Public Affairs

February 27, 2024

Staff Report to Dysart et al Council Re: Amendments to the Official Plan and Zoning By-law Permit Structures in the Minimum Water Setback and allow Shipping Containers in the Commercial and Rural Zones.

This report includes a letter dated November 2023 from the KLCOA Board to the Dysart Council stating:

 … We have some concerns that perhaps the suggested changes have been proposed without considering the history of the Official Plan (OP) and Zoning By-laws (ZBL) and the rationale for the current restrictions for structures in the waterfront setback.

… it is our position that these proposed changes would require formal public consultation with property owners in Dysart et al, which must include details and rationale of the proposed changes. We believe this is a process that should not be rushed.

 

December 5, 2022

Please see attached KLCOA communications thanking the outgoing  Ward 4 Councillor and welcome to our new representatives to Dysart council – Major, Deputy Mayor and Councillor.

https://klcoa-docs.s3.us-west-2.amazonaws.com/JDSmith+Recognition+Letter+2022+12+05.pdf

https://klcoa-docs.s3.us-west-2.amazonaws.com/Murray+Fearey+letter+Dec+1+2022.pdf

https://klcoa-docs.s3.us-west-2.amazonaws.com/Walt+McKenchnie+letter+Dec+1+2022.pdf

https://klcoa-docs.s3.us-west-2.amazonaws.com/Carm+Sawyer+letter+Dec+1+2022_JP.pdf

October 19, 2021

KLCOA Response to October 19th Survey Request –https://klcoa.org/wp-content/uploads/2021/10/KLCOA-Response-HC-Shoreline-Response-Oct-19-2021.pdf

August 6, 2021

KLCOA Responses to J.L. Richards & Associates Ltd. (JLR). JLR and Hutchinson Environmental Services Ltd. (HESL) e-mail questionnaire (20JUL2021) -County of Haliburton Shoreline Preservation By-law                                   https://klcoa.org/wp-content/uploads/2021/10/KLCOA-Response-HC-Shoreline-Preservation-06AUG2021-Final-4.pdf\\\

July 11, 2021

KLCOA response to Dysart et al Committee of Adjustment
Re: Variance application for lands of McPhillips and Brown, 3310 Westshore. Dysart Committee of Adjustment – July 14, 2021 Public Hearing                                                                                                                                             https://klcoa.org/wp-content/uploads/2021/10/McPhillips-Brown-Variance-July-11-2021.pdf

March 18, 2021

KLCOA response Municipality of  Dysart Council Re: Rezoning Application – Lands of Rieger, Con 2 PT Lots 13 & 14 and Closed Rd Allowance Plan 370 Block C RP19R6886 Parts 1,2,4 in the Geographic Township of Havelock, Municipality of Dysart et al. (for Dysart Committee of the Whole Meeting March 23, 2021                                                                                                                                                                                                                                                                           https://klcoa.org/wp-content/uploads/2021/10/Rieger-Rezoning-Application-KLCOA-Letter-to-Dysart-18MAR2021.pdf

KLCOA acknowledges to Haliburton County that we  support the objectives of Shoreline Preservation By-law as outlined in the staff report and by- law submitted to the Warden and members of Haliburton County Council on February 12, 2020. See letter below or you can read the KLCOA Letter by  clicking https://klcoa.org/wp-content/uploads/2020/03/Letter-to-Haliburton-County-re-Shoreline-ByLaws-27-2-2020.pdf

February 27, 2020

County of Haliburton

P.O. Box 399 Minden, Ontario K0M 2K0

Ms. Charlsey White, Director of Planning

Re: Proposed Shoreline Preservation By-law 2020

The Board of Directors of the Kennisis Lake Cottage Owners’ Association (KLCOA) and its members would like to thank Haliburton County and staff for implementing by-law 3005, the “Shoreline Tree Preservation By-law” and working to strengthen the protection of our lakes and watersheds by proposing the new “Shoreline Preservation By-law” (Draft posted for Haliburton Committee of the Whole meeting agenda, February 12, 2020). The KLCOA and the majority of our members had advocated for many years for enhanced shoreline preservation regulations in order to protect our water quality in the Kennisis Lakes and our downstream watersheds. We commend Haliburton County and staff for taking the lead in order to protect our water quality through protections such as those proposed in the Shoreline Preservation By- law.

We strongly support the objectives of Shoreline Preservation By-law as outlined in the staff report and by- law submitted to the Warden and members of Haliburton County Council on February 12, 2020. We are well aware of the benefits resulting from healthy shorelines where native deep-rooted plants do such a good job of removing nutrients before they enter our lakes and watersheds. Our Haliburton community has finally got the message that that there is a strong relationship between natural, healthy shorelines and water quality. The excellent water quality we enjoy in Haliburton is directly connected to the enjoyment of our properties, our property values and the economy of our Haliburton community.

Finally, the KLCOA supports the proposed consultation process for the proposed Shoreline Preservation By-law as outlined in the staff report to the Warden and members of Haliburton County Council (February 26, 2020). We would welcome the opportunity to participate in the consultation.

Thank you for considering our position on the proposed Shoreline Preservation By-law. You can contact me should you wish to clarify our input or engage the KLCOA in further consultation regarding the proposed by-law.

Sincerely

Jim Prince

Vice President and Stewardship Co-ordinator Kennisis Lake Cottage Owners’ Association jimprince@sympatico.ca

mob- 416-528-1738

cc:        Haliburton County Councilors – Warden, Liz Danielsen, Patrick Kennedy, Andrea Roberts, Carol Moffatt, Dave Burton, Cecil Ryan, Brent Devolin, Lisa Schell

KLCOA Board of Directors

John Smith, Councilor, Ward 4 Dysart

Paul MacInnes – Chair, Coalition of Haliburton Property Owners Associations

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KLCOA asks Dysart to reconsider  recommendations in the report to be tabled at the January 28th Council meeting (Septic Re- inspection Program – Proposed Revisions, K. Korpela to Mayor and Dysart Council) where a number of recommendations were proposed. See letter below or you can read the KLCOA Letter by  clicking http://Letter to Dysart re Septic ByLaws 26 1 2020

January 26, 2020

Ms. Andrea Roberts, Mayor

Mr. John Smith, Councillor Ward 4

Municipality of Dysart et al

P.O. Box 389 Haliburton, Ontario K0M 1S0

Re: Septic Re-inspection Program – Proposed Revisions, Report from K. Korpela to Mayor and Dysart et al Council (for Council Meeting 28 January, 2020)

The Board of Directors of the Kennisis Lake Cottage Owners’ Association (KLCOA) and its members would like to thank Dysart et al Council and staff for implementing By-law 2017-101 to require mandatory septic system re-inspections in our municipality. The KLCOA and the majority of our members had advocated for many years for a mandatory inspection program in order to protect our water quality in the Kennisis Lakes and our downstream watersheds. We strongly support the Type 4 (lids off, pump-out) inspection approach, as we believe that this is the best method for identifying damaged and improperly functioning septic systems. During the Kennisis Lakes inspection program, there were many examples of failed systems that would not have been identified without implementation of a Type 4 inspection. This evidence has been reported by both property owners and inspectors.

The recommendations in the report to be tabled at the January 28th Council meeting (Septic Re- inspection Program – Proposed Revisions, K. Korpela to Mayor and Dysart Council) makes a number of recommendations which, in our opinion, would seriously compromise the intended outcomes of the septic re-inspection program in Dysart. Keep in mind, that the primary intention of the mandatory septic re-inspection program is to protect the water quality in our lakes and in the watersheds.

A few specific concerns with the recommendations are identified below:

Recommendation 1 – Change program from mandatory tank pump out to sludge/scum measurement.

Many of the septic systems that were inspected and found to have deficiencies or failures during the Kennisis Lakes pilot would not have been found without the pump-out (both my septic system and my neighbour’s were examples). If a Type 4 approach (lids off, pump-out) is eliminated, there will be many poorly functioning septic systems left in place allowing raw septage to go directly into our lakes.

Although the Type 3 inspection protocol for Algonquin Highlands and Minden Hills are a good start, we believe that many leaking and failed systems will be missed and continue to be polluting our Haliburton lakes. That compromise is, in our opinion, a poor investment in securing lake health.

Recommendation 2 – Include remaining Area #1 properties into revised septic re- inspection program.

We strongly recommend that the current by-law approach (Type 4 inspections) and penalties (for not completing inspections) are implemented for the remaining properties in Area 1 (Kennisis Lakes). It is important for both the program credibility and the water quality in the Kennisis Lakes that we maintain the high standard that was established during the lengthy public consultations and by-law implementation.

Finally, the KLCOA would like to be consulted and included in a full review of the 2018/2019 septic re-inspection pilot program on our lakes. Although the regular updates on the re- inspection program to Council were helpful and informative, a full report developed with stakeholder consultation should be prepared. The report should contain a detailed analysis of the pilot with recommendations for the future of the re-inspection program in Dysart. The focus should be on the best possible outcomes for the health of our lakes and watersheds and not simply directed at the issues with program implementation and execution.

Thank you for considering our position on the septic re-inspection program. You can contact me should you wish to clarify our input or engage the KLCOA in consultation regarding the re- inspection by-law.

Sincerely

Jim Prince

Vice President and Stewardship Co-ordinator

Kennisis Lake Cottage Owners’ Association jimprince@sympatico.ca

mob- 416-528-1738

cc:

KLCOA Board of Directors

Pat Kennedy, Deputy Mayor

Nancy Wood-Roberts, Councillor Ward 1

Larry Clarke, Councillor Ward 2

Tammy Donaldson, Councillor Ward 3

Walt McKechnie, Councillor Ward 5

Paul MacInnes – Chair, Coalition of Haliburton Property Owners Associations

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KLCOA Asks Dysart to take into consideration Roads around the Kennisis Lakes in the 2020 Budget discussions. See letter below or you can read the KLCOA Letter by  clicking https://klcoa.org/wp-content/uploads/2020/03/Letter-to-Dysart-re-Roads-19-1-2020.pdf

January 20, 2020

Ms. Andrea Roberts, Mayor

Mr. Pat Kennedy, Deputy Mayor
Mr. John Smith, Councillor Ward 4

Municipality of Dysart et al P.O. Box 389
Haliburton, Ontario
K0M 1S0

In light of the current budget talks I am reaching out to you on behalf of the Kennisis Lake Cottage Owners’ Association on the issue of roads. Our board member John Middleton has had an ongoing relationship with Rob Camelon and Jeff Sisson suggesting improvements to our roads around the 2 lakes and making them aware of
unsafe conditions requiring attention. The process has resulted in a positive relationship and we thank Dysart for that.

With the current proposed budget we are concerned that work identified as incomplete in our October 5, 2019 letter will not progress. In the end this will result in higher costs moving forward.

Four years ago work was started to rehabilitate the stretch of Kennisis Lake Road from Paddy’s Bay to the dam. That stretch provides access not only to property owners on north side of Kennisis Lake but Paddy’s Bay and the dam (which is the main access for 56 property owners on Red Pine Lake). Although that stretch was graded in 2019 it was planned to be followed by ditching and culvert work as part of the rehabilitation. Unfortunately this work did not happen in 2019 and we now understand there is no firm plan to do that work in 2020 (only if funds become available). The taxpayers on that stretch have been more than patient with the amount of time it has taken to do the work and we hope you will reconsider ensuring that work is a priority in the 2020 budget. We are concerned that if the work is not complete soon the deterioration will end up costing even more money in the future and the work already done will be wasted.

The Kennisis Lake area also has other roads projects that have been started and not completed (the slurry seal on Watts road at the south side and the refurbishment of the last stretch of Wilkinson Road) but the Kennisis Lake Road section close to the dam has a high traffic count and has been on the table and in progress for the longest time. We sincerely hope you will look at this as a first priority and confirm it in the 2020 budget in order to prevent higher costs in the future.

I know John Middleton is following up with Rob Camelon and I hope he can pass along more positive news. Thank you for your consideration.

Sincerely,

Deb Wratschko, KLCOA President

cc: John Middleton

cc: Rob Camelon

           —————————————

Haliburton Forest is in the concept, planning process of forming a sporting clays shooting range deep within its private forested lands. They are reaching out to the KLCOA membership with information about the expected operation. Please see the attached letter with details.

You can read the KLCOA Letter by clicking Letter from Haliburton Forest re: Clay Shooting Range

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KLCOA Asks Dysart to Enact a By-Law re: The Use of Pesticides in the Kennisis Watershed

The KLCOA has received considerable comment from our membership respecting the use of pesticides (insecticides and herbicides) on our lake properties. The majority favour a total ban of the use of pesticides around our Lakes.

The KLCOA has recently engaged in an education program to our membership through e-blast, the website and newsletter.

The KLCOA has also written a letter to Dysart in strong support of enacting an appropriate By-Law eliminating the use of pesticides at properties in the Kennisis Watershed. If a total ban is not practicable, we would support a restriction covering wide, defined no application buffer zones along shorelines to reduce the risk of runoff to aquatic environments. Our position is consistent with the following statement from our Lake Plan, adopted in 2007 and endorsed by Dysart et al at the time. The Lake Pan states that the KLCOA will,

“In addition to providing education and stewardship, be willing to support the introduction of a by-law eliminating or restricting the use of pesticides, herbicides and fertilizers in the Kennisis watershed.”.

You can read the KLCOA Letter by clicking KLCOA Letter to Dysart et al Aug 20 2019 DW 

Dysart Council Report from Ward 4 Councillor John Smith – March 2019

I appreciate the opportunity to stay in touch with residents of Ward 4 and update you on activities and plans that are most likely to impact you.

As Chair of Dysart’s Environment and Climate Change Committee much of my focus is on topics which are or could impact our environment. We have been made aware that Hydro One is proposing to use a herbicide known as “Garlon” to help it control vegetation under power lines in some areas of Dysart. Possible issues related to the use of this product were discussed at the March Committee meeting and as a result staff will be reporting back on options available to both the municipality and local residents in this regard. I will share that news just as soon as possible.

We have also been discussing possible actions to reduce the amount of single use water bottles in our community. Although recycling waste is better than having it go into our landfills, the financial cost to Dysart of hauling large containers of recycled materials is substantial. Single use water bottles contribute considerable volume to our recycling bins. We have already eliminated single use plastic water bottles from Dysart’s municipal office and are looking at actions that might make it easier for people to reduce their need for plastic water bottles.

In the coming weeks Council will be looking at new regulations which could impact the use of fireworks in Dysart. Right now a noise bylaw prohibits setting off fireworks after 11 pm. While they can be entertaining we do know that some fireworks pollute our air and water with heavy metals and toxins that are not naturally there. During summer months there is also the obvious fire risk. The reality is that the use of fireworks has grown substantially in recent years, especially around our lakes. New technologies such as laser and LED lights are opening up alternatives to traditional fireworks.

Mayor Roberts has scheduled a “goals and objectives” session for Council to take place in early May. This is an opportunity for Councillors to align around a common set of goals both for immediate attention and for focus over the next three years or more. Any suggestions you would like me to consider for this session would be welcome.

I appreciate feedback and comments regarding any of these topics or others of concern to you. Please feel free to contact me by email at jsmith@dysartetal.ca or by telephone at 705-754-9844 or 647-393-5528.

KLCOA thanks Reeve Fearrey & Councillor Norcross for speaking at Spring Meeting – References Septics, Kennisis Landfill

KLCOA sent a letter thanking Reeve Fearrey & Councillor Norcross for speaking at the 2017 Spring Meeting. During the meeting, Councillor Norcross indicated that Dysart has decided to transition the Kennisis Landfill Site to a transfer station. KLCOA appreciates that Dysart has responded to our input that we need continued access to waste disposal in our area and this approach will minimize future environmental risks. Reeve Fearrey indicated his support for a 5 year “pass” for property owners who voluntarily undertake an inspection of their septic systems and complete whatever work is indicated.

KLCOA asks Dysart to Implement Mandatory Septic Re-Inspection Program

Properly maintained and functioning septic systems are critical to maintaining good water quality on our lakes. Even a properly functioning system has some impact on the lake, and a single system which is malfunctioning can have a very harmful impact on a nearby lake. Failed systems pose a serious public health risk and can contaminate the surrounding ground and water, and enter drinking water systems far beyond the property boundaries. For this reason, the KLCOA has been educating its members on proper septic system care and maintenance for many years.

It is now over 50 years since substantial development began on the Kennisis Lakes. Some properties on our lakes may still have the steel drum type sewage disposal systems that were often used before septic tanks were required. While many of these may have been replaced with proper septic systems, without a re-inspection program there is no obligation on the property owner to do the right thing. A large number of the septic systems on our lakes are older than twenty years old – and some may now be beyond their functional life.

The KLCOA believes that we need to act now to ensure that the Kennisis Lakes continue to enjoy the excellent water quality that we all enjoy. The Love Your Lake Shoreline Assessment results which you will be receiving this Spring will help property owners identify where you might re-naturalize your shorelines to put in more of a buffer zone to protect the lake. The KLCOA will be running a septic inspection “open house” this Spring to encourage property owners to voluntarily have their septic system examined by a licensed inspector. These inspections will help owners address small problems before they become big and costly issues, and will identify failing systems that need to be replaced. More details will be shared in upcoming e-Blasts and at our Spring Meeting.

We have also met with and written to Dysart et al to ask them to put in place a mandatory septic re-inspection program.  While we continue to strongly encourage voluntary efforts by all property owners to regularly pump out their septics and to voluntarily have them inspected, we believe that we have now reached the point where periodic mandatory inspection is necessary. The cost for an inspection is very minor compared to the financial impact of deteriorating lake water quality!

In 2011, the Ontario Government changed the Ontario Building Code to give municipalities the authority to implement mandatory septic re-inspections and provided guidelines for such programs. Since then, several municipalities have implemented mandatory inspection requirements. There are a number of issues to address and we are encouraged that Dysart et al is currently working on some of these elements. We have offered to assist them in implementing a mandatory septic re-inspection program, including possibly doing some kind of pilot program. We will keep our members informed as this issue progresses. In the end, we think it’s the right step to take to protect our lakes.

Dysart Review of Landfill Options

As a matter of prudent planning, the municipality of Dysart et al is reviewing its landfill sites to address environmental and financial issues. They have engaged consultants who are working with staff to do an assessment of options for each location, including the Kennisis Lake dump. While this work is in its initial stages, we understand that one option that might be put forward is closure of the Kennisis Lake dump, requiring property owners on the Kennisis and Redstone Lakes and surrounding areas to take their household garbage and recyclables to the West Guilford location.

We sent a letter to Dysart Reeve Murray Fearrey expressing our view that we need to continue to have a waste disposal approach in our immediate area, and asking for the opportunity to review documents as they become available publicly and to provide our input before any decisions are made. We also referenced the survey of members’ preferences for dump hours that we are now doing and our interest in meeting with Dysart if there is significant interest in a change of hours.

We will keep members apprised of developments on this issue through our e-blasts.

KLCOA asks Dysart to Implement Balanced Fireworks Law

Many neighbouring municipalities have put in place by-laws to impose some restrictions on the use of fireworks to address environmental, safety and noise concerns. The Canada Day Fireworks Display sponsored by the KLCOA for the community and the privately-sponsored fireworks display on the August weekend at the Marina are long-standing Kennisis traditions and are among the Association’s best-attended events. They are set up by trained pyro-technicians with safety as the first priority and to minimize impact on the lake.

On the other hand, we frequently hear complaints from members who are disturbed by fireworks late at night and who believe that safety, fire risk and environmental impact may not have been fully considered.

After some research and discussion, the KLCOA Board sent a letter to Dysart et al to ask them to consider implementing a by-law that would provide a framework for safe, environmentally-responsible and considerate fireworks displays. We indicated that we would welcome the opportunity to participate in any public consultations that Dysart might undertake in developing a by-law.

Our letter was discussed briefly at the April 25, 2016 Dysart Council meeting. There was some question as to whether another by-law was required since there already is a noise by-law, but our Councillor Susan Norcross noted the additional fire risk and Reeve Murray Fearrey noted that many other municipalities have moved forward with regulations providing a framework for safer, environmentally friendlier fireworks.

On July 25, 2016, Dysart Council passed a new noise by-law with the following clause: 2.3) No person shall discharge or cause the discharge of Fireworks between the hours of 11:00 PM and 7:00 AM.

We welcome any comments on this issue to KLCOA.president.2017@gmail.com.

KLCOA Communication to Bell Mobility and Rogers Wireless re: Cell Coverage

KLCOA sent an email in Spring 2016 to Bell Mobility and to Rogers Wireless expressing our interest in seeing further enhancements to cell coverage on the lakes.

KLCOA followed up with a letter in late August, 2016 to BCE CEO George Cope asking to work with Bell in understanding where we have wireline and wireless services around the Kennisis Lakes and identifying strategies to address gaps in service. Bell Canada has contacted KLCOA and indicated that they are now doing the analytics and will be in contact with us with respect to opportunities.

KLCOA Letter to Ontario Minister of Natural Resources Bill Mauro re: New Dock Permit Requirements

The Ontario Ministry of Natural Resources and Forestry will now require property owners to obtain authorization for construction, replacement or structural repair of docks/decks/ramps over 15 m. sq cumulatively that are supported by posts, stilts, poles or floats.

Ministry Staff in Minden advise that the requirement to apply for a permit for “replacement” applies to structural elements such as joists and cribs; however, cosmetic replacement, for example of a few rotting deck boards, will not require a permit. The 15 sq.m. limit is cumulative – that is, any combination of shoreline deck, ramp and/or dock that together exceeds 15 sq. m. will require a permit going forward. (Existing structures are grandfathered at least until structural replacement is required or expansion is desired). This includes floating docks and ramps that are entirely in the air (between a floating dock and a shoreline deck, for example).

Permit applications and a guide are available at the Minden MNRF office (12698 Hwy 35 Minden, Phone: 705-286-1521). The staff is hopeful that they will be posted online shortly. We encourage you to check with us for the most recent version when you need to apply for a permit.

While the Minden office appreciates that there will likely be a fair volume of applications for permits, at this time they are unable to estimate how long it may take for a permit to be reviewed and approved.
Please note that while this is a new requirement at the provincial level, existing municipal (and in some cases, federal) requirements still apply.

KLCOA (along with FOCA and many other stakeholders) have written to express concern to the Minister that there has not been a clear statement as to why this new requirement has been established – it is duplicative and conflicts with municipal setback requirements. We understand that criteria have not been fully established; the forms and documents are not yet available online; no process has been established to handle the expected volume of applications and the Ministry is not staffed to handle the applications.

While KLCOA recognizes that regulation of shoreline structures is necessary to protect lake habitat, we have asked the Minister to indicate why this new authorization is required. If in fact it is required, we ask the government to clearly state where permits will be required and what the criteria for authorization will be, to post the documents on-line, and ensure that they have the trained staff available to handle the applications.

KLCOA Input to Dysart Official Plan

Dysart is undertaking a review of its Official Plan – the framework document that sets broad policy direction for issues within Dysart’s jurisdiction. In August 2016, KLCOA submitted a letter with our input on the key issues.