburgh - Roll No ) CARRIED Draft SRA By-law, Lands of Crump, Haliburton Lake, Township of Harburn. This application was deferred until staff receives a deposited plan of survey from the surveyor. Draft SRA By-law, Lands of Edmison, Kennisis Lake, Township of Havelock. This application was deferred until staff receives a deposited plan of survey from the surveyor. Application to Purchase Shore Road Allowance, Lands of Gowland and Gowland, Redstone Lake, Township of Guilford. Council reviewed the staff report regarding an application to purchase the shore road allowance in front of the lands of Gowland and Gowland in the Township of Guilford. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Page 16 of 251

17 Be it resolved that Council approves for processing a joint application by Donald and Suzanne Gowland and David and Christine Gowland to purchase a portion of the shore road allowance along the shore of Redstone Lake in front of their properties in Lots 27 and 28, Concession 10, in the geographic Township of Guilford. These lands are declared Surplus. (Ref. Gowland - Roll Nos , , ) CARRIED Application to Purchase Shore Road Allowance, Lands of Petrow, Little Kennisis Lake, Township of Havelock. Council reviewed the staff report regarding an application to purchase a portion of the shore road allowance in front of the lands of Petrow in the Township of Havelock. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council approves for processing an application by Kristine Petrow to purchase a portion of the shore road allowance along the shore of Little Kennisis Lake in front of her property in Lot 24, Concession 5, in the geographic Township of Havelock. These lands are declared surplus. (Ref. Petrow Roll No ) CARRIED Application to Purchase Shore Road Allowance, Lands of Howe, Kennisis Lake, Township of Havelock. Council reviewed the staff report regarding an application to purchase the shore road allowance in front of the lands of Howe in the Township of Havelock. Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council approves for processing an application by Brian and Karen Howe to purchase a portion of the shore road allowance along the shore of Kennisis Lake in front of their property in Lot 8, Concession 3, in the geographic Township of Havelock. These lands are declared surplus. (Ref. Howe - Roll No ) CARRIED Page 17 of 251

18 Application to Purchase Shore Road Allowance, Lands of Vinet, Long Lake, Township of of Dudley. Council reviewed the staff report regarding an application to purchase the shore road allowance in front of the lands of Vinet in the Township of Dudley. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council approves for processing an application by Lyne Vinet to purchase a portion of the shore road allowance along the shore of Long Lake in front of her property in Lot 8, Concession 4, in the geographic Township of Dudley. These lands are declared Surplus. (Ref. Vinet - Roll No ) CARRIED H-028/12, Lands of Greif Bros Canada Inc., Lot 6, Plan 19M-3, Percy Lake, Township of Harburn. Council reviewed the staff report regarding Application for Consent H-028/12 for the lands of Grief Bros. Canada Inc. in the Township of Harburn. The owners would like to grant a right of way for the benefit of the neighbouring property, which is also in their ownership. The proposed right of way recognizes an existing driveway and is consistent with the site development plan prepared at the time of the subdivision review. Council agreed to support the application subject to the conditions listed in the staff report. Motion No Moved by: Councillor Dennis Casey Seconded by: Councillor Andrea Roberts Be it resolved that Council recommends approval of application for consent H-028/12 (Grief Bros. Canada Inc.) subject to the following standard condition: 1. For right of way purposes only for the benefit of Lot 5, Plan 19M-3. CARRIED Proposals: Severance Proposal, Lancashire Homes Ltd., Redstone Lake, Township of Guilford. Council reviewed the staff report regarding the severance proposal for the lands of Lancashire Homes Ltd. in the Township of Guilford. Greg Bishop, agent for the applicant, was in attendance for the discussion. The owner would like to sever one lot from his property for waterfront residential purposes. Council agreed to support the Page 18 of 251

19 general principle of the proposal, subject to the comments received through the public review process and the conditions outlined in the staff report. Severance Proposal, Fincham, Kennisis Lake, Township of Havelock. Council reviewed the staff report for the severance proposal for the lands of Fincham in the Township of Havelock. Greg Bishop, agent for the applicant, was in attendance for the discussion. The owner would like to sever a small parcel from her property for addition to a neighboring property, in the ownership of Mr. and Mrs. Head. This will recognize the location of an existing private garage and resolve an encroachment issue. Council agreed to support the general principle of the proposal, subject to the comments received through the public review process and the conditions outlined in the staff report. Information, Correspondence and Other Business: Correspondence: Walker to Dysart. Council reviewed the correspondence from Mr. Jerry Walker requesting the Municipality to consider reopening the road allowance on the portion of road that crosses Pt. Lt. 10 Con. 8 & 9 fronting on County Road 21. Staff noted that this road allowance was closed by the Province in 1966 by Order in Council. It is now part of the property being developed for the supportive housing project. Staff was directed to investigate the land ownership, as well as, the legal requirements to re-instate the status of the road allowance. Meetings: Public Meeting - August 7th, 2012 at 5:00 p.m. CLOSED SESSION To discuss the security of property pertaining to the Dysart Arena and to discuss a matter in respect to which a Council may hold a closed meeting under another Act (MFIPPA - to receive third party proprietary information), a proposed or pending acquisition or disposition of land pertaining to the Victoria Street School and litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality in regards to the Watercolours Development pursuant to Section 239(2) of the Municipal Act, 2001, as amended. To receive education and discuss matters pertaining to identifiable individuals from the Municipal Auditors, Collins, Barrows Kawartha LLP with respect to the 2011 Financial Audit pursuant to Section 239(3.1) 1. & 2. of the Municipal Act, 2001, as amended. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Steve Pogue Page 19 of 251

20 Be it resolved that Council adjourns the regular meeting at 11:20 a.m. to proceed into Closed Session for the purpose of discussing the security of property pertaining to the Dysart Arena and to discuss a matter in respect to which a Council may hold a closed meeting under another Act (MFIPPA - to receive third party proprietary information), a proposed or pending acquisition or disposition of land pertaining to the Victoria Street School and litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality in regards to the Watercolours Development pursuant to Section 239(2) of the Municipal Act, 2001, as amended; And to receive education and discuss matters pertaining to identifiable individuals from the Municipal Auditors, Collins Barrows Kawartha LLP with respect to the 2011 Financial Audit pursuant to Section 239(3.1) 1. & 2. of the Municipal Act, 2001, as amended. CARRIED Council adjourned the Closed Session meeting at 11:55 a.m. and reconvened the Regular Meeting of Council. Collins Barrows Kawartha LLP Audit Collins Barrows Kawartha LLP attended the meeting to present the 2011 Consolidated Financial Statements to Council. Motion No Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council accepts the 2011 Consolidated Financial Statements as presented by Collins Barrows Kawartha LLP. CARRIED Dysart Arena. Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Dennis Casey Be it resolved that Council authorizes Quinan Construction Limited to provide construction management services on a fee plus costs basis for the repair and renovation of the Dysart Arena as per Section 5(4) of the Procurement of Goods & Services Policy. CARRIED Page 20 of 251

21 Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Councillor Andrea Roberts Be it resolved that Council authorizes Kontek Engineering Ltd. be contracted to address the engineering requirements regarding the repair and renovation of the Dysart Arena as per Section 5(4) of the Procurement of Goods & Services Policy. CARRIED Motion No Moved by: Councillor Andrea Roberts Seconded by: Councillor Dennis Casey Be it resolved that Council authorizes Duncan Ross Architect be contracted to provide architectural services regarding the repair and renovation of the Dysart Arena as per Section 5(4) of the Procurement of Goods & Services Policy. CARRIED Motion No Moved by: Councillor Steve Pogue Seconded by: Councillor Susan Norcross Be it resolved that Council directs the CAO to submit an application to the Community Infrastructure Improvement Fund (CIIF) for purposes of completing necessary repairs and renovations to the Dysart Arena. CARRIED Motion No Moved by: Councillor Steve Pogue Seconded by: Councillor Walt McKechnie Be it resolved that Council directs the Clerk to amend the Concession Booth Lease Agreement with All Canadian Hockey School for and due to the pending removal of the arena ice surface; And that Council authorizes a refund of $2,500 for advertising costs incurred. CARRIED Motion No Moved by: Councillor Susan Norcross Seconded by: Councillor Steve Pogue Be it resolved that Council authorizes a financial refund to Highland Storm Minor Hockey to compensate for the arena ice repairs in the amount of $1, CARRIED Page 21 of 251

22 CONFIRMING BY-LAW Motion No Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that By-law No , being a By-law to confirm the proceedings of the Regular Council meeting held on July 23, 2012, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. CARRIED ADJOURNMENT Motion No Moved by: Councillor Dennis Casey Seconded by: Deputy-Reeve Bill Davis Be it resolved that Council adjourn its Regular Council Meeting on July 23, 2012 at 12:50 p.m. CARRIED Certified Correct Reeve Clerk Page 22 of 251

23 MUNICIPALITY OF DYSART ET AL JULY 2012 CHEQUE SUMMARY Accounts Payable: Cheques # Medical Centre Loan Streetscape-York St. Project Loan Dysart Facilities Bank Transfer 556, Monthly 11, Monthly 11, Monthly 39, Total Accounts Payable $ 618, Payroll: PP # 14 55, PP # 15 55, Council PP # 7 8, Total Payroll $ 119, TOTAL CHEQUE SUMMARY $ 737, July 2012 Cheque Summary. Page 23 of 251

24 Monthly Revenue/Expense Report as at July 31, Page 24 of 251

25 Monthly Revenue/Expense Report as at July 31, Page 25 of 251

26 Metered Sewage Report for July Municipality of Dysart et al Metered Sewage Readings JULY Gallons Comparisons Name AVERAGE AVERAGE Sir Sandford Fleming College 136, , , , , , , , , , , ,324 13,277 Extendicare 740,431 1,210,653 1,404,532 1,455,484 1,216,106 1,350,638 1,263,751 1,240,446 1,503,585 1,339,068 1,338,012 1,211, ,930 CLC Haliburton 9,100 28,400 37,030 43,600 51,400 27,600 37, , , ,500 53,633 4,469 Stuart Baker 161, , , , , , , , , , ,099 14,842 JDHES/HHSS 744,831 1,220,192 1,615,486 1,692,914 1,818,742 1,630,444 1,802, ,924,328 2,365,599 2,176,200 1,870, ,882 Total Board of Education 915,681 1,589,922 1,863,696 1,958,754 2,105,912 1,893,584 2,051,553 2,914,340 3,154,128 2,659,369 2,421,880 2,102, ,193 Parkside Laundry 90, , , , , , , , , , ,738 19,395 Echo Hills Apartments 179, , , , , , , , , , ,599 38,800 Parklane Apts. 341, , , , , , , , , ,238 43,187 2,404,059 4,146,512 4,540,150 4,749,005 4,721,586 4,702,452 4,905,014 5,747,575 6,555,588 5,862,852 5,109,607 4,689, , 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, ,648 Extendicare 102, , ,447 99, , , , ,431 YEARLY MONTHLY CLC Haliburton 3,800 2,100 3, ,100 Stuart Baker 22,050 24,120 25,190 31,910 19,760 25,330 13, ,750 J.D.H.E.S./H.H.S.S. 92,829 94,149 93, ,604 89, , , ,831 Total Board of Education 118, , , , , , , ,681 Parkside Laundry 10,800 13,200 10,100 11,600 14,200-30,400 90,300 Echo Hills Apartments 25,077 23,537 26,837 25,297 27,497 26,177 24, ,279 Parklane Apartments 52,861 47,925 53,207 45,935 48,560 47,774 45, , , , , , , , , ,404, Name JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL Sir Sandford Fleming College 11,131 17,070 13,506 26,177 14,914 27,321 41,355 On Strike 53,674 26,837 35,196 18, ,439 Extendicare 120, , , ,087 63, , ,088 93,709 94, ,828 98, ,968 1,210,653 CLC Haliburton 2,100 2,100 4,000 2,700 2,500 2,200 1,200 3,500 2,100 1,800 2,300 1,900 28,400 Stuart Baker 31,490 16,990 28,290 31,310 28,390 47,780 16,470 24,170 35,590 26,910 29,540 24, ,330 J.D.H.E.S./H.H.S.S. 129, , , , , , ,828 72,811 93,269 98,108 82,050 88,209 1,220,192 Total Board of Education 162, , , , , , , , , , , ,509 1,589,922 Page 26 of 251 Parkside Laundry 9,900 10,200 8,400 10,800 11,800 18,000 33,300 32,500 12,400 12,200 11,300 10, ,500 Echo Hills Apartments 23,097 25,957 26,617 25,957 25,077 35,636 20,897 22,217 24,637 24,417 25,737 27, ,743 Parklane Apartments 43,070 40,701 48,161 48,497 49,557 51,671 49,807 51,402 49,972 45,078 46,582 46, , , , , , , , , , , , , ,689 4,146, Name JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL Sir Sandford Fleming College 7,875 6,423 13,704 17,972 6,797 19,380 49,494 10,471 21,381 19,842 26,111 8, ,183 Extendicare 113, , , , , , , , , , , ,786 1,404,532 CLC Haliburton ,700 2,200 2,000 5,100 10,100 2,900 3,800 2,400 2,500 1,900 37,030 Stuart Baker 4,237 3,523 15,130 19,740 17,160 18,390 9,750 3,950 29,050 29,810 33,200 27, ,180 J.D.H.E.S./H.H.S.S. 143, , , , , , , , , , , ,444 1,615,486 Total Board of Education 149, , , , , , , , , , , ,584 1,863,696 Parkside Laundry 13,100 14,100 10,500 10,200 11,100 29,000 29,300 25,500 11,500 12,000 11,000 10, ,700 Echo Hills Apartments 27,674 23,785 27,308 28,597 25,957 26,177 27,717 23,757 25,297 25,737 24,637 25, ,940 Parklane Apartments 45,417 42,915 47,439 47,850 46,091 43,218 50,403 42,094 44,236 51,243 49,821 53, , , , , , , , , , , , , ,172 4,540,150

27 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Justine Bourgeois, Tax Collector Date: August 27, 2012 Re: S. 357/358 Tax Adjustments Recommendation: 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 RT $ (Municipal Share: $47.74) Background: Summary: 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. 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.357/358 Tax Adjustments. Page 27 of 251

28 S.357 Rebate Applications for 2011 Effective September 30, 2011 Assessment Prorated Tax Rate Decrease Taxes Adjustment MUNICIPAL , COUNTY , EDUCATION , s.357/358 Tax Adjustments. Page 28 of 251

29 Thunder Bay & Area Disaster Relief Fund Re: Request for Page 29 of 251

30 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Miles Maughan, Fire Chief The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Miles Maughan, Fire Chief Date: August 20, 2012 Re: July 2012 Report Recommendation: That this report be received as information. Emergency Response: Medical Assist 14 MVA 6 Fire 2 Brushfires 8 Perceived fires 14 Hydro 2 Alarm 2 TOTAL 49 July was an extremely busy month for the Fire Department, responding to 2 structure fires and a total of 49 calls. Both fires resulted in complete destruction of the buildings. The numbers of medical calls are up to 14 as more people get back into the area. Fire Ban Data: The Fire Ban lasted 33 days and was put on throughout the County. During that period Dysart responded to 8 actual fires and 14 campfires. Two charges were laid for burning. Eight signs were installed at entrances to Dysart and posters were placed in the grocery stores. This year twitter and tweet were also used and was able to get the information out to a large group. One of the problem areas we found was for the rental cottages as people rent a cottage and expected to have a campfire and did not get the message through the local media. After this was identified a visit to the rental agency and their assistance they ed their clients directly. Smoke Alarm Campaign: This year on July 23 we did a door to door smoke alarm check. During the campaign we visited 175 homes, approximately half were not occupied. Of the other there was 80% compliance. The other 20% all were provided with a smoke alarm. Some of the problem areas found was secondary sleeping accommodations. These were identified and were also informed that smoke alarms were required. During the campaign, part of the following lakes were checked Kennisis, Redstone, Cranberry, Moose, Eagle and Coleman. Fire Chief Report. Page 30 of 251

31 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Rob Camelon, Assistant Roads Superintendent Date: August 27, 2012 Re: Roads Status Update Recommendation: Background: Summary: For informational purposes None Spray patch operations are continuing normally with the rented patching unit, and crews are constantly repairing potholes in all areas of the municipality. Financial Implications: As per 2012 Budget Miller Paving has pulverized Wilkinson & Curry Roads, with blending expected to be completed the last week of August. Blending is the final stage of preparation prior to the application of surface treatment anticipated the first week of September. The slurry seal crew has completed all roads in Halbiem Cr with some remedial work to be completed in 3 cul-de-sacs. At the time of this report they have started the work around Kennisis Lake and expected to be finished in that area the week of August 27 th. Winter sand is currently being stockpiled and should be completed by the week of September 17 th. Material is being drawn from the Miller Pit located on Boice-Bradley Dr as well as the Kennaway Pit on Fred Jones Rd. Upon completion the municipality will have ~11,000 cubic yards of material available for the winter months. Attachments: None Roads Update. Page 31 of 251

32 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Brian Nicholson Date: August 3, 2012 Re: Roads Needs Study Recommendation: Background: Summary: Informational Purposes Only A Roads Needs request for proposal was issued June 14/12 and closed July 25/12 resulting in 12 submissions. The prices varied from a low of $6, to a high of $51, The study is to be completed by October 19 so that the information can be utilized in the 2013 construction season. The Request for Proposal has been issued to The Greer Galloway Group Inc. for $6, which is within budget. Financial Implications: None, within budget Attachments: Summary Sheet Roads Needs Study. Page 32 of 251

33 Roads Needs Study. Page 33 of 251

34 Roads Needs Study. Page 34 of 251

35 Roads Needs Study. Page 35 of 251

36 August 17, 2012 Minister of Transportation Agrees to Open up MMS Regulations OGRA is very pleased to advise that the Minister of Transportation, Bob Chiarelli has agreed to open up the Minimum Maintenance Standards (MMS) regulations to address the problems created by the recent Ontario Court of Appeals decision in Guiliani v Region of Halton. Further he has made the commitment to address the problems before the snow flies this winter. Late last year the Ontario Court of Appeal overturned a lower court ruling in the matter of Guiliani v The Region of Halton which has serious implications for all municipalities in Ontario. The ruling undermines the ability of municipalities who are in compliance with their existing Minimum Maintenance Standards to defend court actions brought against them. Members of the OGRA Board and Staff met with both Minister Chiarelli and Premier McGuinty at the 2012 ROMA/OGRA Combined Conference to apprise them of the matter and to advise that while OGRA was supporting an appeal to the Supreme Court of Canada, that if all legal avenues were exhausted, we would be back requesting that the regulations and/or the legislation be amended. OGRA supported the appeal by OMEX to the Supreme Court of Canada. Unfortunately the Supreme Court refused to hear the appeal and OGRA immediately contacted the Minister s office to set up a meeting. OGRA President Alan Korell stated We are extremely pleased that the Minister has seen the important role that the MMS plays in protecting municipalities from frivolous law suits and that he has agreed to act so quickly. The Committee that OGRA had established to develop new best practices to deal with the court ruling will be re-tasked to draft the revised regulations to be submitted to the Minister this fall. Executive Director Joe Tiernay stated OGRA will continue to take a leadership role in ensuring that the MMS provide the level of protection that municipalities need and we will also continue to press for legislative changes to the bigger issue of Joint and Several Liability. For more information contact OGRA at info@ogra.org Ontario Good Roads Association - Alert Re: Minister of Page 36 of 251

37 Recycled Material Report - July Page 37 of 251 RECYCLED MATERIAL REPORT 2012 Haliburton J.Garbutt West Guilford Kennisis Lake West Bay South Bay Harcourt Monthly Containers Fibres Cardboard Containers Fibres Containers Fibres Containers Fibres Mixed Depot Containers Fibres Totals January February March April May June July Total Haliburton J.Garbutt West Guilford Kennisis Lake West Bay South Bay Harcourt Monthly Containers Fibres Cardboard Containers Fibres Containers Fibres Containers Fibres Mixed Depot Containers Fibres Totals January February March April May June July August September October November December Total , Haliburton J.Garbutt West Guilford Kennisis Lake West Bay South Bay Harcourt Monthly Containers Fibres Cardboard Containers Fibres Containers Fibres Containers Fibres Mixed Depot Containers Fibres Totals January February March April May June July August September October November December Total ,195.35

38 Landfill Tipping Fees Report - July. Page 38 of Landfill Tipping Fees SUMMARY Tires Fridges/ Applicances/ Metal No Cards Furniture Brush/Bldg Material E- Waste Bulk Refuse Total Collected on Site Total Tickets Office Scrap Metal Account Total Charge Accounts Total Tipping Fees for Month January $ - $ $ - $ $ 8, $ - $ $ 9, $ - $ 2, $ 5, $ 17, February $ $ - $ $ 12, $ - $ $ 13, $ - $ $ 4, $ 18, Subtotal Jan/Feb $ - $ $ - $ $ 21, $ - $ $ 22, $ - $ 2, $ 10, $ 35, March $ - $ $ - $ $ 16, $ $ $ 17, $ - $ - $ 9, $ 26, Subtotal Jan-Mar $ - $ $ - $ 1, $ 37, $ $ $ 39, $ - $ 2, $ 19, $ 62, April $ - $ $ - $ $ 10, $ - $ $ 12, $ - $ 1, $ 16, $ 30, Subtotal Jan-Apr $ - $ $ - $ 1, $ 48, $ $ $ 52, $ - $ 4, $ 36, $ 92, May $ - $ 1, $ - $ 2, $ 24, $ - $ $ 27, $ - $ 3, $ 24, $ 55, Subtotal Jan-May $ - $ 2, $ - $ 3, $ 72, $ $ 1, $ 79, $ - $ 7, $ 60, $ 148, June $ - $ $ - $ 1, $ 7, $ - $ $ 9, $ $ 3, $ 30, $ 43, Subtotal Jan-Jun $ - $ 2, $ - $ 5, $ 80, $ $ 1, $ 89, $ $ 11, $ 91, $ 192, July $ - $ $ - $ 1, $ 8, $ - $ $ 10, $ - $ 2, $ 36, $ 49, Subtotal Jan-Jul $ - $ 3, $ - $ 6, $ 88, $ $ 1, $ 100, $ $ 13, $ 127, $ 241, August $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Aug $ - $ 3, $ - $ 6, $ 88, $ $ 1, $ 100, $ $ 13, $ 127, $ 241, September $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Sep $ - $ 3, $ - $ 6, $ 88, $ $ 1, $ 100, $ $ 13, $ 127, $ 241, October $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Oct $ - $ 3, $ - $ 6, $ 88, $ $ 1, $ 100, $ $ 13, $ 127, $ 241, November $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal Jan-Nov $ - $ 3, $ - $ 6, $ 88, $ $ 1, $ 100, $ $ 13, $ 127, $ 241, December $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL $ - $ 3, $ - $ 6, $ 88, $ $ 1, $ 100, $ $ 13, $ 127, $ 241, Check Check $ 241, Jul-11 $ - $ 1, $ 6.00 $ 2, $ 29, $ $ $ 33, $ $ 1, $ 15, $ 51,098.65

39 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Ray Miscio, Director of Parks & Recreation Date: August 20, 2012 Re: Parks and Recreation Progress Report Recommendation: Background: Summary: Budget/Finance: For information. Arena Emergency Repairs. The Boards and Stands have been removed and the Header has been removed and stored outside until the concrete work is completed. Things are progressing nicely. The next major step of the process will be the removal of the concrete surface which is scheduled to start Monday, August 27 th. No impact all items were included in Emergency Repairs Parks and Recreation Update. Page 39 of 251

40 Building Permit Report to July 31, Page 40 of 251 Number Permits for Month BUILDING PERMIT REPORT TO July 31, 2012 Major Value for Month Major Residential Residential to Date Commercial Minor Residential Number Permits to Date Value to Date January ,591, ,591, , , , ,000 February , ,746, ,110, ,376, , ,292,000 March , ,219, ,764, ,140, , ,241,000 April ,317, ,536, ,808, ,948, ,473, ,714,000 May ,055, ,591, ,711, ,659, ,080, ,794,300 June ,487, ,078, ,984, ,643, ,270, ,064,300 July ,084, ,162, ,150, ,793, ,585, ,649,300 August ,959, ,121, ,108, ,901, ,649,300 September ,818, ,939, ,767, ,668, ,649,300 October ,152, ,091, ,112, ,780, ,649,300 November ,482, ,573, , ,725, ,649,300 December ,481, ,054, , ,180,500 12

41 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Ron Henselwood MLEO The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Ron Henselwood Date: August 13, 2012 Re: July By-law Report Recommendation: Be it resolved that Council receives the following report as information. Background: Animal Control: There were no dogs in the Municipal Dog Pound during the reporting period. A male reported a dog bite a week after the occurrence which occurred on a weekend. The incident was investigated by the O.P.P. and the Health Unit at the time of the incident. The dog owner obtained a dog licence and the dog was given rabies shots. The male started anti-rabies shots which after the 10 period proved negative. Two other dog complaints were investigated by the By-Law Department. One complaint was for barking dogs during the day which the officer attended the home and cautioned the owner. The second complaint was two dogs at large. The owner was visited and cautioned regarding the By-Laws regarding dogs at large. Parking Statistics: Medical Centre Gate Revenue - $1, Parking Meter Revenue Deposited - $ 3, Parking Infraction Notices Issued Parking Meter Infractions 0 - Disabled Parking Infractions 8 - Other Parking Infractions Amount of paid parking tickets this reporting period $ Amount of paid parking tickets received through Court $ The reason for the low amount of revenue from the Medical Centre is due to the fact of the re furbished coin dispenser from CPE/APE continues to fail. The reason for the change in equipment was to allow the machine to accept the new toonies and loonies. The company is now waiting for a new unit to be delivered. By-law Department Report - July Page 41 of 251

42 Property Standards: Two Property Standards letters were issued by the Department to home owners. Two previous Property Standards Orders were completed with contractors cleaning up the yards within the Village of Haliburton with the assistance of the Department. Signs: Repairs: Water Testing: Licences: Four business owners were cautioned regarding banners being used a fascia signs. All four owners complied with removal of the banners. The By-law Department continues to complete minor repairs to several Municipal owned buildings. The raw water sources at the 11 owned Municipal buildings are tested on the first Tuesday of each month by the Department. The readings have come back to date as satisfactory. The Department had one meeting with the Health Unit regarding water sample testing at different locations within the Municipality and two Well Head upgrades. The By-law Department issued one Transient Trader licence during the month. The Department continues the removal of illegal business signs throughout the Municipality. By-law Department Report - July Page 42 of 251

43 Dysart et al Environment and Green Energy Committee Minutes Tuesday, July 3, 2012 The Environment and Green Energy Committee of the Corporation of Dysart et al convened a meeting on Tuesday, July 3, 2012 at 10:00 a.m. in the Dysart et al Council Chambers with the following in attendance: Council: Staff: Absent: Councillor Dennis Casey, Chair Councillor Steve Pogue Ray Gervais Ron Hamann Brian Nash Patricia Martin, Director of Planning & Development Cheryl Coulson, Clerk Brian Nicholson, Director of Public Works Lee Battiston ADOPTION OF AGENDA Motion No Moved by: Councillor Steve Pogue Seconded by: Ray Gervais Be it resolved that the agenda for the Environment and Green Energy Committee meeting on July 3, 2012 be approved as presented. CARRIED DISCLOSURE OF PECUNIARY INTEREST None declared. ADOPTION OF MINUTES Motion No Moved by: Ron Hamann Seconded by: Ray Gervais Page 1 of 3 Environment and Green Energy Committee Re: Minutes of July 3, Page 43 of 251

44 Be it resolved that the minutes for the Environment and Green Energy Committee meeting held on June 4, 2012 are hereby adopted. CARRIED ITEMS OF BUSINESS Waste Management Update The recycled material was reviewed by the Committee and considered information. Landfill Day In preparation for the Committee's education day at the Haliburton Landfill, Brian Nicholson distributed packages to the Committee members providing an overview of the layout for waste and recycling disposal throughout the landfill. Mark Brohm, Landfill Manager made an excellent presentation board showing what items should and should not be recycled. The Committee chose to hold the event on Sunday, July 29th from 11:00 a.m. - 1:00 p.m. Committee members will be located at six various stations throughout the landfill. Staff were directed to prepare identification tags for the Committee. Sustainability Open House - July 7th The Committee reviewed the plans for the Sustainability Open House being held on Saturday, July 7th, Brian Nash noted that it was not going to be feasible to hold a barbeque so he suggested purchasing pizza and providing drinks for anyone attending. Solar Energy The Committee reviewed resolutions prepared by various Municipalities with respect to supporting/not supporting solar energy projects. The Chair noted that staff felt it was too premature for either the Committee or Council to hastily prepare resolutions of support without reviewing the overall potential impacts on the community. Brian Nicholson advised the Committee that he did speak to the Ministry of Environment about installing solar panels near and around landfills. He was advised that absolutely no installation would be approved on the landfill itself. The surrounding buffer area and adjacent property would be allowed. They did caution that the installation of solar panels on adjacent landfill property could hinder any future plans for landfill expansions. Brian Nash advised the Committee that the Ontario Power Authority would be releasing new information regarding solar energy installations but reiterated that there was still a lot of unknown information, which makes it very difficult for anyone, including Municipalities to make any decisions at this time. Page 2 of 3 Environment and Green Energy Committee Re: Minutes of July 3, Page 44 of 251

45 Bill 397 Nothing to report at this time. Nuisance Geese The Clerk advised that Leora Berman would be making a Delegation at the August Council Meeting regarding nuisance geese. This may be of interest to the Committee considering the environmental impact nuisance geese are having on both our lakes and surrounding areas. Strategic Planning Worksheet The Committee reviewed the strategic planning worksheet and noted that they are accomplishing noted goals. NEXT MEETING DATE Tuesday, August 7th, 2012 at 10:00 a.m. ADJOURNMENT Motion No Moved by: Councillor Steve Pogue Seconded by: Ray Gervais Be it resolved that the Environment and Green Energy Committee adjourn its July 3, 2012 meeting at 11:35 a.m. CARRIED Certified Correct Secretary Chair Page 3 of 3 Environment and Green Energy Committee Re: Minutes of July 3, Page 45 of 251

46 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Tamara Wilbee, CAO Date: August 27, 2012 Re: Ground Mount Solar Installations Recommendation: Background: That the Municipality of Dysart et al is committed to supporting effective alternative energy projects in principle, and are committed to a timely review of the regulations that pertain to municipalities as they are released. For the past several months, we ve received a variety of requests to support roof and ground mount solar, both at a blanket resolution level and for specific properties. Since the August Environment and Green Energy Committee meeting, the Ontario Power Authority has released new FIT rules and prescribed forms relating to FIT applications. The window of opportunity for individuals to submit an application is October 1 st through November 30 th. The blanket resolution form prescribed by the OPA allows municipalities to state general support of various types of alternative energy including both roof and ground mount solar and wind generation. The signing of this blanket resolution provides the applicant with points towards a successful application. The applicant is also required to submit an OPA prescribed zoning certificate attesting to the appropriate zoning of the specific site. This can be signed by a registered planner, CBO, CAO or Clerk. From a staff perspective, we feel this is a planning function and should rest in that area if anywhere. Similar to the issuance of compliance certificates, this will entail the use of staff resources to search the properties, issue approvals, etc. As such, Council may wish to give consideration to establishing a fee for this service. Other local municipalities that don t Ground Mount Solar Installations. Page 46 of 251

47 have Planners on staff have been advised to refer the applicant to a private registered planner to complete the zoning certificate. The form requires staff to certify that neither the site nor any property abutting the site is property on which a residential use is a lawfully permitted use. In the opinion of staff, this restricts eligible properties to land which is zoned for commercial or industrial uses. In terms of municipal input towards site specific locations of the proposed ground mount units under the FIT program, there does not appear to be an opportunity for consultation with the municipality or affected neighbours once an application is approved by the OPA. It has been suggested, by those in the industry, that it is not realistic for the applicants to provide us with site specific information at the time they are asking for endorsement, as the application and associated processes such as soil testing or surveys are costly and wouldn t be feasible if the application weren t successful. Summary: Budget/Finance: Attachment: As the new rules have just been released, we are recommending that review of this issue return to the table of the Environment and Green Energy Committee on September 4 th with a request that they recommend a process for reviewing and recommending various alternative energy requests. No impact Zoning Opinion for Non-Roof Top Solar Ground Mount Solar Installations. Page 47 of 251

48 PRESCRIBED FORM: ZONING OPINION FOR NON-ROOFTOP SOLAR FACILITY Sections 3.3(d)(iv)(A) and 3.3(d)(v)(A) of the FIT Rules, Version Adelaide Street West, Suite 1600 Toronto, Ontario M5H 1T1 T F OPARP/f-FIT-019r1 To be submitted by Applicant as part of an Application under the FIT Program where such Application is in respect of a Non-Rooftop Solar Project. To be completed and executed by a Land Use Planner, director of planning or equivalent municipal official, in each case being a registered professional planner in Ontario. For a municipal official that is not a registered planner in Ontario, use Prescribed Form: Zoning Certificate for Non-Rooftop Solar Facility (Sections 3.3(d)(iv)(B) and 3.3(d)(v)(B) of the FIT Rules). Legal Name of Applicant(s): Municipal address of Site: City/Town: Legal Description of Site: Property Identification Number (PIN): Province: Postal Code: WHEREAS the Application is for a Non-Rooftop Solar Facility; AND WHEREAS Sections 3.3(d)(iv)(A) and 3.3(d)(v)(A) of the FIT Rules require a written opinion of a Land Use Planner or a director of planning or equivalent municipal official who is a member in good standing of the Canadian Institute of Planners and is a registered professional planner in Ontario setting out certain opinions regarding the use of the Site; AND WHEREAS (the Undersigned ) acts as a Land Use Planner, director of planning or equivalent municipal official for the purposes of the delivery of this Opinion. NOW THEREFORE THE UNDERSIGNED OPINES to the OPA, and acknowledges that the OPA is relying on the opinion that hereinafter follows: 1. Interpretation. Capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules. (a) Abut means in respect of two or more properties, properties that have a common border or boundary or are only separated from such common border or boundary by a right-of-way (other than a right-of-way in respect of which the owner, lessee, occupant or resident of one of such properties has a property interest) having a width, at any point, of not greater than 15 metres. For greater certainty, properties separated by highways (as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8) or railways (as defined in the Canada Transportation Act S.C. 1996, c. 10) do not Abut. Abutting shall have a corresponding meaning. (b) Lawfully Permitted Use means a use permitted by: (i) a zoning by-law passed pursuant to Section 34 of the Planning Act, RSO 1990, c P.13; or (ii) in territories without municipal organization, land use control imposed by: (A) a planning board being established and passing zoning by-laws; or (B) zoning orders made by the Ontario Minister of Municipal Affairs and Housing; or (iii) a development permit issued pursuant to a development permit by-law. FIT reference number: (Note: Must be inserted by Applicant to complete Application) Aug 2012 Page 1 of 2 Ground Mount Solar Installations. Page 48 of 251

49 120 Adelaide Street West, Suite 1600 Toronto, Ontario M5H 1T1 FIT PRESCRIBED FORM: ZONING OPINION NON-ROOFTOP SOLAR FACILITY (Sections 3.3(d)(iv)(A) and 3.3(d)(v)(A) of the FIT Rules, Version 2.0) T F OPARP/f-FIT-019r1 (c) Local Municipality means a local municipality as defined by the Municipal Act, 2001, SO 2001, c 25. (d) Site means, in respect of a Facility, the real property on, over, in or under which the Facility is, or is to be, situated, as such real property is identified in the Application and in the FIT Contract and which may be located in whole or in part on a Property or multiple Properties, provided real property on which the Connection Line (but not the rest of the Facility) is located shall be excluded from the Site. 2. The Undersigned is a member in good standing of the Canadian Institute of Planners and is a registered professional planner in Ontario. 3. The Site and/or any property Abutting the Site is located, in whole or in part, in: (check applicable box): the Local Municipality of the unorganized territory of (the "Municipality") (the "Unorganized Territory") (Note: Where the Site or any Abutting property is or is proposed to be located in the Municipality and in one or more neighbouring municipalities, a separate Prescribed Form: Zoning Opinion for Non-Rooftop Solar Facility or Prescribed Form: Zoning Certificate Non-Rooftop Solar Facility must be completed and executed in respect of each such neighbouring municipality). 4. The Undersigned has examined (check applicable box): for a Site and any Property Abutting the Site in a Local Municipality, the zoning by-laws of the Municipality (where applicable). for a Site and any Property Abutting the Site in an Unorganized Territory, all relevant documents pertaining to the Lawfully Permitted Uses (where applicable). 5. In the Undersigned's professional opinion neither the Site nor any Property Abutting the Site (to the extent located in the Municipality), in each case, is Property on which a residential use is a Lawfully Permitted Use, provided that if a Lawfully Permitted Use of the Site is agricultural, any residential use of the Site, or property Abutting the Site is ancillary to the agricultural use. 6. If the Non-Rooftop Solar Facility is proposed to be located on Property on which commercial use or industrial use is a Lawfully Permitted Use, the proposed Non-Rooftop Solar Facility does not constitute the main, primary or only purpose for which the Property is used. Signed this day of, 20 By: Signature Name: Phone number: address: Registered Professional Planner Accreditation Date: Aug 2012 Page 2 of 2 Ground Mount Solar Installations. Page 49 of 251

50 Dysart et al Housing and Business Development Committee Minutes Tuesday, July 3, 2012 The Housing and Business Development Committee of the Corporation of Dysart et al convened a meeting on Tuesday, July 3, 2012 at 2:00 p.m. in the Dysart et al Council Chambers with the following in attendance: Members: Staff: Guest: Councillor Andrea Roberts, Chair Councillor Dennis Casey Harvey Bates Larry Dart Dale Walker Cheryl Coulson, Clerk Patricia Martin, Director of Planning & Development Carolyn Puterbough, Ministry of Agriculture, Food and Rural Affairs ADOPTION OF AGENDA Motion No Moved by: Harvey Bates Seconded by: Larry Dart Be it resolved that the agenda for the July 3, 2012 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 Moved by: Larry Dart Seconded by: Harvey Bates Be it resolved that the minutes of the June 4, 2012 Housing and Business Development Committee meeting be adopted as circulated. CARRIED Housing and Business Development Committee Re: Page 50 of 251

51 DELEGATIONS Tammy Rea, Haliburton Media Arts Re: Video/Slideshow Initiative. Tammy Rae from Haliburton Media Arts did not attend the meeting. The Chair directed that she be invited to the August meeting. Carolyn Puterbough, Agriculture and Rural Economic Development Advisor, Ministry of Agriculture, Food and Rural Affairs. Carolyn Puterbough, Agriculture and Rural Economic Development Advisor for OMAFRA was invited to the meeting to introduce herself and provide the Committee an overview of what Regional Economic Development programs and services the Ministry has to offer Municipalities, their BIAs and Committees. The Committee was very interested in some of the programs and felt it would be very beneficial to have an Open House in the fall to include members of the BIA and interested parties to discuss some of these programs. ITEMS OF BUSINESS Current Municipal Housing & Business Development Initiatives Nothing to report at this time. Housing Needs Survey - County and Municipal The Chair thanked the Committee for their cooperation in delaying the Housing Needs Survey until the County of Haliburton completed their study. Pat Martin noted that the Consultant for the County will be interviewing major stakeholders in the coming weeks which included municipal staff members and Harvey Bates from this Committee. Municipal Cultural Plan Pat Martin provided the Committee with an update of the Municipal Cultural Plan and reminded the Committee that the Open House would be held at 4:00 p.m. that day. She also noted the plan has sections that will affect the Committee and provide direction on future strategies and goals. New Member Appointment The Chair advised that Andy Campbell from the Halliburton Highlands Development Corporation was pleased to be invited to be a member of this Committee. Unfortunately, due to a previous commitment, he was unable to attend today's meeting. Motion No Moved by: Larry Dart Seconded by: Dale Walker Housing and Business Development Committee Re: Page 51 of 251

52 Be it resolved that the Housing and Business Development Committee recommends that Andy Campbell of the Haliburton Community Development Corporation be appointed a member of the Committee. CARRIED Strategic Planning Worksheet The Chair reviewed the strategic planning worksheet and concluded that the Committee was on track. ADJOURNMENT AND NEXT MEETING DATE Tuesday, August 7, 2012 at 2:00 p.m. Motion No Moved by: Larry Dart Seconded by: Dale Walker Be it resolved that the HBD Committee adjourn its July 3, 2012 meeting at 3:12 p.m. CARRIED Certified Correct Chairperson Clerk Housing and Business Development Committee Re: Page 52 of 251

53 Dysart et al Haliburton Highlands Museum Board Minutes Thursday, July 12, 2012 The Haliburton Highlands Museum Board of the Corporation of Dysart et al convened a meeting on Thursday, July 12, 2012 at 9:30 a.m. in the Dysart et al Council Chambers with the following in attendance: Museum Board: Staff: Regrets: Greg Roe, Chair Tim Hagarty, Vice Chair Deputy-Reeve Bill Davis Councillor Susan Norcross (Alternate) Linda MacBurnie Keith Anderson Terry Hicks Tom Ballantine, Museum Director Tamara Wilbee, CAO Nancy Stinson ADOPTION OF AGENDA Motion No Moved by: Linda MacBurnie Seconded by: Deputy-Reeve Bill Davis Be it resolved that the agenda for the July 12, 2012 meeting of the Haliburton Highlands Museum Board be approved as presented. CARRIED APPROVAL OF MINUTES Tim Hagarty enquired about the Reid House Basement work plans. The week of the 23rd of July they plan to organize this work. Motion No Moved by: Keith Anderson Seconded by: Terry Hicks Be it resolved the minutes of the June 14, 2012 meeting of the Haliburton Highlands Museum Board be adopted as circulated. CARRIED DECLARATION OF PECUNIARY INTEREST None declared. Haliburton Highlands Museum Board Re: Page 53 of 251

54 ITEMS OF BUSINESS Director's Report. Tom Ballantine provided an overview of the Director's Report. He noted that they assisted with a video project with the Ontario Visual Heritage. Museum staff continue to participate in the Cultural Plan development and it was noted how the Museum has been highlighted as a cultural asset integral to the overall cultural network. He reported that the HKPR has initiated testing on the drinking water system as part of the overall Municipal water maintenance program. Tom noted that he is reviewing current funding opportunities including the recently announced Community Infrastructure Investment Fund. The CAO advised that the Township would be making application for that fund for the arena repairs, but that perhaps the roof project could also be submitted as a separate application noting it as a lower priority funding. The deadline for this application is August 24th. Outside Ramp - Update. Tom reported that he had talked to TJ Welding to review ideas for a steel railing on the ramp going into the entrance of the Museum. Cost estimate to create is between $1200 and $1500 plus HST. The Board agreed that they would submit a report to Council regarding the need to identify the ramp requirement as a current barrier for removal under Accessibility Requirements. Elevator - Update. The Chair suggested that further direct calls from the CBO and himself were required to receive a response on next steps regarding the elevator installation. Dan Sayers, CBO, attended this part of the meeting and noted that the electrical and drywall work are now prepared for the next inspection by the Federal Elevator inspectors and then TSSA. Roof - Update. The Director reported that roof work is in process and that the Contractor will be diligent in moving the project forward. Retaining Wall. Tim Hagarty reported that he has talked to various local landscapers regarding the retaining wall rehabilitation. The current costs are over what the Board has allocated in the budget, but it was noted that with savings they have realized in other budget lines related to this project, they should be able to proceed with the work without negatively impacting the overall budget. Policy Updates. The Director noted that he continues to work on the Corporate Policy updates. Director's Retirement. The Board agreed to undertake an exit interview with Tom in order to provide some input into future roles of the Director of the Museum. The CAO will coordinate seeking input from the Board in terms of the recruitment process through to Council. Haliburton Highlands Museum Board Re: Page 54 of 251

55 Review of 2012 Goals. Tim Hagarty reported that fridge magnets have been created for sale at $2 each or 6 for $10. Museum Visitors and Fees. It was noted that a calculation indicates that donations are averaging $0.70 per person. It was suggested that a note be added to the donation box recommending a $5 suggested donation to try to increase revenues to match budget projection. Cultural Plan. The Chair reviewed the recommended actions resulting from the Cultural Plan development. It was noted that the Municipality would be forming a new Cultural Resources Committee in the near future which would include staff representation from the Museum Board. ADJOURNMENT AND NEXT MEETING DATE Next Meeting: Thursday, August 9th, 2012 Motion No Moved by: Deputy-Reeve Bill Davis Seconded by: Terry Hicks Be it resolved that the meeting of the Haliburton Highlands Museum Board held on July 12, 2012 adjourned at 10:53 a.m. CARRIED Certified Correct Chair Secretary Haliburton Highlands Museum Board Re: Page 55 of 251

56 Haliburton Highlands Museum Board Re: Page 56 of 251

57 Dysart et al Glebe Park Committee Minutes Tuesday, June 12, 2012 The Glebe Park Committee of the Corporation of Dysart et al convened a meeting on Tuesday, June 12, 2012 at 2:00 p.m. in the Council Chamber, Municipal Office with the following in attendance: Members: Staff: Absent: Jim Blake, Chairperson Councillor Dennis Casey John McDonald Ted Brandon Joan Willhelm Terry Hicks Corey Pietryszyn Cheryl Coulson, Clerk Ray Miscio, Director of Parks & Recreation Deputy-Reeve Bill Davis Tom Nicholson ADOPTION OF AGENDA Motion No Moved by: Terry Hicks Seconded by: Ted Brandon Be it resolved that the agenda for the meeting of the Glebe Park Committee held on June 12th, 2012 be approved. CARRIED DISCLOSURE OF PECUNIARY INTEREST None declared. ADOPTION OF MINUTES FROM PREVIOUS MEETING Glebe Park Committee Re: Minutes of June 12, 2012 Meeting. Page 57 of 251

58 Motion No Moved by: Ted Brandon Seconded by: Councillor Dennis Casey Be it resolved that the Minutes of the Glebe Park Committee meeting held on April 10, 2012, be adopted as circulated. CARRIED BUSINESS ARISING FROM MINUTES Haliburton Highlands Mountain Bike Club The Chair welcomed Corey Pietryszyn, representative of the Haliburton Highlands Mountain Bike Club, to the Committee. Corey advised that the Club was looking into signage for both the trails and at the kiosk. The Municipality was in the process of drafting a Land Use Agreements for the Club. The Chair emphasized that it is important to keep the communication channels open between the Club, the Committee and the Municipality. Crank the Shield Mountain Bike Event The Chair advised the Committee that Council approved the Crank the Shield Mountain Bike Event which included the use of Glebe Park. It was noted that there was a trail in behind the Museum that the event organizers wanted to use as an exit to access the roads into the Village. Terry Hicks would speak to the Museum Board about this at their next meeting. Gateway Entrances for Park Nothing to report at this time. Sign on County Road 21 Nothing to report at this time. It was noted that the County of Haliburton was in the process of drafting a new Sign By-law to be implemented in the fall of Use Agreement for Buildings - Municipality and Nordic Trails Nothing to report at this time. Repairs to Ski Club Building It was noted that repairs to the building will be completed this fall. STEWARDSHIP PLAN The Committee reviewed the excellent summary of the Plan prepared by Joan Willhelm. Glebe Park Committee Re: Minutes of June 12, 2012 Meeting. Page 58 of 251

59 WORK PLAN The Committee reviewed the Work Plan. Ted Brandon advised that Fleming College was in the process of redesigning their logo and preparing new signage. The Chair will contact the College to enquire if Glebe Park could be included on the new signs. MANAGEMENT PLAN The Committee reviewed the Planning for Glebe Park Action Items document (updated June 10, 2012) and established priorities for next steps. This included: 6. Reviewing the actions in the Glebe Park Trails Strategy identified in the Planning Information Report (2009) for relevance for the Management Plan. 8. Holding a Public Meeting in the fall to review plans for the Park and seek public input. The meeting will be held at 7:00 p.m. on September 19, 2012 at Fleming College. 43. Move ahead with landscaping plan as part of the Gateway plan. 39. & 45. Undertaking a review of all existing trail signage and develop a signage plan (begin work on this in the October meeting). 20. Develop a special events policy and procedure (this can be modeled from the one created by the Municipality for Head Lake Park). 27. Provide content for a Glebe Park section of the new Municipal website. In relation to the development of a trail signage plan, there was some further discussion about the need for Stoop and Scoop signs for dog walkers at the entrances to the park and the need for bear proof garbage containers (like the ones at the College) at the Museum entrance to the park. Corey Pietryszyn inquired about the new signage that the Club was developing for the Mountain Bike Trails and whether it might be required to be changed through this planning process. The Chair noted that this was a long term process and if new signage was reviewed and agreed upon by the Committee, no changes would be required. It was noted by Ted Brandon that the Rotary Club had worked with the Grade 7 students from J D Hodgson Elementary School to clean up the shoreline of Head Lake in the Village and suggested this might be a group that could assist with clean-up in Glebe Park. REPORTS/UPDATES FROM MEMBERS HCSA - Nothing to report at this time. Nordic Trails - A new groomer was being purchased to be used at the Park. Trail maintenance and improvement will be completed during August/September. Sculpture Forest A new sculpture will be presented in July and a new one of a kind bench in August. Free guided tours will be held for the public every Tuesday at 10:00 a.m. Fleming College - Discussed new logo and signage during meeting. Glebe Park Committee Re: Minutes of June 12, 2012 Meeting. Page 59 of 251

60 Museum/Arboretum - Elevator still not completely installed. Halbiem Neighbourhood - Nothing to report at this time. Municipality - Nothing to report at this time. ADJOURNMENT Next Meeting: Tuesday, August 14th, 2012 at 2:00 p.m. Motion No Moved by: Joan Willhelm Seconded by: John McDonald Be it resolved that the Glebe Park Committee meeting held on June 12, 2012 adjourn at 4:10 p.m. CARRIED Certified Correct Chair Secretary Glebe Park Committee Re: Minutes of June 12, 2012 Meeting. Page 60 of 251

61 J. Frost, Parade Coordinator Re: Request for "No Parking" for Santa Page 61 of 251

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71 2013 Destination Guide Advertising. Page 71 of 251

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73 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Tamara Wilbee, CAO Date: August 27, 2012 Re: Enabling Accessibility Fund Recommendation: Background: That applications for funding under the Enabling Accessibility Fund be submitted to Human Resources Development Canada with respect to retrofitting the front entrance of the Municipal Administration Offices with automatic entry doors and with respect to accessibility enhancements in the public areas of the Dysart et al Arena/Community Centre, and further that 25% of the estimated project costs be allocated for these projects during the 2013 budget process. Annually, municipalities are required to report on the progress that they have made in removing identified barriers to persons living with a disability. The Barrier Removal Plan identifies several areas in municipal buildings that require work in the coming years. Each year, the Enabling Accessibility Fund (EAF) provides opportunities for municipalities to access money to assist with this barrier removal. The latest round of funds has just been released for the Small Project Component of the EAF. Small municipalities are eligible for up to $50,000 per project, but must contribute at least 25% towards the overall cost. Projects must be started by March 31, Both projects have been identified through the Barrier Removal Identification Planning process. Budget/Finance: 2013 Budget Process Enabling Accessibility Fund Page 73 of 251

74 Enabling Accessibility Fund Page 74 of 251 Barrier Identified Barrier Type Department Activity required to remove Barrier This column to be deleted (repetitive of Column 1) You can move some of these items into the green column A: Dysart Municipal Building. Threshold too high, access counter door not wide enough, no signs. The council chamber and washrooms are not barrier free and would be difficult to complete in the original building. B: Dysart Community Center, exterior walk not wide enough nor continuous, telephone not low enough, no barrier free washrooms, no barrier free signage. C: Business Incubator, threshold too high, washroom not completely barrier free, ramp and handrails not completely barrier free, needs barrier free signage. D: Haliburton Fire Hall, threshold too high, Built Environment Information & Communication Built Environment Contractor Parks and Recreation Contractor Fire Departmen Ramp to threshold, widen access door, add accessibility signs where required, all to Ontario Building Code. New exterior walkway, move telephone lower all to Ontario Building Code specifications. Ramp to threshold, washroom grab bars, remount toilet paper holder, mirrors, paper towel rack, lever type tap handles. Ramp & handrails needs redesign, install proper access signage all items to meet OBC. Ramp the threshold area for wheelchair access, widen Activity Selected This Column renamed Activity Required to Remove Barrier Build new Council Chambers and Administrative Offices making them accessible for employees and public. Ramp threshold Accessibility Signage Barrier free washrooms being added to facility on ground floor with addition Exterior walkway and signage New automatic doors Renovated with barrier free washroom. Leased to Business Incubator Not accessible to the public. Consider updates when a need Done?

75 Enabling Accessibility Fund Page 75 of 251 washroom doors too small, no accessibility signs. F: Winter Games Office. Bldg. Front deck and 4 steps. Existing ramp too steep, washroom and door too small, all interior doors too small, no accessibility signs. G: Canoe Radio Bldg. Front door opens onto deck and 6 steps, no grab bars, door opens into washroom and no leg room beneath sink. No accessibility signs H: Dysart Museum Barn. Sandy land not stable, step up into building, no accessibility signs. I: Dysart Museum Log Cabin. Front door too small, step up to bldg. Sandy land around not stable, rear door needs ramp, no accessibility signs. J: Museum main bldg. Steps up and steps down Information and Communication t washroom doors and make Barrier Free or build a special washroom. Possibly the new Arena washrooms might be within the required 45 meters. Extend existing side ramp meters and add handrails, guards or build a new ramp at the front door. Widen all other doorways in building plus construct a special washroom and add accessibility signs all to OBC. Construct ramp at front door, install grab bars, change door swing, reconstruct lavatory area and add accessibility signs all to OBC Construct small ramp to building, make a stable exterior pathway to bldg. Add accessibility signs all to OBC. Construct a small ramp to and widen front door, small ramp to rear door make a stable exterior pathway and add accessibility signs all to OBC. Install elevator or person lift, or construct ramps to top rear is demonstrated by a staff or volunteer member of the department. This portion of the building previously used to house library administration. Used in 2010 for winter games. Building leased to Canoe FM. Historical building/heritage Historical building/heritage Extensive renovations during

76 Enabling Accessibility Fund Page 76 of 251 to bldg. and floors, no ramps to rear doors, doors locked from inside, no interior joining of floors. No accessibility signs K: Dysart Museum storage bldg. Ramp too steep, land sandy and unstable, no accessibility signs L: OPP & Old ambulance garage. Step into bldg. too high, doorways too small, dimly lit, washroom too small, no accessibility signs. M: Dysart Museum Forge Building. Land is sandy and not stable and there is a step up into building and no accessibility signs. N: Dysart Rails End Gallery. Steps need ramps or chair lift, no public washroom. Contractor doors and change swing of same, make existing washrooms barrier free or construct a special washroom, construct barrier free loading zone and ramps from parking lot to stable exterior pathway, make lower entrance barrier free. Lower slope of existing ramp by extending to total meters, construct stable exterior path to building and add accessibility signs all to meet OBC requirements. Widen all interior doorways, ramp man door, install better lighting to meet required 5 lx at floor. Construct a special washroom to serve both occupancies. Ramp the rise into the building, construct a stable exterior path to bldg. and add accessibility signs all to OBC. Person lift or ramp for each floor level and ramp entrance also construct a special washroom and add accessibility signs all to OBC. Currently waiting on delivery of lift from manufacturer. Rear ramp being installed. Not a Public Building New lights installed 2010 Historical building/heritage Gallery moved onto new foundation and extensively renovated to meet accessibility standards including installation of a lift

77 Enabling Accessibility Fund Page 77 of 251 O:Dysart Rotary Park washrooms. Water closet room too small, towel rack too high, wrong taps, no grab bars, water closets improperly positioned. No accessibility signs P: Russell Reid House (Museum). Path not stable, threshold and door knob wrong, no accessibility signs. Q: West Guilford Community Center. No accessibility signs. R: Dysart Community Living (Old Nurses Residence) Exterior ramp is too steep a slope, interior doors are too small, missing grab bars, lever type taps, sloped mirror and leg room beneath sink, upstairs washroom dimly lit, missing sloped mirror, Make stall doors swing out, reconstruct stall to 1500 mm X 1500 mm, install grab bars, remount hand towel-dryer to required height, install lever type taps, make sure water closet has 1020 mm minimum from one side for wheelchair and required accessibility signs all to meet OBC. Construct a stable exterior pathway, slope door thresholds, make door opening device easy to grasp, elevator or chair lift to 2 nd floor, all work to meet OBC requirements Install accessibility signs to OBC requirements Construct one of the washrooms into a special washroom, fix the stair glide Construct ramp to conform to OBC, add lever type taps to bathtub. Add accessibility signs as required all to conform to OBC requirements. Barrier Aware Award provided for this building. Currently not open to the public. Historical building/heritage Install new Ramp 2007

78 Enabling Accessibility Fund Page 78 of 251 lever type taps, grab bars, sink too high 2 nd. Washroom upstairs too small, missing grab bars, and leg room beneath sink. Stair glide broken, no accessibility signs;; S: Harcourt Community Centre Men s and ladies washroom doors too small, no sloped mirror, sink too low, ladies stall and stall door too small Grab bars not strong enough and no accessibility signs. T: Harcourt Concession Stand Light switches too high, step to order window, pavilion gravel base unstable for wheelchair, men s and women s washroom no grab bars, no sloped mirror, paper towels too high, stall too small and water closet too close to wall. Shower s missing seat, flex hose shower head thermostatic Widen doors to both washrooms, add sloped mirrors, strong enough grab bars, and lever type taps Make ladies stall and stall door to conform to code. Add accessibility signs all to meet BC Lower light switches, ramp order window stand, stabilize gravel base of pavilion, add grab bars, sloped mirror and lower paper towels in both washrooms. Widen stall to 1500 mm X 1500 mm so one wall is 1020 mm from water closet. Add flex hose shower head, wall mounted seat, grab bars and slip resistant floor to shower stalls. Accessibility signs where required by OBC.

79 Enabling Accessibility Fund Page 79 of 251 mixing valve slip resistant floor and grab bars. U: Dysart Landfill Site Building. Site attendants building door is too small and there is a step up to privy at this building entrance. No accessibility signs. V: Dysart Roads Building. Office and washroom doors are too small, lavatory sink is too low for leg room beneath,switch controls mounted too high, water closet area too small and shower area not barrierfree at all. There are no accessibility signs. W: Dysart Roads 4 Storage Sheds.Doors are not wide enough and have steps to access and have no accessibility signs. X: Dysart Drag River Building. Interior doorways to hall and washroom are too small, steps in hallway, switches Build ramps to the entrance doors and widen doorways and doors. Add accessibility signs where required and all work to be done to OBC specifications. Widen office and washroom doors, install sink(lavatory) so leg room conforms to barrier free design and lever type taps. Move switch (controls) lower. Widen water closet area and shower stall so they conform to barrier free design. Add accessibility signs. All work to meet OBC specifications. Widen the 2 doors and doorways and ramp the access. Stabilize the path of travel in the sand and add accessibility signs all to meet OBC specifications. A special washroom could be built, widen doorways to hall and washroom area, lower switches and heat controls, make (sink) vanity conform to Not a public building Not a public building Not a public building Building Demolished

80 Enabling Accessibility Fund Page 80 of 251 and heat controls mounted too high, (sink) vanity area requires lever type taps, sloped mirror, and water closet grab bars.no accessibility signs Y: Head Lake Park.The Board Walk, bridge to Rotary Park, access to band shell platform all have a step or too short a ramp. No designated parking spaces, no accessibilitry signs. Z: Tourist information center Railway Caboose has 3 steel steps to a platform and the entrance door is not wide enough, no designated parking spaces and no accessibility signs. Zi Storage Railway Car. Step down into the entrance, loose board ramp and black patch material at ramp bottom not level and even for the Contractor barrier free, add grab bars and accessibility signs all to meet OBC specifications. Extend the ramp at the business section end of Board Walk and buildup each end so no step occurs. Also each end of the Bridge to Rotary Park and the entrance to platform at band shell. Designate Barrier Free parking spaces and accessibility signs. All to meet OBC specifications. Widen entrance door and ramp access to the Caboose. Add Barrier Free parking spaces and accessibility signs. All to meet OBC specifications. Ramp entrance to Railway Car, secure loose boards in ramp area, widen and level access to wooden ramp and add accessibility signs. All to meet OBC specifications. 3 designated parking spots now located at west end of Rails End Gallery New lighting LED replaced al fixtures Review completed with renovation work resulting from fire and due to the physical structure of the caboose, there is no means to widen the entrance door. Parking located west end of gallery. Not a public building

81 Enabling Accessibility Fund Page 81 of 251 required width. No accessibility signs. Zii Glebe Park. Doors not wide enough and steps to all buildings.no accessibility signs and no designated parking spaces. Ziii Cemetery Storage Vault. Steps at both entrances and too high a threshold. No accessibility signs Ziv Sandy Cove Park. Surrounding sandy land is not accessible via wheelchair. Privy washrooms are not of Barrier Free design, also they have a step up and doorway not wide enough. No accessibility signs and no designated parking spaces. Zv South Bay Park.Surrounding land is sandy and not accessible via wheelchair. One step down to beach and no accessibility signs and no designated parking spaces. Widen the access door to concession and storage type buildings. Ramp all access doors, add accessibility signs and designated parking spaces. All to meet OBC specifications. Ramp the access doors and the threshold. Add accessibility signs. All to meet OBC specifications. Provide an exterior Barrier Free path of travel. Ramp and widen doors to a barrier free designed of privy. Add accessibility signs and designated parking spaces. All to meet OBC specifications. Provide an exterior Barrier Free path of travel and ramp step area. Add accessibility signs and designated parking spaces. All to meet OBC specifications. Not a public building

82 Enabling Accessibility Fund Page 82 of 251 Zvi Eagle Lake Park. Surrounding land is sandy and not accessible via wheelchair. Port-apotty not of Barrier Free design. The shelter under construction has a 100 mm step up to it. No accessibility signs no designated parking spaces. Zvii West Guilford Park numerous steps down to beach, surrounding land sandy and not accessible via wheelchair. No accessiblity signs and no designated parking spaces. Zviii Curling Club. Step at the threshold of the front main door and steps up to the second floor and down to the lower floor. Rear exits and zamboni entrance has various steps in order to access. No barrier free washrooms and no accessibility signs. Provide an exterior Barrier Free path of travel. Provide a ramp at the new shelter. Provide Barrier Free port-apotties. Add accessibility signs and designated parking spaces. All work to meet OBC specifications. Ramp down to beach, provide exterior Barrier Free path of travel. Add accessibility signs and designated parking spaces. All work to meet OBC requirements Ramp threshold and steps for Barrier Free access or install elevator or person lift. If curling club and arena had a mutual entranceway it is possible that the newly constructed special washrooms at the arena may be within the 45 meter distance and may suffice. Ramp exit doors at rear for rink floor access. Add accessibility signs and all work to meet OBC Ramp Completed Addition plans

83 Enabling Accessibility Fund Page 83 of 251 Zix North Kashawigamog Park. Numerous steps down to beach area,no accessibility signs and the area is posted NO PARKING. Haliburton Village York Street Some sidewalks and curbs hard to navigate Haliburton Village Highland Street Dysart Public Library / Library Administration Office Accessible Customer Service Training CAO/Clerk requirements. Ramp down to beach area and add accessibility signs all work to meet OBC requirements. Provide training to all persons representing the municipality by January Ensure Contractors working on behalf of municipalities have met training requirements. Create new accessible website Rebuilt to accessibility guidelines in 2010 including new LED lighting, new sidewalks with letdowns at driveways, intersections and 2 locations for mid block crossings, new curbs and bollards. Plans to rebuild to barrier free in New barrier free building constructed Retain Accessibility Experts 2009 Monitor funding opportunities

84 M. McNaughton, MPP - Lambton- Kent-Middlesex Re: Request for Page 84 of 251

85 M. McNaughton, MPP - Lambton- Kent-Middlesex Re: Request for Page 85 of 251

86 M. McNaughton, MPP - Lambton- Kent-Middlesex Re: Request for Page 86 of 251

87 M. McNaughton, MPP - Lambton- Kent-Middlesex Re: Request for Page 87 of 251

88 M. McNaughton, MPP - Lambton- Kent-Middlesex Re: Request for Page 88 of 251

89 Information Centre - July Report. Page 89 of 251

90 Ministry of Community Safety and Correctional Services Re: Page 90 of 251

91 Ministry of Community Safety and Correctional Services Re: Page 91 of 251

92 Ministry of Community Safety and Correctional Services Re: Page 92 of 251

93 Ministry of Natural Resources - Ontario Parks Re: Proposed Page 93 of 251

94 Ministry of Natural Resources - Ontario Parks Re: Proposed Page 94 of 251

95 Rails End Gallery Report - August Page 95 of 251

96 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 20th, 2012 Re: Draft Zoning By-law Amendment Lands of Darrell Geographic Township of Dudley Recommendation: that Council accepts the recommendation of the Public Meeting Committee with respect to the proposed zoning by-law for the lands of Darrell, for their property in Lot 4, Concession 6, in the geographic Township of Dudley, which would change the zone on the subject lands 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). Passage of the proposed by-law will be deferred pending execution of the required severance agreement. Background: The owners have consent from the Haliburton County Land Division Committee to sever their property into three lots for waterfront residential purposes (H-065/11 and H-066/11). The proposed zoning by-law recognizes the proposed waterfront residential use. It implements the requirements of the Official Plan and the recommendations of the site evaluation report. Notice of the public meeting to discuss the proposed by-law was circulated to all persons and agencies, required by regulation on July 3rd, An advertisement was placed in the local paper. The public meeting was held on August 7th, There were no particular comments received on the application. The Public Meeting Committee recommends passage of the proposed zoning by-law amendment. Summary: the proposed zoning by-law recognizes the proposed waterfront residential use. It implements the requirements of the Official Plan and the recommendations of the site evaluation report. The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan. Zoning By-law Amendment: Darrell Page 1 of 2 Applications and Approvals: Page 96 of 251

97 Financial Implications: there are no financial implications. Attachments: the following are attached to this report: the proposed zoning by-law. a key map showing the location of the subject lands and the draft property sketch, showing the location of the existing buildings. Zoning By-law Amendment: Darrell Page 2 of 2 Applications and Approvals: Page 97 of 251

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102 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: July 31 st, 2012 Re: OPA 9 Zoning By-law Amendment Lands of Gonnsen Roll No.: Part Lot 33, Concession 6, Geographic Township of Dysart Part Lot 1, Concession 6, Geographic Township of Dudley RECOMMENDATION: that Council approves for processing an application to amend the Dysart Official Plan and an application to amend Zoning By-law , with respect to the lands of Gonnsen described generally as Part Lot 33, Concession 6, Geographic Township of Dysart and Part Lot 1, Concession 6, Geographic Township of Dudley. PLANNING REPORT: (1) Background: The owner would like to subdivide her holdings on Drag Lake, into six lots. Lots 1 through 5 inclusive will be used for waterfront residential purposes. Lot 6 will continue to be used for tourist commercial purposes. Council reviewed this as a proposal on September 8 th, 2009 and again on October 12 th, Council advised that it would support the general principle of a subdivision proposal, subject to the standard municipal conditions and the comments received through the public review process. In particular, Council noted that the site evaluation report must justify the proposed (reduced) lot standards for Lots 3 and 4. The proposed official plan amendment will change the designation on Lots 1 though 5 inclusive to the Waterfront Areas designation. A site specific amendment will be granted for Lots 3 and 4 to recognize that these lots are an "area of use limitation" but do not satisfy the required lot frontage and area criteria. The Resort Commercial Areas designation will remain on Lot 6. The Environmental Protection Areas designation is not affected by the application. The proposed zoning by-law amendment will recognize the waterfront residential use of the property and will implement the recommendations of the site evaluation report. In particular, a 30 metre water setback will be required for Lots 1 and 2. A 45 metre water setback is required for Lot 3, a 50 metre water setback is required for Lot 4 and an 80 metre water setback is OPA 9 and Zoning By-law Amendment Application Gonnsen Page 1 of 5 2. Application to amend the Dysart Official Plan and Page 102 of 251

103 required for Lot 5. The Tourist Commercial zone will remain on Lot 6. The Environmental Protection Areas zone is not affected by the application. (2) Site Description: A site inspection was conducted on June 22, Staff also reviewed the OBM maps and the air photos for the property. The owner has provided detailed topographic information with her proposal. The slopes on the property vary from gentle to steeply sloping as follows: Lot 1 < 10% Lot 2 < 10% Lot % Lot % Lot 5 < 60% Lot 6 < 10 20% Proposed Lots 1 and 2 include a sand beach. The steep slopes on Lots 4 and 5 make water access difficult. A shared access path is proposed. Information on docking and lake access must be addressed on the site development plan. Measures to control tree removal along the shoreline are important to protect the lake and the steep slopes. A site evaluation report has been prepared for the project. (a) Proposed Lot Dimensions: Frontage Area Lot m ( ft) ha (1.08+ ac) Lot m ( ft) ha (1.8 + ac) Lot m ( ft) ha (3.1+ ac) Lot m ( ft) ha (3.95+ ac) Lot m ( ft) ha ( ac) Lot m ( ft) ha ( ac) (b) Existing Development: Lot 1: one cabin (to become a seasonal dwelling) and one accessory building the boat launch site is not a public facility and is for the use of this property Lot 2: vacant (8 cabins to be removed) Lot 3: vacant (10 cabins and one foundation to be removed) Lot 4: vacant Lot 5: vacant Lot 6: I acc. dwelling and 19 cabins (including the "gatehouse") (8 cabins and 1 foundation to be removed) (c) Frontage: Drag Lake. (d) Access: Lot 1- Fred Jones Road. Lot 2- Fred Jones Road. Lot 3- Murray Lane Lot 4- Murray Lane Lot 5- Murray Lane Lot 6- Murray Lane at intersection with Fred Jones Drive (e) Servicing: private on-site individual water and sewage services. The Site Evaluation Report requires all buildings and structures, including the leaching bed on Lots 3, 4 and 5 to be located 45, 50 and 80 metres from the high water mark respectively. A 30 metre water setback will apply to Lots 1, 2 and 6. (f) Road Allowance: The shoreline road allowance in front of these lands was closed and conveyed for addition to these lands pursuant to By-law All original road OPA 9 and Zoning By-law Amendment Application Gonnsen Page 2 of 5 2. Application to amend the Dysart Official Plan and Page 103 of 251

104 allowances that bisect the property were closed and conveyed for addition to these lands pursuant to By-law At that time, an easement was conveyed to the Municipality for snowmobile purposes (see Lot 1). (3) Provincial POLICY (a) Conformity: Generally, yes. (b) Applicable Policies: Section Rural Areas in Municipalities Section Sewage and Water Individual Services Section 2.1 Natural Heritage Policy 2.2 Water Policy 2.6 Cultural Heritage and Archaeology (c) Comments: The Ministry of Natural Resources categories Drag Lake as a lake trout lake, which is moderately sensitive to additional development. Best management practices, including a 30 metre water setback and a vegetation buffer will be required. An increased water setback will be required in areas of steep slopes. A site evaluation report has been prepared to assess the natural features of the area and make recommendations for the proper development of the lands. An archaeology study has been prepared to assess the cultural heritage resources of the area. These report will be peer reviewed by the appropriate agencies (4) Official Plan Designation: (a) Present Designation: Resort Commercial Areas, Rural Areas and Environmental Protection Areas (b) Requested Amendment: Lots 1, 2 and 5: change from Resort Commercial Areas to Waterfront Areas (the Environmental Protection Areas is not changed.) Lot 3 and 4: change from Resort Commercial Areas to Waterfront Areas (a site specific designation is required to recognize the reduced frontage and area.) Lot 6: no change (c)conformity: generally yes, subject to the approval of OPA 9 and the recommendations of the site evaluation report and site development plan. (d) Applicable Policies: Section 2 Basis and Objectives Section Importance of the Natural Environment Section Protection and Enhancement of the Environment Section 3 Public Service Policies Section 3.1 General Principles for Efficient and Cost-Effective Development Section Water Supply and Sewage Disposal Other Areas Section 4 General Development Policies Section 4.1 Settlement Pattern Section 4.6 Lot Shape and Size Section 4.7 Road Access Section Private Roads in Waterfront and Rural Areas Section Private Road Development Conditions Section 5 Resource Protection Policies Section Lakes and Rivers Section 5.2 Lake Capacity Section Shoreland Development Capability OPA 9 and Zoning By-law Amendment Application Gonnsen Page 3 of 5 2. Application to amend the Dysart Official Plan and Page 104 of 251

105 Section Section Section 9 Section 9.2 Section 9.3 Section 10 Section 18 Section 22 Section Section Significant Natural Heritage Features Archaeological Resources Waterfront Areas Areas of Use Limitation Lot Standards Resort Commercial Areas Environmental Protection Areas Administration Site Evaluation Report Archaeological Assessment (e) Comments: Lots 1 and 2: conform to the lot frontage and area provisions of the Dysart Official Plan. Lots 3 and 4: are compromised by steep slopes and are defined as an area of use limitation (Section 9.3). The site evaluation report provides justification for the proposed reduction to the frontage and area. A special policy area will apply. Lot 6: conforms to the density provisions of the Dysart Official Plan fro resort commercial uses (Section 10.2) (5) Present Zoning: (a) Present Zoning: Lot 1: Tourist Commercial (CT) and Environmental Protection (EP) Lot 2, 3, 4, 5 and 6: Tourist Commercial (CT) (b) Requested Zoning: Lot 1: Waterfront Residential Type 3-x and Environmental Protection (EP) Lot 2: Waterfront Residential Type 3 Lot 3: Waterfront Residential WR5L-x: 90 metres / 1.25 ha / water setback 45 m Lot 4: Waterfront Residential WR5L-xx: 90 metres / 1.6 ha / water setback 50 m Lot 5: Waterfront Residential Type 6L-xx: water setback 80 m Lot 6: Tourist Commercial (CT) (c) Compliance: Lots: all lots will comply with the lot frontage and area provisions of each zone as noted above. Buildings: Lot 1: a site specific exemption is required to recognize: the water setback and the rear lot line setback for the existing accessory building; and the height of the existing seasonal dwelling. Lots 2 and 3: all building will be removed. The new buildings will comply with the applicable zone provisions. Lot 4 and 5: are vacant. The new buildings will comply with the applicable zone provisions. Lot 6: buildings will be removed from Lot 6 as noted on the plan. All remaining buildings will comply with the applicable lot line setbacks except three cabins. These cabins will continue to have legal non-complying status by virtue of Section 3.19(f)(i). OPA 9 and Zoning By-law Amendment Application Gonnsen Page 4 of 5 2. Application to amend the Dysart Official Plan and Page 105 of 251

106 (6) NOTIFICATION AND CIRCULATION Notice of a concurrent public meeting for the proposed official plan amendment and zoning by-law amendment will be circulated to all persons and agencies required by regulation on September 4th The required advertisement will be placed in the local paper. SUMMARY: The subject lands are the former Drag Lake Lodge property. The owner has made application for a 6 lot subdivision. A site evaluation report has been prepared to support the proposed lot configuration. The proposal is generally consistent with Provincial Policy and generally conforms to the provisions of the Dysart Official Plan, given the recommendations of the site evaluation report. A site specific Official Plan designation is required for Lots 3 and 4 to recognize that they do not comply to the lot area and lot frontage requirements of Section 9.2, Area of use Limitation; A site specific zone is required for Lots 3, 4 and 5 to recognize the lot frontage area provisions and to implement the increased water setback, required by the site evaluation report. A site specific zone is required for Lot 1 to recognize the location on the existing buildings. FINANCIAL IMPLICATIONS: All costs to process the applications will be covered through the review process. ATTACHMENTS: the following are attached to this report: key map; draft Official Plan amendment; and draft zoning by-law. OPA 9 and Zoning By-law Amendment Application Gonnsen Page 5 of 5 2. Application to amend the Dysart Official Plan and Page 106 of 251

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127 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 9th, 2012 Re: Application to Amend Zoning By-law Lands of Harburn Holdings Ltd. Roll No.: and Part Lot 6 and 8 and all of Lot 7, Concession 11 Part of Lot 6, Concession 12 Geographic Township of Guilford RECOMMENDATION: that Council approves for processing an application to amend Zoning Bylaw , for the lands of Harburn Holdings Ltd. in part of Lot 6 and 8, and all of Lot 7 in Concession 11 and part of Lot 6 in Concession 12, in the Geographic Township of Guilford. PLANNING REPORT: (1) Background: Harburn Holdings Ltd. has draft approval from the County of Haliburton to create 10 lots by subdivision for waterfront residential purposes (file 46T-07001). They also have consent from the Haliburton County Land Division Committee to sever land from the easterly portion of their property for addition to their neighbour's land (File H-13/12). The zone for Lot 10 will implement a setback to protect the existing portage. This zoning by-law amendment application is a condition of these applications. The developer submitted a zoning by-law amendment application in 2008 to rezone the subject lands. By-Law was passed to implement the draft plan of subdivision. The plan has now been revised and the lots re-configured to accommodate the right of way and the proposed lot addition. The current zoning by-law amendment application will "update" the zone on the subject lands to reflect the revisions to the subdivision plan. Access to the proposed subdivision is by a private right of way along South Lipsy Lake Road. Access to the neighbour's property is by a private right of way along Caboodle Lane. The developer has completed the following background studies for the project: a site evaluation report; a storm water management report; an archaeological study; and an evaluation by a professional planner. Zoning By-law Amendment Application Harburn Holdings Ltd. Page 1 of 4 3. Application to amend Zoning By-law , and draft Page 127 of 251

128 (2) Site Description: The property has not been inspected for the purpose of this report. The OMB maps and the air photographs show varied slopes along this shoreline. Slopes range from moderate (approximately 15% to 25%) to steep (approximately 30% to 45%). There is a well defined valley which includes the creek that drains into Lipsy Lake. The existing portage follows this valley. A site evaluation report and a site development plan have been prepared to support the proposal. The report and plan includes a detailed description and evaluation of the topographic and natural features and constraints and demonstrated the feasibility of the development. The plan demonstrates that all proposed lots can support a building and septic envelope. (a) Lot Dimensions: Frontage Area Lot 1: 130 metres (426+ feet) 2.4 hectares (5.9 acres) Lot 2: 118 metres (387+ feet) 1.8 hectares (4.4 acres) Lot metres (629+ feet) 1.5 hectares (3.7 acres) Lot metres (574+ feet) 1.7 hectares (4.2 acres) Lot metres (564+ feet) 2.7 hectares (6.6 acres) Lot metres (531+ feet) 3.2 hectares (7.9 acres) Lot metres (564+ feet) 4.4 hectares (10.8 acres) Lot 8 76 metres (249+ feet) 1.5 hectares (3.7 acres) Lot metres (580+ feet) 2.3 hectares (5.6 acres) Lot metres (1427+ feet) 39.5 hectares (97.6 acres) H-13/12 + neighbours: 162 metres (534+ feet) 3.56 hectares (8.8 acres) (b) Existing Development: the proposed subdivision lots are vacant. (c) Frontage: Lipsy Lake. (d) Access: the proposed subdivision is accessed from South Lipsy Lake Road, which is a private right of way. The neighbour's property is accessed from Caboodle Lane, which is also a private right of way. (e) Shoreline Road Allowance: the developer has purchased the shore road allowance (By-law ). (3) Provincial POLICY (a) Conformity: Generally yes, subject to the recommendations of the site evaluation report, the site development plan, the storm water management plan and the archaeological study. (b) Applicable Policies: Policy Policy Policy 2.1 Policy 2.2 Policy 2.6 (c) Comments: Rural Areas in the Municipality Sewage and Water Natural Heritage Water Cultural Heritage and Archaeology The Ministry of the Environment identifies Lipsy Lake as a lake trout lake that has additional capacity for development. The storm water management report includes construction mitigation measures to protect the lake from site disturbances. Best management practices, including building setbacks and shoreline vegetation buffers will be required. Zoning By-law Amendment Application Harburn Holdings Ltd. Page 2 of 4 3. Application to amend Zoning By-law , and draft Page 128 of 251

129 The Ministry Natural Resources has identified critical fish habitat in front of proposed lots 1 to 5 inclusive. The site evaluation report, which supports the project, specifically locates and identifies this fish habitat. The report and accompanying site development plan make recommendations for the proper development of the lots, given the topographic and natural features constraints. In particular, docking areas are proposed so as not to impact fish habitat. Best management practices, including building setbacks and shoreline vegetation buffers will be required. The portage is identified on the plan. Site specific zone provisions will apply. The Ministry of Culture has reviewed and approved the archaeological study. (4) Official Plan Designation: Waterfront Area (a) Conformity: Generally yes, subject to the recommendations of the site evaluation report, the site development plan, the storm water management plan and the archaeological study. (b) Applicable Policies: Section 1 Section Section Section Section 3.1 Section Section 4.6 Section 4.7 Section Section 5.2 Section Section 5.4 Section 9 Section 9.2 Section 18 Section 19 Section 22 Section Interpretation of the Plan Quantities Importance of the Natural Environment Protection and Enhancement of the Environment General Principles of Efficient and Cost-Effective Development Water Supply and Sewage Disposal Other Areas Site Conditions - Lot Shape and Size Road Access Lakes and Rivers Lake Capacity Shoreland Development Capability Cultural Heritage Conservation Waterfront Areas Areas of Use Limitation Environmental Protection Areas Rural Areas Administration Site Evaluation Report (c) Comments: See comments under Provincial Policy. The Environmental Protection Area designation applies to a small wetland that affects the north-westerly portion of Lot 10. This designation does not affect the potential building or septic envelopes (5) Present Zoning: (a) Present Zoning: "WR5L-2", "WR6L-3", "WR3L", "WR6L-4", "LR" and "EP" (b) Requested Zoning and Compliance: the proposed zoning will permit waterfront residential uses and zone the lots to so that they cannot be further divided. The existing portage will be protected by site specific zone provisions. A 30 metre water setback and shoreline vegetation buffer will apply to all zones. Lots 1, 2, 3, 4, 5, 6 and 9: WR5L-2 (frontage = 90 metres; areas = 1.3 ha) Lot 7: WR6L-3 (frontage = 150 metres; areas = 3.8 ha) Lot 8: WR3L (frontage = 60 metres; areas = 0.28 ha) Lot 10: WR6L-4 (amended) (frontage = 430 metres; areas = 38 ha; 15 metre building setback re portage) Zoning By-law Amendment Application Harburn Holdings Ltd. Page 3 of 4 3. Application to amend Zoning By-law , and draft Page 129 of 251

130 H-13/12 + neighbours: WR6L (frontage = 150 metres; areas = 2 ha) (6) NOTIFICATION AND CIRCULATION Notice of the public meeting for the proposed zoning by-law amendment will be circulated to all persons and agencies required by regulation on September 4th The required advertisement will be placed in the local paper. SUMMARY: The developer proposes to subdivide their property into 10 lots for waterfront residential purposes. They also plan to sever off land from the east part of their property for addition to their neighbour's property. This zoning by-law amendment application is a condition of these two applications. The proposal is generally consistent with Provincial Policy and generally conforms to the provisions of the Dysart Official Plan, subject to the recommendations of the site evaluation report, the site development plan, the storm water management plan and the archaeological study. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following are attached to this report: the key map; and the property sketch. Zoning By-law Amendment Application Harburn Holdings Ltd. Page 4 of 4 3. Application to amend Zoning By-law , and draft Page 130 of 251

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133 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 2 nd, 2012 Re: Draft Subdivision Agreement Lands of Harburn Holdings Ltd. Roll No.: Part of and Part of Geographic Township of Guilford Recommendation: that Council approves in principle the draft subdivision agreement with Harburn Holdings Ltd. with respect to their lands in Part of Lots 6 and 8 in Concession 11, all of Lot 7 in Concession 11 and Part of Lot 6 in Concession 12, in the geographic Township of Guilford. Staff are directed to circulate the draft agreement to the owners and to the reviewing agencies for their comments. Status This is Council first review of the draft subdivision agreement. Background: The owners have applied to the County of Haliburton to subdivide their property on Lipsy Lake into ten lots for waterfront residential purposes (file 46T-07001). The severance agreement gives notice to the owners and to future land owners of the conditions for development. Specifically, it gives notices: that the proposed development is accessed by a private road; that road maintenance is undertaken by the South Lipsy Lake Road Association and that all owners of lots in the subdivision must be members of the said road association; that a site development plan has been prepared to show the recommended location for the roads and driveways, as well as, the building and septic envelop on the new lots; that a site evaluation report has been prepared and makes recommendations for the proper development of the subject lands; and notice of the conditions of development required by the various reviewing agencies. Subdivision Agreement: Harburn Holdings Ltd. Page 1 of 2 3. Application to amend Zoning By-law , and draft Page 133 of 251

134 Summary: Harburn Holdings Ltd. has applied to the County of Haliburton to subdivide their property on Lipsy Lake into ten lots for waterfront residential purposes (file 46T-07001). As a condition of draft approval, the owner is to enter into a subdivision agreement with the Municipality. The draft subdivision agreement gives direction for the proper development of the subject lands. Financial Implications: applicant. the cost to prepare the agreement will be recovered from the Attachments: the following are attached to this report: the draft subdivision agreement; a key map (sheet 1 of the Site Development Plan; and the draft site development plan (sheets 2, 3 and 4). Subdivision Agreement: Harburn Holdings Ltd. Page 2 of 2 3. Application to amend Zoning By-law , and draft Page 134 of 251

135 SUBDIVISION AGREEMENT THIS AGREEMENT made effective in triplicate this xxth day of xxxxxxx 2012 BETWEEN: HARBURN HOLDING LTD 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 I. WHEREAS Owner has applied to the County of Haliburton for approval to subdivide certain lands and the file number is 46T II. AND WHEREAS the County of Haliburton granted draft approval to file 46T on August 20 th, 2008 and amended the conditions of draft approval on March 28 th, III. AND WHEREAS it is a condition of approval of subdivision application 46T 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. Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 1 of Application to amend Zoning By-law , and draft Page 135 of 251

136 3. The Owner acknowledges that it is his responsibility to fulfil all the conditions of approval with respect to subdivision application 46T and to ensure that the required clearance letters are forwarded by the appropriate agencies to the County of Haliburton. SCOPE OF THE AGREEMENT 4. The development of the Subject Lands will be consistent with the approvals granted by the County of Haliburton for file 46T and will consist of the following: a) the development of ten (10) lots 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 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" - Schedule "B" - Schedule "C" - Description of the Subject Lands; Plans and Reports; and Notice Requirements for Offers of Purchase and Sale 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 or both, as appropriate. 9. The Owner acknowledges that if any approvals required under this Agreement are obtained subsequent to the execution of this Agreement the Municipality may required the owner to enter into an amended agreement to incorporate any conditions, changes or requirements relating to such approvals. No building permit will be issued until the amending agreement is registered on title. Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 2 of Application to amend Zoning By-law , and draft Page 136 of 251

137 SERVICES, DRAINAGE AND UTILITIES 10. The owner agrees to satisfy all requirements, financial or otherwise, of the Municipality concerning the provision of roads, installation of services and drainage. 11. 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. 12. The Owner shall grant to Bell Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities for easements, the owner shall be responsible for the relocation of such facilities or easements. 13. The owner is to meet any and all requirements of Canada Post concerning the provision of mail services. Purchasers are advised that Canada Post has not requested a communal mail box to be located in the Plan of Subdivision and that it is not planned to provide mail delivery to individual lots within the Plan of Subdivision. Purchasers are advised that mail delivery is currently available in the community of West Guilford and that they must contact Canada Post to make arrangements for mail delivery. ROAD ACCESS 14. The Owner acknowledges and confirms as owner and on behalf of all subsequent owners that access to the lands described in Schedule "A" attached hereto, is via a private right of way in common with all others entitled thereto over an easement or right of way granted to each lot. 15. The Owner advises and the Municipality acknowledges that a road has been constructed on the private right of way 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. The said road is located on: Part 1, 2, 3, 4 and 5, Plan 19R-xxxx Part 1, Plan 19R-xxxx; and Part 4, Plan 19R The Owner acknowledges, covenants and agrees as owner and on behalf of all future owners, that construction, maintenance and improvement of the roadway referred to in Paragraph 15 above, will be solely the responsibility of the benefiting parties. To this end, the Owner as owner and on behalf of all future owners, agrees to share equally the cost of road maintenance and construction and further, to maintain a valid membership in the South Lipsy Lake Road Association, or any future association or group formed for the purpose of the on-going maintenance of the private roadway described in Paragraph 15 above. 17. The Owner acknowledges, as owner and on behalf of all future owners of the lands described in Schedule "A" attached hereto, that the Municipality will not assume any responsibility whatsoever for the construction, maintenance or improvement of the roadway described in Paragraph 15 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. 18. 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 Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 3 of Application to amend Zoning By-law , and draft Page 137 of 251

138 and the entering into of this Agreement shall be deemed to impose no obligation whatsoever on the Municipality to assume the said roadway. 19. The Owner further acknowledges, covenants and agrees, as owner and on behalf of all subsequent owners that use of the said roadway will be at his own risk. 20. The Owner is hereby advised that gating of the road and/or poor construction or maintenance conditions may hinder or restrict the provision of emergency services. 21. The Owner as owner and on behalf of all future owners, hereby covenants and agrees 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 15, above. 22. Through the registration of this Agreement, notice is given to the Owner and to all prospective purchasers and future owners of the lands described herein of the conditions of access and their responsibilities with respect to the provision of road access. In particular, membership in the road association described in Paragraph 16, above, is required. ENVIRONMENTAL CONSIDERATIONS 23. 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 water quality of Lipsy Lake, may be impacted by the excessive removal of vegetation and disturbance of the soil mantle in and around the shoreline area. The Owner, as owner and on behalf of all future owners, agrees 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. 24. The Owner further acknowledges, understands and agrees that a Site Evaluation Report has been prepared for the Subject Lands. This report, entitled "Site Evaluation Report, Lipsy Lake Southern Shore" prepared by Michalski Nielson Associates Limited, dated September 2007 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. 25. 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. 26. The Owner as owner and on behalf of all future owners, covenants and agrees 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) that all buildings and structures, including septic systems shall be setback a minimum of 30 metres from the regulated high water mark of Lipsy Lake in accordance with the provisions of By-law , as amended. A 30 metre shoreline vegetation buffer applies within the water setback. This shoreline vegetation buffer is measured from the regulated high water mark of Lipsy Lake; Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 4 of Application to amend Zoning By-law , and draft Page 138 of 251

139 c) that the existing vegetation within the 30 metre shoreline vegetation buffer is to be disturbed as little as possible, consistent with the building envelope, access, safety and the provision of views. The shoreline vegetation buffer is to be maintained in a healthy condition; d) that within the shoreline vegetation buffer, fertilizers and pesticides are not permitted and further, that beyond the applicable shoreline vegetation buffer, 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; e) that to the owner or his/her contractor is encouraged to make use of on-site "B" horizon soils in constructing any drain field, owing to their high and beneficial capability to irreversibly complex phosphorus; f) 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 have a high capability to retain phosphorus (ie. in the order of 50 milligrams phosphorus/100 grams of soil), based on electrostatic binding and mineralization with reactive iron and aluminium; g) that infiltration chambers, may be used for retaining and treating storm water from hard surfaces (ie. rooftops) as an additional method of decreasing any potential impacts to the downgradient surface waters if Lipsy Lake; h) 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 water 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; i) that any dredging, filling or any other alterations to the shoreline or lakebed 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; j) that docks are to be located in compliance with the provisions outlined in By-law , as amended, and within the docking envelope, as shown generally on the Site Development Plan referred to in Schedule "B" hereto. Floating or post/pile supported docks are most suitable; and k) that given the adjacent fish habitat, docks are only to be constructed following consultation with the Ministry of Natural Resources and the Federal Department of Fisheries. Construction of docks 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. 27. 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 26 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 26 (a), (b), (c) and (d) apply; Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 5 of Application to amend Zoning By-law , and draft Page 139 of 251

140 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 Paragraphs 26 (g), (h), (i), (j), and (k) apply; c) if water from Lipsy 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 Haliburton, Kawartha, Pine Ridge District Health Unit or the agency having authority for such approvals at the time of construction. In addition to the foregoing, Paragraphs 26 (e) and (f) apply; and f) domestic waste must be disposed of in a municipal waste disposal site, licensed by the Ministry of the Environment. CULTURAL HERITAGE RESOURCES 28. The Owner should be aware and is hereby advised of his obligations under the Ontario Heritage Act, R.S.O, 1990, c. O.18 and the Cemeteries Act, R.S.O. 1990, c. C.4. Specifically: a) Should human remains be discovered or identified during operations, all work in the vicinity of the discovery will be suspended immediately. The landowner or his contractor will notify the Ontario Provincial Police, who will conduct a site investigation and notify an appropriate coroner. The landowner or his contractor will also notify the responsible Archaeology Review Officer of the Ministry of Tourism and Culture; the Registrar of Cemeteries, Ministry of Consumer Services; and other government staff as appropriate. b) Should other cultural heritage values (archaeological or historical materials or features) be discovered or identified during operations, all activity in the vicinity of the discovery will be suspended immediately. The landowner or his contractor will notify the responsible Archaeology Review Officer of the Ministry of Tourism and Culture, 435 South James Street, Suite 334, Thunder Bay, Ontario P7E 6S7). This conditions provides for the potential for deeply buried or enigmatic local site areas not typically identical in evaluations of potential. HISTORIC PORTAGE 29. The Owner and all future owners of Lot 10 on the draft Plan of Subdivision are hereby advised that a portage, which is protected by the Public Land Act, R.S.O. 1990, c.p.43, crosses these lands. No buildings, structures or site alternation is to compromise the function of this portage. NOTICE 30. 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 Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 6 of Application to amend Zoning By-law , and draft Page 140 of 251

141 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 31. The Owner consents to the Municipality registering this Agreement against the Subject Lands. 32. 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. ADMINISTRATION AND INTERPRETATION 33. The term "Owner" is used herein to mean any owner of all or part of the Subject Lands save and except the Municipality. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. This Agreement is to be read with all changes in gender or number as required by the context. 40. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 41. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 7 of Application to amend Zoning By-law , and draft Page 141 of 251

142 IN WITNESS WHEREOF following dates: the parties hereto have executed this Agreement on the By the Owner on the day of 2012 HARBURN HOLDINGS LTD. Name: Paul Wilson Title: authorized signing officer I have authority to bind the Corporation By the Municipality on the day of 2012 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 Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 8 of Application to amend Zoning By-law , and draft Page 142 of 251

143 SCHEDULE "A" THIS IS SCHEDULE "A" TO THE SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND HARBURN HOLDINGS LTD. DESCRIPTION OF THE SUBJECT LANDS The lands affected by this Agreement are described as Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 9 of Application to amend Zoning By-law , and draft Page 143 of 251

144 SCHEDULE "B" THIS IS SCHEDULE "B" TO THE SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND HARBURN HOLDINGS LTD. PLANS 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 Site Evaluation Report Michalski Nielson Sept Lipsy Lake West Associates Limited Site Development Plan Paul Wilson Consulting Ltd. July 31, 2007 Sheets 1 to 4 rev.: Jan. 15, 2012 Part of Lots 6, 7, and 8, Concession 11 Part of Lot 6, Concession 12 Part of the Original Shore Road Allowance In Front of Lots 6, 7, and 8, Concession 11 and Part of the Original Shore Road Allowance In Front of Lot 6, Concession 12 Geographic Township of Guilford Township of Dysart et al County of Haliburton Storm Water Management Conestoga Rovers & Associates Feb Lipsy lake Township of Guilford County of Haliburton, Ontario Peer Review Comments McIntosh Perry Apr 21, 2008 Application for Subdivision Harburn Holdings Ltd. Lots 6 to 10, Concessions 11 & 12 Geographic Township of Guilford Municipality of Dysart et al A Stage I-II Archaeological/Heritage North York Archaeological July 20, 2007 Assessment of the Proposed Services Inc. Subdivision Development Along The Southern Shoreline of Lipsy Lake Located in Part Lot 6, Concession 12 Lots 6 & 7, Concession 11 And Part Lot 8, Concession 11 Municipality of Dysart (formerly Township of Guilford) County of Haliburton, Ontario Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 10 of Application to amend Zoning By-law , and draft Page 144 of 251

145 SCHEDULE "C" THIS IS SCHEDULE "C" TO THE SUBDIVISION AGREEMENT BETWEEN THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND HARBURN HOLDINGS LTD. NOTICE REQUIREMENTS FOR OFFERS OF PURCHASE AND SALE The Owner shall include in all agreements of purchase and sale, the following clauses as applicable to the lots specified herein: General 1. Access to the Plan of Subdivision is provided via a private road, which is not owned or maintained by the Municipality. All owners of land within the Plan of Subdivision must maintain a valid membership in the South Lispy Lake Road Association, or any other association or group formed for the purpose of the long term maintenance of the road. The owners are hereby advised that gating or poor road conditions may impede or restrict the provision of emergency services. 2. Development of lots will be generally consistent with the Site Development Plan referred to in Schedule "B" of the Subdivision Agreement. Without limiting the generality of the foregoing, all buildings and structures, including septic systems, shall be setback a minimum of 30 metres from the high watermark of Lipsy Lake. 3. Vegetation on lots in the Plan of Subdivision is to be retained as much as possible. In particular, vegetation within the 30 metre shoreline vegetation buffer is to be disturbed as little as possible, consistent with access, safety and the provision of views. The shoreline vegetation buffer is to be maintained in a healthy condition. The conditions, restrictions and directions listed in Paragraphs 26 (a), (b), (c), (d) and (e) of this Subdivision Agreement apply. The Tree Preservation By-law of the County of Haliburton will apply. 4. Lots are to be made suitable for subsurface sewage disposal system, satisfactory to the Haliburton Kawartha Pine Lake District Health Unit or the approval agency, responsible for such approvals at the time of construction. A building permit, under the Ontario Building Code, is required from the said approval agency prior to construction of the subsurface sewage disposal system. 5. If water from Lipsy 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. 6. 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. 7. Domestic waste must be disposed of in a municipal waste disposal site, licensed by the Ministry of the Environment. Ministry of Culture Requirements 8. The Owner should be aware and is hereby advised of his obligations under the Ontario Heritage Act, R.S.O, 1990, c. O.18 and the Cemeteries Act, R.S.O. Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 11 of Application to amend Zoning By-law , and draft Page 145 of 251

146 1990, c. C.4. Specifically: a) Should human remains be discovered or identified during operations, all work in the vicinity of the discovery will be suspended immediately. The landowner or his contractor will notify the Ontario Provincial Police, who will conduct a site investigation and notify an appropriate coroner. The landowner or his contractor will also notify the responsible Archaeology Review Officer of the Ministry of Tourism and Culture; the Registrar of Cemeteries, Ministry of Consumer Services; and other government staff as appropriate. b) Should other cultural heritage values (archaeological or historical materials or features) be discovered or identified during operations, all activity in the vicinity of the discovery will be suspended immediately. The landowner or his contractor will notify the responsible Archaeology Review Officer of the Ministry of Tourism and Culture, 435 South James Street, Suite 334, thunder Bay, Ontario )7E 6S7. This condition provides for the potential for deeply buried or enigmatic local site areas not typically identical in evaluations of potential. Canada Post Requirements 9. Purchasers are advised that Canada Post has not requested a communal mail box to be located in the Plan of Subdivision and that it does not plan to provide mail delivery to individual lots within the Plan of Subdivision. Mail delivery is currently available in the community of West Guilford and that they must contact Canada Post to make arrangements for mail delivery. Historic Portage 10. The Owner and all future owners of Lot 10 on the draft Plan of Subdivision are hereby advised that a portage, which is protected by the Public Land Act, R.S.O. 1990, c.p.43, crosses these lands. No buildings, structures or site alternation is to compromise the function of this portage. Subdivision Agreement: Lands of Harburn Holdings Ltd. Page 12 of Application to amend Zoning By-law , and draft Page 146 of 251

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151 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 13th, 2012 Re: Application to Amend Zoning By-law Lands of Dennis Debler Well Drilling Ltd. Roll No.: and Part Lots 2 and 3, Concession 1 Geographic Township of Dysart RECOMMENDATION: that Council approves for processing an application to amend Zoning Bylaw , for the lands of Dennis Debler Well Drilling in Part Lots 2 and 3, Concession 1, in the Geographic Township of Dysart. PLANNING REPORT: (1) Background: The owners have conditional consent from the Haliburton County Land Division Committee to sever a lot from their property for rural residential purposes (H-020/12). As a condition of this application, the severed parcel is to be re-zoned to the RR-10 zone. The retained parcel is now zoned for rural uses and will continue to be used this way. A zone change is not required on the retained parcel. Two lots were previously severed from this property (H-011/11 and H-012/11). (2) Site Description: A site inspection has not been completed for the purpose of this proposal. The OBM maps and the air photographs show that the property is relatively flat in the vicinity of the subject lands. Historically, this property has been used for farming purposes and so much of the front portion of the property has been cleared of vegetation. a) Lot Dimensions: Frontage Area Severed 1: 213+ metres (700+ feet) 2.9 hectares (7.07+ acres) b) Existing Development: a single family dwelling c) Frontage: County Road 1. d) Access: County Road 1 Zoning By-law Amendment Application Dennis Debler Well Drilling Page 1 of 2 4. Application to amend Zoning By-law , Lands of Dennis Page 151 of 251

152 e) Servicing: individual on-site water and sewage services. f) Road Allowance: N/A (3) Provincial POLICY (a) Conformity: Yes. (b) Applicable Policies: Section Rural Areas in Municipalities Section Sewage and Water Individual Services Section 2.1 Natural Heritage (c) Comments: The proposal is generally consistent with Provincial Policy. (4) Official Plan Designation: Rural Area (a) Conformity: Yes. (b) Applicable Policies: Section Character of the Rural Area Section 3.1 General Principles for Efficient and Cost-Effective Development Section Water Supply and Sewage Disposal Other Areas Section 4.6 Lot Size and Shape Section 5 Resource Protection Policies Section 19 Rural Areas Section 19.4 Rural Residential Uses Section Zoning (c) Comments: This proposal generally conforms to the provisions of the Dysart Official Plan. (5) Zone Category: (a) Present Zoning: Rural Type 1 (RU1) (b) Requested Zoning: Rural Residential 10 Exception zone (RR-10) (c) Compliance: The lot complies with the frontage and area requirements of the RR-10 zone. A 30 metre front lot line setback applies. The existing dwelling will comply with the applicable zone provisions for the RR-10 zone. (6) NOTIFICATION AND CIRCULATION Notice of the public meeting for the proposed zoning by-law amendment will be circulated to all persons and agencies required by regulation on September 4th The required advertisement will be placed in the local paper. SUMMARY: The owners have conditional consent from the Haliburton County Land Division Committee to sever a lot from their property for rural residential purposes (H-020/12). The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following information is attached: key map; and the property sketch. Zoning By-law Amendment Application Dennis Debler Well Drilling Page 2 of 2 4. Application to amend Zoning By-law , Lands of Dennis Page 152 of 251

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154 4. Application to amend Zoning By-law , Lands of Dennis Page 154 of 251

155 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 22nd, 2012 Re: Draft Site Plan Agreement Proposed Tim Horton's Restaurant TDL Group Corp p/f Walker Roll No.: Geographic Township of Dysart Recommendation: that Council approves in principle the draft site plan agreement with the TDL Group Corp. with respect to lands in Part Lot 12, Concession 8, in the Township of Dysart. Staff are directed to circulate the draft agreement to the developer for their review. Status Council's reviewed the first draft of this agreement at the April 23 rd meeting. The proposed building is now located further from County Road (9.6 metres). The site plan has been amended accordingly. Zoning By-law was passed on August 7 th, Background: The TDL Group Corp. plan to construct a Tim Horton's restaurant. The project consists of a 39 seat restaurant with "drive-through" facilities. The site plan agreement gives notice to the owners and to future land owners of the conditions for development. Key provisions of the agreement include: Plans: the site plan agreement requires compliance with the approved site plan, site grading plan, landscape plan, lighting plan, exterior finishes etc. Background Reports: The agreement requires compliance with, and implements the conditions and recommendations of, the various background reports (storm water management report, traffic report etc.). Infrastructure charges: the site plan agreement requires a capital contribution for sewers, pursuant to By-law , of $18, (4 x $4586). Site Plan Agreement: TDL Group Corp. Page 1 of 2 5. Draft Site Plan Agreement, TDL Group, County Road 21, Page 155 of 251

156 Security: Council will set the necessary security to ensure due compliance with the terms of the agreement, based upon a work cost estimate. The developers will be requested to provide the work cost estimate. The site plan must be amended as following: Landscaping is to use native tree species. Signage is to be designed as a monument style sign and landscaped appropriately to blend with the neighbourhood. Bike racks are to be provided. The parking lot is to be signed so that traffic is one directional (similar to the Foodland parking lot). Council had requested a contribution of $10, for sidewalks. confirmation of this figure. Staff request Summary: The TDL Group Corp. proposes to construct a 39 seat, Tim Hortons drive through restaurant. The draft site plan agreement will ensure the proper development of the lands. In particular, it ensures that the recommendations of the background reports are implemented and the project is constructed according to the approved plans. The site plan has now been amended to be consistent with Zoning By-law Staff request confirmation of the contribution for sidewalks. Financial Implications: The agreement will require: security to ensure due compliance with the terms of the agreement; payment of the infrastructure charge for the use of municipal sewers; payment of a contribution towards the cost of constructing sidewalks; and payment of all engineering and legal costs incurred by the Municipality. Attachments: the following are attached to this report: a key map; the site plan showing; and the draft site plan agreement. Site Plan Agreement: TDL Group Corp. Page 2 of 2 5. Draft Site Plan Agreement, TDL Group, County Road 21, Page 156 of 251

157 5. Draft Site Plan Agreement, TDL Group, County Road 21, Page 157 of 251

158 5. Draft Site Plan Agreement, TDL Group, County Road 21, Page 158 of 251

159 SITE PLAN AGREEMENT THIS AGREEMENT made effective in triplicate this xxxx day of xxxxxxxx 2012 BETWEEN: THE TDL GROUP CORP. hereinafter called the "Developer" 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 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". AND WHEREAS the Developer proposes to develop "the subject lands" for the purpose of a commercial building, which will house a restaurant, including a drive-through restaurant. "The subject lands" and the said commercial building are shown on Drawing No. SP, The Site Plan, listed in Schedule "B" attached hereto, and referred to herein as "the Site Plan". AND WHEREAS "the subject lands" are within an area designated for site plan control pursuant to Section 41(3) of the Planning Act R.S.O. 1990, c.p.13 as amended. AND WHEREAS the Municipality has required the Developer to enter into an Agreement pursuant to Section 41(7)(c) of the Planning Act R.S.O. 1990, c.p.13, as amended, with respect to the development of the subject lands. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and for 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 hereby acknowledged), the parties hereto covenant and agree with one another as follows: Site Plan Agreement: Lands of The TDL Group Corp. Page 1 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 159 of 251

160 PART 1: THE LANDS, PLANS AND REPRESENTATIONS 1.0 SCOPE OF THE AGREEMENT 1.1 Description of Development: the development of the said lands consists generally of the following: a) construction of a one storey building with a gross floor area of approximately sq. metres; and b) all site servicing and other development as identified on the plans and reports listed in Schedule "B", attached hereto. 1.2 Conformity with Agreement: the Developer covenants and agrees that no work shall be performed on the said lands or property of the Municipality or the County of Haliburton except in conformity with: a) the provisions of this Agreement, including the Schedules hereinafter referred to and attached hereto; b) "the Site Plan"; c) the report, "Proposed Tim Hortons, County Road 21, Haliburton, On, Storm Water Management Report", March 8, 2012, referred to in Schedule B, attached hereto; d) all plans and specifications submitted to and accepted by the Municipality as being within its design criteria; e) all plans and specifications submitted to, accepted and approved by: the Ministry of the Environment, and the County of Haliburton including, but not limited to the report, "Traffic Impact Study, Proposed Tim Hortons Restaurant, County Road 21, County of Haliburton, February 2012" referred to in Schedule B, attached hereto; f) all applicable Municipal By-laws including any applicable site plan control by-laws; and g) all applicable Federal and Provincial legislation. 1.3 Reliance Upon Representations: the Developer acknowledges that: a) it has made representations to the Municipality that it will complete all municipal and other works required herein, in accordance with the plans filed and accepted by the Municipality and others; and b) the Municipality has entered into this Agreement in reliance upon these representations. 1.4 Schedules Attached: the following schedules are attached to, and form part of, this Agreement: Schedule "A" - Schedule "B" - Schedule "C" - Schedule "D" - Schedule "E" - Description of the Lands Plans and Reports Engineering Provisions Cash Payments and Securities Work Cost Estimates Site Plan Agreement: Lands of The TDL Group Corp. Page 2 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 160 of 251

161 2.0 DEVELOPMENT CHANGES/FUTURE EXPANSION 2.1 There shall be no changes in the Schedules attached hereto, or to any plan accepted by the Municipality or others, unless such proposed changes have been submitted to, and accepted by, the Municipality and/or the County of Haliburton as appropriate. 2.2 The Developer acknowledges that if any approvals required under this Agreement are obtained subsequent to the execution of this Agreement, the Municipality may require the Developer to enter into an amending agreement to incorporate any conditions, changes or requirements relating to such approvals. In such event, no further work shall be carried out contrary to such approvals until the amending agreement is registered on title to the said lands. 2.3 It is acknowledged that "the Site Plan" references a one storey building with a gross floor area of approximately sq. metres. The Developer acknowledges that any further development on the lot including any expansion of the proposed building will require site plan approval and may be subject to a new site plan agreement or an amendment to this Site Plan Agreement. Such site plan approval process may include additional information with respect to storm water management or traffic impact. The minimum requirement, unless determined otherwise by Council, will be the submission by the Developer of a revised site plan showing the intended development, and endorsement of the said revision by resolution of Council. PART 2: MUNICIPAL SERVICES/INTERNAL SERVICES 3.0 MUNICIPAL SERVICES TO BE CONSTRUCTED BY DEVELOPER ON MUNICIPAL PROPERTY 3.1 The Developer will construct, at its expense, the hereinafter required municipal services, in accordance with Schedule "C" attached hereto. Such services shall be constructed in accordance with the standards and specifications required by the Municipality and all applicable government agencies and under the direction and supervision of the Developer's engineer, who will certify construction to the satisfaction of the Municipal Engineer. These services are summarized as follows: a) connection to the municipal sanitary sewer system. 3.2 The Developer will construct, at its expense and to the satisfaction of the County of Haliburton, the driveway entrance and any other facility identified or recommended by the report, "Traffic Impact Study, Proposed Tim Hortons Restaurant, County Road 21, County of Haliburton, February 2012" referred to in Schedule B, attached hereto. 4.0 INTERNAL SERVICES TO BE CONSTRUCTED BY DEVELOPER 4.1 The Developer will construct, at its expense, the hereinafter required internal services, in accordance with the standards and specifications required by the Municipality and all applicable government agencies and under the direction and supervision of the Developer's engineer, who will certify construction to the satisfaction of the Municipal Engineer. These services are summarized as follows: a) Storm Water Management System: in accordance with the report "Proposed Tim Hortons County Road 21, Haliburton, On, Storm Water Management Report", listed in Schedule "B", attached hereto. Site Plan Agreement: Lands of The TDL Group Corp. Page 3 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 161 of 251

162 b) Non-Municipal, Non-Residential Drinking Water System: in accordance with Drawing No. SG, listed in Schedule "B", attached hereto and any and all requirements of the Ministry of the Environment. c) Sanitary Sewer System: in accordance with Drawing No. SG, listed in Schedule "B", attached hereto and any and all requirements of the Municipal engineer. d) Landscaping / Lighting / Parking Facility / Miscellaneous: landscaping, lighting, parking facilities and all other items as shown on "the Site Plan" and Drawing No. LP, EL and ILL, listed in Schedule "B" attached hereto. 4.2 The Developer agrees to maintain, repair and when necessary, replace the internal services so that they will at all times be in good working order and in conformity with the terms of the Agreement. If, in the opinion of the Municipality, the Developer is not complying with the terms of this paragraph, then the Municipality, its servants, agents or subcontractors shall have the right to enter upon the said lands and carry out any work, at the expense of the Developer, necessary to maintain, repair or if necessary replace the said internal services. 4.3 The Developer acknowledges and agrees that any acceptance of the internal services by the Municipality pursuant to this Agreement is only for the purpose of confirming their satisfactory completion and is not an assumption of such services by the Municipality. The Developer shall at all times both before and after acceptance own and be responsible for such internal services. 5.0 "AS CONSTRUCTED DRAWINGS" MUNICIPAL SERVICES AND INTERNAL SERVICES 5.1 Following completion of the construction of the municipal services and the internal services, and prior to the release of any letter of credit, or other security, the Developer shall: a) file with the Municipality a complete set of "as constructed drawings" for the required municipal services as detailed in Paragraph 3.1 and the internal sanitary sewer and water services. PART 3: BUILDING PERMITS 6.0 BUILDINGS PERMITS CONDITIONS PRIOR TO ISSUANCE 6.1 Eligibility for Building Permits: the Developer further covenants and agrees that it, or any person claiming title through or from it, or under its or their authority, will not require or obtain one or more building permits to construct or relocate buildings on the said lands until the following have been complied with: a) Building Permit Application: the Developer shall submit to the Municipality for its approval, prior to any development of the said lands, all plans and drawings of all proposed buildings and structures prepared in accordance with the Ontario Building Code. b) By-laws etc.: there is compliance with the Municipality's building by-law, its site plan control by-law, its zoning by-law and the provisions of this Agreement. Site Plan Agreement: Lands of The TDL Group Corp. Page 4 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 162 of 251

163 c) Execution of Agreement: this Site Plan Agreement has been executed by the Municipality, and the Agreement has been registered on title to "the subject lands" as a first priority. d) Storm Water Management Plan: the Municipality and the County of Haliburton have approved the storm water management plan. e) Construction Mitigation Measures: the Developer has obtained and filed with the Municipality a letter from his engineer confirming that the construction mitigation measures have been constructed in accordance with the requirements of the "Proposed Tim Hortons County Road 21, Haliburton, On, Storm Water Management Report" and Drawing No. EC, listed in Schedule "B" attached hereto. f) Entrance Permit: the Developer has obtained and filed with the Municipality confirmation from the County of Haliburton that it has obtained all necessary entrance approvals for County Road 21. g) Liability Insurance Certificate: the Developer has obtained and filed with the Municipality an insurance certificate confirming those coverages specifically set out in this Agreement. h) Cash Payments and Security: the Developer has paid to the Municipality all cash payments and security as required by Schedule "D" attached hereto. i) Taxes: the Developer has paid all municipal tax bills issued and any outstanding taxes on the said lands. 6.2 No Development: no development shall take place on the said lands until the Chief Building Official of the Municipality has issued one or more building permits for the development. 6.3 Footing Location Plan: the developer agrees that upon completion of the footings of each building to be constructed or relocated, the Developer shall provide to the Municipality, at no expense to the Municipality, a Footing Location Plan, prepared by an Ontario Land Surveyor. No development beyond the footings shall take place on the lands until the said Footing Location Plan has been received and accepted in writing by the Municipality, or alternative arrangements have been confirmed in writing with the Chief Building Official of the Municipality. 6.4 No Occupancy: the Developer agrees that there will be no occupancy or use of any of the proposed buildings or structures, on the said lands, for human habitation whatsoever until: a) the Developer has filed with the Municipality a letter from the Developer's engineer, certifying installation of the storm water management system in accordance with the requirements of the report, "Proposed Tim Hortons County Road 21, Haliburton, On, Storm Water Management Report"; b) the Developer has obtained and filed with the Municipality a letter from Hydro One, confirming that the electrical systems have been properly installed; c) the Developer has submitted a letter from his engineer certifying that the water system has been properly installed and the building is serviced with potable water; d) the Developer has obtained and filed with the Municipality of Dysart et al a letter from the County of Haliburton certifying that all work required Site Plan Agreement: Lands of The TDL Group Corp. Page 5 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 163 of 251

164 with respect to the entrance approval has been completed to their satisfaction and that they have received from the developer "as constructed" drawings for the entrance; and e) an occupancy permit has been issued by the Municipality. The Municipality agrees that it will carry out the required occupancy inspection as soon as reasonably possible after receipt of a request for same, accompanied by all required documentation. 7.0 CASH PAYMENTS AND SECURITY PART 4: GENERAL PROVISIONS 7.1 The Developer shall lodge with the Municipality, those cash payments and security more particularly described in Schedule "D" attached hereto, and at the dates specified therein. 8.0 EXPENSES TO BE PAID BY DEVELOPER 8.1 Every provision of this Agreement by which the Developer is obligated in any way shall be deemed to include the words "at the expense of the Developer" unless the context otherwise requires. 8.2 The Developer specifically agrees to be responsible for any costs, expenses and obligations arising from any permits or approvals which the Developer is required to obtain in order to construct the project. 8.3 The Developer shall pay such reasonable fees as may be invoiced to the Municipality by its Solicitor and its Municipal Engineer (excluding any municipal employee) in connection with all work to be performed in connection with the finalization of this Agreement and arising out of this Agreement. 8.4 In the event that the Municipality finds it necessary to engage the services of an engineer or technical personnel not permanently employed by the Municipality, to review the plans of the Developer and/or carry out on-site inspections of the work performed, the Municipality will advise the Developer accordingly of this need, and the cost of such outside engineers so engaged shall be the responsibility of the Developer. The Municipality may require a deposit for this purpose. 8.5 In the event that the expenses of the Municipality exceed the amount of the cash deposits or security set out in Schedule "D" attached hereto, the Developer shall pay such excess charges within 30 days after demand by the Municipality to the Developer and any lender to the Developer who has given to the Municipality a written request for notice of such demand. 8.6 All expenses for which demand for payment has been made by the Municipality, shall bear interest at the rate of 15% per annum commencing 30 days after demand is made. 9.0 INSURANCE CERTIFICATE AND POLICY 9.1 Policy of Insurance: the Developer shall lodge with the Municipality, prior to the issuance of a building permit and any work on municipal property, an insurance certificate with an insurance company satisfactory to the Municipality (approval of which shall not be reasonably withheld or delayed), and insuring for the joint benefit of the Developer and the Municipality, against any liability that may arise out of the construction or installation of Site Plan Agreement: Lands of The TDL Group Corp. Page 6 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 164 of 251

165 any work to be performed pursuant to this Agreement and for a period of one year after the completion and acceptance of the municipal services to be constructed by the Developer as required herein. 9.2 Comprehensive General Liability: such policy shall carry limits of liability in the amount to be specified by the Municipality, but in no event shall it be less than $5,000, inclusive comprehensive general liability and such policy shall: a) contain a cross-liability clause; b) contain product/completed operation coverage; c) not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) include the following names as insureds: The Corporation of The United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde; e) contain a provision that the insurance company agrees to notify the Municipality 15 days prior to any cancellation or expiry of the said insurance policy. 9.3 Certificate of Coverage: any certificate of coverage filed with the Municipality shall specifically contain confirmation that the coverage specified in (a), (b), (c), (d), and (e) above is in effect. 9.4 Confirmation of Premium Payment: the Developer shall, from time to time, as required by the Municipality, provide confirmation that all premiums on such policy or policies of insurance have been paid, and the insurance is in full force and effect. The Developer shall file a copy of the policy with the Municipality, if required. 9.5 Claim in Excess of Policy Limits: the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any and for which it may be held responsible REGISTRATION OF DEVELOPMENT AGREEMENT 10.1 The Developer consents to the registration of this Agreement by the Municipality The Developer further agrees to execute such further assurances and other instruments and documents as may reasonably be required by the solicitor of the Municipality for the purpose of giving priority of registration to this Agreement CONSTRUCTION, COMMENCEMENT AND COMPLETION 11.1 The Developer agrees to commence construction of the municipal and internal services required herein within 12 months from the date of registration of this Agreement, and further agrees to complete all such services within 24 months from the date of registration of this Agreement If the municipal services and internal services to be constructed by the Developer under this Agreement are not completed and accepted by the Municipality within the above timeframe, the Municipality may: Site Plan Agreement: Lands of The TDL Group Corp. Page 7 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 165 of 251

166 a) give notice to the Developer, and any lender to the Developer who has given to the Municipality, a written request for notice, to stop work on the said services, and to provide that no further work shall be done with respect to such services until an amending agreement, incorporating the standards, specifications and financial requirements of the Municipality, in effect as of that date, is executed by all parties; or b) give notice to the Developer, and any lender to the Developer who has given to the Municipality, a written request for notice, to stop work on the said services and inform the Developer that the Municipality proposes to realize on its security and proceed with all or part of the construction in accordance with the provisions of the plans filed with the Municipality EMERGENCY SITUATION 12.1 If, as a result of any work undertaken or not completed by the Developer, its 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 Developer, but notice shall be given to the Developer 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 ATTACHED SCHEDULES 13.1 It is agreed that everything included in this Agreement and the Schedules attached hereto, together with all engineering drawings, plans and undertakings filed by the Developer and accepted by the Municipality, or by any government agency, shall be included in, and form part of, this Agreement LIGHTING / GARBAGE COLLECTION / SNOW REMOVAL / LANDSCAPING 14.1 All outdoor lighting shall be environmentally sensitive lighting using full cutoff luminaries wherever possible, and be compliant with Drawing No. EL and ILL, listed in Schedule "B" attached hereto The Developer covenants and agrees to establish an effective solid waste management program on the said lands, which is to include the proper sorting and recycling of materials. The Developer acknowledges that there is no municipal garbage collection and agrees to take all garbage to a licensed municipal landfill site The Developer shall provide suitable containers for the disposal of garbage throughout "the subject lands" to ensure regular garbage collection. The garbage containers will be animal proof containers, used for the short-term collection of solid waste, only until such time as it can be transported to a licensed municipal landfill site. The Developer agrees to arrange for regular inspections of "the subject lands" to ensure the proper care and control of garbage The Developer shall cause all snow to be removed from all walkways, parking areas, loading and unloading facilities, access ramps and driveways located on the said lands. The removal and storage of such snow shall not reduce the total number of required parking spaces, nor cause damage whatsoever, by flooding or otherwise, to the adjoining lands. In this respect, the Developer shall, if necessary, make arrangements to physically remove such snow from the said lands. The removal of such snow may require the Site Plan Agreement: Lands of The TDL Group Corp. Page 8 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 166 of 251

167 trucking of same to another location for proper disposal. Neither the Developer nor its agents will deposit any snow on any municipally, county or provincially owned property The developer agrees to install all landscaping as shown on Drawing No. LP, listed in Schedule "B" attached hereto WARRANTIES ON-SITE SERVICES AND MUNICIPAL SERVICES 15.1 A 1-year maintenance period, to guarantee that the on-site services to be constructed by the Developer in accordance with Section 4.1 of this Agreement are free from defects of construction, shall commence after the installation, inspection and certification of the said services by the Developer's engineer and acceptance by the Municipality A 2-year maintenance period, to guarantee that the municipal services to be constructed by the Developer in accordance with Section 3.1 of this Agreement are free from defects of construction, shall commence after the installation, inspection and certification of those municipal services by the Developer's engineer and acceptance by the Municipality INDEMNIFICATION FROM LIABILITY AND RELEASE 16.1 The Developer covenants and agrees with the Municipality, on behalf of itself, its successors and assigns, to indemnify and save harmless the Municipality, its officers, employees and agents from and against any and all actions, suits, claims and demands of every nature and type whatsoever that may arise either directly or indirectly by reason of any work performed by the Developer, or on his behalf, in connection with the carrying out of the provisions of this Agreement, or by reason of the Developer's failure to perform any of the works required herein The Developer further covenants and agrees to release and forever discharge the Municipality, its officers, employees and agents from and against all actions, suits, claims and demands of every nature and type whatsoever, that may arise as a result of the failure of the Municipality to carry out any of its obligations under this Agreement, or, as a result of the Municipality performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, or, as a result of the Municipality entering upon the said lands for the purpose of correcting any default of the Developer, provided that any personal injury or property damage was not caused as a result of negligence on the part of the Municipality, its officers, employees or agents MODIFICATION OF SERVICES 17.1 If, at any time and from time to time during the construction of the development, the Municipal Engineer, in his sole discretion, is of the opinion that a modification of design of any services required to be installed under the provisions of this Agreement is occasioned by site conditions, or is necessary to maintain the standard or any of the municipal services related thereto, the Developer shall, on reasonable notice, construct, install, or perform such modifications of services as may be required. Site Plan Agreement: Lands of The TDL Group Corp. Page 9 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 167 of 251

168 18.0 ESTOPPEL OF THE DEVELOPER 18.1 The Developer agrees not to 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 term, covenant and condition contained herein and this Agreement may be pleaded as an estoppel against the Developer in any such proceedings. PART 5: LETTERS OF CREDIT, APPLICATION/REALIZATION 19.0 APPLICATION OF LETTER OF CREDIT AND SECURITY 19.1 Any letter of credit or security filed with the Municipality is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all letters of credit or security received by the Municipality may be used as security for any item or any other matter, which under the terns of this Agreement is the responsibility of the Developer DEFAULT REALIZATION OF SECURITY OR DEPOSITS 20.1 Default: if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Municipality to realize on its security or deposits, then the Municipality, its officers, employees and agents shall, if the Municipality so elects, have the right and the privilege at all times, upon 5 days prior notice in writing of its intensions to the Developer, and any lender to the Developer who has given to the Municipality a written request for notice, except in cases of emergency, to enter upon "the subject lands" for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement Exceeding Cost Estimates: 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 Developer 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 Save Harmless: the Developer on behalf of itself, its successors and assigns agrees 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 caused as a result of negligence on the part of the Municipality, its officers, employees or agents The Construction Lien Act, R.S.O., 1990: if the Municipality becomes obligated to make any payments, or pay any costs under the provisions of the Construction Lien Act arising out of any works performed by the Developer, or on behalf of the Developer, this will constitute a default and entitle the Municipality to realize upon its security Notice to the Developer: subject to Paragraph 12 herein, the Municipality covenants and agrees that, if in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Municipality to realize upon its security or deposits, the Municipality shall give the Developer 5 days prior notice in writing of its intention to realize upon the security or the deposits. In the event that the Developer fails to Site Plan Agreement: Lands of The TDL Group Corp. Page 10 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 168 of 251

169 cure any default within the said 5 days notice period, the Municipality shall be entitled to realize upon its security or deposits without further notice to the Developer in accordance with the provisions of this Agreement Other Remedies for Default: 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 Developer under this Agreement LETTERS OF CREDIT - SURPLUS FUNDS 21.1 In the event that the Municipality cashes a letter of credit to complete or satisfy any works or obligations of the Developer 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 APPLICATION FOR REDUCTION/RELEASE OF SECURITY ON COMPLETION OF MUNICIPAL SERVICES AND INTERNAL SERVICES 22.1 On completion of construction of the municipal services and internal services the following procedures shall be taken before any further reduction or release is made of the security: a) Letter of Request: the Developer shall file a letter of request with the Municipal Clerk. b) Engineer's Certificate: accompanying the letter of request, shall be a letter from the Developer's engineer confirming that work required under this Agreement has been completed in accordance with the specifications and requirements of this Agreement and that the final inspection for such work has been completed. c) "As Constructed Drawings": there shall be filed with the Municipality "as constructed drawings", when required under this Agreement. d) Calculation of Lien Holdback: There shall be a calculation as to the amount to hold back under the Construction Lien Act (10% of the total construction cost for the municipal services). e) Maintenance Security: the Municipality shall determine the maintenance security and this shall be filed with the Municipality pursuant to the provisions of Schedule "D" attached hereto. f) Workplace Safety and Insurance Certificate: there shall be filed with the Municipality a certificate from the Workplace Safety and Insurance Board pursuant to the provisions of the Workplace Safety and Insurance Act confirming that the contractor who constructed the municipal services has remitted all payments required under the Act. g) Declaration as to Accounts: there shall be filed with the Municipality a statutory declaration that all accounts for labour, equipment and materials, payable in connection with the construction, installation and maintenance of the municipal services have been paid in full. h) Construction Liens: there shall be a search to determine that no construction liens have been filed which affect the Municipality. Site Plan Agreement: Lands of The TDL Group Corp. Page 11 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 169 of 251

170 PART 6: NOTICES/INTERPRETATION 23.0 NOTICES 23.1 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 TIME OF THE ESSENCE 24.1 The parties hereto agree that time shall be of the essence in this Agreement INTERPRETATION 25.1 In all cases, the necessary grammatical changes required to make the provisions of this Agreement apply to corporations or individuals, males or females, singular or plural, will be assumed, as though in each case fully expressed The term "Municipal Engineer" as used in this Agreement shall refer to the engineer appointed by the Municipality for this development, or any part thereof, or any designated employee of the Municipality, including the Chief Building Official The term "Developer's engineer" as used in this Agreement shall refer as a minimum to the following: a) with respect to the storm water management system: a professional engineer, registered to practice in the Province of Ontario; b) with respect to the drinking water system: a professional engineer, registered to practice in the Province of Ontario; c) with respect to the connection to municipal sewers: a professional engineer, registered to practice in the Province of Ontario; d) all building and site servicing plans not mentions in (a), (b) or (c) above: an engineer or architect, registered to practice in the Province of Ontario; 25.4 All covenants, rights, advantages, privileges, immunities, powers and things hereby secured to the Municipality shall be equally secured to and exercised by its successors and assigns as the case may be. Site Plan Agreement: Lands of The TDL Group Corp. Page 12 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 170 of 251

171 25.5 All covenants, liabilities and obligations entered into and imposed hereunder upon the Developer shall be equally binding upon his, her, its or their heirs, executors, administrators and assigns, or successors and assigns as the case may be, and that all such covenants and liabilities and obligations shall be joint and several. IN WITNESS WHEREOF following dates: the parties hereto have executed this Agreement on the By the Developer on the day of 2012 THE TDL GROUP CORP. Name: Title: Name: Title: We have authority to bind the Corporation By the Municipality on the day of 2012 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 Office: Clerk We have authority to bind the Corporation Site Plan Agreement: Lands of The TDL Group Corp. Page 13 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 171 of 251

172 SCHEDULE "A" THIS IS SCHEDULE "A" TO THE SITE PLAN AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND THE TDL GROUP CORP. DESCRIPTION OF THE LANDS The lands affected by this Agreement are described as Part of Lot 12, Concession 8, further described as Part, Plan 19R-, in the geographic Township of Dysart, Municipality of Dysart et al, County of Haliburton, being all of PIN Number. Site Plan Agreement: Lands of The TDL Group Corp. Page 14 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 172 of 251

173 SCHEDULE "B" THIS IS SCHEDULE "B" TO THE SITE PLAN AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND THE TDL GROUP CORP. PLANS 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 Municipality of Dysart et al, in Haliburton, Ontario: No. Drawing Title Author Date General Notes and Specifications TDL Group Corp. SUR Survey Plan D.A. Wilton, OLS per BML June 1/11 Rev: Oct. 13, 11 SP Site Plan BML April 27/12 SP-TT Site Plan BML March 08/12 SP-TT-2 Site Plan BML December 15/11 SP-TT-3 Site Plan BML December 15/11 SG Serv/Grading BML April 18/12 LP Landscaping BML April 18/12 EL Electrical Plan BML March 08/12 ILL Illumination Plan BML March 08/12 EC Erosion Control BML April 18/12 A5 Exterior Elevations xx February 2012 A5.1 Exterior Elevations xx February 2012 TYP1 Typical Details BML October 13/11 TYP2 Typical Details BML October 13/11 Proposed Tim Hortons Brandon M. Lawrence March 8, 2012 County Road 21, Haliburton, On rev: April 19 th, 2012 Storm Water Management Report SWM1 Storm Water Pre BML October 13/11 SWM2 Storm Water Post BML March 8/12 Traffic Impact Study Proposed Tim Hortons Restaurant MMM Group Limited February 2012 County Road 21, County of Haliburton Addendum, Letter # 1 May 26, 2012 Site Plan Agreement: Lands of The TDL Group Corp. Page 15 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 173 of 251

174 SCHEDULE "C" THIS IS SCHEDULE "C" TO THE SITE PLAN AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND THE TDL GROUP CORP. 1.0 DEVELOPER'S ENGINEER ENGINEERING PROVISIONS 1.1 The Developer's engineer shall carry out all design work, prepare plans, specifications, provide such information as is required by the Municipal Engineer, estimate costs, prepare and submit the necessary applications for approvals, contract on behalf of the developer for the construction or installation of the said services, call tenders, report on tenders received, construction layouts, job records, obtain and record "as constructed" information, provide resident inspection and general supervision and prepare progress reports and progress payment certificates. The Municipality may, at the discretion of the Municipal Engineer, place a municipal inspector on the work, at the expense of the Developer. 2.0 INSPECTION BY THE MUNICIPALITY 2.1 The Municipal Engineer or his designate shall have the right to inspect the installation of the works and services at all times. 2.2 If, at any time, the work and construction of the services, is in the opinion of the Municipal Engineer, not being carried out in accordance with the plans and specifications, or in accordance with good engineering practice, then the Municipal Engineer may stop all or any part of the work on the installation of the services for any length of time until such work has been placed in satisfactory condition, and in the event that the Municipal Engineer deems that the work has not been proceeded within a proper manner, then he may stop the work by the contractor and require that another contractor be placed on the job to complete such works, and the cost involved in such replacement and completion of the work shall be paid for by the Developer. 3.0 INCOMPLETE OR FAULTY WORK 3.1 In the event that the Developer fails to install the herein required municipal services within the time specified, or if in the sole opinion and discretion of the Municipal Engineer the Developer: a) is not completing or causing to be completed the work required in connection with this Agreement with due diligence, and/or b) is improperly performing the work; and/or c) is causing unreasonable delays so the conditions of this Agreement are not being complied with, or are being carelessly executed, and/or d) is refusing to re-do, or is again performing such work as may be rejected by the Municipal Engineer as defective or unsuitable; and/or e) is in default of the performance of the terms of this Agreement, then in such case, the Municipal Engineer may notify the Developer of such default or neglect and may specify the time within with such default or Site Plan Agreement: Lands of The TDL Group Corp. Page 16 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 174 of 251

175 neglect shall then be remedied, and if it is not remedied by the specified time, then: i) the Municipal Engineer shall have the full authority to stop all work by the Developer, its servants or agents and if the Municipality so elects it may purchase such materials, tools and machinery and employ such workman or contractors as in the Municipal Engineer's opinion shall be required to complete such work; and ii) the Municipality shall be entitled to realize on its securities with notice to the Developer, as provided in Section 21.5 of this Site Plan Agreement, in order to provide funds for the payment of any work undertaken by the Municipality (provided that if the Municipality realizes on its security it shall not be obligated to complete that said work, but may elect to hold such sums as cash reserves pending the completion of the work by the Developer); and iii) in the event that the cost of any work performed by the Municipality exceeds the realizable value of the security available to the Municipality, then the Developer shall within 30 days of demand by the Municipality, reimburse the Municipality for such excess expenses, and if it is not paid within the 30 days, such unpaid balance shall bear interest at a rate of 15% per annum and if not paid may be applied as a charge on the said lands by the Municipality. 4.0 CONSTRUCTION LIEN ACT 4.1 The Developer agrees that he will hold back his payment to any contractor, who may construct services, such amounts as may be required under the Construction Lien Act of Ontario. 5.0 REPAIR OF DAMAGE 5.1 The Developer shall be responsible for the repair of any damage (including the removal of foreign materials on municipally owned land) caused as a result of any construction or site alteration being performed by the Developer pursuant to the provisions of this Agreement or pursuant to any building permit issued by the Municipality to the Developer. 6.0 OWNERSHIP OF MUNICIPAL SERVICES 6.1 The parties hereto agree that once accepted by the Municipality, the municipal services constructed pursuant to the provisions of this Agreement on municipal lands, shall be exclusively owned by the Municipality. 7.0 WORK AND INSPECTION CHARGES TO THE DEVELOPER 7.1 The cost of any work, including inspections performed by the Municipality pursuant to the provisions of this Agreement, shall be calculated by the Municipal Engineer, whose decision shall be final and binding. 7.2 Engineering and inspection costs shall be determined by the scale of fees as recommended by the Association of Professional Engineers of Ontario (hereinafter called "APEO") for consulting engineering services, and for all other work charges at a rate of 100%, for the cost of labour, equipment and material. Such sum shall be payable by the Developer on demand, it being understood and agreed that the Municipality would not have executed this Site Plan Agreement: Lands of The TDL Group Corp. Page 17 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 175 of 251

176 Agreement without the assumption by the Developer of all financial obligations imposed by this Agreement. 8.0 ACCESS DURING CONSTRUCTION 8.1 If, by the provisions of this Agreement, the Developer is required to construct the municipal services, he shall maintain access to all properties adjacent to the municipal services being constructed, during the period of construction, so that the owners of such properties shall have proper and safe ingress and egress to their property. 9.0 ACCEPTANCE DATES, GUARANTEES AND MAINTENANCE PERIODS 9.1 If, by the terms of this Agreement, the Developer is required to construct municipal services or internal services, he shall do so within the time stipulated by Section 11, " Construction, Commencement and Completion", of this Site Plan Agreement, and does hereby guarantee the workmanship and the materials of the installation of the work and services required herein, and maintain the same from defects therein for the periods as set out in Section 15, " Warranties On-Site Services and Municipal Services" of this Site Plan Agreement: 9.2 All defects in the municipal services or the applicable internal services will be promptly and properly repaired by the Developer to the complete satisfaction of the Municipal Engineer. 9.3 Any action by the Municipality, by itself or through its servants, contactors or agents for removal of snow and ice, or sanding, or washing, or cleaning of the road, or permitting the connection of additional services to the services herein required to be constructed, during the said guarantee or maintenance period may be done without prejudice to the Municipality's right to enforce the guarantee and maintenance provisions herein provided RELOCATION OF SERVICES 10.1 It shall be the responsibility of the Developer to make the necessary arrangements and be responsible for the costs for the removal and relocation of any existing Municipal or other utility services which require relocation in the course of, or in connection with, the construction to be performed under this Agreement. Site Plan Agreement: Lands of The TDL Group Corp. Page 18 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 176 of 251

177 SCHEDULE "D" THIS IS SCHEDULE "D" TO THE SITE PLAN AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND THE TDL GROUP CORP. CASH PAYMENTS AND SECURITIES The Developer shall on the dates specified herein, lodge with the Municipality the following described cash payments and security. 1.0 SECURITY 1.1 The Developer agrees to file security, in the amount or amounts hereinafter set out to guarantee: a) construction of the municipal services required by Paragraph 3.0 of this Agreement; b) construction of the internal services required by Paragraph 4.0 of this Agreement; and c) due compliance with all the provisions and obligations set out in this Agreement. 1.2 The security shall be deposited with and retained by the Municipality for the periods set out below. 2.0 TYPE OF SECURITY 2.1 Any security required to be filed under this Agreement, shall be by certified cheque or letter of credit. 2.2 If security is by letter of credit, it shall be valid for a period of 1 year, with extensions provisions, and prepared in a form provided by the Municipality. It shall be drawn on a Schedule A Chartered Bank of Canada and shall be for the amount hereafter set out. 3.0 CASH PAYMENTS FOR THE MUNICIPALITY 3.1 The following cash payments are to be paid to the Municipality prior to the execution of this Agreement by the Municipality. In the event that the actual costs incurred by the Municipality exceeds the deposits, such excess shall be invoiced to the Developer and be due and payable within 30 days after demand: a) Legal and Engineering Deposit: $ b) Contribution to sidewalks: $ (to be discussed) c) Capital Cost - Municipal Sewers (ERU): $18, (5 ERU's required 1 ERU existing = 4 ERU's) Site Plan Agreement: Lands of The TDL Group Corp. Page 19 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 177 of 251

178 4.0 SECURITY SUMMARY TO THE MUNICIPALITY 4.1 The following security is to be deposited with the Municipality prior to the execution of this Agreement by the Municipality. a) for on-site services as described in Schedule "E": $ (based upon 40% of work cost estimate) b) for municipal services as described in Schedule "E": $ (based upon 100% of work cost estimate) 5.0 SECURITY SUMMARY FOR WARRANTY PERIOD 5.1 The following security is to be deposited with the Municipality upon acceptance of the services by the Municipality. a) for on-site services as described in Schedule "E": $ (based upon 15% of the work cost estimate) b) for municipal services as described in Schedule "E": $ (based upon 15% of the work cost estimate) 6.0 ADDITIONS TO SECURITY 6.1 The parties hereto agree, that in the event that the contract price for the services set out in Schedule "E" attached hereto, is greater by 10% than the estimates in the said Schedule, then the security provided for above, shall be increased to an amount equal to the tendered contract price. Site Plan Agreement: Lands of The TDL Group Corp. Page 20 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 178 of 251

179 SCHEDULE "E" THIS IS SCHEDULE "E" TO THE SITE PLAN AGREEMENT BETWEEN THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE AND THE TDL GROUP CORP. On Site Services: WORK COST ESTIMATES Storm Water Management: Landscaping/ Lighting/Parking Facility/Miscellaneous: Total $ $ $ Municipal Services: Connection to Municipal Sewers: $ Construction of Driveway Entrance: (as per agreement with County of Haliburton) Site Plan Agreement: Lands of The TDL Group Corp. Page 21 of Draft Site Plan Agreement, TDL Group, County Road 21, Page 179 of 251

180 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 14th, 2012 Re: By-law A By-law to Prescribe a Tariff of Fees Planning Applications Recommendation: that By-law , which is a by-law to prescribe a tariff of fees for planning applications be read a first, second and third time, passed, signed and the corporate seal attached thereto. Background: The Municipality charges fees to recover the cost of processing planning applications. In some cases these fees include a deposit to cover the cost of legal and engineering fees. By-law proposes an increase to the deposit portion of the application fee and an increase to the administration fee for subdivision and condominium applications. It proposes a new application fee to cover the cost to prepare a responsibility agreement. Change to deposit: The lawyer, who registers our site plan, severance and subdivision agreements, recently increased his fees for this service. The deposit that we charge applicants no longer accommodates his fees. An increase to the deposit is required. Change to Municipal Administration Fee: The Municipality was not covering the cost to process subdivision and condominium applications. These applications include the cost to process the application and the cost to prepare the required agreements. An increase to the application fee is required. Previously, there was no application fee charged for a responsibility agreement. The cost to prepare these agreements was recovered by invoicing the expense. A new application fee is required. Summary: By-law amends By-law and updates the fees charged for planning applications. The new fee structure reflects the cost to process applications. Financial Implications: see fee cost comparison table attached. Attachments: the following is attached to this report: application fee cost comparison table. By-law By-law : Tariff of Fees for Planning Applications Page 1 of 1 6. By-law , amend By-law , Tariff of fees for planning Page 180 of 251

181 COST COMPARISON TABLE PLANNING APPLICATION FEES Application Current Fee Proposed Fee Comments Minor Variance $ No change Zoning By-law Amendment $ any peer review fees or fees for other legal and/or other professional services. No change - A deposit is required for the peer review of supporting reports and legal and/or professional advice (see below). Release Holding Provisions Nil No change Official Plan Amendment $ deposit No change - The full cost of processing will be invoiced to applicant. Severance Nil No change - A deposit is required for the peer review of supporting reports and legal and/or professional advice (see below). - The account will be reconciled once the file is complete and the balance will be returned. Plan of Subdivision/ Condominium (includes agreement) $ deposit ($ nonrefundable administration fee) $ deposit ($ non-refundable administration fee) - The full cost of processing will be invoiced to applicant. - A deposit will be required for the peer review of supporting reports and legal and/or professional advice (see below). Deeming By-law $ ($ non-refundable administration fee) $ ($ nonrefundable administration fee) - The account will be reconciled once the file is complete and the balance will be returned. Severance and Site Plan Agreements $ ($ non-refundable administration fee) $ ($ nonrefundable administration fee) - The full cost of processing will be invoiced to applicant. - A deposit will be required for the peer review of supporting reports and legal and/or professional advice (see below). - The account will be reconciled once the file is complete and the balance will be returned. Responsibility Agreements Nil $ ($ nonrefundable administration fee) - The full cost of processing will be invoiced to applicant. - Prepared by municipal lawyer - A deposit will be required for the peer review of supporting reports and legal and/or professional advice (see below). - The account will be reconciled once the file is complete and the balance will be returned. 6. By-law , amend By-law , Tariff of fees for planning Page 181 of 251

182 Road Closing By-law $ deposit + $ deposit for appraisal if required (includes the $ administration fee.) No change Purchase Price: No change - SRA $ / 1 st 150 ' + $4.00 / ft thereafter - ORA: by appraisal - R/A on Plan: by appraisal - Buildings on R.A: $ Legal + survey costs as billed by the lawyer/surveyor Peer Review Expenses and Legal and/or Professional Advice Ontario Municipal Board Hearings $ deposit $ Additional fees are requested as necessary - The account will be reconciled once the file is complete and the balance returned. $ deposit No change - The applicant is responsible for all legal and professional fees and will be billed accordingly. 6. By-law , amend By-law , Tariff of fees for planning Page 182 of 251

183 THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE BY-LAW NO BEING A BY-LAW TO PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF APPLICATIONS MADE IN RESPECT OF PLANNING MATTERS WHEREAS Section 69 of the Planning Act R.S.O. 1990, c. P.13, as amended, provides the statutory authority for a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters. AND WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c.25 provides the statutory authority for a by-law prescribing fees and charges for the processing of applications made in respect of services or activities provided or done by a municipality and for the use of its property. NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts as follows: 1. The fee for each application for a Certificate of Occupancy is $ (Section 34(6) of the Planning Act) 2. The fee for each application for a deeming by-law is $ The fee includes a nonrefundable administration fee of $ and a fee to register the by-law in the Land Registry Office for the County of Haliburton. (Section 50(4) of the Planning Act) 3. The fee for each application for a minor variance is $ If the application is referred to the Ontario Municipal Board for a hearing, Paragraph 12 applies. (Section 45 of the Planning Act) 4. The fee for each application for a zoning by-law amendment is $ If the Municipality requires the services of a solicitor, surveyor, engineer or other professional to complete the review of the application, Paragraph 11 applies. If the application is referred to the Ontario Municipal Board for a hearing, Paragraph 12 applies. (Section 34 of the Planning Act) 5. The fee for each application for an official plan amendment is $ The application fee is considered a deposit towards the total cost to process the application. If the Municipality requires the services of a solicitor, surveyor, engineer or other professional to complete the review of the application, Paragraph 11 applies. If the application is referred to the Ontario Municipal Board for a hearing, Paragraph 12 applies. (Section 22 of the Planning Act) 6. The fee for the review of an application for a subdivision or condominium application is $ of which $ is a non-refundable administration fee. The application fee is considered a deposit towards the total cost to process the application and the corresponding subdivision agreement. If the Municipality requires the services of a solicitor, surveyor, engineer or other professional to complete the review of the application, Paragraph 11 applies. If the application is referred to the Ontario Municipal Board for a hearing, Paragraph 12 applies. (Section 51 of the Planning Act) 7. The fee for each application for a site plan agreement is $ of which $ is a non-refundable administration fee. The application fee is considered a deposit towards the total cost to process the application and to register the agreement in the Registry Office for the County of Haliburton. If the Municipality requires the services of a solicitor, surveyor, engineer or other professional to complete the review of the Page 1 6. By-law , amend By-law , Tariff of fees for planning Page 183 of 251

184 application, Paragraph 11 applies. If the application becomes the subject of an Ontario Municipal Board hearing, Paragraph 12 applies. (Section 41(7)(c) of the Planning Act) 8. The fee for each application for a responsibility agreement is $ of which $ is a non-refundable administration fee. The application fee is considered a deposit towards the total cost to process the application and to register the agreement in the Registry Office for the County of Haliburton. The Municipality will recover the cost for the Municipal solicitor to prepare the agreement and for the Municipal engineer to peer review the required hydrogeology study and accompanying plans. Paragraph 11 applies. 9. The fee for each application for a severance agreement is $ of which $ is a non-refundable administration fee. The application fee is considered a deposit towards the total cost to process the application and to register the agreement in the Registry Office for the County of Haliburton. If the Municipality requires the services of a solicitor, surveyor, engineer or other professional to complete the review of the application, Paragraph 11 applies. If the application becomes the subject of an Ontario Municipal Board hearing, Paragraph 12 applies. (Section 51(26) of the Planning Act). 10. The fee for each application for a license of occupation agreement is $ The application fee is considered a deposit towards the total cost to process the application. If the Municipality requires the services of a solicitor, surveyor, engineer or other professional to complete the review of the application, Paragraph 11 applies. (Sections 9 and 11 of the Municipal Act). 11. The fee for each application to purchase a road allowance is $ The application fee is considered a deposit towards the total cost to process the application. (Section 27 of the Municipal Act) The following set municipal costs will be invoiced back to applicant upon passage of the road closing by-law: Municipal Administration: - $ Purchase Price: - Shoreline Road Allowance: - $ for the first 150 feet of water frontage plus $4.00 per foot of frontage thereafter. - Original Road Allowance: - set by appraisal. - Road Allowance on Plan: - set by appraisal. - Buildings on Road Allowance: - $ per building encroaching allowance. Advertising: - as billed by The Echo Appraisal: - as billed by the Appraiser Surveying: - applicant to arrange directly with Surveyor. Legal: - as billed by the Lawyer. 12. The Municipality shall charge against the deposits referred to in Paragraphs 4 through 10 inclusive, all costs relating to the processing of the application. These costs may include all planning fees, legal fees, engineering fees, fees of other professionals, registration fees, disbursements, reproduction costs, postage, advertising, telephone charges, facsimile charges, peer review fees and any other reasonable costs which may be incurred by the Municipality. Where the services of the municipal solicitor, the municipal engineer or other profession is required to process an application, a deposit of $ will be submitted by the applicant, upon submission of the application. Additional funds may be requested from time to time, to fully cover the municipal expenses. Work will not Page 2 6. By-law , amend By-law , Tariff of fees for planning Page 184 of 251

185 be completed by the Municipality, its solicitor or consultants until such deposit has been paid by the applicant. 13. If Council supports an application and its decision on the application is appealed to the Ontario Municipal Board by someone other than the applicant, the applicant will be responsible for all Municipal costs to defend the decision. These costs may include all planning fees, legal fees, engineering fees, fees of other professionals, disbursements, reproduction costs, telephone charges, facsimile charges, peer review fees and any other reasonable costs which may be incurred by the Municipality. The applicant will submit a deposit of $ to the Municipality, upon submission of the file to the Ontario Municipal Board. Additional funds may be requested to fully cover the Municipal expenses. Work will not be completed by the Municipality, its solicitor or consultants until such deposit has been paid by the applicant. 14. The Municipality will keep an accurate record of all costs incurred with respect to planning applications. Upon completion of the processing of an application, the Municipality will reconcile the account for the applications noted in Paragraphs 5 to 10 inclusive or applications where a deposit has been paid pursuant to Paragraphs 11 and/or 12. A refund of the deposit will be made with the exception of those costs incurred by the Municipality, as determined by the Municipal Planner. If the cost to process an application exceeds the deposit, the applicant will be responsible for the additional costs and will pay such costs upon invoice by the Municipality. 15. This By-law shall come into force and effect on the date of passing. 16. By-law is hereby repealed. READ a first, second and third time, signed and the Corporate Seal attached hereto this 27th day August, Reeve: Murray Fearrey Clerk: Cheryl Coulson Page 3 6. By-law , amend By-law , Tariff of fees for planning Page 185 of 251

186 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: From: Reeve Fearrey and Members of Council Jeff Iles GIS Technician/Planning Assistant Date: August 21, 2012 Re: Road Closing By-law Haliburton Lake Hodgson Road Adjacent to the Lands of Greif Bros Canada Inc. Roll Nos.: Geographic Township of Harburn Recommendation: Be it resolved that By-law , which is a by-law to stop up, close and convey a portion of the Unnamed Road, Registered Plan No. 226, in the geographic Township of Harburn, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. By-law hereby rescinds By-law Background: Greif Bros. Canada Inc. has applied to the Municipality to purchase a road allowance described as Part of Unnamed Road, Pan 224. This road is now the easterly extension of Hodgson Road. This road allowance will be conveyed to Greif Bros Canada Inc. and become part of the common element condominium roadway that will service the proposed subdivision on Haliburton and Percy Lakes, as per the condition of Draft Subdivision/Condominium approval for 46T , 46T and 46T A right-of-way will be granted by the Municipality to existing users of the road, specifically Lots 1 to 8 and Area of User Common, Plan 226 as well as the owner of Part Lots 14 and 15, Concessions 3 and 4. An easement will be granted to Bell Canada prior to the conveyance of the road allowance. The notice and circulation requirements for the application are complete and no specific concerns have been identified. By-law was passed on March 26 th, 2012 with respect to this application. Hydro- One Inc. does not require an easement. Summary: Staff recommend approval of road closing By-law Financial Implications: Attachments: The purchase price for the portion Unnamed Road, Registered Plan No. 226 was set by Council, following review of an appraisal. By-law , Key Map and Site Plan. 7. ORA By-law , Greif Bros. Canada Ltd., Hodgson Page 186 of 251

187 THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE BY-LAW NO BEING A BY-LAW TO CLOSE, STOP UP AND CONVEY PART OF UNNAMED ROAD, REGISTERED PLAN NO. 226 IN THE GEOGRAPHIC TOWNSHIP OF HARBURN, 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 a road allowance shown on a plan of subdivision 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 a portion a of road allowance described as Part of Unnamed Road, Registered Plan No. 226, in the geographic Township of Harburn, 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 Unnamed Road, Registered Plan No. 226, in the geographic Township of Harburn, further described as Part 1, Plan 19R-9255 to be sur+plus. AND WHEREAS the registered owners of the property defined as Lot 1, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Lot 2, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Lot 3, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Lot 4, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Lot 5, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Lot 6, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R / 7. ORA By-law , Greif Bros. Canada Ltd., Hodgson Page 187 of 251

188 -2- AND WHEREAS the registered owners of the property defined as Lots 7 and 8, Registered Plan 226 and further described in PIN: gain access to their property over Part 1, Plan 19R-9255 and the Council of the United Townships of Dysart et al wishes to ensure longterm access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Area of User Common, Registered Plan No. 226 and further described in PIN: gain access to their property over Part 1, Plan 19R-9255 and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS the registered owners of the property defined as Lots 14 and 15, Concessions 3 and 4 and further described in PIN: gain access to their property over Part 1, Plan 19R-9255 and the Council of the United Townships of Dysart et al wishes to ensure long-term access to these lands by granting a right-of-way over the said Part 1, Plan 19R AND WHEREAS Bell Canada has requested an easement over Part 1, Plan 19R AND WHEREAS Council of the Corporation of the United Townships of Dysart et al has agreed to convey the said Part 1, Plan 19R-9255 to Greif Bros Canada Inc. for road purposes, subject to the rights of way and easements above set forth. 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 1, Plan 19R-9255 to Greif Bros Canada Inc. in partial fulfilment of the conditions of draft approval for file 46T with the intention that the land become part of the common element roadway created by file 46T , 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 notice of this By-law has been published once a week for two consecutive weeks in the Haliburton County Echo, a newspaper published in the hamlet of Haliburton. 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. 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 road allowance described as Part of Unnamed Road, Registered Plan No. 226, further described as Part 1, Plan 19R a plan of survey prepared by Paul Wilson 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 1 on Plan 19R-9255 hereinbefore described will be closed and conveyed to Greif Bros. Canada Inc. in partial fulfilment of the conditions of draft approval for file 46T with the intention that the land become part of the common element roadway created by file 46T That the Council of the Corporation of the United Townships of Dysart et al sets the sale price for the Percy Lake Road extension which was closed by By-law and the Hodgson Lake Road extension described as Part 1, Plan 19R-9255 at $19, in accordance with the appraisal obtained as per the Municipality s standard policy for the sale of road allowances. The outstanding balance pertaining to the Hodgson Lake Road extension is $ / 7. ORA By-law , Greif Bros. Canada Ltd., Hodgson Page 188 of 251

189 -3-4. That prior to the conveyance of Part 1, Plan 19R-9255 an easement will be granted to Bell Canada over Part 1, Plan 19R-9255 hereinbefore described and closed. 5. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lot 1, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 6. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lot 2, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 7. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lot 3, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 8. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lot 4, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 9. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lot 5, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 10. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lot 6, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 11. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lots 7 and 8, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 12. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Area of User Common, Registered Plan No. 226 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 13. That prior to the conveyance of Part 1, Plan 19R-9255 a right-of-way will be granted for the benefit of the property defined as Lots 14 and 15, Concessions 3 and 4 and further described in PIN: over Part 1, Plan 19R-9255 hereinbefore described and closed. 14. That By-law is hereby rescinded. 15. That the Reeve and the CAO/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 1 on 19R-9255 READ a first, second and third time and finally passed, signed and the Corporate Seal attached thereto this 27 th day of August, Reeve: Murray Fearrey Clerk: Cheryl Coulson 7. ORA By-law , Greif Bros. Canada Ltd., Hodgson Page 189 of 251

190 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Jeff Iles GIS Technician/Planning Assistant Date: August 21, 2012 Re: Road Closing By-law Kashagawigamog Lake Adjacent to the Lands of Page Roll Nos.: Geographic Township of Dysart Recommendation: Background: Be it resolved that By-law , which is a by-law to stop up, close and convey a portion of the original shore road allowance in front of Lot 6, Concession 7, in the geographic Township of Dysart, be read a first, second and third time, passed, signed and the Corporate Seal attached thereto. Mr. and Mrs. Page have made application to purchase the shore road allowance in front of their property on Kashagawigamog 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 Financial Implications: Attachments: The purchase price of the shore road allowance was set by the standard Municipal policy for the sale of shore road allowances. By-law , Key Map and Site Plan. 8. SRA By-law , Lands of Page, Autumn Lane, Page 190 of 251

191 8. SRA By-law , Lands of Page, Autumn Lane, Page 191 of 251

192 8. SRA By-law , Lands of Page, Autumn Lane, Page 192 of 251

193 THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN, BRUTON, HAVELOCK, EYRE AND CLYDE BY-LAW NO BEING A BY-LAW TO CLOSE, STOP UP AND CONVEY PART OF THE ORIGINAL SHORE ROAD ALLOWANCE IN FRONT OF LOT 6, CONCESSION 7 IN THE GEOGRAPHIC TOWNSHIP OF DYSART, 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 6, Concession 7, in the geographic Township of Dysart, 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 6, Concession 7, further described as Parts 2 and 3, Plan 19R-9417 to be surplus. AND WHEREAS Council of the Corporation of the United Townships of Dysart et al has agreed to convey the said Part 2, Plan 19R-9417 for addition to the adjacent lands being Part Lot 6, Concessions 7, and further described in PIN 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-9417 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/ 8. SRA By-law , Lands of Page, Autumn Lane, Page 193 of 251

194 -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 6, Concession 7, further described as Parts 2 and 3, Plan 19R-9417 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-9417 hereinbefore described and closed will be closed and conveyed for addition to the lands described as Part Lot 6, Concessions 7, and further described in PIN That the Council of the Corporation of the United Townships of Dysart et al sets the sale price for Part 2 on Plan 19R-9417 at $ in accordance with the Municipality s standard policy for the sale of road allowances. 4. That Part 3 on Plan 19R-9417 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 Parts 2 and 3 on Plan 19R READ a first, second and third time and finally passed, signed and the Corporate Seal attached thereto this 27 th day of August, Reeve: Murray Fearrey Clerk: Cheryl Coulson 8. SRA By-law , Lands of Page, Autumn Lane, Page 194 of 251

195 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 21st, 2012 Re: Conveyance of Land Burleigh Road Geographic Township of Dudley Recommendation: that By-law , which is a by-law to convey part of Burleigh Road to the County of Haliburton for road purposes, be read a first, second, third time, passed and the corporate seal attached thereto. Background: When land in the Municipality was converted to the Land Titles System, it became evident that a portion of County Road 15 (Burleigh Road) was owned by the Municipality, and not the County of Haliburton. The County has requested that the Municipality convey the said lands to them to clear title to the road. Summary: The County of Haliburton has requested that the Municipality convey a portion of Burleigh Road to them to clear title to the said road. Financial Implications: the County will pay the cost of the conveyance. Attachments: the following are attached to this report: By-law ; a key map showing the location of the subject lands; and the PIN Sheet showing the subject lands. Convey Road Allowance: Burleigh Road. Page 1 of 1 9. By-law , Convey Land to the County of Haliburton, Page 195 of 251

196 9. By-law , Convey Land to the County of Haliburton, Page 196 of 251

197 9. By-law , Convey Land to the County of Haliburton, Page 197 of 251

198 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Jeff Iles GIS Technician/Planning Assistant Date: August 14, 2012 Re: Request to Purchase Shore Road Allowance In front of Lot 11, Concession 8, Lot 6, Plan 416 Grass Lake Adjacent to the Lands of Feldman and Atkinson Roll No.: Geographic Township of Dysart Recommendation: Background: Be it resolved that Council approves for processing an application by Mark Feldman and Adelle Atkinson to purchase a portion of the shore road allowance along the shore of Grass Lake in front of their property in Lot 11, Concession 8 and further described as Lot 6, Plan 416 in the geographic Township of Dysart. These lands are declared surplus. Mr. Feldman and Ms. Atkinson have made application to purchase the shore road allowance in front of her property on Grass Lake. The cottage was first assessed in There is no record of assessment for the two sheds located on the shore road allowance. One of the sheds belongs to the neighbour to the East. This neighbour has agreed to move the shed into compliance with the Zoning By-law. The applicants wish to keep the lot lines as currently surveyed. They are speaking to legal counsel to determine the effect this might have. Summary: Financial Implications: Attachments: Staff request approval to process this application. None Key Map, site plan and pictures 10. Application to Purchase Shore Road Allowance, Adjacent Page 198 of 251

199 KEY MAP Application to Purchase Shore Road Allowance In Front of Lot 11, Concession 8, Lot 6, Plan 416 Adjacent to the Lands of Feldman & Atkinson Grass Lake - Peninsula Drive Township of Dysart LOT 11, CON 9 LOT 12, CON 9 Hops Dr µ LOT 13, CON 9 LOT 13, CON 8 Industrial Park Rd LOT 10, CON 9 LOT 12, CON 8 Nimigon Ln LOT 9, CON 9 County Road 21 LOT 11, CON 8 LOT 13, CON 8 Grass Lake Rd LOT 12, CON 8 Grass Lake LOT 9, CON 8 Penny Lane Rd LOT 10, CON 8 Caterpillar Ct Peninsula Rd LOT 11, CON 8 Birch Narrows Rd LOT 11, CON 8 Thornbury Tr LOT 10, CON 8 LOT 12, CON 7 Kashagawigamog Lake LOT 9, CON 8 LOT 8, CON 8 Kipps Ln LOT 10, CON 7 LOT 11, CON 7 Gelert Rd Date: 8/13/2012 LOT 8, CON 7 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. LOT 9, CON 7 Lorne Ln BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO Use of this data does not constitute an endorsment by MNR or the Ontario Government Meters 10. Application to Purchase Shore Road Allowance, Adjacent Page 199 of 251

200 10. Application to Purchase Shore Road Allowance, Adjacent Page 200 of 251

201 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Jeff Iles GIS Technician/Planning Assistant Date: August 14, 2012 Re: Request to Purchase Original Allowance for Road Between Lot 10, Concession 1 in Dysart et al AND Lot 10, Concession 15, in Highlands East Koshlong Lake Chicory Drive Adjacent to the Lands of Thistle Roll No.: Geographic Township of Dysart Recommendation: Background: Be it resolved that Council approves for processing an application by David and Susanne Thistle to purchase a portion of the Original Allowance for Road between Lot 10, Concession 1 in the geographic Township of Dysart and Lot 10, Concession 15 in the geographic Township of Glamorgan, in Highlands East. These lands are declared Surplus. Mr. and Mrs. Thistle have applied to the Municipality to purchase a road allowance described as Part of the Original Allowance for Road between Lot 10, Concession 1 in the geographic Township of Dysart and Lot 10, Concession 15 in the geographic Township of Glamorgan, in Highlands East. At the time of purchase, they were not aware that the cottage, shed and septic system encroached upon the original road allowance. They would like to clear title to these encroachments. The road allowance in question is under joint jurisdiction of the Municipality of Dysart et al and the Municipality of Highlands East. The two jurisdictions must act collectively on any action affecting the said road allowance. At the meeting of November 7 th, 2011, Council reviewed the request. Reeve Fearrey met with Reeve Burton of Highlands East. It has been agreed that the two municipalities will support the closure and conveyance of a 3 metre envelope around the subject encroachments. Summary: Financial Implications: Attachments: Staff request direction and approval to process this application. The purchase price for the subject land will be set by appraisal. Key Map and survey 11. Application to Purchase Original Road Allowance, Adjacent Page 201 of 251

202 LOT 9, CON 2 Township of Dysart LOT 10, CON 2 KEY MAP Application to Purchase Original Allowance for Road Between Lot 10, Concession 1, Dysart et al and Lot 10, Concession 15, Highlands East Adjacent to the Lands of Thistle Koshlong Lake - Chicory Drive LOT 10, CON 2 LOT 11, CON 2 µ LOT 12, CON 1 LOT 9, CON 2 LOT 11, CON 1 LOT 8, CON 2 LOT 10, CON 1 LOT 9, CON 1 Universal Rd Koshlong Lake Rd Before Long Ln LOT 8, CON 1 Chicory Dr Koshlong Lake Turtle Rock Ln Date: 8/14/2012 DISCLAIMER: This map is for planning reference purposes LOT 8, only CON and is 15 not a survey of LOT properties. 7, CON No 1representation 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 LOT of this 7, data CON does not 15constitute an endorsment by MNR or the Ontario Government Meters 11. Application to Purchase Original Road Allowance, Adjacent Page 202 of 251

203 11. Application to Purchase Original Road Allowance, Adjacent Page 203 of 251

204 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 21, 2012 Re: Permission to Use Road Allowance: Lakeview Motel Between Lots 10 and 11, in Concession 9 and Between Concessions 9 and 10, in front of Lot 11 Geographic Township of Dysart Recommendation: that Council grants permission to Ontario Inc., being the registered owner of Part Lot 10, Concessions 8 and 9, (Roll No ), in the geographic Township of Dysart to use a portion of the original allowance for road between Lots 10 and 11, in Concession 9 and between Concessions 9 and 10, in front of Lot 11, in the geographic Township of Dysart for recreation trail purposes. Use is restricted to the location shown generally 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. Background: Mr. John MacDonald, owner of the Lakeview Motel, would like permission to use the above referenced original road allowance for the purpose of a snowmobile trail. He proposes to link his motel to the main B103 snowmobile trail system. He notes that this trail will provide his guests with a safe, alternate access to the main trail system and will keep them off County Road 21. His guests would access this road allowance across the easement granted by the Municipality to the Lakeview Motel. This easement is located at the back of the lands formerly owned by the Municipality and now owned by the Kawartha Lakes Haliburton Housing Corporation (the supportive housing project). 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. Mr. MacDonald has signed the Municipality's Standard Acknowledgement Form. Summary: The owner has requested permission use a portion of an original road allowance for recreation trail purposes. Permission to Use ORA: Lakeview Motel Page 1 of Permission to Use Road Allowance, Lakeview Motel, Page 204 of 251

205 Financial Implications: N/A Attachments: the following are attached to this report: letter of request from Mr. John MacDonald; a key map showing the location of the subject lands. Permission to Use ORA: Lakeview Motel Page 2 of Permission to Use Road Allowance, Lakeview Motel, Page 205 of 251

206 12. Permission to Use Road Allowance, Lakeview Motel, Page 206 of 251

207 12. Permission to Use Road Allowance, Lakeview Motel, Page 207 of 251

208 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 21, 2012 Re: Permission to Use Road Allowance: Haliburton Highlands Nordic Trail Ass'n Between Concessions 9 and 10, in front of Lots 9 and 10 and Between Lots 10 and 11, in Concession 10 Geographic Township of Dysart Recommendation: that Council grants permission to the Haliburton Highlands Nordic Trail Association to use a portion of the original allowance for road between Concessions 9 and 10, in front of Lots 9 and 10 and between Lots 10 and 11, in Concession 10, in the geographic Township of Dysart for recreation trail purposes. Use is restricted to the location shown generally on the sketch attached to the signed Standard Acknowledgement Form. Permission extends to members of the said association or occasional users with valid trail passes and is subject to the terms and conditions outlined in the Municipality's standard acknowledgement form for use of road allowances. Background: The Haliburton Highlands Nordic Trail Association would like permission to use the above referenced original road allowance for the purpose linking the Lakeview Motel to their trail system. The proposed linkage will provide an alternate connection between the motel and the Glebe Park ski trail system and avoid a bridge, which has been deemed unsafe. 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 president of the Haliburton Highlands Nordic Trail Association has signed the Municipality's Standard Acknowledgement Form. Summary: The Haliburton Highlands Nordic Trail Association has requested permission use a portion of an original road allowance for recreation trail purposes. Financial Implications: N/A Attachments: the following are attached to this report: letter of request from the Haliburton Highlands Nordic Trail Association; a key map showing the location of the subject lands. Permission to Use ORA: The Haliburton Highlands Nordic Trail Association Page 1 of Permission to Use Road Allowance, Haliburton Highlands Page 208 of 251

209 13. Permission to Use Road Allowance, Haliburton Highlands Page 209 of 251

210 13. Permission to Use Road Allowance, Haliburton Highlands Page 210 of 251

211 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: April 18th, 2012 Re: H-034/12 Lands of Watson Roll No.: Part Lot 16, Concession 7 Geographic Township of Guilford RECOMMENDATION: that Council recommends approval of application for consent H-034/12 (Watson), subject to the following condition: 1. For easement purposes only to the lands of Watson (Roll No ). PLANNING REPORT: (1) Background: Mr. and Mrs. Watson own the subject lands. Mrs. Watson also owns the adjacent lands, south of the Redstone River. There is an existing cottage on this southerly property. She accesses this cottage by a right of way and parking area through the subject lands. She then walks across a footbridge to her cottage. Mrs. Watson would now like to formalize her parking area by "severing" a small parcel on the north side of the bridge and granting an easement for parking purposes. This will ensure that parking rights are available if the lands are conveyed. (2) Site Description: The property has not been inspected for the purpose of this report. The private road and the bridge exist. (a) Proposed Lot Dimensions: Frontage Area Severed- 0 m (0 ft) sq. m+ (1200 sq. ft) (30' x 40') Retained m (375+ft) 2.1 ha+ (5.4 ac+) (b) Existing Development: Severed: parking area. Retained: seasonal dwelling and garage. H-034/12 Watson Page 1 of H-034/12, Lands of Watson, Pivot Lake, Township of Guilford. Page 211 of 251

212 (c) Frontage: Severed: N/A. Retained: Pivot Lake. (d) Access: Private right of way (Lynn Court) from County Road 7. (e) Servicing: N/A (parking area only). (f) Shoreline Road Allowance: the proposed parking area does not encroach upon the shore road allowance in front of these lands. (3) Provincial Policy (a) Conformity: Generally yes, given the access constraints of the neighbouring lot. (b) Applicable Policies: Policy Policy 2.1 Rural Areas Natural Heritage (c) Comments: For easement purposes only. No new lots, buildings or structures are proposed. (4) Official Plan Designation: Rural Areas (a) Conformity: Generally yes, given the access constraints of the neighbouring lot. (b) Applicable Policies: Section Section 5 Section 9 (c) Comments: proposed. (5) Present Zoning: Rural Type 1L (RU1L) Protection and Enhancement of the Environment Resource Protection Policies Waterfront Areas For easement purposes only. No new lots, buildings or structures are (a) Compliance: For easement purposes only. No new lots, buildings or structures are proposed. SUMMARY: The owners proposed to grant an easement to a neighbouring property to allow for parking for access purposes. Given the access constraints of the neighbouring lot, the proposal is generally consistent with Provincial Policy and conforms to the policies of the Dysart Official Plan. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following information is attached to this report: key map; and property sketch are attached. H-034/12 Watson Page 2 of H-034/12, Lands of Watson, Pivot Lake, Township of Guilford. Page 212 of 251

213 14. H-034/12, Lands of Watson, Pivot Lake, Township of Guilford. Page 213 of 251

214 14. H-034/12, Lands of Watson, Pivot Lake, Township of Guilford. Page 214 of 251

215 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 14th, 2012 Re: H-036/12 and H-037/12 Lands of Highland Estates Development Corporation Roll No.: Part Lot 16, Concession 2 Geographic Township of Guilford RECOMMENDATION: 1. That Council recommends approval of application for consent H-036/12 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 $ 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 preliminary plan is to be submitted to the Municipal Planner for review and approval. 4. Registered owner is to pay any outstanding taxes. 5. 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 1, 2, 3 and 4 have been fulfilled. 2. That Council recommends approval of application for consent H-037/12 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 $ 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 preliminary plan is to be submitted to the Municipal Planner for review and approval. 4. Registered owner is to pay any outstanding taxes. 5. 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 1, 2, 3 and 4 have been fulfilled. H-036/12 and H-037/12 Highland Estates Development Corporation Page 1 of H-036/12, H-037/12, Lands of Highland Estates Development Page 215 of 251

216 PLANNING REPORT: (1) Background: The owners would like to sever two lots from their holdings for rural residential purposes. The property is located on County Road 14. (2) Site Description: A site inspection has not been completed for the purpose of this proposal. The OBM maps and the air photographs show that the property is moderately sloping. The main hydro corridor runs through the back of the property. Trees on the property were damaged in a recent tornado. (a) Lot Dimensions: Frontage Area Severed H-036: 173+ m (567+ ft) ha (7+ ac) Severed H-037: m (205+ ft) ha (3+ ac) Retained: m ( ft) ha (80+ ac) (b) Existing Development: vacant. (c) Frontage: Haliburton Lake Road (County Road 14). (d) Access: Haliburton Lake Road (County Road 14). (e) Servicing: on-site private individual septic system and water supply system. (f) Road Allowance: The comments of the County Roads Department will apply. (3) Provincial Policy (a) Conformity: Yes. (b) Applicable Policies: Policy Rural Areas Policy Sewage and Water Services Policy 2.1 Natural Heritage (c) Comment: The proposal is consistent with Provincial Policy. (4) Dysart Official Plan: Rural Areas (a) Conformity: Yes. (b) Applicable Policies: Section Importance of the Natural Environment Section Character of the Rural Area Section Protection and Enhancement of the Environment Section Promotion of Liveable Settlements Section 3.1 General Principles for Efficient and Cost-Effective Development Section County Roads Section Water Supply and Sewage Disposal Other Areas Section 3.5 Parklands Section 4.1 Settlement Pattern Section 4.6 Lot Size and Shape Section 4.7 Road Access Section Consents Section 19 Rural Areas Section 19.4 Rural Residential Uses (c) Comment: The proposal generally conforms to the policies of the Official Plan. A zone change to the RR-10 zone is appropriate (Section19.4.5). H-036/12 and H-037/12 Highland Estates Development Corporation Page 2 of H-036/12, H-037/12, Lands of Highland Estates Development Page 216 of 251

217 (5) Zone Category: Rural Type 1 (RU1) (a) Compliance: The proposed lots (severed and retained) should be re-zoned to the RR-10 zone to implement a 30 metre front lot line setback. SUMMARY: The owner proposes to sever two lots from his property for rural residential purposes. The proposal is consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan. A zone change to the RR-10 zone is required to recognize the proposed rural residential use. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following are attached to this report: the key map; and the property sketch. H-036/12 and H-037/12 Highland Estates Development Corporation Page 3 of H-036/12, H-037/12, Lands of Highland Estates Development Page 217 of 251

218 15. H-036/12, H-037/12, Lands of Highland Estates Development Page 218 of 251

219 15. H-036/12, H-037/12, Lands of Highland Estates Development Page 219 of 251

220 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: July 31 st, 2012 Re: Proposed Subdivision 46T Lands of Gonnsen Roll No.: Part Lot 33, Concession 6, Geographic Township of Dysart Part Lot 1, Concession 6, Geographic Township of Dudley RECOMMENDATION: that Council recommends approval of subdivision application 46T (lands of Gonnsen) subject to the comments received through the public review process and the following standard Municipal conditions: 1. Subject to the approval of Official Plan Amendment No. 9 to support the proposal. 2. The applicant is to submit an archaeological assessment, prepared by a qualified consultant and approved by the Ministry of Culture, pursuant to Section of the Official Plan. 3. The applicant is to submit a site evaluation report for all lots, prepared by a qualified consultant, which addresses the requirements of Section of the Official Plan. Without limiting the generality of the foregoing, the report is to specifically: assess the natural heritage features of the area; confirm slopes and make recommendations to address slope concerns; demonstrate that the proposed lots can accommodate the proposed access road, septic systems and all buildings and structures (main and accessory) within the required setback area; identify the required minimum 30 metre shoreline vegetation buffer on the proposed lots (or any increased buffer recommended to address slope concerns);. identify the recommended docking areas and shoreline access pathways; address site drainage in the site design (roads, building envelopes etc.) and specifically define the extent of the EP zone on Lot 1; and make recommendations for the proper development of the lands. Please note that the County of Haliburton may choose to have the report peer reviewed. 4. The registered owner is to submit a site development plan (for all lots), prepared by a surveyor and based upon the recommendations of the site evaluation report. The site development plan is to show the proposed docking areas, shoreline access paths, access road, septic systems, wells and all buildings and structures (main and accessory) within the required setback area. Subdivision Application 46T Gonnsen Page 1 of T (Subdivision Application), Lands of Gonnsen, Page 220 of 251

221 Site drainage is to be addressed in the site design (roads, building envelopes etc.) and shown on the plan. The site development plan is to more specifically define the extent of the Environmental Protection (EP) zone. 5. Subject to an amendment to the Zoning By-law on the proposed lots to implement the requirements of the Official Plan and the site evaluation report. A minimum 30 metre water setback (or any increased buffer recommended to address slope concerns) for all buildings and structures, including septic systems will apply. The By-law will more specifically define the extent of the EP zone. 6. OLS to confirm in writing that the proposed lots comply to the applicable lot frontage and area requirements of Sections 2.76, 2.79 and 3.17 of By-law , as amended and the By-law referred to in Condition No. 5, above. 7. Subject to the removal of all buildings and structures as shown on the proposed subdivision sketch. The owner is to make application for the required demolition permits. 8. OLS to confirm in writing that all buildings and structures remaining on the proposed lots comply with the lot line setbacks required for the applicable zones. Alternatively, the owner may make application for a minor variance to recognize the location of the existing buildings. 9. The registered owner is to enter into a subdivision agreement pursuant to Section 51(26) of the Planning Act to address all planning matters, including the recommendations of the site evaluation report and the site development plan and valid membership in the Murray's Road Association. 10. The owner is to provide proof of valid membership in the Murray's Road Association. 11. Settlement of 5% parkland dedication or cash in lieu at $ per lot. 12. The registered owner is to pay any outstanding taxes. 13. Owner is to provide proof of deeded access from a public road with respect to the proposed lots which will be on the private road. 14. Prior to final approval of the subdivision, the applicant is to provide a clearance letter from the Municipality to the County of Haliburton, confirming that conditions 1 though 12 inclusive have been fulfilled. PLANNING REPORT: (1) Background: The owner would like to subdivide her holdings on Drag Lake, into six lots. Lots 1 through 5 inclusive will be used for waterfront residential purposes. Lot 6 will continue to be used for tourist commercial purposes. Council reviewed this as a proposal on September 8 th, 2009 and again on October 12 th, Council advised that it would support the general principle of a subdivision proposal, subject to the standard municipal conditions and the comments received through the public review process. In particular, Council noted that the site evaluation report must justify the proposed (reduced) lot standards for Lots 3 and 4. To support this subdivision application, the owner has submitted an application to amend the Dysart Official Plan and an application to amend the Zoning By-law. The applications will be processed concurrently. Subdivision Application 46T Gonnsen Page 2 of T (Subdivision Application), Lands of Gonnsen, Page 221 of 251

222 (2) Site Description: A site inspection was conducted on June 22, Staff also reviewed the OBM maps and the air photos for the property. The owner has provided detailed topographic information with her proposal. The slopes on the property vary from gentle to steeply sloping as follows: Lot 1 < 10% Lot 2 < 10% Lot % Lot % Lot 5 < 60% Lot 6 < 10 20% Proposed Lots 1 and 2 include a sand beach. The steep slopes on Lots 4 and 5 make water access difficult. A shared access path is proposed. Information on docking and lake access must be addressed on the site development plan. Measures to control tree removal along the shoreline are important to protect the lake and the steep slopes. A site evaluation report has been prepared for the project. (a) Proposed Lot Dimensions: Frontage Area Lot m ( ft) ha (1.08+ ac) Lot m ( ft) ha (1.8 + ac) Lot m ( ft) ha (3.1+ ac) (**) Lot m ( ft) ha (3.95+ ac) (**) Lot m ( ft) ha ( ac) Lot m ( ft) ha ( ac) (b) Existing Development: Lot 1: one cabin (to become a seasonal dwelling) and one accessory building the boat launch site is not a public facility and is for the use of this property Lot 2: vacant (8 cabins to be removed) Lot 3: vacant (10 cabins and one foundation to be removed) Lot 4: vacant Lot 5: vacant Lot 6: I acc. dwelling and 19 cabins (including the "gatehouse") (8 cabins and 1 foundation to be removed) (c) Frontage: Drag Lake. (d) Access: Lot 1- Fred Jones Road. Lot 2- Fred Jones Road. Lot 3- Murray Lane Lot 4- Murray Lane Lot 5- Murray Lane Lot 6- Murray Lane at intersection with Fred Jones Drive (e) Servicing: private on-site individual water and sewage services. The Site Evaluation Report requires all buildings and structures, including the leaching bed on Lots 3, 4 and 5 to be located 45, 50 and 80 metres from the high water mark respectively. A 30 metre water setback will apply to Lots 1, 2 and 6. (f) Road Allowance: The shoreline road allowance in front of these lands was closed and conveyed for addition to these lands pursuant to By-law All original road allowances that bisect the property were closed and conveyed for addition to these lands pursuant to By-law At that time, an easement was conveyed to the Municipality for snowmobile purposes (see Lot 1). Subdivision Application 46T Gonnsen Page 3 of T (Subdivision Application), Lands of Gonnsen, Page 222 of 251

223 (3) Provincial POLICY (a) Conformity: Generally, yes. (b) Applicable Policies: Section Rural Areas in Municipalities Section Sewage and Water Individual Services Section 2.1 Natural Heritage Policy 2.2 Water Policy 2.6 Cultural Heritage and Archaeology (c) Comments: The Ministry of Natural Resources categories Drag Lake as a lake trout lake, which is moderately sensitive to additional development. Best management practices, including a 30 metre water setback and a vegetation buffer will be required. An increased water setback will be required in areas of steep slopes. A site evaluation report has been prepared to assess the natural features of the area and make recommendations for the proper development of the lands. An archaeology study has been prepared to assess the cultural heritage resources of the area. These report will be peer reviewed by the appropriate agencies (4) Official Plan Designation: (a) Present Designation: Resort Commercial Areas, Rural Areas and Environmental Protection Areas (b) Requested Amendment: the owner has submitted an official plan amendment application and requests the following amendment: Lots 1, 2 and 5: change from Resort Commercial Areas to Waterfront Areas (the Environmental Protection Areas is not changed.) Lot 3 and 4: change from Resort Commercial Areas to Waterfront Areas (a site specific designation is required to recognize the reduced frontage and area.) Lot 6: no change (c)conformity: generally yes, subject to the approval of OPA 9 and the recommendations of the site evaluation report and site development plan. (d) Applicable Policies: Section 2 Basis and Objectives Section Importance of the Natural Environment Section Protection and Enhancement of the Environment Section 3 Public Service Policies Section 3.1 General Principles for Efficient and Cost-Effective Development Section Water Supply and Sewage Disposal Other Areas Section 4 General Development Policies Section 4.1 Settlement Pattern Section 4.6 Lot Shape and Size Section 4.7 Road Access Section Private Roads in Waterfront and Rural Areas Section Private Road Development Conditions Section 5 Resource Protection Policies Section Lakes and Rivers Section 5.2 Lake Capacity Section Shoreland Development Capability Section Significant Natural Heritage Features Section Archaeological Resources Section 9 Waterfront Areas Subdivision Application 46T Gonnsen Page 4 of T (Subdivision Application), Lands of Gonnsen, Page 223 of 251

224 Section 9.2 Section 9.3 Section 10 Section 18 Section 22 Section Section Areas of Use Limitation Lot Standards Resort Commercial Areas Environmental Protection Areas Administration Site Evaluation Report Archaeological Assessment (e) Comments: Lots 1 and 2: conform to the lot frontage and area provisions of the Dysart Official Plan. Lots 3 and 4: are compromised by steep slopes and are defined as an area of use limitation (Section 9.3). The site evaluation report provides justification for the proposed reduction to the frontage and area. A special policy area will apply. Lot 6: conforms to the density provisions of the Dysart Official Plan fro resort commercial uses (Section 10.2) (5) Present Zoning: (a) Present Zoning: Lot 1: Tourist Commercial (CT) and Environmental Protection (EP) Lot 2, 3, 4, 5 and 6: Tourist Commercial (CT) (b) Requested Zoning: the owner has submitted a zoning by-law amendment application and requests the following amendment: Lot 1: Waterfront Residential Type 3-x and Environmental Protection (EP) Lot 2: Waterfront Residential Type 3 Lot 3: Waterfront Residential WR5L-x: 90 metres / 1.25 ha / water setback 45 m Lot 4: Waterfront Residential WR5L-xx: 90 metres / 1.6 ha / water setback 50 m Lot 5: Waterfront Residential Type 6L-x: water setback 80 m Lot 6: Tourist Commercial (CT) (c) Compliance: Lots: all lots will comply with the lot frontage and area provisions of each zone as noted above. Buildings: Lot 1: an exemption is required to recognize: the water setback and the rear lot line setback for the existing storage building; and the height of the existing seasonal dwelling. Lots 2 and 3: all building will be removed. The new buildings will comply with the applicable zone provisions. Lot 4 and 5: are vacant. The new buildings will comply with the applicable zone provisions. Lot 6: buildings will be removed from Lot 6 as noted on the plan. All remaining buildings will comply with the applicable lot line setbacks except three cabins. These cabins will continue to have legal non-complying status by virtue of Section 3.19(f)(i). SUMMARY: The subject lands are the former Drag Lake Lodge Property. The owner has made application for a 6 lot subdivision. Lots 1 through 5 inclusive are proposed for waterfront residential use. Lot 6 includes the remaining buildings from the former Drag Lake Lodge and will be retained for tourist commercial purposes. A site evaluation report has been prepared to support the proposed subdivision. Subdivision Application 46T Gonnsen Page 5 of T (Subdivision Application), Lands of Gonnsen, Page 224 of 251

225 The proposal is generally consistent with Provincial Policy and generally conforms to the provisions of the Dysart Official Plan, subject to the recommendations of the site evaluation report and site development plan; the approval of OPA 9; and the conditions listed in this staff report. FINANCIAL IMPLICATIONS: All costs to process the applications will be covered through the review process. ATTACHMENTS: the following are attached to this report: key map; and the draft plan subdivision. Subdivision Application 46T Gonnsen Page 6 of T (Subdivision Application), Lands of Gonnsen, Page 225 of 251

226 16. 46T (Subdivision Application), Lands of Gonnsen, Page 226 of 251

227 16. 46T (Subdivision Application), Lands of Gonnsen, Page 227 of 251

228 Proposals: Page 228 of 251

229 Proposals: Page 229 of 251

230 Proposals: Page 230 of 251

231 Proposals: Page 231 of 251

232 PROPERTY LINE Proposals: Page 232 of 251 ONTARIO BUILDING CODE DATA KEITH LOFFLER MCALPINE ARCHITECTS CERTIFICATE OF PRACTICE NUMBER ST. MARY STREET, SUITE 402 TORONTO, ONTARIO M4Y 1P9 PROJECT: GRANITE COVE CONDOMINIUMS LOCATION: PARK STREET HALIBURTON, ONTARIO PROJECT DESCRIPTION: NEW CONDOMINIUM RESIDENTIAL BUILDING BUILDING HEIGHT = M (4 STOREYS) MAJOR OCCUPANCY: RESIDENTIAL OCCUPANCY - GROUP C BUILDING AREA: EXISTING (0.0) + NEW (1,031.74) = TOTAL 1, SQ.M. GROSS AREA: EXISTING (0.0) + NEW (4,370.04) = TOTAL 4, SQ.M. NUMBER OF STOREYS: ABOVE GRADE = 4 STOREYS, BELOW GRADE = 2 STOREYS NUMBER OF STREETS / FIRE FIGHTER ACCESS: FACING 1 STREET, FIRE-FIGHTING ACCESS PROVIDED BUILDING CLASSIFICATION: , GROUP C, UP TO 4 STOREYS, SPRINKLERED SPRINKLER SYSTEM PROPOSED: YES, ENTIRE BUILDING 9 STANDPIPE REQUIRED: YES 10 FIRE ALARM REQUIRED: YES 11 WATER SERVICE / SUPPLY IS ADEQUATE: YES 12 HIGH BUILDING: NO 13 PERMITTED CONSTRUCTION: COMBUSTIBLE ACTUAL CONSTRUCTION: COMBUSTIBLE AND NON-COMBUSTIBLE 14 MEZZANINE AREA(S): TOTAL = 0 SQ.M. 15 OCCUPANT LOAD: BASEMENT 2 (F3): M2 / 46 = 17 PERSONS BASEMENT 1 (F3): M2 / 46 = 13 PERSONS BASEMENT 1 (C): 8 PERSONS GROUND FLOOR (C): 30 PERSONS SECOND FLOOR (C): 30 PERSONS THIRD FLOOR (C): 30 PERSONS FOURTH FLOOR (C): 30 PERSONS TOTAL = 158 PERSONS 16 BARRIER FREE DESIGN: YES 17 HAZARDOUS SUBSTANCES: NO 18 REQUIRED FIRE-RESISTANCE RATINGS: GROUND FLOOR ASSEMBLY FRR = 1.5 HR. ( ) FLOOR ASSEMBLIES FRR = 1.0 HR. ROOF ASSEMBLIES FRR = 0 HR. MEZZANINE ASSEMBLIES FRR = 1.0 HR. FLOOR SUPPORTING MEMBERS FRR = 1.0 HR. ROOF SUPPORTING MEMBERS FRR = 0 HR. MEZZANINE SUPPORTING MEMBERS FRR = 1.0 HR. DIV. B PART 3 B (1) A A B & A B & B B B B & B B B B B B B B (3) - B (8) B B SPATIAL SEPARATION / EXTERIOR WALL CONSTRUCTION: B NORTH ELEVATION: (REFER TO DRAWING A202) AREA OF EBF = SQ.M. LIMITING DISTANCE = M. PERMITTED MAX. % OPENINGS = 100% PROPOSED % OPENINGS = 11.89% FIRE RESISTANCE RATING = 0 HRS. DESCRIPTION: MMAH CCGH FIG. 6.3 CONSTRUCTION: COMBUSTIBLE & NON-COMBUSTIBLE SOUTH ELEVATION: (REFER TO DRAWING A201) AREA OF EBF = SQ.M. LIMITING DISTANCE = M. PERMITTED MAX. % OPENINGS = % PROPOSED % OPENINGS = 27.31% FIRE RESISTANCE RATING = 0 HRS. DESCRIPTION: MMAH CCGH FIG. 6.3 CONSTRUCTION: COMBUSTIBLE & NON-COMBUSTIBLE EAST ELEVATION: (REFER TO DRAWING A202) AREA OF EBF = SQ.M. LIMITING DISTANCE = 4.98 M. PERMITTED MAX. % OPENINGS = 39% PROPOSED % OPENINGS = 26.80% FIRE RESISTANCE RATING = 3/4 HRS. DESCRIPTION: MMAH CCGH FIG. 6.3 CONSTRUCTION: COMBUSTIBLE & NON-COMBUSTIBLE WEST ELEVATION: (REFER TO DRAWING A201) AREA OF EBF = SQ.M. LIMITING DISTANCE = M. PERMITTED MAX. % OPENINGS = 100% PROPOSED % OPENINGS = 22.72% FIRE RESISTANCE RATING = 0 HRS. DESCRIPTION: MMAH CCGH FIG. 6.3 CONSTRUCTION: COMBUSTIBLE & NON-COMBUSTIBLE B & B B & B HEAD LAKE CENTRE LINE OVERHEAD TRANSMISSION LINES (HYDRO ONE AND BELL CANADA) ORIGINAL HIGH WATER MARK LANDSCAPED AREA BALCONY BALCONY BALCONY HC BOTTOM OF BANK BALCONY R= CARS PARKING EDGE OF PAVEMENT SOUTH LIMITING DISTANCE = M SWALE PROPOSED FOUR-STOREY CONDOMINIUM BUILDING 30 RESIDENTIAL UNITS FIN. GROUND FL. ELEV (30 PARKING SPACES AND GARBAGE STORAGE BELOW-GRADE) BALCONY ANNUNCIATOR PANEL IN ENTRY VESTIBULE FIRE HYDRANT R= CENTRE LINE OF THE KING'S HIGHWAY No BALCONY BALCONY R= HC HC 7 CARS PARKING CENTRE-LINE OF FIRE ROUTE R= EDGE OF PAVEMENT 2 CARS PARKING BALCONY (EXTENT OF BUILDING PERIMETER FACING 1 STREET) SIAMESE CONNECTION WEST LIMITING DISTANCE = M R= R= CENTRE-LINE OF FIRE ROUTE SWALE PROPERTY LINE DRILLED WELLS EAST LIMITING DISTANCE = M TOP OF SUBJECT TO RIGHT OF WAY NOTE: BANK NORTH LIMITING DISTANCE = M SLOPE DOWN INFORMATION ON THIS SITE PLAN TAKEN FROM: SITE PLAN AND TOPOGRAPHIC SURVEY OF PARTS OF BLOCKS 3, 9 ANDS 10, BLOCK X AND ALL OF LOT 8, BLOCK X REGISTERED PLAN NO. 1 (TOWN PLOT OF HALIBURTON) GEOGRAPHIC TOWNSHIP OF DYSART TOWNSHIP OF DYSART ET AL COIUNTY OF HALIBURTON BY: GREG BISHOP O.L.S. APRIL 20, 2011 NOTE: GRADING INFORMATION TAKEN FROM GRADING PLAN SWM-1 BY PINESTONE ENGINEERING DATED MAY Key Plan SITE Issue Date Description By 01 MAY 31/11 OWNER REVIEW & DISTRIBUTION J.M. 02 JUN 02/11 SITE PLAN APPROVAL J.M. 03 JUN 14/11 SITE PLAN APPROVAL J.M. 04 JUN 20/11 SITE PLAN APPROVAL J.M. 05 JUL 15/11 BUILDING PERMIT APPLICATION J.M. 02 JUN 20/11 GENERAL REVISIONS J.M. 01 Issued for JULY 15, 2011 Issue date 1121 Project no. JUN 14/11 GENERAL REVISIONS J.M. Rev. Date Description By ARCHITECT'S INSTRUCTIONS: THE CONTRACTOR MUST CHECK AND VERIFY ALL DRAWING DIMENSIONS ON THE SITE BEFORE AND DURING CONSTRUCTION, AND REPORT TO THE ARCHITECT ANY DISCREPANCIES PRIOR TO COMMENCING WORK. DRAWINGS ARE NOT TO BE SCALED FOR PURPOSES OF CONSTRUCTION. ALL CONSTRUCTION DOCUMENTS ISSUED BY THE ARCHITECT ARE THE COPYRIGHT OF THE ARCHITECT AND MUST BE RETURNED UPON REQUEST. REPRODUCTION OF THE CONSTRUCTION DOCUMENTS IN PART OR IN WHOLE IS FORBIDDEN WITHOUT THE ARCHITECT'S WRITTEN PERMISSION. Professional Certification keith loffler mcalpine architects 10 ST. MARY STREET, SUITE 402, TORONTO, ONTARIO, M4Y 1P9 T (416) F (416) klmaa PARTNERSHIP OF CORPORATIONS KEITH LOFFLER DESIGN INC PARTNERS MCALPINE ARCHITECT INC BUILDING PERMIT APPLICATION 1 : 250 Scale N J.M. Drawn by J.M. Checked by CROWN "FILLED LAND" GRANITE COVE Condominium Residences BUILDING AREA DATA Floor Level Unit Type Bedrooms No. Units G.F.A. 1 Bed (+D) 2 Bed 2 Bed (+D) 3 Bed (sq.m.) Basement Basement SITE DATA Lot Area: 6, SQ.M. Building Coverage: 1, SQ.M. (16.22%) Paved Area: 1, SQ.M. (23.42%) Landscaped Area: 4, SQ.M. (60.36%) R= R=6.000 R= PARK STREET Haliburton, Ontario Project OWNER: Muskoka D & M Corp. Architectural Site Plan Gnd, 2nd, 3rd, & 4th Floors 7 (x4) Unit Type 1 2 BR 2 (x4) Unit Type 2 2 BR 2 (x4) Unit Type 3 2 BR 2 (x4) Unit Type 4 3 BR 1 (x4) (x4) Drawing Title Total 0 30 Units , A001 Sheet no.

233 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 20th, 2012 Re: Severance Proposal Lands of Kells/Drew: and Lands of Slipper Lake Management Company Inc.: Part Lot 6, Concession 12 Geographic Township of Havelock RECOMMENDATION: for discussion and staff direction. First Proposal: Staff recommend that Council support the general principle of a proposal for the lands of Kells et., subject to the following conditions: 1. For addition purposes only to the lands of Slipper Lake Management Company Inc. (Roll No ). 2. Subject to cash in lieu of parkland dedication in the amount of $ Subject to a zoning by-law amendment to regulate the use of the proposed new lot. The registered owner is to make application with the Municipality. 4. Registered owner to pay any outstanding taxes. 5. Proof of deeded right of way from a publicly maintained road. 6. 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 and 4 inclusive have been fulfilled. Second Proposal: Staff do not recommend support for this proposal. It will create a backlot, which does not comply with the backlot provisions of the Official Plan. Severance Proposal Kells and Slipper Lake Management Co. Inc. Page 1 of Severance Proposal, Lands of Kells and Slipper Lake Page 233 of 251

234 PLANNING REPORT: (1) Background: South Kawagama Shores Subdivision was approved in 2006 (Plan 19M-2). At the time, the owners of lots within the subdivision understood that they were to have an interest in the existing tennis courts. The tennis courts have been constructed partially on the lands of the Kells family and partially on the lands of Slipper Lake Management Company Inc. These two land owners would now like to sever land from their respective holdings and create a separate lot for the tennis courts. Slipper Lake Management Company Inc. would then like to sever the newly amalgamated parcel into two lots. Two applications are necessary to create the two parcels of land. The land owners within Plan 19M-2 would like to be able to construct an accessory building on the "tennis court property" for storage purposes. (2) Site Description: The property has not been inspected for the purpose of this report. The tennis courts exist. (a) Proposed Lot Dimensions: Frontage Area Severed 1: 0 m (0 ft) ha+ (1.18 acres) Severed+ neighbours: 156+ m (512+ ft) 3.5 ha+ (8.7 acres) Retained 1: 426+ m (1400+ft) ha+ (46.89 ac+) Severed 2: 0 m (0 ft) ha+ (1.18 acres) Retained 2: 156+ m (512+ ft) 1.97 ha+ (4.87 acres) (b) Existing Development: Severed 1: part of the tennis courts. Severed+ neighbours: all of tennis courts. Retained 1: seasonal dwelling and private garage. Severed 2: all of tennis courts. Retained 2: vacant. (c) Frontage: Severed 1: no legal frontage. Severed+ neighbours: unopened road allowance between Lots 5 and 6. Retained 1: Slipper Lake. Severed 2: no legal frontage. Retained 2: unopened road allowance between Lots 5 and 6. (d) Access: Private right of way leading from Kawagama Lake Road. (e) Servicing: septic system and private well. (f) Shoreline Road Allowance: N/A. (3) Provincial Policy (a) Conformity: Proposal 1: Provincial Policy does not give specific direction Proposal 2: Provincial Policy would not support the second proposal. (b) Applicable Policies: Policy Policy 2.1 Rural Areas Natural Heritage Severance Proposal Kells and Slipper Lake Management Co. Inc. Page 2 of Severance Proposal, Lands of Kells and Slipper Lake Page 234 of 251

235 (c) Comments: Policy directs that development shall be appropriate to the infrastructure which is planned or available. The second proposal creates two landlocked undersized backlot parcels. (4) Official Plan Designation: Rural Areas (a) Conformity: Proposal 1: Generally yes, given the history of use/development of the parcel. Proposal 2: No. (b) Applicable Policies: Section Section Section 3.1 Section 4.6 Section Section 4.15 Section 5 Section 6.3 Section 19 Section 19.3 Section Section Protection and Enhancement of the Environment Control of Rural Development General Principles for Cost-Efficient Development Site Conditions - Lot Shape and Size Private Roads in Waterfront and Rural Areas Land Division Resource Protection Policies Non-Conforming Uses Rural Areas Conservation, Forestry, Agriculture and Private Recreation Uses Lot Standards Backlots (c) Comments: the following comments apply: Section 6.3 allows for the enlargement of a legal non-complying use as long as it complies with Section 3.19 of the Zoning by-law. This supports the addition of land proposed by the first severance proposal, but does not support the creation a new undersized lot by the second severance proposal. Section 19 requires all lots created in the Rural Area to be 20 hectares in area. Section requires backlots to be created for permanent residential use and to be 12 hectares in area. The first proposal is a lot addition only. However, the second proposal creates an undersized backlot and does not conform to the provisions of the Official Plan. (5) Present Zoning: Rural Type 1L (RU1L) (a) Compliance: The following applies: Severed 1: for addition only. Severed+ neighbours: to be rezoned to a site specific open space zone (OS-xx) to recognize the existing recreational use. Site specific zone provisions are required to recognize the proposed use (the tennis courts and accessory building); and establish a minimum lot frontage, lot area and appropriate building setbacks. Retained 1: complies to the lot frontage provisions and the required lot area provisions (D13-MV ). SUMMARY: Severed 2: to be rezoned to a site specific open space zone. Retained 2: to be rezoned to a site specific open space zone. The tennis courts, which are located south of the South Kawagama Shores Subdivision, have been constructed partially on the lands of the Kells family and partially on the lands of Slipper Lake Management Company Inc. These two land owners would now like to sever land from their respective holdings and create a separate lot for the tennis courts. Slipper Lake Severance Proposal Kells and Slipper Lake Management Co. Inc. Page 3 of Severance Proposal, Lands of Kells and Slipper Lake Page 235 of 251

236 Management Company Inc. would then like to sever the newly amalgamated lot into two parcels. Two applications are necessary to create the proposed parcels of land. The first proposal: (which is a severance of the lands of Kells for addition to the lands of Slipper Lake Management Company Inc.) is generally consistent with Provincial Policy and generally conforms to the policies of the Dysart Official Plan, given the history of use/development of this property. The second proposal: (which is the severance of the "amalgamated parcel" into two lots) is not consistent with Provincial Policy and does not conform with the backlot policies of the Dysart Official Plan. Staff do not recommend support for the second proposal. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following information is attached to this report: key map; and property sketch are attached. Severance Proposal Kells and Slipper Lake Management Co. Inc. Page 4 of Severance Proposal, Lands of Kells and Slipper Lake Page 236 of 251

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239 18. Severance Proposal, Lands of Kells and Slipper Lake Page 239 of 251

240 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Reeve Fearrey and Members of Council From: Patricia Martin, Director of Planning and Development Date: August 21, 2012 Re: Severance Proposal Lands of Obadia and Artemis Roll No.: and Lots 31 and 32, Concession 9 Geographic Township of Dysart RECOMMENDATION: for discussion and staff direction. Staff recommends that Council support the proposal of Obadia and Artemis for their lands in Lot 31 and 32, Concession 9, geographic Township of Dysart subject to the comments received through the public process and the following standard conditions: 1. Settlement of 5% parkland dedication or cash in lieu at $ for the severed lot. 2. The registered owners are to provide proof of a valid membership in the Chandler Drive Road Association. 3. Registered owner is to pay all outstanding taxes. 4. 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 1, 2 and 3 inclusive have been fulfilled. PLANNING REPORT: (1) Background: The owners own two township lots that have merged in title through inadvertence. They would like to sever these holdings and re-create the original township lot configuration. (2) Site Description: Staff have not inspected this property for the purpose of this report. The OBM maps show that this property slopes moderately from the north-west to the south-east towards a small lake. This lake drains to Drag Lake. The highest point of land is approximately 415 metres CGD. The property is approximately 358 metres CGD at the lake. The area is forested. (a) Lot Dimensions: Severed 402+ metres (1320+ feet) 30+ hectares (100+ acres) Retained 485+ metres (1600+ feet) hectares (76+ acres) Proposal Obadia and Artemis Page 1 of Severance Proposal, Lands of Obadia and Artemis, Chandler Page 240 of 251

241 (b) Existing Development: Severed: vacant Retained: a seasonal dwelling (BP ) and private cabin (BP ) (c) Frontage: Severed: unopened road allowance between Concession 9 and 10. Retained: small unnamed lake. (d) Access: Chandler Drive. (e) Servicing: a private individual septic system and water supply system. (f) Road Allowance: N/A. (3) Provincial Policy (a) Conformity: Yes. (b) Applicable Policies: Policy Rural Areas Policy Sewage and Water Services Policy 2.1 Natural Heritage (c) Comment: The proposal conforms to Provincial Policy. (4) Dysart Official Plan: Rural Areas and Environmental Protection Areas (a) Conformity: Yes. (b) Applicable Policies: Section 2 Basis and Objectives Section Importance of the Natural Environment Section Character of the Rural Area Section Protection and Enhancement of the Environment Section Promotion of Liveable Settlements Section 3 Public Service Policies Section Water Supply and Sewage Disposal Other Areas Section 3.5 Parklands Section 4 General Development Policies Section 4.6 Site Conditions - Lot Shape and Size Section 4.7 Road Access Section Private Roads in Rural and Waterfront Areas Section Land Division Consents Section 5 Resource Protection Policies Section Significant Natural Heritage Features - Wetlands Section 18 Environmental Protection Areas Section 19 Rural Areas (c) Comment: The following sections are pertinent: Section 5.3.4: the air photos and OBM maps for the area show that the wetland is contained south of Chandler Drive. It does not appear that site specific zoning would offer any further protection to this feature. (5) Zone Category: Rural Type 1L (RU1L) and Environmental Protection (EP) (a) Compliance: The severed and retained parcels comply with the provisions of the RU1L zone. SUMMARY: The owners own two township lots that have merged in title through inadvertence. They would like to sever these holdings and re-create the original township lot configuration. The Proposal Obadia and Artemis Page 2 of Severance Proposal, Lands of Obadia and Artemis, Chandler Page 241 of 251

242 proposal is consistent with Provincial Policy and generally conforms to the provisions of the Dysart Official Plan. The existing wetland is contained south of Chandler Drive. It does not appear that site specific zoning would offer any further protection to this feature. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following are attached to this report: key map; and the property sketch. Proposal Obadia and Artemis Page 3 of Severance Proposal, Lands of Obadia and Artemis, Chandler Page 242 of 251

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244 19. Severance Proposal, Lands of Obadia and Artemis, Chandler Page 244 of 251

245 Information, Correspondence and Other Business: Page 245 of 251

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