The Corporation of the City of Kawartha Lakes

Minutes

Regular Council Meeting

CC2022-12

Tuesday, November 22, 2022

Open Session Commencing at 1:00 p.m. - Electronic Public Participation

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

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

Mayor Elmslie called the Meeting to order at 1:00 p.m. Deputy Mayor T. Richardson and Councillors R. Ashmore, D. Joyce, C. McDonald, M. Perry, E. Smeaton, P. Warren and E. Yeo were in attendance.

CAO R. Taylor, City Clerk C. Ritchie, Deputy Clerk S. O'Connell, Deputy Clerk J. Watts, and Directors C. Faber, R. Holy and C. Shanks were in attendance in Council Chambers.

Directors B. Robinson, J. Rojas, City Solicitor R. Carlson and Manager of Municipal Law Enforcement and Licensing A. Sloan were in attendance electronically.

2.

Opening Ceremonies

2.1

O Canada

​The Meeting was opened with the singing of 'O Canada'.

2.2

Moment of Silent Reflection

​The Mayor asked those in attendance to observe a Moment of Silent Reflection.

2.3

Adoption of Open Session Agenda

• CR2022-373
  Moved By Deputy Mayor Richardson
  Seconded By Councillor McDonald

  That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, November 22, 2022, be adopted as circulated and with the following amendment:

  Addition:

  Item 7.1 Correspondence Regarding the Association of Municipalities of Ontario ("AMO") Submission on Bill 23, More Homes Built Faster Act, 2022

  Carried

3.

Disclosure of Pecuniary Interest

There were no declarations of pecuniary interest disclosed.

4.

Notices and Information by Members of Council and Staff

4.1

Council

Councillor Yeo:

• A Christmas Bazaar and Luncheon will be held at Hope United Church on Saturday November 26th from 10:00 a.m. to 2:00 p.m.
• A March for Peace will be held in Norland on Sunday December 11th starting at the Public Library; residents are encouraged to attend the march through the Village.

Deputy Mayor Richardson:

• A Christmas Craft and Gift Show will be held at the Pontypool Community Centre on Saturday, November 26th from 10:00 a.m. to 2:00 p.m.
• The Janetville Christmas Sale will be held at the Janetville Community Centre on Sunday, November 27th from 10:00 a.m. to 3:00 p.m.
• The Pontypool Santa Clause Parade will be held in Downtown Pontypool on Saturday, December 3rd at 6:30 p.m.
• The Pontypool Santa Breakfast will be held at the Pontypool Community Centre on Sunday, December 4th; there will be three seating's starting at 8:00 a.m.
• The Janetville Santa Breakfast will be held at the Janetville Community Centre on Sunday, December 11th.
• Santa Runs will be held on the following dates to raise non-perishable food donations as well as donations to the toy-drive:
  • Bethany Fire Hall, Station 7, on Saturday, December 10th.
  • Janetville Fire Hall, Station 9, on Sunday, December 11th.
  • Pontypool Fire Hall, Station 8, on Sunday, December 18th.
• Christmas at Ken Reid will return to the Ken Reid Conservation Area on Saturday December 3rd from 10:00 a.m. to 4:30 p.m. Please visit the Ken Reid Conservation Area website for full details.
• Word of congratulations were offered to Bethany resident Armand LeBarge. Mr. LeBarge received the Order of Ontario on Monday, November 21st. The Order of Ontario is the Province's highest honour for exceptional leadership and achievements made for their community.

Councillor Smeaton:

• The Lindsay Santa Claus Parade was held on Sunday, November 20th; there was a fantastic turn-out at the parade.
• The FLATO Academy Theatre will present Seussical the Musical on November 25th to 27th.
• Residents are encouraged to shop local this holiday season and to also support local charities whenever possible.

Councillor Ashmore:

• Words of congratulations were extended to the members of council on their successful election campaigns.
• An information session will be held at the Lindsay Exhibition on Wednesday, November 23rd for any residents who are looking to volunteer at the International Plowing Match when it is held in Kawartha Lakes in August of 2024.
• A Christmas Tree Lighting will be held at the Coronation Hall in Omemee at 6:00 p.m. on Friday, December 2nd.

Councillor McDonald:

• The Annual Dream Ball was held at the Victoria Park Armoury on Saturday, November 19th in support of the Boys and Girls Club of Kawartha Lakes.
• A Christmas Tree Lighting was held in Downtown Lindsay on Friday, November 18th.
• The Merry and Bright Festival will be held at the Lindsay Exhibition on December 15th to 23rd.  The drive through event will feature 1 kilometre of christmas light displays.

Councillor Perry:

• Honour, humility and gratitude were expressed to the residents of Ward 3 for being selected as their representative on Council. 
• It was recognized that the Meeting was being held on the traditional lands of the Anishnaabeg. The contribution of the First Nations, Metis, and Inuit people on the lands that we recognize today was acknowledged.
• Santa Day in Fenelon Falls will be held on Saturday, November 26th.  Residents are encouraged to attend the festivities which will conclude with the Santa Clause Parade at 5:00 p.m.

Councillor Warren:

• Words of thanks were expressed for being selected as the representative for Ward 2.
• The Bobcaygeon Santa Claus Parade will be held on Saturday, December 10th at 5:00 p.m.
• The Mingle and Jingle Event was held in Bobcaygeon on Saturday, November 19th; thanks were extended to Impact 32 for coordinating the Event.
• The new Library in Bobcaygeon is now open; residents are encouraged to visit the new facility.

Councillor Joyce:

• The Little Britain Santa Claus Parade will be held on Friday, December 9th at 7:00 p.m.
• The Washburn Island Santa Claus Parade will be held on Saturday, December 10th at 4:30 p.m.
• The Woodville Santa Claus Parade will be held on Saturday, December 17th at 6:30 p.m.

4.2

Staff

5.

Council Minutes

November 1, 2022, Regular Council Meeting
November 15, 2022, Inaugural Council Meeting

• CR2022-374
  Moved By Deputy Mayor Richardson
  Seconded By Councillor Ashmore

  That the Minutes of the Regular Council Meeting of November 1, 2022 and of the Inaugural Council Meeting of November 15, 2022, be received and adopted.

  Carried

6.

Deputations

7.

Correspondence

7.1

CC2022-12.7.1

Correspondence Regarding the Association of Municipalities Ontario ("AMO") Submission on Bill 23, More Homes Built Faster Act, 2022
Colin Best, AMO President

• CR2022-375
  Moved By Councillor Warren
  Seconded By Councillor Smeaton

  That the correspondence from the Association of Municipalities of Ontario ("AMO") entitled "Bill 23, More Homes Built Faster Act, 2022 and Plan", their submission to the Standing Committee on Heritage, Infrastructure and Cultural Policy, and dated November 16, 2022, be received;

  That the Council of the City of Kawartha Lakes supports the concerns and recommendations outlined in the AMO submission;

  That staff be requested to review Bill 23, and associated legislation, and provide information and recommendations to Council, including resultant impacts to the City policies, by-laws, processes and funding in January, 2023; and

  That this resolution be forwarded to Laurie Scott, MPP, Haliburton-Kawartha Lakes-Brock, and Chair, Standing Committee on Heritage, Infrastructure and Cultural Policy, and the Association of Municipalities of Ontario ("AMO").

  Carried
• CR2022-376
  Moved By Councillor Yeo
  Seconded By Deputy Mayor Richardson

  That the Council of the City of Kawartha Lakes has serious concerns regarding the impact of "Bill 23, More Homes Built Faster Act, 2022";

  That the Council of the City of Kawartha Lakes reserves the right to provide further comment regarding the concerns pertaining to "Bill 23, More Homes Built Faster Act, 2022"; and

  That this resolution be forwarded to Laurie Scott, MPP, Haliburton-Kawartha Lakes-Brock, and Chair, Standing Committee on Heritage, Infrastructure and Cultural Policy and to the Association of Municipalities of Ontario ("AMO").

  Carried

8.

Presentations

9.

Consent Matters

9.1

Reports

9.1.1

MAYOR2022-001

Councillor Appointments
Doug Elmslie, Mayor

• CR2022-377
  Moved By Councillor Yeo
  Seconded By Councillor Warren

  That Report MAYOR2022-001, Council Appointments, be received;

  That the following appointments begin November 22, 2022 and continue for the entire term of Council ending November 14, 2026, with a mid-term review of appointments in 2024;

  Legislated Committee/Board	Council Member(s)
  Kawartha Lakes Accessibility Advisory Committee	Councillor McDonald
  Drainage Board	Councillor Ashmore Councillor Joyce Councillor Richardson
  Kawartha Lakes Municipal Heritage Committee	Councillor Ashmore
  Kawartha Lakes Haliburton Housing Corporation Board	Councillor Perry Councillor Yeo
  Planning Advisory Committee	Mayor Elmslie Councillor Richardson Councillor Warren Alternates: Councillor Ashmore Councillor McDonald
  Fenelon Landfill Public Review Committee	Councillor Perry
  Lindsay Ops Landfill Public Review Committee	Councillor Smeaton
  Municipal By-Law Appeals Committee	Councillor Ashmore Councillor Richardson Councillor Joyce
  Public Library Board	Councillor Joyce
  Victoria Manor Committee of Management	Councillor Perry Councillor Yeo Councillor McDonald
  Lindsay Downtown Business Improvement Area Board	Councillor Smeaton Councillor McDonald

   

  Non-Legislated Advisory Committees and Boards	Council Member(s)
  Agriculture Development Advisory Committee	Councillor Ashmore
  Bobcaygeon Legacy C.H.E.S.T Fund Grant Committee	Councillor Warren
  Lindsay Legacy C.H.E.S.T Fund Grant Committee	Councillor Smeaton Alternate: Councillor McDonald
  Kawartha Lakes Environmental Advisory Committee	Councillor Warren
  Kawartha Lakes Cemetery Board	Councillor Yeo
  Fenelon Falls Museum Board	Councillor Perry
  Fenelon Falls Powerlinks Committee	Councillor Perry
  Joint Social and Housing Services Advisory Committee	Councillor Joyce Councillor McDonald Councillor Warren
  Kinmount Committee for Planning and Economic Development	Councillor Warren
  Lindsay Nayoro Twinning Committee	Mayor Elmslie
  Kawartha Lakes Parks Advisory Committee	Mayor Elmslie Councillor Richardson Councillor McDonald
  Wilson Estate Advisory Committee	Mayor Elmslie Councillor Smeaton Councillor McDonald
  Kawartha Lakes Airport Advisory Committee	Councillor Perry
  Kawartha Lakes Waste Management Advisory Committee	Councillor Warren Councillor Joyce

   

  Task Forces	Council Member(s)
  Development Charges Task Force	Councillor Smeaton
  Rural Zoning By-Law Task Force	Councillor Richardson
  Growth Management Strategy Task Force	Councillor Richardson
  Active Transportation Master Plan Task Force	Councillor Warren

   

  Agencies	Council Member(s)
  Ganaraska Region Conservation Authority Board	Councillor Richardson
  Kawartha Region Conservation Authority Board	Councillor Richardson Councillor Warren Councillor Smeaton
  Otonabee Region Conservation Authority Board	Councillor Ashmore
  Lake Simcoe Conservation Authority Board	Councillor Yeo
  Haliburton, Kawartha, Pine Ridge District Health Unit Board	Councillor Richardson Councillor Perry
  Kawartha Lakes Community Health Care Initiative	Councillor Joyce
  Kawartha Lakes Police Service Board	Mayor Elmslie Councillor Smeaton
  Ross Memorial Hospital Board	Councillor Smeaton
  Community Policing Advisory Committee (OPP)	Councillor Ashmore Councillor Richardson Councillor Warren

  That the following appointment to the Committee of Adjustment will begin November 22, 2022 and continue for two (2) years until November 22, 2024;

  Legislated Committee/Board	Council Member
  Committee of Adjustment	Councillor Yeo

  That the following appointment to the Fenelon Cemetery Board begins on November 22, 2022 and will continue until December 31, 2023:

  Board	Council Member
  Fenelon Cemetery Board	Councillor Perry

  That Councillor Warren be appointed to the Trent Conservation Coalition Source Water Protection beginning on November 22, 2022 and continuing for the entire term of council, ending on November 14, 2023.

   

  Carried

9.1.2

CLK2022-011

2023 Council, Committee of the Whole and Planning Advisory Committee Meeting Schedule
Cathie Ritchie, City Clerk

• CR2022-378
  Moved By Councillor Joyce
  Seconded By Councillor Perry

  That Report CLK2022-011, 2023 Council, Committee of the Whole and Planning Advisory Committee Meeting Schedule be received; and

  That the schedule for Council, Committee of the Whole and Planning Advisory Committee Meetings for 2023, as outlined in Appendix A to Report CLK2022-011, save and except for the Regular Council Meeting on January 24, 2022 which is amended to January 31, 2023, be approved.

  Carried

9.2

Items Extracted from Consent

10.

Petitions

11.

Other or New Business

12.

By-Laws

The mover requested the consent of Council to read the by-laws by number only.

• CR2022-379
  Moved By Councillor Warren
  Seconded By Councillor Perry

  That the By-Laws shown in Section 12.1 of the Agenda, namely: Items 12.1.1 to and including 12.1.8, save and except for Item 12.1.7, be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  Carried

12.1

By-Laws by Consent

12.1.1

By-Law 2022-175

By-Law to Authorize the Execution of a Lease Agreement Between the Corporation of City of Kawartha Lakes and 2516455 Ontario Inc. for Restaurant Space at 3187 Highway 35, Lindsay (Kawartha Lakes Municipal Airport).

12.1.2

By-Law 2022-176

By-Law to Authorize the Acquisition of Part of Lots 2-4, Range 7, Plan 11; Part of Lots 1 and 5, Range 7, Plan 11; Part of Block M, Plan 11 as in R281117, in the Geographic Township of Verulam, City of Kawartha Lakes, designated as Parts 1 and 2 on Plan 57R-10913

12.1.3

By-Law 2022-177

By-Law to Amend By-Law 2018-141, being a By-Law Repeal and Replace Town of Lindsay By-Law 1984-26 Being a By-Law to Designate 17 Sussex Street North, Lindsay in the City of Kawartha Lakes as being of Cultural Heritage Value and Interest

12.1.4

By-Law 2022-178

By-Law to Designate 33 North Water Street, Geographic Township of Bexley in the City of Kawartha Lakes as of Being of Cultural and Heritage Interest

12.1.5

By-Law 2022-179

By-Law to Appoint a Deputy Fire Chief and to Create and Prescribe the Duties and Responsibilities of this Office in The City of Kawartha Lakes (Matthews, Michael)

12.1.6

By-Law 2022-180

By-Law to Repeal By-Law 2021-096, Being a By-Law to Appoint a Deputy Fire Chief and to Create and Prescribe the Duties and Responsibilities of this Office in the City of Kawartha Lakes

12.1.8

By-Law 2022-181

By-Law to Temporarily Close Bicycle Lanes in the City of Kawartha Lakes

12.1.7

By-Law 2022-182

By-Law to Appoint a Municipal Law Enforcement Officer for Limited By-law Enforcement Purposes (Kendrick, C)

• CR2022-380
  Moved By Councillor Perry
  Seconded By Councillor Warren

  That the By-law to Appoint a Municipal Law Enforcement Officer for Limited By-Law Enforcement Purposes (Kendrick, C) be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  Carried

12.2

By-Laws Extracted from Consent

13.

Notice of Motion

14.

Closed Session

14.1

Adoption of Closed Session Agenda

• CR2022-381
  Moved By Deputy Mayor Richardson
  Seconded By Councillor Warren

  That the Closed Session agenda be adopted as circulated.

  Carried

14.2

Disclosure of Pecuniary Interest in Closed Session Items

There were no declarations of pecuniary interest disclosed.

14.3

Move Into Closed Session

• CR2022-382
  Moved By Councillor McDonald
  Seconded By Councillor Joyce

  That Council convene into closed session at 2:27 p.m. pursuant to Section 239(2) of the Municipal Act, S.O. 2001 s.25, in order to consider matters identified in Section 14.3 of the Regular Council Meeting Agenda of Tuesday, November 22, 2022, namely Items 14.3.1 to and including 14.3.5.

  Carried

14.3.1

CC2022-12.14.3.1

Confidential Closed Session Minutes, Regular Council Meeting, August 23, 2022
Municipal Act, 2001 s.239(2)(b) Personal Matters About Identifiable Individuals
Municipal Act, 2001 s.239(2)(e) Litigation or Potential Litigation, Including Matters Before Administrative Tribunals, Affecting the Municipality
Municipal Act, 2001 s.239(2)(f) Advice that is Subject to Solicitor-Client Privilege
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

14.3.2

Report LGL2022-017

Grass - 689 Cottingham Road - Ontario Land Tribunal OLT-22-004350 & 51
Municipal Act, 2001 s.239(2)(f) Advice that is Subject to Solicitor-Client Privilege
Robyn Carlson, City Solicitor

14.3.3

PLAN2022-069

Public Appointments to the Committee of Adjustment
Municipal Act, 2001 s.239(2)(b) Personal Matters About Identifiable Individuals
Richard Holy, Director of Development Services

14.3.4

PLAN2022-070

Public Appointments to the Planning Advisory Committee
Municipal Act, 2001 s.239(2)(b) Personal Matters About Identifiable Individuals
Richard Holy, Director of Development Services

14.3.5

ED2022-046

Public Appointments to the Kawartha Lakes Municipal Heritage Committee
Municipal Act, 2001 s.239(2)(b) Personal Matters About Identifiable Individuals
Emily Turner, Economic Development Officer - Heritage Planning

15.

Matters from Closed Session

Item 14.3.1 – Confidential Closed Session Minutes

The confidential closed session minutes from the August 23, 2022 Regular Council Meeting were approved.

Item 14.3.2 – Report LGL2022-017

Council received an update on Ontario Land Tribunal File OLT-22-004350 & 51 and the City Solicitor was provided direction.

• CR2022-389
  Moved By Councillor Yeo
  Seconded By Councillor Perry

  That the following members of the public be appointed to the Committee of Adjustment for a four (4) year term ending December 31, 2026:

  Betty Archer, Sandra Richardson, Alexandra Scarr, Lloyd Robertson, Steve Strangway and Gerald Erickson.

  Carried
• CR2022-390
  Moved By Councillor Perry
  Seconded By Councillor Joyce

  That the Terms of Reference for the Planning Advisory Committee be amended to allow the appointment of three (3) Members of Council and four (4) Members of the Public; and

  That the following members of the public be appointed to the Planning Advisory Committee for a term ending December 31, 2026:

  Mike Barkwell, Jason Willock, Andrew Veale and Pat O’Reilly.

  Carried
• CR2022-391
  Moved By Councillor Warren
  Seconded By Councillor Perry

  That the following members of the public be appointed to the Kawartha Lakes Municipal Heritage Committee for a four (4) year term ending December 31, 2026:

  Ann Adare, Athol Hart, Bill Bateman, Bill Peel, Ian McKechnie, Jonathan Pitcher, Julia Hartman, Sandy Sims, Skip McCormack and Tyler Richards.

  Carried

16.

Additional By-Laws

16.1

By-Law 2022-183

By-Law to Appoint a Member of Council to the Committee of Adjustment

• CR2022-392
  Moved By Councillor McDonald
  Seconded By Councillor Smeaton

  That a By-Law to Appoint a Member of Council to the Committee of Adjustment be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  Carried

16.2

By-Law 2022-184

By-Law to Appoint Members to the Committee of Adjustment

• CR2022-393
  Moved By Councillor Yeo
  Seconded By Councillor Warren

  That a by-law to Appoint Members to the Committee of Adjustment be read a first and second time; and

  That Section 1.01 of the By-Law to Appoint Members to the Committee of Adjustment be amended to read:

  The following persons,

  Betty Archer

  Sandra Richardson

  Alexandra Scarr

  Lloyd Robertson

  Steve Strangway; and

  Gerald Erickson

  be appointed to the Committee of Adjustment for the period of November 22, 2022 to November 14, 2026 or until their successors are appointed by Council.

   

  Carried
• CR2022-394
  Moved By Councillor Yeo
  Seconded By Deputy Mayor Richardson

  That the By-Law to Appoint Members to the Committee of Adjustment, as amended, be read a third time, passed, numbered, signed and the corporate seal attached.

  Carried

17.

Confirming By-Law

17.1

CC2022-12.17.1

By-Law to Confirm the Proceedings of the Regular Meeting of Council of November 22, 2022

• CR2022-395
  Moved By Councillor Smeaton
  Seconded By Councillor Ashmore

  That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, November 22, 2022 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  Carried

18.

Adjournment

• CR2022-396
  Moved By Councillor Yeo
  Seconded By Councillor McDonald

  That the Council Meeting adjourn at 4:00 p.m.

  Carried

  Read and adopted this 13th day of December, 2022.