1. 10:30 a.m. Presentation by Collins, Barrow Financial Statements (1 hour approx.)

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1 Page THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS Regular Council AGENDA Thursday, September 29th, :00 a.m :30 a.m. Presentation by Collins, Barrow Financial Statements (1 hour approx.) 2. 3:00 p.m. Presentation by Mosey & Mosey (Agents of Record) - Employee Benefits - CLOSED SESSION 3. CALL MEETING TO ORDER/MOTION TO APPROVE/AMEND AGENDA Be it resolved that the Council of the Township of Minden Hills approves the agenda for the Council Meeting of September 29th, CLOSED SESSION 9:00 A.M. Be it resolved that the next portion of the Council Meeting be closed to the public in order to consider personal matters about an identifiable individual, including municipal or local board employees, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. Be it resolved that the Closed Session of the Council Meeting adjourn and Open Session commence. 5. OPEN SESSION 10:00 A.M. Be it resolved that direction given in Closed Session be approved. 6. PUBLIC MEETINGS a) Fees and Charges By-law Schedules H (Community Services Programs and Facilities) and Schedule I (Environmental Landfill) pursuant to Notice in Minden Times, September 14, b) Consolidated Cemetery By-law 7. DECLARATION OF PECUNIARY INTEREST OR GENERAL NATURE THEREOF 8. ADOPTION OF MINUTES FROM PREVIOUS MEETING Page 1 of 113

2 Page 8. ADOPTION OF MINUTES FROM PREVIOUS MEETING Official Plan Meeting August 4th, 2011 Open House Workshops #1 and #2, August 26th and 27th, 2011 for shoreline land use and the lakes Council Minutes of the August 25, 2011 Committee of the Whole September 8th, 2011 Special Council Meeting September 13th, 2011 Recommendation: Be it resolved that the Council of the Township of Minden Hills adopt the minutes of the following meetings: Official Plan Meeting August 4th, 2011 Council Meeting August 25th, 2011 Committee of the Whole September 8th, 2011 Special Council Meeting September 13th, DELEGATIONS a) Sue Pethick (Policy #28) Employee Performance Appraisals b) Mr. Ed Grant (Owner Patricia McCarey), 57 Invergordon Avenue, Minden (dock request on Invergordon) c) 10:30 a.m. - Collins Barrow - Presentation to Council Financial Statements (1 hour approx.) 10. PAYMENT OF ACCOUNTS Recommendation: Be it resolved that the Council of the Township of Minden Hills approves accounts for payment. 11. RESOLUTIONS TO BE CONSIDERED FOR APPROVAL Environmental Carey s Garden Centre (water usage) That Council deny the request for water usage adjustment at Carey's Garden Centre based on the results of the readings from May 25th to September 2nd, 2011 which were comparable to Culture Recommendation Page 2 of 113

3 Page 11. RESOLUTIONS TO BE CONSIDERED FOR APPROVAL That Council approves of the Community Engagement Advisory Committee to be the steering committee to review and select the Good Neighbour Award pursuant to the criteria set out in the documentation created in Parks and Recreation Fees and Charges By-law amendment Recommendation That Council authorizes staff to advertise for the amendment of Schedule H of the Fees and Charges By-law as it relates to the Community Centre Programs and Facilities at the Gelert, Irondale and Lochlin Community Centres; with a public meeting to be held September 29, Request from Fuel for Warmth for fenced wood compound Recommendation That Council authorizes staff to prepare an agreement to allow the Minden Bible Church (Fuel for Warmth program) a fenced in area so that they can cut and store firewood on the Minden Hills Community Centre grounds (beside metal Quonset building, the fencing to be provided by the Minden Bible Church it being understood that land only, similar to a tenancy, is being provided by the Township, and that insurance be obtained from the Minden Bible Church showing the Township of Minden Hills as co-insured for a minimum of $2,000,000. The Township to ensure that there is no liability to it with the providing of the land only. Also, that Council approve of the Minden Bible Church to have trees that the township would be cutting down, as well as trees knocked down by storms, etc. for this project, at the discretion of the Department Head(s). Amendment to Cemetery By-law Recommendation That Council repeal the Consolidated Cemetery By-law and its amendments and replace it with the draft Consolidated By-law No Bonis/Spink - Part of Lot 3, Conc. 5, geographic Township of Minden (Official Plan Amendment and Rezoning Recommendation That Council proceed with the scheduling of a Public Meeting under Section 34 (14.1) of the Planning Act as amended, R.S.O. 1990, for the next available date and that a Notice of Public Meeting be distributed in the prescribed manner, in accordance with Section 34(13) of the Planning Act. (To pass a by-law to amend the Township Official Plan to redesignate the subject property as the Waterfront Special Area #3 in order to recognize two (2) single detached dwellings on one property; further that Council pass a by-law to amend Page 3 of 113

4 Page 11. RESOLUTIONS TO BE CONSIDERED FOR APPROVAL Zoning By-law to rezone the subject lands from the Shoreline Residential (SR) Zone to the Shoreline Residential Exception Forty-Four (SR-44) Zone in order to recognize two (2) single detached dwellings on one property and insufficient water yard setbacks). Black Part of Lot 25, Conc. 8, Minden H-043/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (BLACK) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator Clinker Part of Lot 25, Conc. 8, Minden H-044/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (CLINKER) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator Polistuk Part of Lot 25, Conc. 8, Minden H-045/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (POLISTUK) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the Planning Administrator Polistuk Part of Lot 25, Conc. 8, Minden H-046/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (POLISTUK) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full Page 4 of 113

5 Page 11. RESOLUTIONS TO BE CONSIDERED FOR APPROVAL 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator Cowen Lot 21, Conc. 10 and 11, Minden (RAU-11-02) Recommendation That Council hereby grants approval to the applicant, William and Lynn Cowen, to construct an access road on a portion of original allowance for road, located at lot 21, Concessions 10 and 11, Township of Minden, in accordance with the Township s policy No. 32, and further that the work is to be completed within two years from the date of the approving resolution. Stimson - Part of Lot 12, Conc. 1, Anson (SRA-11-06) Recommendation That Council hereby recommends that the committee direct planning staff to proceed with the processing of the purchase of shore road allowance re SRA (STIMSON) fronting on Part Lot 12, Concession 1, geographic Township of Anson, Big Bob Lake in accordance with established procedure under approved Policy No. 19 as amended. Westland Part of Lot 10, Conc. 1, Anson (SRA-11-07) Recommendation That Council hereby recommends that the committee direct planning staff to proceed with the processing of the purchase of shore road allowance re SRA (WESTLAND) fronting on Part Lot 10, Concession 1, geographic Township of Anson, Big Bob Lake in accordance with established procedure under approved Policy No. 19 as amended. Economic Development That Council approves the Draft Strategic Plan (July 2011) submitted by the Economic Development Advisory Committee in principle By-law amendment re Line Fences Act Recommendation That Council adopt the draft By-law No , appointing Fence-Viewers within the boundaries of the Township of Minden Hills. (to be deferred to October) Finance and General Government Policy #28 Performance Appraisals (final) Recommendation That Council approves of Policy #28 Performance Appraisals Page 5 of 113

6 Page 11. RESOLUTIONS TO BE CONSIDERED FOR APPROVAL Environmental Recommendation That Council awards the purchase of the Chemical Panel Upgrade to the lowest bidder, Metcom, subject to the recommendation of OCWA. This upgrade to be paid either from surplus funds prior to the end of the 2011 year or from the water reserves. 12. CORRESPONDENCE AND COMMUNICATIONS a) Requiring Action n/a b) Information n/a c) Advisory Committee Minutes i) Minden Hills Cultural Centre Advisory Committee Minutes (September 1, 2011) b) Community Engagement Advisory Committee Minutes (September 12th, 2011) 13. STAFF REPORTS Administration n/a Finance i) Amendment to Policy # 11 - Reimbursement of Expenses - Council Building/By-law n/a Fire i) Thank you letter from the Haliburton County Fair Environmental and Property Operations i) Verbal report from Councillor Schell re hiring of Environmental and Property Operations Manager Community Services n/a Cultural i) Interim Director s Report Minden Hills Cultural Centre (September 2011) Page 6 of 113

7 Page 13. STAFF REPORTS ii) RDLP Coordinator s Report (August 24, 2011) Personnel n/a Planning i) Memorandum from Ecoview re Hindle & Kennedy Rezoning RZ-11-10(P), Part of Lot 14, Concession 8, geographic Twp. of Minden (1330 and 1338 Reynolds Road) Roads i) Agreement with County of Haliburton re Winter Maintenance Contract (report to follow) ii) Report from Road Superintendent re traffic signals at the Sunnybrook Bridge 14. BY-LAWS a) Noble (SRA 10-14) Part of Lot 26, Conc. 8, Township of Lutterworth, Black Lake b) Consolidated Cemetery By-law (replaces 08-77) c) Fees and Charges By-law Recommendation: Be it resolved that the following by-law be given first, second and third readings, passed and signed, and the Corporate Seal attached thereto: By-laws 11-79, 11-80, 11-82, 15. QUESTIONS FROM THE PRESS 16. QUESTIONS FROM THE PUBLIC 17. RECESS 18. CLOSED SESSION 19. OPEN SESSION 20. ADJOURNMENT Recommendation: Be it resolved that the Council of the Township of Minden Hills adjourns the Council Meeting of September 29th, Page 7 of 113

8 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS COUNCIL MEETING MINUTES Thursday, August 4, 2011 Commencement: 7:00 p.m. Adjournment: 9:20 p.m. Present: Staff: Reeve Barb Reid Councillor at Large Larry Clarke Councillor Ken Redpath Councillor Jean Neville Elinor Kernohan, Planning Administrator Reeve Barb Reid explained that this was a statutory meeting under Section 26 of the Planning Act to update the Official Plan for the Township of Minden Hills. She introduced Chris Jones of Meridian Planning Consultants Inc. and welcomed those present. Chris thanked those present and explained that the official plan was a policy document premised on long-term thinking. He explained he is currently the planner in Highlands East and had worked with the former Township of Anson, Hindon and Minden. He was raised on a rural family farm in Simcoe and his preferred area for planning was central Ontario. He was hired through the public tender process and this was the initial public meeting to start the OP Update. His firm specializes in policy and zoning and consists of only planners and GIS staff. He had a power point presentation and touched on: the Role of the Official Plan Section 26 and the public meeting the work program what is good planning the dynamics of the plan Chart showing the super region we are within 2-3 hours of the greater golden horseshoe Greenbelt Plan, Niagara Escarpment, Places to Grow Summary of Minden Hills 30 year residential population growth 5%, population 2006 = 5,500, recreation dwellings = 3,700; permanent dwellings = 2.500, annual cost of $18m, annual housing investment $12m and 66 new homes annually (more than other areas in which he is working) Policy issues Planning Act amendments, Provincial Policy Statements 2005, County of Haliburton OP, Aggregate Resources Act, Green Energy, Source Water Protection and vision 2031 (setting our identity) Public workshops what do we value, where are the opportunities, what do we aspire to achieve, what is our vision, how can the OP help Questions and Comments Q - According to a provincial survey, Haliburton County is number one in destroying the natural shoreline and 32 lake trout lakes are being monitored which is similar to Lake Simcoe. Will the shoreline workshops address those issues? A Come prepared to talk about it and find a way into the vision statement or policy direction. Q Do you have background information on Lake Simcoe Page 8 of 113

9 A Lake Simcoe and the inland lakes of Haliburton are not readily comparable in terms of planning issues. But the township needs to take the lead and play a role in the form of remediation and action. Q Noticeable concern exists now compared to the past. A OP is binding on Council, zoning by-law on landowner Q Things have changed. OP must go beyond the obvious and push the envelope. The Green Energy Act and lack of control that council s have over such things as wind farms is a concern especially when people clear cut the waterfront for solar farms. Source Water Protection is good but does not address water quality for the more than half of the owners not on municipal water systems. Regulate mandatory septic inspections, but difficult to mandate the number of boats, etc. A Expects the OP to help address how people manage the shoreline. Q Can Minden Hills OP be more than the County of Haliburton s plan? A - As a minimum it must conform but can proceed with more vigour, but not in the opposite direction and hope to succeed. Council may explore more options such as growth management, natural heritage, population growth and tree cutting remembering that people in the rural area heat their homes with wood so must be mindful of all residents, not just those in the shoreline areas. Q - Our desire is to grow Minden as a retirement area so we need multi res and condos defined as to what we want to see. Moving the EMS and fire dept out to the by-pass leaves a space downtown to create housing opportunity. A - The OP should facilitate underutilized space and buildings could serve better long term purposes. What can we offer today tomorrow. Q - Encourage opportunity for healthy activities such as the riverwalk and the boardwalk. Everyone can enjoy and there is economic spin off. There is some reference in our existing plan and it should be expressed in the vision. A - In a short space of time boomers went from wanting work, jobs, schools, to becoming interested in life styles and amenities. Q How do we move the existing OP forward? A It will be integrated into the new OP. Q - Current OP indicates that inventory of lots created, building permits issued should be monitored. Has that been happening? A Not aware that it is, but planning documents and decisions must be consistent. There have not been many OPA s and as the current plan is 5 years old focus on going forward. Q - Was the wetlands evaluation carried out? And what about cultural heritage study? A A cultural heritage is being worked on. Q What part does the Planning Committee play? A - Use them as a sounding board and make public presentations. Meridian only writes the policy. There will only be short meetings so not putting heavy demands on people. He needs the information from the committee and will formulate a vision statement to come back in the spring. All documents will be available before the final public meeting and there will be a two month window for review and time to make any changes. Q - How do you fill a room? A Not sure, but believes more in town hall meetings rather than digital surveys. Dialogue is best where people are engaged and get to listen to and share different points of view. He is a facilitator who recognizes apathy and tries to engage those who attend so they leave feeling more informed than when they arrived. Q FOCA studies indicate that minor variance decisions destroy the OP. A The tests for minor variances are so subjective. He has some comments about policy direction and talked about the development permit system in use in Lake of Bays. Q How do you organize the workshops? A - Mix people up so the same old group doesn t sit together. He uses post it notes, wall charts, etc. Written submissions are good. Community engagement. Q - The new method of displaying the agenda will allow people to see information and detail easier and it is on the internet. A These are more zoning questions, but feel it best to document exception uses. Q What about vision and values? Not sure the title inspires. A Workshops are related to various topics. Page 9 of 113

10 Q What can we do to generate more interest? Needs creative treatment. Get the press involved. Come share your views. Have lake associations their members. Q Some people don t even know what an OP really is. Send a flyer. A All 13 Lake associations were notified. Chris showed the flyer Meridian had prepared. Q Ask what do they really value, share your thoughts. A - Chris will talk to the press if it would help. Don t want to create issues, fears or light fires as a means to community engagement. If a quarry or pit application is received in the middle of an OP update, the room would likely be full, but that typically becomes the only issue that would be addressed which is not the purpose. Q Some survey information is good such as the one from Lake Kashagawigamog. A The digital world has changed how people monitor information. The meeting closed with Meridian s initial thoughts regarding the current OP: What are we and what do we value? Growth projections Our primary settlement (role for public & private) Direction for medium density uses/intensification Garden suites rural or urban? Role of lake plans Rural Residential development policies Development permits Minor variances, active transportation, pre-consultation What are the opportunities for intensification? What is limited residential? What is resource based recreation? What are other Rural land uses? What is our target for affordable housing? The meeting adjourned at 9:20p.m. Page 10 of 113

11 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS MINUTES OF OPEN HOUSE WORKSHOPS #1 AND #2 FOR SHORELINE LAND USE AND THE LAKES An open house was held on Friday, August 26, 2011 at the Minden Hills Community Centre from 6 to 8 p.m. and Saturday August 27, 2011 from 10 a.m. to 12 noon. Reeve Barb Reid welcomed approximately 40 people and thanked them for attending. She explained that Minden Hills was the last township in the County of Haliburton to update its Official Plan. The current one is short on vision and the new update should provide direction for the future with assistance on how to get there from a planning perspective. Reeve Reid introduced Chris Jones, of Meridian Planning Consultants Limited. He presented the information with his assistant Alex Lusty, Jr. Planner with the firm. He had a power point presentation which explained that the update process takes approximately one year to finish. The official public meeting was held on August 4, 2011 pursuant to Section 26 of the Planning Act. Workshops were planned (this weekend is shoreline and lakes) and again on September 20 for rural land use and settlement areas. A background report would be prepared which would lead to an actual official plan update document which would be reviewed in an open house format leading to a statutory public meeting. The purpose of this workshop is: - land use planning and official plan - how we contribute to the identity of the lakes - trends in shoreline planning - dynamics that shape Minden Hills - contribute to vision planning objectives and new policy - planning committee will hear deputations form stakeholders and associations - contact Elinor Kernohan at the township to set up a time to attend planning committee meeting What is good planning: - power of public inter - inherent principles of sustainability - inherent right to live compatibly, safely, freely - there are no right answers - a respected and sought after identity - good planning is a marathon not a spring - good planning decisions are usually difficult Role of Official Plan - expression of vision and values - facilitate things - protects things - provide direction - authorize the use of good planning tools per Planning Act - point of reference for good planning - structure of an OP - vision - goals and objectives - land use policy - implementation methods, site plan control, etc. He explained that Minden Hills is within the influence of urban area which contributes to planning issues. The questions are Why are we here? How do you contribute to the shoreline? How do you use your shoreline? = part of a bigger whole Page 1 of 5 Page 11 of 113

12 Do major subdivisions represent the biggest issue or concerns or is the biggest issue the conversion of older cottages? Our lakes are made up of a cross section of uses, but navigable waterways are not controlled by the OP. Shoreline Land Use: - private roads and seasonal zoning - Dillon/Rigler lakeshore capacity model (from the 70 s = nutrient health of the lake) - protection of lake trout lakes - recreational carrying capacity - phosphorous retaining soils/tertiary treatment - 30m setback = ribbon of life maintain existing vegetation - Lake plans i.e. Mountain Lake has one What is a Lake Plan? - encourages communication amongst stakeholders not a township document - create awareness and context - opportunity for dialogue on issues such as: - shoreline development/redevelopment - BMP (Best management practices) low phosphorous detergent, working condition of septic systems - Water quality monitoring - Land acquisition = acquire lands through dedication, land trust, etc. - Social community development = recreation events, triathlons, regattas, fishing derby - Partnerships = connection with groups, agencies for betterment of the lake Grey Areas - Legal non-complying /non-compliance = 70% are too close to the water - Navigable waters - Frequency of usesage = no seasonal zoning - Rental of cottages = nothing to prevent commercial vs. non-commercial - Septic system functionality = OP can have policy to encourage but implementation can only be visual. Cannot put dye into toilet. A redevelopment can request good working order but is tricky to enforce upgrades of older systems Questions Can a purchaser at the time of purchase/sale require confirmation that septic system is satisfactory? - Yes, but a private matter Some people are aware of holding tanks that have never been pumped and actually punched a hole in the tank. - there may be measures that the township of association can take Are there any townships OP updates that have included septics? - many Rural areas depend on septics, and redevelopment require approval before a building permit is issued Why do associations have more clout that the township? It should be the township. - As an association there is the ability to talk about holding tanks in a nonadversary way. The township only gets involved when a permit is required. Environment Haliburton should push for a legislated program. Dynamics - aging population - rural, semi urban, urban settlement - within 2 hours of super region Page 2 of 5 Page 12 of 113

13 - seasonal population of 30, extensive lake and shoreline areas - appealing rural landscape - extensive crown land and natural resources (OP policy, ZBL do not apply) Minden Hills - 30 year population growth = 5% = 5,500 - Recreational dwellings = 3,700 - Permanent dwellings = 2,500 - $18m annual construction value - Housing = $12m - 66 new homes annually Policy Issues - planning act amendments - provincial policy statement (PPS) - county OP - Aggregate Resources Act - Green Energy = removes approval - Source Water Protection and - VISION 2031 = This is where the input is required What do you value about your shoreline/lake community? - water quality - natural shoreline - wildlife - development - quality of life/tranquility - community - public access for fishing, etc Has there been any action taken or decision made that has contributed to or respected or protected these values or put these values at risk? Risk Factors - backlot development on Kashagawigamog perception that a road between the lake and a backlot could be developed - small cottages being replaced by monster homes, plus related toys which affects the loons and other wildlife - Can OP limit development footprint to a percentage of frontage? - Chris said his professor said that the OP binds council, the ZBL binds people - Eliminating grass using rock. Should retain natural growth - Fireworks are disruptive - Scale of development - Development and redevelopment within inches of the water - Number of windows overlooking neighbours (Use urban policies) - MNR contact for shoreline improvements people use docks to keep others away. Are permits required? Contribution to protect value: - tree preservation plan = County of Haliburton - boathouses prohibited - environmental plan has happened - coalition of Haliburton Lake Association - septic system setback - water quality testing Is there anything you would like to see in the OP or township planning program addressed in the next 20 years - old septic system improvements - naturalize shoreline - township more authority over old faulty septics Page 3 of 5 Page 13 of 113

14 - minor variance guidelines - township OP conform to County OP (removal of vegetation) - compliance with building permit How will lake plans be treated and respected? - industrial development near lakeshore restricted - more by-laws to restrict boats - source water protection - protect wetlands, environmental sensitive areas around lakes - lot coverage - location of landfill site or transfer site - septage improvements - prevent excessive lights re: night skies - climate change The workshop adjourned at 8:15 p.m. WORKSHOP AUGUST 26, 2011 The workshop opened at 10:00 a.m. with approximately 20 people present. The same presentation was given from last night s meeting and the same questions were asked. What do you value about your shoreline/lake community? - water quality - wildlife - privacy - community - natural shorelines - viewscapes night skies - recreational opportunities - serenity now Q. Lives on a lake that is spoiled by the river i.e. come to the lake for boating. What is over arching policy of the council increase taxes vs. people s enjoyment? - overall goal is to generate enough taxes to the amount required to provide the services that people request. Risk protection of loons wakeboarding eroding shoreline - shorelines need protection from pits/quarries. Provincial policies need a schedule to identify licenced area; grandfathering was not a perfect process. - No municipal by-law against shoreline alteration, clear cutting - Ontario Municipal Board (OMB) and local council recognize a landowner, keep property natural, land trust (not a municipal incentive) - Jurisdictional alter Federal/Provincial/Municipal the township only issues the building permit - Need to identify shared interest - Should be mandatory to upgrade old aging septics septage lagoon, few options available - Persuade people to do the right thing - OMB quasi-judicial only in Ontario. Other provinces must go to court. Talk to people first before going to the OMB, because it makes the final decision. Boathouses: A healthy debate/discussion took place regarding the value of boathouses. Those present were assured that boathouses are currently prohibited in both the OP and ZBL. Also there was concern that many lakes do not have a marina or any type of rental accommodation for the convenience of its ratepayers. It is important to poll the cottagers for the various services they might support rather than prevent development and shut the lake down for future initiatives. Balance is required. Page 4 of 5 Page 14 of 113

15 What about future 20 years? - hopes not a lot of roadblocks need development Tim Horton s, Canadian Tire, Highland Park and Dairy Queen are all new and represent progress. - Various network of roads that require maintenance and an effort should be made to avoid damage to lakeshore as a result of grading and snow plowing which drains affluent into the water - Some people cannot afford to make upgrades to their property, but just want to enjoy the cottage anyway - Essential for the OP to deal with issues that township has jurisdiction over. - Feels that we should go where we haven t gone before i.e. shoreline restoration by-law, septic inspection by-law, tree preservation by-law. - Collaborate with businesses, realtors, community re: shoreline restoration, shoreline design and no white boathouses ( a more discreet paint colour would make them less visible). The workshop adjourned at 12:00 p.m. Page 5 of 5 Page 15 of 113

16 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS COUNCIL MEETING MINUTES Thursday, August 25th, 2011 Commencement: 10:00 a.m. Adjournment: 11:17 a.m. Present: Staff: For their Portion Reeve Barb Reid Deputy Reeve Cheryl Murdoch Councillor at Large Larry Clarke Councillor Lisa Schell Councillor Brigitte Gall Councillor Ken Redpath Councillor Jean Neville Interim Clerk Laura Cunliffe Lorrie Blanchard, Treasurer Elinor Kernohan, Planning Administrator OPEN SESSION 10:00 A.M. 1. CALL MEETING TO ORDER/MOTION TO APPROVE/AMEND AGENDA Res. #267 Neville Clarke Be it resolved that the Council of the Township of Minden Hills approves the agenda for the Council meeting of August 25, Carried. PUBLIC MEETINGS a) Application for Zoning By-law Amendment: Conditions of Holding Symbol: (Daudelin) RZ-H , Part of Lot 4, Concession 3, in the geographic Township of Minden The Township Planner advised that all conditions have been met with regard to this application and the property owners are now free to use their property. Removal of all sleeping cabins has been completed. The public meeting on this file was held a number of months ago. b) Application for Zoning By-law Amendment: (Clarke) RZ-11-07(P), Part of Lot 10, Concession 2, in the geographic Township of Minden The purpose of this meeting was for Council to consider a By-Law amendment for the Rezoning of Part Lot 10, Concession 2, in the geographic Township of Lutterworth by Richard Clarke, Agent for Rosemary Clarke. The proposed zoning amendment is to change the zoning of Part Lot 10, Concession 2, geographic Township of Lutterworth from the Shoreline Residential (SR) Zone to the Shoreline Residential Exception 43 (SR-43) Zone. Mr. Clarke spoke to the application stating that there was no other location that he could build this structure; he was surrounded by water on three sides. Council denied the request of the applicant stating that, although they were sympathetic to his situation, the fact was that he built a structure without first obtaining the required building permit. If he had come in to speak with the Building Inspector prior to building the structure, he would have ascertained that the Township would have been unable to provide him with a building permit the structure is not in compliance with the Township s Official Plan and Zoning By-law. 2. DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF None declared. August 25th, 2011 Council Minutes (Draft) Page 1 Page 16 of 113

17 3. ADOPTION OF MINUTES OF PREVIOUS MEETINGS Councillor Neville asked for a correction to the name Tammy Hosken, Volunteer for the Lochlin Community Centre Advisory Committee. Res. # Clark - Neville Be it resolved that the Council of the Township of Minden Hills adopt the minutes of the following meetings: Council July 28, 2011 Committee of the Whole - August 11, 2011 Special Council August 11, 2011 CARRIED 4. DELEGATIONS a) Diane Peacock, Chairperson for the Minden Terry Fox Run Mrs. Peacock thanked Council members for allowing her to be a delegation today to speak about the Minden Terry Fox Run and her concern that their committee may not be able to have the event banner placed as in other years by the Sunnybrook Bridge. She advised that their committee does not have a working budget and that all donations must go to The Terry Fox Run for Cancer Foundation. The Township s Event Policy #40 states that the organization is responsible financially for the installation and removal of the event banner. Previous Councils have waived the applicable fee in the past. Diane advised that the Minden Terry Fox Run has raised over $165, in support of cancer research. b) Haliburton Highlands Stewardship Council Decision Makers Series Barb Bolin advised that the Haliburton Highlands Stewardship Council, in support from the MNR, had received a coordinator that worked around environmental issues in the community. Every volunteer comes from a different background and brings with them different expertise. Ms. Bolin introduced Rob Davis, a Septic System expert. Mr. Davis provided a verbal presentation on Septic Systems and their relationship to the surrounding environment; land and water, as well as the drastic changes in lake water in our County. He encouraged Townships to look into mandatory septic inspections and research new technologies available. He noted in Scandinavia they banned septic systems like we use here many years ago as a result of the adverse effects. It was suggested that Mr. Davis could meet with the Solid Waste Advisory Committee. 5. PAYMENT OF ACCOUNTS Res. # Redpath - Clark Be it resolved that the Council of the Township of Minden Hills approves accounts for payment in the amount of $338, CARRIED 6. RESOLUTIONS TO BE CONSIDERED FOR APPROVAL Res. # Clarke - Redpath Be it resolved that Council waive the fee for installation of The Terry Fox Run for Cancer Research banner. CARRIED Res. # Neville - Clark Be it resolved that Council adopts the 5 Year Roads Need Study, prepared by Aecom Canada Ltd, dated July 20, 2011, as submitted. CARRIED Res. # Neville - Clark August 25th, 2011 Council Minutes (Draft) Page 2 Page 17 of 113

18 Be it resolved that Council appoints Tammy Hoskens to the Lochlin Community Centre Advisory Committee and George Simmons to the Irondale Community Centre Advisory Committee; and further that Council accepts the resignation of Glenda Simmons from the Irondale Community Centre Advisory Committee. CARRIED Res. # Murdoch - Clark Be it resolved that Council approves the License for the dock at 1537 Hospitality Road, South Lake (Carpino) and authorizes the Reeve and Interim Clerk to sign all necessary documents in relation thereto, pursuant to Policy #45. CARRIED Res. # Clarke Be it resolved that consent application No. H-036/2011 and H-037/2011, Part of Lots 4 & 5, Concession 1, in the geographic Township of Anson be approved subject to the following conditions: 1) Subject to amendment of Zoning By-law No on the severed parcel to: Rural Residential (RR). 2) Subject to amendment of Zoning By-law No on the retained parcel to: Rural Residential (RR). 3) Subject to approval of the survey by the Planning Administrator of the Township of Minden Hills prior to its registration. 4) The severed and retained lots must be serviced by an M.O.E. or District Health Unit approved onsite sewage disposal system. 5) All outstanding realty taxes to be paid in full. 6) The severed and retained lots must meet the minimum lot standards in accordance with the zoning for the Township of Minden Hills in the Rural Residential (RR) zone. 7) Any costs incurred through the township s planning consultant relating specifically to issues in this application shall be paid in full. CARRIED Res. # Clark - Redpath Be it resolved that Council agree to stop up and close and convey to Ontario Inc. that portion of the sixty-six (66 feet) of the original allowance for road across Lot 25, Concession 6 and 7, in the geographic Township of Lutterworth as shown on sketch attached to the original application, pursuant to Policy 26, as amended. CARRIED Res. # Murdoch Clark Be it resolved that consent application No. H-028/2011, Part Lot 30, Concession 4, in the geographic Township of Snowdon be approved subject to the following conditions: 1) Conditional upon consent being granted solely for right-of-way in favour of property in Roll # ) Subject to approval of the survey by the Planning Administrator of the Township of Minden Hills prior to its registration. CARRIED Res, # Clark Murdoch Be it resolved that consent application No. H-031/2011, Part Lot 15, Concession 7, in the geographic Township of Snowdon be approved subject to the following conditions: 1) Subject to minor variance approval by the Committee of Adjustment in the event that the existing buildings do not meet the required setback as per By-law ) Conditional upon consent being granted solely for addition Heaslip to Vanderlip; Vanderlip to Heaslip. (Basically an exchange of Land) 3) Subsection (3) or (5) of the Planning Act, R.S.O. 1990, shall apply to any subsequent conveyance or transaction as provided for in Section 50(12), to ensure that the conveyance of land is such that the title is held in the same manner as the land to which the parcel is to be added, so that the two parcels merge to form one inseparable legally conveyable lot. 4) All buildings to meet all setback requirements of Zoning By-law No , for the geographic Township of Minden Hills in the Rural (RU) zone. 5) Subject to approval of the survey by the Planning Administrator of the Township of Minden Hills prior to its registration. August 25th, 2011 Council Minutes (Draft) Page 3 Page 18 of 113

19 6) Subject to the Township of Minden Hills receiving a letter from an Ontario Land Surveyor indicating the distance from the existing buildings on the retained part to the newly created lot lines. 7) Subject to approval, if required, being obtained from the Township s Road Superintendent for a shared entrance. 8) All outstanding realty taxes to be paid in full. 9) The severed and retained lots must meet the minimum lot standards in accordance with the zoning for the Township of Minden Hills in the Rural (RU) zone. 10) Any costs incurred through the township s planning consultant relating specifically to issues in this application shall be paid in full. CARRIED Res. # Redpath - Clark Be it resolved that Council directs planning staff to proceed with the processing of the purchase of shore road allowance re SRA (O BRIEN) fronting on Part Lot 27, Concession 7, geographic Township of Lutterworth, Black Lake in accordance with established procedure under approved Policy No. 19 as amended. CARRIED Res. # Clark - Gall Be it resolved that Council hereby recommends that the application to amend Zoning By-law No , filed as RZ-11-07(P) to rezone the subject lands, being Part of Lot 10, Conc. 2, geographic Township of Lutterworth (Clarke) from the Shoreline Residential (SR) Zone to the Shoreline Residential Exception Forty-three (SR-43) Zone in order to recognize an accessory structure within the front yard of a dwelling, be denied. CARRIED Res. # Redpath - Clark Be it resolved that Council denies the request of Mr. Dollo to waive or reduce the planning fees to allow access to a rural lot that does not front on a publicly maintained road (Lot 2, Conc. 2, Lot 1, Conc. 2, Township of Anson). CARRIED 7. CORRESPONDENCE AND COMMUNICATIONS a) The Ontario Wildlife Damage Compensation Program, which replaces the Livestock, Poultry and Honeybee Protection Act, was received as information. b) Advisory Committee Minutes received as information - Youth Advisory Committee meeting minutes (July 15, 2011) - Museum Advisory Committee meeting minutes (CMOG) (May 12, June 10, July 15, 2011) - Parks and Recreation Advisory Committee meeting minutes (June 23, 2011) - Roads Advisory Committee Meeting Minutes (May 10, 2011) - Community Engagement Advisory Committee - Minden Hills Cultural Centre Advisory Committee - Irondale Community Centre Advisory Committee 8. STAFF REPORTS a) Administration n/a b) Finance Memorandum from Tax Clerk re Tax Adjustments Res. # Gall - Clark Be it resolved that Council approve the following applications for tax adjustments pursuant to Section 359 of the Municipal Act: Roll No. Assessment Reduction Effective Date No. of Days Total August 25th, 2011 Council Minutes (Draft) Page 4 Page 19 of 113

20 ,915 June 1, $ ,799 June 7, $ CARRIED c) Building/By-law n/a d) Fire n/a e) Environmental and Property Operations Res. # Schell Murdoch Be it resolved that Council continue with the present hauler (M&M Disposal) and remove the construction waste on an as-needed basis to stay in compliance (Scotchline Landfill Site). CARRIED Res. # Clark - Murdoch Be it resolved that Council approve the amendment to Policy #43, being the Operating Policies and Procedures for Township owned landfill sites in the Township of Minden Hills, by adding to page 23: LANDFILL ATTENDANTS WILL ACCEPT ONLY APPROVED MINDEN HILLS LANDFILL CARDS, TOGETHER WITH PROOF OF ORIGIN FOR CONSTRUCTION WASTE AND BULKY MATERIAL. THIS COULD BE A DEMOLITION OR BUILDING PERMIT FROM THIS TOWNSHIP, OR AN APPROVED FORM LETTER FROM THE TOWNSHIP OF MINDEN HILLS, SIGNED BY THE PROPERTY OWNER (SEE SAMPLE LETTER ATTACHED HERETO AS SCHEDULE A ). CARRIED f) Community Services n/a g) Cultural n/a h) Personnel n/a i) Planning n/a j) Roads n/a 9. BY-LAWS Res. # Murdoch Clark Be it resolved that the following by-laws be read a first, second and a third time, passed and signed and the Corporate Seal attached thereto (Russell) Part 3, Plan 19R9232, Township of Minden Commercial Due Dates Yard Sale By-law (Daudelin) RZ-H CARRIED 10. QUESTIONS FROM THE PRESS n/a 11. QUESTIONS FROM THE PUBLIC n/a Res. # Schell Clark By-law No being a by-law to confirm the proceedings of the Council at its meeting held on August 25, CARRIED Res. # Clark - Murdoch Be it resolved that the Council meeting of August 25, 2011 be adjourned. CARRIED August 25th, 2011 Council Minutes (Draft) Page 5 Page 20 of 113

21 HEAD OF COUNCIL INTERIM CLERK August 25th, 2011 Council Minutes (Draft) Page 6 Page 21 of 113

22 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS COMMITTEE OF THE WHOLE/GENERAL COMMITTEE MEETING MINUTES Thursday, September 8th, 2011 Commencement: 9:00 a.m. Adjournment: 11:05 a.m. Present: Minutes: Staff: (for their portion) Reeve Barb Reid Deputy Reeve Cheryl Murdoch Councillor at Large Larry Clarke Councillor Lisa Schell Councillor Brigitte Gall Councillor Ken Redpath Councillor Jean Neville Interim Clerk, Laura Cunliffe CAO, Gerry Morrison Treasurer, Lorrie Blanchard Director of Community Services, Rick Cox Planning Administrator, Elinor Kernohan Interim Director, Cultural Centre, Laurie Carmount 1. The Reeve called the meeting to order. Res. #11-46 Redpath - Schell Be it resolved that the Council of the Township of Minden Hills approves the agenda for the Committee of the Whole/General Committee Meeting of September 8th, CARRIED 2. Closed Session ( 9:01 a.m.) Minutes: Laura Cunliffe Res. #11-47 Schell - Murdoch Be it resolved that the next portion of the council meeting be closed to the public in order to consider personal matters about an identifiable individual, including municipal or local board employees, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. CARRIED CARRIED Res. #11-48 Redpath - Clarke Be it resolved that the Closed Session for the September 8th, 2011 Committee of the Whole meeting adjourn and Open Session resume. CARRIED RESUME OPEN SESSION: 10:00 A.M. Res. #11-49 Clarke Redpath Be it resolved that direction(s) given in Closed Session be approved. CARRIED 3. Declaration of Pecuniary Interest - n/a 4. Delegation: - n/a 5. Payment of Accounts September 8, 2011 COTW Minutes Page 1 Page 22 of 113

23 Res. #11-50 Redpath Schell Be it resolved that Council of the Township of Minden Hills approves accounts for payment in the amount of $478, CARRIED RECOMMENDATIONS 6. Environmental a) Memorandum from Ivan Ingram re Carey s Garden Centre (water usage) Ivan reviewed his findings with Council members regarding the readings at the above location. A copy of the report will be provided to Mr. Carey for his information. Council members agreed that there does not need to be an adjustment made to the account at this time. b) Correspondence from Jake Doran (OCWA) (Chemical Panel Upgrade) Ivan advised that two quotes were received for the Chemical Panel Upgrade. Currently, if one of the pumps fails the alarm will go off. With the upgrade, it will actually flip to the other pump. There has currently been two failures and there is a process that must be completed right away. Staff recommend that Council move forward on this project as soon as possible. Currently the system in Lutterworth was purchased from Metcom, it is the lesser of the bids, and staff/ocwa is happy with the system. Quotes were obtained from the two main suppliers. The CAO spoke with the Treasurer and confirmed that this item is not included in the 2011 budget; however, there could possibly be a surplus at the end of the year. In the alternative, funds could be used from the water reserves. It is felt that this is extremely important to the overall system. OCWA received the second quote yesterday and they have not had time to analyze the specific equipment. Recommendation That Council awards the purchase of the Chemical Panel Upgrade to the lowest bidder, Metcom, subject to the recommendation of OCWA. This upgrade to be paid either from surplus funds prior to the end of the 2011 year or from the water reserves. 7. Roads a) Roads Report August 2011 received as information The Newcastle Street reconstruction should be starting next week. The Roads Superintendent was unable to obtain the information regarding the traffic lights (Water Street and Invergordon Street, both at Bobcaygeon Road, respectively). 8. Culture Recommendation That Council approves of the Community Engagement Advisory Committee to be the steering committee to review and select the Good Neighbour Award pursuant to the criteria set out in the documentation created in Parks and Recreation a) Community Services recommendation for a Fees and Charges By-law amendment Recommendation That Council authorizes staff to advertise for the amendment of Schedule H of the Fees and Charges By-law as it relates to the Community Centre Programs and Facilities at the Gelert, Irondale and Lochlin Community Centres; with a public meeting to be held September 29, b) Request from Fuel for Warmth for fenced wood compound September 8, 2011 COTW Minutes Page 2 Page 23 of 113

24 The Community Centre Director advised that this committee has asked for a monetary donation for the last two years but has been unsuccessful. They are asking this year for a fenced in area that they can cut and store firewood for this project on the Parks grounds. They are also asking that they be allowed to have any trees that the township would be cutting down, as well as trees knocked down by storms, etc. for this project. Concern was raised: a) Where will the fencing come from? There are no funds in the Community Services budget. b) What is the Township s liability to allow Fuel for Warmth committee members to cut, split and store wood on Township property? Clients picking up or delivery? Lumber being dropped off? c) What hours would Committee volunteers be utilizing fenced in area? Council asked that this item be brought back to the September Council meeting. Council instructed the Community Services Director, when it was discussed, to ensure that a fenced area for Parks/Rec/Cemetery vehicles be totally separate from any fenced area for the Fuel for Warmth space, if Council approves of same. c) Memorandum from Community Services Director (Amendment to Cemetery By-law) The Community Services Director advised that this is a housekeeping matter. Only staff will be authorized to open or close niches in the Columbarium. Once Council has approved the amendment, it will be necessary to send the By-law to the Ministry for approval. Once this has been approved, the Township will be able to start selling niches. Recommendation That Council repeal the Consolidated Cemetery By-law and its amendments and replace it with the draft Consolidated By-law No Protective Services a) Fire Report b) By-law Occurrence Report c) Building Report All reports were received as information. 11. Planning and Development a) Planning Report received as information. b) Minutes of Official Plan meeting of August 4, received as information. c) Report from Ecovue re Part of Lot 3, Conc. 5, geographic Township of Minden (Bonis/Spink) Official Plan Amendment and Rezoning Recommendation That Council pass a by-law to amend the Township Official Plan to redesignate the subject property as the Waterfront Special Area #3 in order to recognize two (2) single detached dwellings on one property; further that Council pass a by-law to amend Zoning By-law to rezone the subject lands from the Shoreline Residential (SR) Zone to the Shoreline Residential Exception Forty-Four (SR-44) Zone in order to recognize two (2) single detached dwellings on one property and insufficient water yard setbacks. d) Black Part of Lot 25, Conc. 8, Minden H-043/11 (Easement) Recommendation September 8, 2011 COTW Minutes Page 3 Page 24 of 113

25 That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (BLACK) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator e) Clinker Part of Lot 25, Conc. 8, Minden H-044/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (CLINKER) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator f) Polistuk Part of Lot 25, Conc. 8, Minden H-045/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (POLISTUK) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator g) Polistuk Part of Lot 25, Conc. 8, Minden H-046/11 (Easement) Recommendation That Council approve the proposal to create an easement on Part of Lot 25, Conc. 8, Minden (POLISTUK) subject to the following conditions: 1) Payment of the administration fee of $ per application 2) All outstanding realty taxes to be paid in full 3) Being granted solely for right-of-way purposes to those property owners identified in the application 4) The plan of survey be approved by the planning Administrator h) Cowen Lot 21, Conc. 10 and 11, Minden (RAU-11-02) Recommendation That Council hereby grants approval to the applicant, William and Lynn Cowen, to construct an access road on a portion of original allowance for road, located at lot 21, Concessions 10 and 11, Township of Minden, in accordance with the Township s policy No. 32, and further that the work is to be completed within two years from the date of the approving resolution. i) Stimson Part of Lot 12, Conc. 1, Anson (SRA-11-06) September 8, 2011 COTW Minutes Page 4 Page 25 of 113

26 Recommendation That Council hereby recommends that the committee direct planning staff to proceed with the processing of the purchase of shore road allowance re SRA (STIMSON) fronting on Part Lot 12, Concession 1, geographic Township of Anson, Big Bob Lake in accordance with established procedure under approved Policy No. 19 as amended. j) Westland Part of Lot 10, Conc. 1, Anson (SRA-11-07) Recommendation That Council hereby recommends that the committee direct planning staff to proceed with the processing of the purchase of shore road allowance re SRA (WESTLAND) fronting on Part Lot 10, Concession 1, geographic Township of Anson, Big Bob Lake in accordance with established procedure under approved Policy No. 19 as amended. 12. Finance and General Government a) Policy #28 Performance Appraisals (final) Councillor Clarke stated that the Township has finally come up with a document that both Council and Department Heads have agreed upon. Deputy Reeve Murdoch stated she was not happy with the fact that Council members wish to interfere in the appraisals of staff and she will not support this; this is too much like micro-management. She went on further to state that Council should not be involved in this level of operation. The CAO should be the person doing the Appraisals on the performance of staff. Further discussion ensued regarding improving the services of the organization, response to the constituents; the fact that they felt this is not micro-managing, and the reasons for performance appraisals. Further discussion ensued regarding the fact that the Personnel Committee recommended the fourth council member to be chosen for the CAO s Performance Evaluation Committee would be done so in a closed session of council, and some felt this discussion should be held in open session; that this item does not fit the criteria for closed session. It was agreed that the final appointment would be voted on in open session. b) Economic Development Draft Strategic Plan (July 2011) Councillor Clarke was pleased to bring the results of six months work to the Council table. He thanked the efforts of Marie Gage who has taken courses around the process for community engagement. Councillor Clarke provided an overview of the draft plan. He advised that this will be a living document which can be refined. It was stated that next Monday would be a ground breaking ceremony with Canadian Tire executives. The owners of the Dairy Queen franchise for Minden will be coming soon to Council for Site Plan approval. This is all good for Minden. Canadian Tire expects to create a minimum of 25 jobs for Minden Hills. Discussion was held regarding local trades and touched on the need to support local tradespersons when tendering. Further education is required as the Province will no longer allow municipalities to choose tradespersons because they are local. Recommendation That Council approves of and supports the Draft Strategic Plan (July 2011) as submitted. c) By-law amendment re Line Fences Act The Interim Clerk advised that this was a housekeeping matter and asked Council to consider increasing the Valuers fees, equal to that of the Valuers for the Ontario Wildlife Compensation Program, which by-law was recently passed. There are three possible files and it is necessary to ensure we have four persons appointed as Fence Viewers within the boundaries of Minden Hills. The Interim Clerk was asked to find out if a local surveyor would agree to be appointed a Valuer under the Line Fences Act. Recommendation September 8, 2011 COTW Minutes Page 5 Page 26 of 113

27 That Council adopt the draft By-law No , appointing Fence-Viewers within the boundaries of the Township of Minden Hills. 13. Personnel n/a 14. Draft By-law(s) Draft by-law Appointing Fence-Viewers within the boundaries of the Township of Minden Hills and the related fees for Valuers (and mileage) (housekeeping) Questions from the Press: n/a Questions from the Public: Res. #11-51 Clarke - Redpath Be it resolved that the Committee of the Whole/General Council meeting of September 8th, 2011 be adjourned. 11:05 a.m. HEAD OF COUNCIL INTERIM CLERK September 8, 2011 COTW Minutes Page 6 Page 27 of 113

28 THE CORPORATION OF THE TOWNSHIP OF MINDEN HILLS SPECIAL COUNCIL MEETING MINUTES Thursday, September 13th, 2011 (Minden Hills Community Centre) Commencement: 1:00 p.m. Adjournment: 1:13 p.m. Present: Minutes: Staff: Reeve Barb Reid Deputy Reeve Cheryl Murdoch Councillor at Large Larry Clarke Councillor Lisa Schell Councillor Brigitte Gall Councillor Ken Redpath Councillor Jean Neville Audio Recording - CAO CAO, Gerry Morrison 1. The Reeve called the meeting to order. She asked Council members to go around the table and introduce themselves, as well as the CAO, as there were no speakers/name plates at the tables (Community Centre). Res. # Clarke - Gall Be it resolved that the Council of the Township of Minden Hills approves the agenda for the Special Council Meeting of September 13th, CARRIED 2. Declaration of Pecuniary Interest - n/a 3. Hiring of Clerk/Economic Development Officer Reeve: Let s move on to the reason why we are here; that is to discuss the hiring of a recruiter for the Municipal Clerk/Economic Development Officer position. The Reeve invited the CAO to comment. CAO: Before we start here, during this debate, I would appreciate that all members of council in their discussion refrain from identifying any specific individual, because if that happens, we will have no recourse but to go into closed session. I ask that you all abide by that rule. I would also ask that no titles of any staff be used as well; that is identifying the individual. I would appreciate that all members speak loudly as I have my recorder sitting in 1 Page 28 of 113

29 front of me and I am not the normal recorder. Thank you very much. I trust you will give me your cooperation. Reeve: The reason why we are here, we have been recruiting originally for the position of Clerk. We had a few applicants and the Personnel Committee concluded we did not have an applicant with sufficient experience for this role. Council decided to move on to an additional posting on the 11th of August; that posting expired last Friday. We have again, not received resumes from people who have the mandatory 3-5 Clerk experience. We have reposted the position as of yesterday, with a new expiry date of September 23rd. The Personnel Committee met with Gerry yesterday to discuss a contingency plan in the event we do not get qualified applicants for this position. It was the consensus of the group that we issue an invitational tender to three search firms to step into the search in the event we do not get qualified applicants after the 23rd of September. The reason we are meeting today is so that the CAO can push the button on that with the approval of the Personnel Committee on the 23rd of September and not have to wait beyond that because of the length of time that has passed already. That is basically why we are here. I d like to read the Resolution and then open it up to the floor for discussion. Moved by Clarke Redpath Be it resolved that Council seeks three (3) quotes by invitation for recruitment services (consulting firms) for the position of Clerk/EDO. Tendered submissions received by September 19th, 2011 to be opened by the Personnel Committee. Personnel Committee will give direction to CAO to notify the successful bidder by end of day on September 23rd, 2011 (Friday) closing date of recent posting for same. (CAO: September 19th, next Monday, is the correct date because the Personnel Committee meeting is at 1:30 on September 19th ) Cllr Schell: I have some comments to make. I believe last summer during the election campaign, a lot of promises were made regarding financial responsibility and accusations of the previous council lacking thereof. I also recall during the election campaign individuals sitting at this table speaking on how they would like to help the children of this community, the needy families, etc. and by hiring another recruiter, you are looking at close to 1% of the tax base being taken from the parents of these children many that go without breakfast, without proper winter attire and I think it is absolutely ridiculous that we are even sitting here today considering such a thing. We have an interim applicant that is qualified for the position. Deputy Reeve Murdoch: I totally concur with Councillor Schell. Initially we did have an internal candidate that 3 Councillors and the CAO approved of, that we thought would be fine for the job. Then we went out to the next level and changed the job description which, to me, is totally a person out there you cannot find. You are looking for a Clerk slash Economic Development Officer! Now, who is qualified and who is experienced to handle both roles? They are two separate jobs. Most of all, right now, we need a full time Clerk. The Clerk who has left us worked until 7:30 p.m. each night, doing nothing but a full time Clerk job, so that is a full time job that is needed. We need it right now! We are short - 2 department heads have left; 2 department heads are on sick leave and there are other 2 Page 29 of 113

30 people that are on sick leave. We are strapped to the nines for help it is time to fill in the gaps and get these people up and running and at full tilt. People that we have here right now are overworked and overstressed; things are falling between the cracks. You cannot expect anything else. So, this thing we are advertising today, number 1) is too much money for the ratepayers; I cannot justify it. Number 2) you are looking for something that does not exist. Cllr Neville: I would like to know in the past how often we have had to hire a head hunter in other councils? Two in the last 5 months; you are spending over $20,000 each just for a recruiter. I am not aware that maybe for a CAO s position there would be one hired, but how many other councils? Deputy Reeve Murdoch: In my years, never! Cllr Clarke: For this particular position we are looking at, this is the second senior management position for the Township. This position is a step in for the CAO. It is a position that we need extreme depth of management expertise We have history with persons needing to work long extra hours. We need a new approach on this position. We need seniority and depth of experience to make this Council effective, and to deal with some of the issues and challenges within this organization. That being said, I don t think that this council at this time, looking at going forward, could hire a recruiter until we actually have gone through all the normal processes and try and recruit someone for this position. For us to continue to try and recruit with our current process we could be another 6 months, which is unfair to all of the individuals within the organization. It is unfair. It is not fair to the Township. To move this forward, we do need the assistance of somebody who is an expert in this kind of thing. Somebody who has contacts within municipal organizations around Ontario; it is just prudent for an organization to move forward as opposed to continue to stand still to do the same thing with the same results. Cllr Redpath: I don t think the fact that in recent years a recruiter has not been used is any reason to not use one today. This is the way businesses operate and I think it s high time that Minden Hills started to use some of the business approaches that successful businesses, successful municipalities and other governments use in order to fill a void, so they need help. We have advertised for both of these positions, and one that we already used a recruiter for, and I d like to add I think we have a very good candidate for. As far as the position of the Clerk is concerned, it has been stated that staff is overworked. Well, do we want to continue to have them overworked for another 6 months or 9 months while we continue to advertise for someone? Or do we want to move forward as quickly as we can to fill that job. Yes, it costs money but good business practices sometimes cost money. Initially, in the end, they save a lot of money. It has been stated there was a suitable candidate; this council decided there was not a suitable candidate. That is the reason Council is moving forward with this. So, I would highly recommend that we move forward with this and get this position filled 1) as soon as possible and 2) with the right candidate. Cllr Gall: I am echoing many of the things I am hearing around the table which is we do have a gap; we have a hole. We have to find someone who can fill this. We are doing the possible things of advertising for this position in the paper. We have an expiry date; an advertising posting that is not only in the paper but also in various other mediums where you 3 Page 30 of 113

31 have an expiry date of September 23rd. This is merely putting into place a contingency plan if we don t have somebody who can step forward and take the position of, as Larry said, the second most senior management position in the municipality. If an unfortunate incident happens, and our CAO is unavailable, that would require that the Clerk be able to step up and do the job of running the municipality. It is not a light-weight position, and I recognize that some members of this council feel there was a suitable candidate and some felt otherwise. We have to find someone who can steer the ship in the absence of our CAO should that happen. I think it is prudent to put this in motion, if we don t hear from someone by the 23rd, we don t find a suitable candidate, we have a second step to fall to. I don t know what finding, or not finding, a CAO or rather a Clerk has to do with never mind, let s not even go there Reeve: Would anyone else like to speak to the matter at hand? Reeve: Ladies and gentleman, may I remind you that you are here just to listen to this meeting, but if you want to speak you - unfortunately this is a special meeting of council and there are no delegations. We are happy to answer questions after the close of the meeting. So, at this time I would like to call for a vote on this resolution. Deputy Reeve Murdoch: I would ask for a recorded vote please. Reeve: Councillor Clarke? Cllr Clarke: What s the motion? Reeve: reread the Resolution. Res. #288 Clarke Redpath Be it resolved that Council seeks three (3) quotes by invitation for recruitment services (consulting firms) for the position of Clerk/EDO. Tendered submissions received by September 19th, 2011 to be opened by the Personnel Committee. Personnel Committee will give direction to CAO to notify the successful bidder by end of day on September 23rd, 2011 (Friday) closing date of recent posting for same. CARRIED The Reeve called for the recorded vote: Cllor Clarke yes Cllor Gall yes Deputy Reeve Murdoch no Cllr Neville no Cllr Redpth - yes Cllr Schell no Reeve - and I vote wait for it yes. 4 Page 31 of 113

32 Res. # 289 Neville Clarke Be it resolved that the following by-law be read a first, second and third time, passed and signed and the Corporate Seal affixed thereto: By-law No being a by-law to confirm the proceedings of Council at its Special Meeting held September 13th, CARRIED Res.#290 Murdoch Schell Be it resolved that the Special Council meeting of September 13th, 2011 be adjourned. CARRIED 5 Page 32 of 113

33 September 21, 2011 Dear Laura, would you please add this correspondence to the agenda on Policy 28 of the upcoming council meeting on Sept 29, I wish this correspondence included with the item. Dear Reeve and Council; The enclosed was prepared at my request by a senior executive with a major Human resources consulting firm with a specialty in Municipal affairs I hope you will take this information into account when considering your vote on Policy 28. If you have questions of me, I can be reached at Susan While many organizations provide feedback from the Board or Council to the top executive regarding senior level employees, it is rare that the Council would assist in, or have responsibility for, the actual preparation of the performance appraisal of other employees. Rather, the elected officials would provide feedback to the CAO on a voluntary basis and expect that the CAO includes this feedback (positive and negative) in the performance review discussion with the employee. There are a number of potential problems with an approach where the Board or Council is responsible for preparing or guiding the performance review of other employees. Councillors would obviously base their feedback on their direct interaction with the employee. Based on experience with a number of municipalities we hear that Councillors, in trying to assist residents or businesses within the community, will contact staff directly and seek immediate resolution. Unfortunately, many times this involves "jumping the queue" or "cutting corners," but a key part of the public servant's role is to ensure that the members of their community are treated equally and, therefore, processes have been established to ensure that due process is followed. However, the Councillor's perception of the employee's performance may be based on how responsive they are to the Councillor's request to "just make it happen." It is not uncommon. As well, Councillors are likely not knowledgeable in the formal expectations of the employee's role and, therefore, may not be basing their feedback on a sound understanding of the expectations of the job. The CAO, on the other hand, should have a comprehensive understanding of the expectations of the position. It is critical that the feedback be linked directly to these expectations. Where feedback is provided in public sector agencies, municipalities and school boards, the most common approach is a brief survey of Board members, Trustees or Councillors asking for structured feedback on the senior employees in the organization and the Chair of Committee would provide the Page 33 of 113

34 feedback to the top executive. In the municipal environment it is normally the CAO's responsibility to provide the feedback and prepare the appraisal for his/her direct reports. Rarely in either private or public sector organizations would the Board or Council participate in the actual preparation of the performance appraisal. That is typically the direct responsibility of the CAO. Page 34 of 113

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36 MEMO TO: CC: FROM: Reeve & Council CAO, Clerk, Chief Building Official Director of Community Services DATE: September 25, 2011 RE: Dock placement on Riverwalk Background: Section 5 of Policy 45 of the Township states: Existing docks within the Village of Minden shall be allowed to remain at the discretion of the Township of Minden Hills with respect to the Riverwalk Project, and maintained to a minimum standard of safety. Section 7 of Policy 45 of the Township states: Privately owned docks will not be permitted on municipal lands designated as public park or boat launches and no additional privately owned dock shall be permitted along the shore of the Gull River within the Village of Minden where the road lies between the private land and the water or where the shoreline road allowance is still owned by the Municipality. Section 10 of Policy 45 of the Township states: Improvements to legally existing docks are limited to the same size/square footage as the original dock, but not necessarily the same configuration, subject to applicable regulations, i.e. comprehensive zoning by-laws and Ministry of Natural Resources if required- This policy was adopted by Council and came in to force on March 27, At the time, notification of the proposed policy change was hand delivered to every affected residence on Invergordon Ave., Water Street and Orde Street. This is the normal practice for notification of residents for example when a high water emergency is being declared, and therefore was considered adequate to the purpose of notifying those affected by the policy change. In addition, the information was provided to all local real estate offices. It is the position of Mr. Grant and Ms. McInerney-Grant that they began construction of the dock prior to the policy coming in to force, and therefore their dock should be allowed. The policy came into force in March The inventory of docks conducted by Community Services staff in June 2008 indicates that there was no sign of a dock present at 57 Invergordon. We have photographs of all of the docks present at that time. The inventory did not include any provision to identify dock footings where no dock was visible CSD Dock policy report.docx 1/2 September 25, 2011 Page 36 of 113

37 Mr. Grant and Ms. McInerney-Grant are the first to challenge this policy. The decision of this Council as to whether the dock will be permitted or not will set a precedent with respect to the application of Policy #45. I would not be surprised to learn that at one time every house along the river had a dock of some sort. The Policy was implemented to limit the number of docks along the Riverwalk Pathway or at public boat launches to those existing as of the passing of the Policy in It would contravene that intent to permit additional docks to be placed. Financial Impact: If the decision of Council is challenged, there could be legal and/or compensatory costs to the Township. Recommendations: That Council uphold Policy #45 and deny permission for placement of a dock on the Gull River across from #57 Invergordon Avenue. Respectfully submitted Rick Cox, Director of Community Services Gerry Morrison, A.M.C.T. Chief Administrative Officer 2011-CSD Dock policy report.docx 2/2 September 25, 2011 Page 37 of 113

38 Website: P.O. Box 359, Minden, Ontario K0M 2K0 Telephone Jim McMahon Reeve Cheryl Murdoch Deputy-Reeve Peter Oyler Councillor at Large Bill Obee Councillor Ward 1 Lisa Schell Councillor Ward 1 Barbara Reid Councillor Ward 2 Information for Owners of Docks on Public Land along the Gull River in Minden Please review the complete Policy 45 of the Township of Minden Hills. Important notes: Section 5 of Policy 45 of the Township states: Existing docks within the Village of Minden shall be allowed to remain at the discretion of the Township of Minden Hills with respect to the Riverwalk Project, and maintained to a minimum standard of safety. Minimum Standards have been established by resolution of Council as follows: 1. The dock platform and any supporting members shall be structurally sound. 2. The dock shall be securely anchored to the shoreline (the use of rope is not an acceptable method). 3. The shoreline access to the dock should be achieved by appropriate ramping with no hazardous gaps in the approach. 4. There shall be no sharp metal protrusions from any part of the deck or its anchoring mechanism. Metal components shall be appropriately protected. Section 7 of Policy 45 of the Township states: Privately owned docks will not be permitted on municipal lands designated as public park or boat launches and no additional privately owned dock shall be permitted along the shore of the Gull River within the Village of Minden where the road lies between the private land and the water or where the shoreline road allowance is still owned by the Municipality. Section 8 of Policy 45 of the Township states: Written proof shall be provided naming the Township of Minden Hills as an additional insured on the liability insurance policy (an amount not less than $1,000, ) Section 10 of Policy 45 of the Township states: Improvements to legally existing docks are limited to the same size/square footage as the original dock, but not necessarily the same configuration, subject to applicable regulations, i.e. comprehensive zoning by-laws and Ministry of Natural Resources if required- Rick Ratcliff Councillor Ward 3 For clarification of this policy or other information regarding how this may apply in your circumstance, please contact either Ken Jones, Chief Building Official or Rick Cox, Director of Community Services. Gerry Morrison CAO Revised June 2010 Administration, CAO, Clerk Finance, Community Services Building, Planning & By-Law Fax: Fax: Fax: Page 38 of 113