The Corporation of the City of Kawartha Lakes
Agenda

Regular Council Meeting

CC2024-04

Tuesday, February 20, 2024

Open Session Commencing at 1:00 p.m.

Council Chambers

City Hall

26 Francis Street, Lindsay, Ontario K9V 5R8

Members:

• Mayor Doug Elmslie
• Deputy Mayor Charlie McDonald
• Councillor Ron Ashmore
• Councillor Dan Joyce
• Councillor Mike Perry
• Councillor Tracy Richardson
• Councillor Eric Smeaton
• Councillor Pat Warren
• Councillor Emmett Yeo

Please visit the City of Kawartha Lakes YouTube Channel at https://www.youtube.com/c/CityofKawarthaLakes to view the proceedings electronically.

 

Accessible formats and communication supports are available upon request. The City of Kawartha Lakes is committed to accessibility for persons with disabilities. Please contact [email protected] if you have an accessible accommodation request.

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1.

Call to Order

2.

Opening Ceremonies

2.1

O Canada

2.2

Moment of Silent Reflection

2.3

Adoption of Open Session Agenda

3.

Disclosure of Pecuniary Interest

4.

Notices and Information by Members of Council and Staff

4.1

Council

4.2

Staff

5.

Council Minutes

Special Council Meeting, January 30, 2024
Regular Council Meeting, January 30, 2024

• That the Minutes of the January 30, 2024 Special Council Meeting and of the January 30, 2024 Regular Council Meeting, be received and adopted.

6.

Deputations

7.

Correspondence

7.1

CC2024-03.7.1

Correspondence Regarding a Closed Meeting Complaint
Paul Dube, Ombudsman of Ontario

• That the correspondence from Paul Dube, of the Ombudsman of Ontario, regarding a Closed Session Meeting Complaint, be received.

8.

Presentations

9.

Committee of the Whole

9.1

Correspondence Regarding Committee of the Whole Recommendations

9.2

Committee of the Whole Minutes

Committee of the Whole Meeting, February 6, 2024

• That the Minutes of the February 6, 2024 Committee of the Whole Meeting be received and the recommendations, included in Section 9.3 of the Agenda, be adopted.

9.3

Business Arising from Committee of the Whole Minutes

9.3.1

CW2024-022

• That the deputation of Doug Hellawell, regarding Dock Spaces in Dunsford, be received.

9.3.2

CW2024-023

• That all dock licensing fees be frozen at the current rate for the balance of the current term of Council.

9.3.3

CW2024-024

• That the deputation of Frank Arnold and Anke Arnold, regarding a Request for an Entrance Permit, be received; and

  That Staff engage with Frank Arnold and Anke Arnold to outline the solutions that are available to resolve the entrance permit issue.

9.3.4

CW2024-025

• That the deputation of James Cochrane and Amanda Wilson, regarding a Request to Purchase the Portion of Road Allowance along the South and West Sides of 7 Thomas Street, Pontypool, be received.

9.3.5

CW2025-026

• That the deputation of Gene Balfour, regarding Energy Security, be received.

9.3.6

CW2024-027

• That the deputation of Joan Abernethy, regarding Foreign Interference with Municipal Government, be received.

9.3.7

CW2024-028

• That the deputation of Sherry McKelvey, regarding Snow Removal, be received.

9.3.8

CW2024-029

• That the correspondence from Gene Balfour, regarding Energy Security, be received.

9.3.9

CW2024-030

• That the presentation by Michael Farquhar, Manager of Technical Services, regarding an Update on the Status of the Low Volume Gravel Roads Program, be received.

9.3.10

CW2024-031

• That Report ENG2024-001, Update on the Status of the Low Volume Gravel Roads Program, be received.

9.3.11

CW2024-032

• That Report CS2024-002, Release of Fenelon Falls Legacy C.H.E.S.T. Funds, be received;

  That the Fenelon Falls Turkey Trot be approved for funding in the amount of $6,000.00 with the allocation to come from the Fenelon Falls Legacy C.H.E.S.T. Reserve (3.24350);

  That the Kawartha Lakes Community Co-operative on behalf of the Fenelon Arts Committee be approved for funding in the amount of $6,220.00 with the allocation to come from the Fenelon Falls Legacy C.H.E.S.T. Reserve (3.24350); and

  That the Fenelon Falls Grannies be approved for funding in the amount of $1,000.00 with the allocation to come from the Fenelon Falls Legacy C.H.E.S.T. Reserve (3.24350).

9.3.12

CW2024-033

• That Report ED2024-003, Proposed Heritage Designation of 479 Eldon Road, Geographic Township of Mariposa (Little Britain Public and Continuation School), be received;

  That the Municipal Heritage Committee’s recommendation to designate 479 Eldon Road under Part IV of the Ontario Heritage Act as being of cultural heritage value or interest be endorsed; and

  That staff be authorized to proceed with the process to designate the subject properties under Part IV of the Ontario Heritage Act, including the preparation and circulation of Notices of Intention to Designate, and preparation of the designating by-laws.

9.3.13

CW2024-034

• That Report ED2024-004, Proposed Heritage Designation of 13-17 King Street East, Village of Omemee (Grandy Block), be received;

  That the Municipal Heritage Committee’s recommendation to designate 13-17 King Street East under Part IV of the Ontario Heritage Act as being of cultural heritage value or interest be endorsed; and

  That staff be authorized to proceed with the process to designate the subject properties under Part IV of the Ontario Heritage Act, including the preparation and circulation of Notices of Intention to Designate, and preparation of the designating by-laws.

9.3.14

CW2024-035

• That Report ED2024-005, Proposed Heritage Designation of 31-37 King Street East, Village of Omemee (Ivory and Williamson Block), be received;

  That the Municipal Heritage Committee’s recommendation to designate 31-37 King Street East under Part IV of the Ontario Heritage Act as being of cultural heritage value or interest be endorsed; and

  That staff be authorized to proceed with the process to designate the subject properties under Part IV of the Ontario Heritage Act, including the preparation and circulation of Notices of Intention to Designate, and preparation of the designating by-laws.

9.3.15

CW2024-036

• That Report CS2024-001, Customer Experience Strategy, be received.

9.3.16

CW2024-037

• That Report ML2024-001, Backyard Chicken Coops Pilot Project, be received;

  That Section 3.00 of By-Law 2021-072, being a By-Law to Regulate Animals in the City of Kawartha Lakes, be amended, as outlined within Appendix C to Report ML2024-001;

  That By-Law 2018-234, being the Consolidated Fees By-Law, be amended to remove the licensing fee for coop registration and inspection; and

  That the necessary By-Laws be brought forward to Council for consideration.

9.4

Items Extracted from Committee of the Whole Minutes

10.

Planning Advisory Committee

10.1

Correspondence Regarding Planning Advisory Committee Recommendations

10.2

Planning Advisory Committee Minutes

Planning Advisory Committee Meeting, February 7, 2024

• That the Minutes of the February 7, 2024 Planning Advisory Committee Meeting be received and the recommendations, included in Section 10.3 of the Agenda, be adopted.

10.3

Business Arising from Planning Advisory Committee Minutes

10.3.1

PAC2024-008

• That Report PLAN2024-009, Application to Amend the Township of Emily Zoning By-law 1996-30 at 14 Lawson Court, Omemee - Karthaus, be received;

  That a Zoning By-law Amendment, respecting application D06-2023-032, substantially in the form attached as Appendix D to Report PLAN2024-009, be approved for adoption by Council; and

  That the Mayor and Clerk be authorized to execute any documents required by the approval of this application.

10.3.2

PAC2024-009

• That Report PLAN2024-010, Town of Lindsay Zoning By-law Amendment for Hamilton Street, Lots 51 to 57 and 64 to 66, Plan 137, Part of Robertson Avenue, Reg. Plan 137, be received for information; and

  That Report PLAN2024-010, Town of Lindsay Zoning By-law Amendment for Hamilton Street, Lots 51 to 57 and 64 to 66, Plan 137, Part of Robertson Avenue, Reg. Plan 137, be referred back to staff for processing until review of the technical studies has been completed.

10.3.3

PAC2024-010

• That the Chair coordinate with the Director of Development Services a meeting where Planning Staff, and the CAO are present with the members of the Planning Advisory Committee to have input into the 2024-2027 City of Kawartha Lakes Strategic Plan.

10.3.4

PAC2024-011

• That Report ENG2023-032, Assumption of Pearson Farms Subdivision, Phase 4B, Lindsay, be received;

  That the Assumption of Pearson Farms Subdivision, Phase 4B, Geographic Town of Lindsay, City of Kawartha Lakes, be approved;

  That an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG2023-032 be approved and adopted by Council; and

  That the Mayor and City Clerk be authorized to execute any documents and agreements required by the approval of this application.

10.4

Items Extracted from Planning Advisory Committee Minutes

11.

Consent Matters

• That all of the proposed resolutions shown in Section 11.1 of the Agenda be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered.

11.1

Reports

11.1.1

CAO2024-003

LDBIA Surveillance Cameras Project Funding
Ron Taylor, Chief Administrative Officer

• That Report CAO2024-003, Lindsay BIA Downtown Surveillance Cameras, be received.

11.1.2

CORP2024-003

Fleet Capital Replacement- Two (2) Front End Wheel Loaders
Carolyn Daynes, Treasurer
Rod Porter, Fleet Manager

• That Report COPR2024-003, Fleet Capital Replacement- Two (2) Front End Wheel Loaders, be received;

  That capital projects 994230206-Landill Compactors and 994230216-Excavators be closed and the balances of $406,592.73 and $428,476.26 (per Table 1) be returned to the Public Works Fleet Reserve;

  That a new project be created for the purchase of Two (2) Front End Wheel Loaders with a total budget of $802,000.00 funded from the Public Works Fleet Reserve.

11.1.3

PUR2024-003

Single Source Purchase of Cardiac Monitors for Paramedic Service
Ashley Wykes, Buyer
Steve Lucas, Deputy Chief - Operations

• That Report PUR2024-003, Single Source Purchase of Cardiac Monitors for Paramedic Service, be received;

  That Stryker be awarded the single source purchase of four (4) cardiac monitors for 2024 at a total cost of $134,260.00 plus HST;

  That following successful completion of the 2024 purchases, Stryker be awarded an additional four (4), one (1) year optional renewals to December 31, 2028, to provide cardiac monitors to the City on an as required basis; and

  That the Paramedic Service Department be authorized to issue a purchase order.

11.1.4

PUR2024-004

2024-011-CQ Ellice Street Road Reconstruction
Linda Lee, Buyer
Corby Purdy, Manager, Infrastructure Design and Construction

• That Report PUR2024-004, 2024-011-CQ Ellice Street Reconstruction, be received;

  That GIP Paving Inc. of Bowmanville be selected for the award of Request for Quotation 2024-011-CQ Ellice Street Reconstruction for the tender price of $4,463,239.70 (not including HST);

  That the deficit of $1,570,507.00 in water-wastewater project 998240411 be financed $270,912.46 (17.25%) by Water Debenture, $514,341.04 (32.75%) by the Water Distribution Account of the Development Charges Reserve, and $785,253.50 (50%) by Wastewater Debenture;

  That subject to the receipt of the required documents, the Director of Engineering and Corporate Assets be authorized to execute the agreement to award Request for Quotation #2024-011-CQ; and

  That the Engineering and Corporate Assets Department be authorized to issue a purchase order.

11.1.5

PUR2024-005

Development Services - Planning - Active Transportation Master Plan Project
Kristy L. Wilson, Junior Buyer
Leah Barrie, Director of Development Services

• That Report PUR2024-005, Development Services-Planning Active Transportation Master Plan Project, be received;

  That Council approve the additional financing of $30,000.00 for project 921203301, the Planning Active Transportation Master Plan, as follows:

  • $22,500.00 from the Development Charge Reserve Fund – Transit (3.24140 A-331178) and
  • $7,500.00 from the General Contingency Reserve (1.32090), to finance the 2024 requirement for the Planning Active Transportation Master Plan project; and

  That the department be authorized to issue purchase orders and change orders.

11.1.6

PLAN2024-005

By-Law to Deem Lot 20 Plan 339 (5 Elm Street, Geographic Township of Verulam)
Maryann Hunt, Supervisor of Development Planning

• That Report PLAN2024-005, By-Law to Deem Lot 20 Plan 339 (5 Elm Street), Geographic Township of Verulam be received;

  That a Deeming By-Law respecting Lot 20 Plan 339 (5 Elm Street), Geographic Township of Verulam, substantially in the form attached as Appendix B and C to Report PLAN2024-005, be approved and adopted by Council; and

  That the Mayor and Clerk be authorized to execute the by-law required by the approval of this application.

11.1.7

PLAN2024-006

By-Law to Deem Block 100, Plan 57M802 (n/s Alcorn Drive), former Town of Lindsay
Maryann Hunt, Supervisor of Development Planning

• That Report PLAN2024-006, By-Law to Deem Block 100 Plan 57M802 (n/s Alcorn Drive), former Town of Lindsay be received;

  That a Deeming By-Law respecting Block 100 Plan 57M802 (n/s Alcorn Drive), former Town of Lindsay, substantially in the form attached as Appendix B and C to Report PLAN2024-006, be approved and adopted by Council; and

  That the Mayor and Clerk be authorized to execute the by-law required by the approval of this application.

11.1.8

PLAN2024-007

By-Law to Deem Lots 57 and 58, Plan 365, Geographic Township of Emily
Maryann Hunt, Supervisor of Development Planing

• That Report PLAN2024-007, By-Law to Deem Lots 57 and 58, Plan 365, Geographic Township of Emily be received;

  That a Deeming By-Law respecting Lots 57 and 58, Plan 365, Geographic Township of Emily substantially in the form attached as Appendix B and C to Report PLAN2024-007, be approved and adopted by Council; and

  That the Mayor and Clerk be authorized to execute the by-law required by the approval of this application.

11.1.9

PLAN2024-008

Removal of Holding (H) Symbol for King’s Wharf Subdivision Lots 8, 9 and 18
Maryann Hunt, Supervisor of Development Planning

• That Report PLAN2024-008, Removal of Holding (H) Symbol for King’s Wharf Subdivision Lots 8, 9 and 18, Plan 57M-808, Geographic Township of Emily, be received;

  That the proposed zoning By-Law amendment, substantially in the form attached as Appendix B and C to Report PLAN2024-008, be adopted by Council; and

  That the Mayor and Clerk be authorized to execute the by-law required by the approval of this application.

11.1.10

ENG2024-005

Thornhill Reservoir Retaining Wall Replacement
Nafiur Rahman, Supervisor of Environmental Capital Project Management 

• That Report ENG2024-005, Thornhill Water Reservoir Retaining Wall Replacement, be received;

  That Youngs Excavating of Cameron Ontario be awarded Thornhill Water Reservoir Retaining Wall Replacement for the amount of $139,831.00 not including HST;

  That Council authorize the additional project funding in the amount of $55,247.00 be allocated to the project 998230301 from the Water Infrastructure Reserve;

  That Subject to the receipt of the required documents, the Director of Engineering and Corporate Assets be authorized to execute the agreement to award the contract; and

  That Engineering and Corporate Assets be authorized to issue a purchase order.

11.2

Items Extracted from Consent

12.

Petitions

12.1

CC2024-04.12.1

Request for Speed Limit Reduction on Riverview Road, Town of Lindsay
A complete copy of the Petition with 39 signatures is available for viewing at the City Clerk's Office
Sandra Kutansienski

13.

Other or New Business

14.

By-Laws

• That the By-Laws shown in Section 14.1 of the Agenda, namely: Items 14.1.1 to and including 14.1.15 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

14.1

By-Laws by Consent

14.1.1

CC2024-04.14.1.1

By-Law to Stop Up, Close, and Sell Part of the Southwest 1/4 of Lot 2, Concession 4, in the Geographic Township of Emily, City of Kawartha Lakes, being Part 5 on HWY864H (PIN: 63255-0122 (LT)) and to Authorize the Sale of the Land to the Abutting Owner (1459 Mount Horeb Road)

14.1.2

CC2024-04.14.1.2

By-Law to Repeal and Replace By-Law 2023-165 being a By-Law to Establish Parcels of Land within the City of Kawartha Lakes as Public Highway

14.1.3

CC2024-04.14.1.3

By-Law to Repeal and Replace By-Law 2024-006 being a By-Law to Stop Up, Close, and Sell Part of the Road Allowance between Lots 20 and 21, Concession 6, in the Geographic Township of Ops, City of Kawartha Lakes, designated as Parts 1, 2, and 3, on Plan 57R-11114 (62 Ridout Street, Lindsay)

14.1.4

CC2024-04.14.1.4

By-Law to Amend By-Law 2021-162, being a By-Law to Regulate Water and Wastewater Services in the City of Kawartha Lakes

14.1.5

CC2024-04.14.1.5

By-Law to Amend By-Law 2018-234, being a By-Law to Establish and Require Payment of Fees for Information, Services, Activities and Use of City Property in The City of Kawartha Lakes (known as the Consolidated Fees By-law)

14.1.6

CC2024-04.14.1.6

By-Law to Appoint a Municipal Law Enforcement Officer for Limited By-law Enforcement Purposes (Parking Enforcement) (Nicholson, Courtney)

14.1.7

CC2024-04.14.1.7

By-Law to Appoint a Municipal Law Enforcement Officer for Limited By-law Enforcement Purposes (Parking Enforcement (Parking Enforcement) (Justin, Robert)

14.1.8

CC2024-04.14.1.8

By-Law to Appoint a Municipal Law Enforcement Officer for Limited By-law Enforcement Purposes (Parking Enforcement) (Justin, Patricia)

14.1.9

CC2024-04.14.1.9

By-Law to Appoint a Municipal Law Enforcement Officer for the City of Kawartha Lakes (Blondin, Adina)

14.1.10

CC2024-04.14.1.10

By-law to Amend The Township of Emily Zoning By-law 1996-30, as amended, To Rezone Land within the City of Kawartha Lakes (14 Lawson Court, Omemee)

14.1.11

CC2024-04.14.1.11

By-Law to Assume Laurent Boulevard, Registered Plan 57M-789, PIN: 63237-1562, Matchett Crescent, PIN: 63237-1564, Gee Crescent, PIN:63237-1563, and Speer Street, PIN: 63237-1565, all Previously Dedicated and Conveyed to the Municipality upon Registration of Plan 57M-789, Geographic Town of Lindsay, The Corporation of the City of Kawartha Lakes (Pearson Farms Subdivision, Phase 4B, Lindsay)

14.1.12

CC2024-04.14.1.12

By-Law to Deem Part of a Plan of Subdivision, Previously Registered for Lands Within Kawartha Lakes,
Not to be a Registered Plan of Subdivision In Accordance with the Planning Act PIN Number 63125-0251 (LT), Lot 20, Plan 339, Geographic Township of Verulam, now City of Kawartha Lakes

14.1.13

CC2024-04.14.1.13

By-Law to Deem Part of a Plan of Subdivision, Previously Registered for Lands within Kawartha Lakes, Not to be a Registered Plan of Subdivision in Accordance with the Planning Act PIN Number 63205-1033 (LT), Block 100, Plan 57M802, former Town of Lindsay, now City of Kawartha Lakes

14.1.14

CC2024-04.14.1.14

By-Law to Deem Part of a Plan of Subdivision, Previously Registered for Lands within Kawartha Lakes, Not to be a Registered Plan of Subdivision in Accordance with the Planning Act PIN Number 63259-0500 (LT), Lots 57 and 58, Registered Plan 365, Geographic Township of Emily, Now City of Kawartha Lakes

14.1.15

CC2024-04.14.1.15

By-Law to Amend the Township of Emily Zoning By-Law 1996-30 to Rezone Land within the City of Kawartha Lakes (Lots 8, 9 and 18, Plan 57M-808, Emily)

14.2

By-Laws Extracted from Consent

15.

Notice of Motion

16.

Closed Session

16.1

Adoption of Closed Session Agenda

16.2

Disclosure of Pecuniary Interest in Closed Session Items

16.3

Move Into Closed Session

• That Council convene into closed session at ___ p.m. pursuant to Section 239(2) of the Municipal Act, S.O. 2001 s.25, in order to consider matters identified in Section 16.3 of the Regular Council Meeting Agenda of Tuesday, February 20, 2024, namely Items 16.3.1 to and including 16.3.7.

16.3.1

CC2024-04.16.3.1

Confidential Closed Session Minutes, Regular Council Meeting, January 30, 2024
Municipal Act, 2001 s.239(2)(d) Labour relations or employee negotiations
Municipal Act, 2001 s.239(2)(i) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other
negotiations of a person, group of persons, or organization
Municipal Act, 2001 s.239(2)(k)a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board

16.3.2

CC2024-04.16.3.2

Contract 2022-102-OQ Supply and Operation of Plow Trucks for Winter Maintenance of East Area Secondary Roads
Municipal Act, 2001 s.239(2)(i) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization
Doug Elmslie, Mayor

16.3.3

RS2024-002

Disposition of Road Allowances Adjacent to 80 Ellice Street, Fenelon Falls 
Municipal Act, 2001 s.239(2)(c) Proposed or Pending Acquisition or Disposition of Land
Laura Carnochan, Law Clerk, Realty Services

16.3.4

RS2024-004

Disposition of Road Allowance Adjacent to 79 Rainbow Road, Fenelon Falls 
Municipal Act, 2001 s.239(2)(c) Proposed or Pending Acquisition or Disposition of Land
Laura Carnochan, Law Clerk, Realty Services

16.3.5

RS2024-005

Disposition of Part of Lot 9 and Part of Block 14 and Part of Commerce Road on Plan 608, Lindsay 
Municipal Act, 2001 s.239(2)(c) Proposed or Pending Acquisition or Disposition of Land
Laura Carnochan, Law Clerk, Realty Services

16.3.6

CC2024-04.16.3.6

Meeting Protocols - Verbal Report
Municipal Act, 2001 s.239(2)(a) The Security of the Property of the Municipality or Local Board
Ron Taylor, Chief Administrative Officer

16.3.7

CC2024-04.16.3.7

Verbal Update and Debrief - Strategic Plan for the City of Kawartha Lakes (2024-2027)
Municipal Act, 2001 s.239(3.1)(1) The Meeting is held for the purpose of education or training the members
Municipal Act, 2001 s.239(3.1)(2) At the Meeting, no member discuses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council
Ron Taylor, Chief Administrative Officer

17.

Matters from Closed Session

18.

Confirming By-Law

By-Law to Confirm the Proceedings of the Regular Council Meeting of February 20, 2024

19.

Adjournment