The Corporation of the City of Kawartha Lakes

Amended Agenda

Regular Council Meeting

CC2023-020

Tuesday, September 26, 2023

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

Please visit the City of Kawartha Lakes YouTube Channel at http://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

Observance of the National Day of Truth and Reconciliation

2.3

Moment of Silent Reflection

2.4

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, August 29, 2023
Regular Council Meeting, August 29, 2023
Special Council Meeting, August 31, 2023

• That the Minutes of the Special Council Meeting of August 29, 2023, the Regular Council Meeting of August 29, 2023 and the Special Council Meeting of August 31, 2023, be received and adopted.

6.

Deputations

6.1

CC2023-020.6.1

Proposed Heritage Designation of 1011 Portage Road, Township of Eldon
(Relating to Item 14.1.11 on the Agenda)
Estrella Margolian
Jeff Margolian

• That the deputation of Estrella and Jeff Margolian, regarding the Proposed Heritage Designation of 1011 Portage Road, Township of Eldon, be received.

6.2

CC2023-020.6.2

Comments Regarding Item 5.6 from the Committee of the Whole Meeting of September 12, 2023 and Comments on Report PLAN2023-047
(Relating to Items 9.3.12 and 10.3.1 on the Agenda)
William Denby

• That the deputation of William Denby, regarding Comments Regarding Item 5.6 from the Committee of the Whole Meeting of September 12, 2023 and Comments Regarding Report PLAN2023-047, be received.

6.3

CC2023-020.6.3

Petition Regarding the Rural Zoning By-Law Consolidation Project
(Relating to Item 12.1 on the Agenda)
Angel Godsoe
Shelagh McFarlane

• That the deputation of Angel Godsoe and Shelagh McFarlane, regarding a Petition Regarding the Rural Zoning By-Law Consolidation Project, be received.

6.4

CC2023-020.6.4

Comments Regarding Report PLAN2023-047
(Relating to Item 10.3.1 on the Agenda)
Doug Shaw

• That the deputation of Doug Shaw, regarding Comments on Report PLAN2023-047, be received.

6.5

COW2023-020.6.5

Comments Regarding Report PLAN2023-047
(Relating to Item 10.3.1 on the Agenda)
Sylvia Keesmaat

• That the deputation of Sylvia Keesmaat, regarding Comments on Report PLAN2023-047, be received.

7.

Correspondence

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, September 12, 2023

• That the Minutes of the September 12, 2023 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

CW2023-205

• That the presentation by Sara Johnston, Paramedic Chief, John Prno and Todd MacDonald, of Performance Concepts, and Hanna Mayes-Frennett, of Operational Research in Health Limited, regarding the Paramedic Service Master Plan Refresh, be received.

9.3.2

CW2023-206

• That Report EMS2023-006, Paramedic Service Master Plan Refresh, be received; and

  That the recommendations, analytics, metrics and forecasting contained in Appendix A and B to Report EMS2023-006, specifically reports completed by Ontario Research in Health Limited (ORH) and Performance Concepts Consulting, be incorporated and included in the Paramedic Service Master Plan (2021).

9.3.3

CW2023-207

• That the presentation by Sara Johnston, Paramedic Chief, regarding the Paramedic Service Operational Key Performance Indicators, be received.

9.3.4

CW2023-208

• That the presentation by Jamie Golden, Deputy Chief, Professional Standards, regarding the Paramedic Service Response Time Performance Plan, be received.

9.3.5

CW2023-209

• That Report EMS2023-005, Paramedic Service Operational Key Performance Indicators, be received.

9.3.6

CW2023-210

• That Report EMS 2023-007, 2024 Response Time Performance Plan, be received;

  That the 2024 Response Time Performance Plan (RTPP) as outlined in Table 1 to Report EMS 2023-007, be approved; and

  That Staff be authorized to submit the 2024 RTPP to the Ministry of Health under part VIII of Ontario Regulation 257/00 made under the Ambulance Act, including Response Time Performance Targets.

9.3.7

CW2023-211

• That the deputation of Shelly Turner and James Turner, regarding Encroachments on Monty's Inn Street, Former Township of Ops, be received.

9.3.8

CW2023-212

• That the deputation of John Piper, regarding a Request for the Resurfacing of Lightning Point Road, Former Township of Somerville, be received; and

  That the resurfacing of Lightning Point Road, Somerville, be brought forward for consideration as a decision unit for the 2024 Capital Budget.

9.3.9

CW2023-213

• That the deputation of Ken Haggert, of the Kawartha Lakes Pickleball Association, regarding Improved Access to Pickleball in the City of Kawartha Lakes, be received.

9.3.10

CW2023-214

• That the deputation of Paul Kennedy and Carolyn Kennedy, regarding a Request for a Fence Encroachment Adjacent to 51 Cambridge Street South, Lindsay, be received.

9.3.11

CW2023-215

• That the deputation of Bill Diamond and Rob Parkhurst, regarding Maintenance of a Retaining Wall on Lots 74 and 75, Plan 365, (Helen Street) Former Township of Emily, be received.

9.3.12

CW2023-216

• That the deputation of William Denby and Doug Shaw, regarding City of Kawartha Lakes By-Law 2014-026, being the Clean and Clear By-Law for the City of Kawartha Lakes, be received.

9.3.13

CW2023-217

• That the deputation of Margaret Hope Braun, regarding the Climate Change Health Vulnerability Report Provided by the Haliburton, Kawartha, Pine Ridge District Health Unit, be received.

9.3.14

CW2023-218

• That the presentation by Sue Shikaze, Health Promoter, Haliburton, Kawartha, Pine Ridge District Health Unit, regarding a Climate Change Health Vulnerability Assessment, be received.

9.3.15

CW2023-219

• That Report LGL2023-001, Proposed Amendments to Yard Clean and Clear By-law to permit Long Grass and Native Plants in Urban Areas, be received; and

  That proposed amendments to the City’s Yard Clean and Clear By-law 2014-026, as amended, as outlined in Attachment  A, be advanced to Council for approval.

9.3.16

CW2023-220

• That Report RS2023-033, Proposed Amendments to CP2021-033 Disposal of Real Property Policy – Affordable Housing First, be received; and

  That the proposed amendments to Council Policy CP2021-033, Disposal of Real Property Policy, consolidated with the existing policy in track change format at Appendix B and in clean format at Appendix C, be approved.

9.3.17

CW2023-221

• That Report RS2023-037, Request for Encroachment Agreement – 8 Monty’s Inn Street, be received; and

  That the request for an additional License Agreement be denied and no additional encroachments be allowed, other than the existing structures that are currently permitted pursuant to the existing License Agreement.

9.3.18

CW2023-222

• That Report RS2023-040, Request for License Agreement – 51 Cambridge Street South, be received;

  That an encroachment agreement be offered to the owners of 51 Cambridge Street south to allow the encroaching fence to remain in its current location; and

  That the Mayor and Clerk be authorized to sign an Encroachment Agreement.

9.3.19

CW2023-223

• That Report ED2023-031, Proposed Heritage Designation of 13-19 Colborne Street, Village of Fenelon Falls (McArthur Block), be received;

  That the Municipal Heritage Committee’s recommendation to designate 13 Colborne Street, 15 Colborne Street, 17 Colborne Street and 19 Colborne Street 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.

9.3.20

CW2023-224

• That Report ED2023-032, Proposed Heritage Designation of 21-25 Colborne Street, Village of Fenelon Falls, be received;

  That the Municipal Heritage Committee’s recommendation to designate 21 Colborne Street, 23 Colborne Street, and 25 Colborne Street 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.

9.3.21

CW2023-225

• That Report ED2023-033, Proposed Heritage Designation of 38-40 Colborne Street, Village of Fenelon Falls (Mansion House Hotel), be received;

  That the Municipal Heritage Committee’s recommendation to designate 38-40 Colborne Street 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 property under Part IV of the Ontario Heritage Act, including the preparation and circulation of a Notice of Intention to Designate, and preparation of the designating by-law.

9.3.22

CW2023-226

• That Report ED2023-034, Proposed Heritage Designation of 39-43 Colborne Street, Village of Fenelon Falls (Jordan Block/Bank of Montreal), be received;

  That the Municipal Heritage Committee’s recommendation to designate 39 Colborne Street and 43 Colborne Street 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 property under Part IV of the Ontario Heritage Act, including the preparation and circulation of a Notice of Intention to Designate, and preparation of the designating by-law.

9.3.23

CW2023-227

• That Report ED2023-035, Proposed Heritage Designation of 4 May Street, Village of Fenelon Falls (McArthur Livery Stable), be received;

  That the Municipal Heritage Committee’s recommendation to designate 4 May Street 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 property under Part IV of the Ontario Heritage Act, including the preparation and circulation of a Notice of Intention to Designate, and preparation of the designating by-law.

9.3.24

CW2023-228

• That the Memorandum from Councillor Perry, regarding an Evaluation of the City’s Roads Program, be received;

  That Engineering Staff be directed to bring forward an evaluation of the roads plan to Council; and

  That the evaluation plan include: performance and progress on targets; contingencies and process(es) for re-prioritizing road work; recommendations regarding climate change, new technology, and links to transit and active transportation by end of Q1 2024.

9.3.25

CW2023-229

• That the Memorandum from Councillor Ashmore, regarding Support to Keep Lady Eaton Elementary School Open, be received.

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, September 13, 2023

• That the Minutes of the September 13, 2023 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

PAC2023-054

• That Report PLAN2023-047, Township of Fenelon Zoning By-law Amendment for Vacant and Agricultural Land East of Ranchers Road, Part Lots 9, 10, 11 Concession 8, Geographic Township of Fenelon, be received for information; and

  That the report be referred back to staff for processing until the review of public comments and the technical studies has been completed.

10.3.2

PAC2023-055

• That Report PLAN2023-046, Township of Eldon Zoning By-law Amendment for 1323 County Road 46, be received;

  That a Zoning By-law, respecting application D06-2023-016, substantially in the form attached as Appendix D to Report PLAN2023-046 be approved for adoption by Council; and

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

10.3.3

PAC2023-056

• That Report PLAN2023-045, former Township of Verulam Zoning By-law 6-87 at 17 Bellamy Road, be received;

  That a Zoning By-law, respecting application D06-2023-013, substantially in the form attached as Appendix D to Report PLAN2023-045 be approved for adoption by Council; and

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

10.3.4

PAC2023-057

• That Report PLAN2023-044, Township of Emily Zoning By-law Amendment for 431 Meadowview Road, be received for information; and

  That a By-law to implement the proposed zoning by-law amendment respecting application D06-2023-012 be prepared and referred to Council for approval and adoption; and

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

10.3.5

PAC2023-058

• That the deputation of Matthew Cory, regarding Report PLAN2023-048 (Item 6.1 on the Agenda), be received.

10.3.6

PAC2023-059

• That Report PLAN2023-048, Draft Plan of Subdivision (16T-22503) on KL Road 36, Township of Ops, Flato Community Lindsay Inc. (D05-2022-003) be received;

  That the Draft Plan of Subdivision (16T-22503), as shown on Appendix B together with the conditions substantially in the form attached as Appendix C and red-line revisions attached as Appendix D to Report PLAN2023-048, be referred to Council for approval and adoption; and

  That the Mayor and Clerk be authorized to execute any documents 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

CAO2023-003

Municipal Housing Pledges and Targets, Strong Mayor Powers and Building Faster Fund
Ron Taylor, Chief Administrative Officer

• That Report CAO2023-003, Municipal Housing Pledges and Targets, and Strong Mayor Powers, be received.

11.1.2

CLK2023-004

Review and Update of the Flag Policy 
Cathie Ritchie, City Clerk

• That Report CLK2023-004, Review and Update the Flag Policy, be received;

  That the amendments to the Flag Policy, be approved; and

  That the policy entitled Flag Policy, attached as Appendix B to Report CLK2023-004, be adopted and numbered for inclusion in the City’s Policy Manual replacing Policy CP2021-038.

11.1.3

CORP2023-021

2023 Q2 Capital Program and Special Project Close
Logan Watson, Junior Accountant

• That Report CORP2023-021, 2023 Q2 Capital Program and Special Project Close, be received;

  That the capital programs and special projects identified in Appendix A to Report CORP2023-021 be approved for closure; and,

  That the balances in the table below and provided in Appendix A be transferred to the corresponding reserves;

  Reserve	Report Closing Balance
  Capital Contingency Reserve	$211,105.80
  General Contingency Reserve	$163,463.39
  Kawartha Lakes Police Reserve	($67,689.20)
  Public Works Fleet Reserve	($28,967.40)
  Sewer Infrastructure Reserve	($150,346.00)
  Water Infrastructure Reserve	$146,986.06

  That the programs and special projects identified in Appendix D be granted an extension as detailed in the “Extension Date Requested”;

  That the programs listed below, and provided in Appendix A, be approved for additional debenture financing; and

  Capital Program Number	Capital Program Description	Additional Debenture Funding
  998170600	Fenelon Water Treatment	$20,109.34
  998150601	Mariposa Estates Distribution System-Construction	$6,764.76
  998160900	Vimy St W&W Main Replacement-Construction	$58,574.44
  998161001	Russell St W Watermain Replacement-Construction	$119,833.54
  998162500	Bond St W (Adelaide to Sussex) W&S	$200,000.00
  Total		$405,282.08

  That an upset limit of $100,000.00 be transferred from the Contingency Reserve (1.32090) - committed to Victoria Manor for the Facility Master Plan, to finance the Service Management Contract review for Victoria Manor. 

11.1.4

PUR2023-031

2023-83-CQ Rainbow Bridge Replacement
Linda Lee, Buyer
Corby Purdy, Manager, Infrastructure, Design and Construction

• That Report PUR2023-031, 2023-83-CQ Rainbow Bridge Replacement, be received;

  That Ratcliff Excavating & Grading be awarded Request for Quotation 2023-83-CQ Rainbow Bridge Replacement for the amount quoted of $1,180,465.00 not including HST;

  That DM Wills be awarded the Contract Administration and Inspection in the amount of $120,610.00 (not including HST), to be funded from the Capital Contingency Reserve (1.32248);

  That the remaining additional financing required to complete the construction of the Rainbow Bridge (983230101) of $108,355.00 be funded from the Capital Contingency Reserve (1.32248);

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

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

11.1.5

PLAN2023-049

Removal of Holding Four (H4) Symbol for 43 Kent Street East, Former Town of Lindsay
Maryann Hunt, Supervisor of Development Services

• That Report PLAN2023-049, Removal of Holding Four (H4) Symbol for 43 Kent Street East, Former Town of Lindsay, be received;

  That the proposed zoning by-law amendment, substantially in the form attached as Appendix ‘B’ to Report PLAN2023-049, be approved by Council; and

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

11.1.6

ED2023-060

Proposed Listing of 75 Ridge Drive, Township of Bexley
Emily Turner, Economic Development Officer - Heritage Planning

• That Report ED2023-060, Proposed Listing of 75 Ridge Drive, Township of Bexley, be received; and

  That the addition of 75 Ridge Drive to the City’s Heritage Register as a property of cultural heritage value or interest be approved.

11.1.7

BLDG2023-001

Sign By-Law 2009-076, Amendment No. 8
Susanne Murchison, Chief Building Official

• That Report BLDG2023-001, Sign By-law 2009-076, Amendment No. 8, be received;

  That the proposed sign by-law amendment, substantially in the form attached as Appendix B to Report BLDG2023-001, be approved by Council; and

  That the necessary amending by-law be brought forward for adoption.

11.1.8

CA2023-004

Early-Start Approval for Designated Proposed 2024 Capital Projects
Adam Found, Manager of Corporate Assets

• That Report CA2023-004, Early-Start Approval for Designated Proposed 2024 Capital Projects, be received; and

  That the proposed capital projects identified in Table 1 of Report CA2023-004 be approved as part of the 2024 Water-Wastewater Capital Budget.

11.1.9

HS2023-007

Cross Jurisdictional Child Care
Janine Mitchell, Manager, Human Services

• That Report HS2023-007, Cross Jurisdictional Child Care, be received;

  That the Agreement between the Corporation of the City of Kawartha Lakes and the Regional Municipality of Durham for the purpose of the provision of cross jurisdictional child care, attached as Appendix A to report HS2023-007, be approved, and

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

11.2

Items Extracted from Consent

12.

Petitions

12.1

CC2023-020.12.1

Petition Regarding the Rural Zoning By-Law Consolidation Project
(A complete copy of the petition with 205 signatures is available for viewing at the City Clerk's Office)
Angel Godsoe

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 14.1.11 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

CC2023-020.14.1.1

By-Law to Establish Parcels of Land within the City of Kawartha Lakes as Public Highway (Centreline Road)

14.1.2

CC2023-020.14.1.2

By-Law to Designate 353 Bury’s Green Road, Geographic Township of Somerville in the City of Kawartha Lakes

14.1.3

CC2023-020.14.1.3

By-Law to Designate 797 Martins Road Road, Geographic Township of Verulam in the City of Kawartha Lakes

14.1.4

CC2023-020.14.1.4

By-Law to Amend By-Law 2009-076, being a By-Law to Regulate Advertising Devices in the City of Kawartha Lakes (The Sign By-Law)

14.1.5

CC2023-020.14.1.5

By-Law to Amend the Township of Lindsay Zoning By-Law 2000-75 to Rezone Land within the City of Kawartha Lakes (43 Kent Street East)

14.1.6

CC2023-020.14.1.6

By-Law to Appoint a Municipal Law Enforcement Officer for the Corporation of the City of Kawartha Lakes (Murphy, Jordan)

14.1.7

CC2023-020.14.1.7

By-Law to Appoint a Municipal Law Enforcement Officer for the Corporation of the City of Kawartha Lakes (Smallwood, Mackenzie)

14.1.8

CC2023-020.14.1.8

By-Law to Amend the Township of Eldon Zoning By-Law No. 94-14 to Rezone Land within the City of Kawartha Lakes (1323 County Road 46)

14.1.9

CC2023-020.14.1.9

By-Law to Amend the Township of Verulam Zoning By-Law 6-87, as Amended, to Rezone Land within the City of Kawartha Lakes (17 Bellamy Road)

14.1.10

CC2023-020.14.1.10

By-Law to Amend The Township of Emily Zoning By-Law 1996-30, To Rezone Land within the City of Kawartha Lakes (431 Meadowview Road)

14.1.11

CC2023-020.14.1.11

By-Law to Designate 1011 Portage Road, Geographic Township of Eldon in the City of Kawartha Lakes

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, September 26, 2023, namely Items 16.3.1 to and including 16.3.3.

16.3.1

CC2023-020.16.3.1

Confidential Closed Session Minutes, Regular Council Meeting of August 29, 2023
Municipal Act 2001, s.239(2)(b) Personal Matters About Identifiable Individuals
Municipal Act 2001, s.239(2)(c) Proposed or Pending Acquisition or Disposition of Land
Municipal Act 2001, s.239(2)(d) Labour Relations or Employee Negotiations
Municipal Act 2001, s. 239(2)(e) Litigation or Potential Litigation, Including Matters before Administrative Tribunals, Affecting the Municipality

16.3.2

CC2023-020.16.3.2

Market Review - Verbal Report
Municipal Act, 2001 s.239(2)(d) Labour Relations or Employee Negotiations
Sara Beukeboom, Director of Corporate Services

16.3.3

CC2023-020.16.3.3

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

17.

Matters from Closed Session

18.

Confirming By-Law

By-Law to Confirm the Proceedings of Regular Meeting of Council of September 26, 2023

19.

Adjournment