The Corporation of the City of Kawartha Lakes

Minutes

Regular Council Meeting

Meeting #:	CC2018-04
Date:	Tuesday, March 06, 2018
Time:	Closed Session Commencing at 1:30 p.m. Open Session Commencing at 2:00 p.m.
Location:	Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8

Members:

• Mayor Andy Letham, Mayor
• Councillor Isaac Breadner, Councillor
• Councillor Pat Dunn, Councillor
• Councillor Doug Elmslie, Councillor
• Councillor Gord James, Councillor
• Councillor Gerard Jilesen, Councillor
• Councillor Brian S. Junkin, Councillor
• Councillor Rob Macklem, Councillor
• Councillor Mary Ann Martin, Councillor
• Councillor Gord Miller, Councillor
• Councillor Patrick O'Reilly, Councillor
• Councillor John Pollard, Councillor
• Councillor Kathleen Seymour-Fagan, Councillor
• Councillor Heather Stauble, Councillor
• Councillor Stephen Strangway, Councillor
• Councillor Andrew Veale, Councillor
• Councillor Emmett Yeo, Councillor

Accessible formats and communication supports are available upon request.

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1.

Call to Order

Mayor Letham called the Meeting to order at 1:30 p.m. Councillors I. Breadner, P. Dunn, D. Elmslie, G. James, G. Jilesen, B. Junkin, R. Macklem, M.A. Martin, G. Miller, P. O'Reilly, K. Seymour-Fagan, H. Stauble, S. Strangway, A. Veale and E. Yeo were in attendance.

CAO R. Taylor, City Clerk C. Ritchie, City Solicitor R. Carson and Directors C. Marshall, B. Robinson, J. Rojas and J. Stover were also in attendance.

Absent:  Councillor J. Pollard.

2.

Adoption of Closed Session Agenda

• CR2018-094
  Moved By Councillor Elmslie
  Seconded By Councillor Dunn

  That the Closed Session agenda be adopted as circulated.

  Carried

3.

Disclosure of Pecuniary Interest in Closed Session Items

There were no declarations of pecuniary interest noted.

4.

Closed Session

• CR2018-095
  Moved By Councillor Macklem
  Seconded By Councillor Yeo

  That Council convene into closed session at 1:30 p.m. in order to consider matters on the Tuesday, March 6, 2018 Closed Session Agenda and that are permitted to be discussed in a session closed to the public pursuant to Section 239(2) of the Municipal Act, S.O. 2001. S.25.

  Carried

4.1

CC2018-04.4.1

Closed Session Minutes, Regular Council Meeting
February 13, 2018
Municipal Act, 2001 s. 239(2)(f)

4.2

PUR2018-007

Tender 2018-01-CT Construction of Concrete Sidewalks, Curbs and Gutters
Litigation or Potential Litigation
Municipal Act, 2001 s.239(2)(e)
Launa Lewis, Supervisor Financial Services
Corby Purdy, Supervisor/Infrastructure, Design, Construction

5.

Opening Ceremonies

5.1

Call Open Session to Order

Mayor Letham called the Open Session of the Meeting to order at 2:00 p.m. Councillors I.  Breadner, P. Dunn, D. Elmslie, G. James, G. Jilesen, B. Junkin, R. Macklem, M.A. Martin, G. Miller, P. O'Reilly, J. Pollard, K. Seymour-Fagan, H. Stauble, S. Strangway, A. Veale and E. Yeo were in attendance.

CAO R. Taylor, City Clerk C. Ritchie, Administrative Assistant N. Sinopoli and various other staff members were also in attendance.

5.2

O Canada

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

5.3

Moment of Silent Reflection

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

5.4

Adoption of Open Session Agenda

• CR2018-099
  Moved By Councillor O'Reilly
  Seconded By Councillor Veale

  That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, March 6, 2018, be adopted as circulated.

  Carried

6.

Disclosure of Pecuniary Interest

Councillor Breadner declared a pecuniary interest to Item 11.1.2 as 61 Cameron Road, identified several times in the report, is his parents' residence.

7.

Notices and Information by Members of Council and Staff

7.1

Council

Councillor O'Reilly

• The Boys and Girls Club Annual Shamrock Sprint is on Saturday, March 10th starting at 10:00 a.m.
• International Women's Day is Thursday, March 8th.
• The Lindsay Exhibition is hosting the East Central Farm Show on March 8th and 9th.
• The 50th Annual Community Champions Dinner is being held on Saturday, March 22nd at 6:00 p.m. at Celebrations on Lindsay St. N. in support of the United Way. Denise Hepbourn, 2017 Invictus Games Athlete, is the guest speaker and the event includes a silent and live auction.
• Kawartha Lakes This Week presents the Spring Outdoor Show March 16th-18th at the Lindsay Exhibition.
• March 17th is St. Patrick's Day.

Councillor Stauble

• Thursday, March 8th is International Women's Day celebrating and promoting social, economic, cultural and political achievements of women. The theme this year is #PressforProgress.

Councillor Seymour-Fagan

• A public meeting to discuss the reconstruction of Canal Street is being held at 6:00 p.m. on March 6th at the Bobcaygeon Service Centre.

7.2

Staff

8.

Matters from Closed Session

9.

Minutes

9.1

CC2018-04.8.1

Regular Council Meeting of February 13, 2018

• CR2018-100
  Moved By Councillor Strangway
  Seconded By Councillor Stauble

  That the Minutes of the February 13, 2018 Regular Council Meeting, be received and adopted.

  Carried

10.

Presentations and Deputations

11.

Consent Matters

The following items were requested to be extracted from the Consent Agenda:

Item 11.1.2 - Mayor Letham
Item 11.1.6 - Councillor Breadner

• Moved By Councillor Seymour-Fagan
  Seconded By Councillor Elmslie

  That all of the proposed resolutions shown in Section 11.1 and 11.2 of the Agenda be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered, save and except Items 11.1.2 and 11.1.6.

  Carried

11.1

Reports

11.1.1

PLAN2018-022

A by-law to deem Lots 40 and 41, Registered Plan 304, Vacant Land on Centennial Park Road, Geographic Township of Eldon (Kinney) – Planning File D30-2018-005
David Harding, Planner II

• CR2018-101

  That Report PLAN2018-022, respecting Lots 40 and 41, Registered Plan 304, Geographic Township of Eldon, Kinney – Application D30-2018-005, be received;

  That a Deeming By-law respecting Lots 40 and 41, Registered Plan 304, substantially in the form attached as Appendix D to Report PLAN2018-022, be approved and adopted by Council; and

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

  Carried

11.1.2

EA2018-008

Petition for Drainage Works By the Road Authority (Cameron)
Michael Farquhar, Supervisor, Technical Services

Councillor Breadner vacated his chair during the vote due to his previously declared pecuniary interest.

• CR2018-110
  Moved By Councillor Strangway
  Seconded By Councillor Veale

  That Report EA2018-008, Petition for Drainage Works by Road Authority (Cameron), be received;

  That Council proceed with the petition submitted by the Road Authority for drainage works and instruct the City Clerk to proceed with the notices required under Section 5 of the Drainage Act;

  That Council appoint RJ Burnside & Associates for this project; and

  That Council instruct RJ Burnside & Associates to combine the Waite petition and the Road Authorities petition into one report as per section 8(4) of the Ontario Drainage Act.

  Carried

11.1.3

RS2018-007

Surplus Declaration and Proposed Closure and Sale of a Portion of Road Allowance Adjacent to 61-71 Homewood Park Road and 5 Treewood Lane and Legally Described as Part of Blocks A and B, Registered Plan No. 175, in the Geographic Township of Bexley, City of Kawartha Lakes
Laura Carnochan, Law Clerk – Realty Services

• CR2018-102

  That Report RS2018-007, Surplus Declaration and Proposed Closure and Sale of a Portion of Road Allowance Adjacent to 61-71 Homewood Park Road and 5 Treewood Lane and Legally Described as Part of Blocks A and B, Registered Plan No. 175, in the Geographic Township of Bexley, City of Kawartha Lakes, be received;

  That the subject property, being a portion of road allowance adjacent to 61-71 Homewood Park Road and 5 Treewood Lane and legally described as Part of Blocks A and B, Registered Plan No. 175, in the Geographic Township of Bexley, City of Kawartha Lakes, be declared surplus to municipal needs;

  That the closure of the portion of the road allowance and sale to the adjoining owners, be supported, in principle, in accordance with the provisions of By-law 2018-020, as amended, and the Municipal Act, 2001, and subject to the parties entering into a conditional agreement of purchase and sale;

  That staff be directed to commence the process to stop up and close the said portion of the road allowance;

  That any deputation or public input in opposition of the closing, if any, shall be considered, and if appropriate, a by-law (with any amendments deemed necessary) to close the road and authorize its disposition shall be passed; and

  That the Mayor and Clerk be authorized to sign all documents to facilitate the road closing and conveyance of the lands.

  Carried

11.1.4

RS2018-008

Surplus Declaration and Proposed Closure and Sale of a Portion of Shoreline Road Allowance adjacent to 26 Baker Lane and 28 Baker Lane, in the Geographic Township of Dalton, City of Kawartha Lakes
Laura Carnochan, Law Clerk – Realty Services

• CR2018-103

  That Report RS2018-008, Surplus Declaration and Proposed Closure and Sale of a Portion of Shoreline Road Allowance adjacent to 26 Baker Lane and 28 Baker Lane, in the Geographic Township of Dalton, City of Kawartha Lakes, be received;

  That the subject property, being the shoreline road allowance adjacent to 26 Baker Lane and 28 Baker Lane, in the Geographic Township of Dalton, City of Kawartha Lakes be declared surplus to municipal needs;

  That Council support, in principle, the closure of the shoreline road allowance and sale to the adjoining owners in accordance with the provisions of By-law 2018-020, as amended, and the Municipal Act, 2001 and subject to the parties entering into a conditional agreement of purchase and sale;

  That staff be directed to commence the process to stop up and close the said portion of the road allowance;

  That any deputation or public input in opposition of the closing, if any, shall be considered, and if appropriate, a by-law (with any amendments deemed necessary) to close the road and authorize its disposition shall be passed; and

  That the Mayor and Clerk be authorized to execute any documents to facilitate the road closing and conveyance of the lands.

  Carried

11.1.5

RS2018-009

Acquisition of Land for Road Purposes – Portion of Palestine Road
Laura Carnochan, Law Clerk – Realty Services

• CR2018-104

  That Report RS2018-009, Acquisition of Land for Road Purposes – Portion of Palestine Road, be received;

  That the acquisition of Part of the West Half of Lot 15, Concession 4, in the Geographic Township of Eldon, City of Kawartha Lakes, designated as Part 1 on Plan 57R-10631, being Part of PIN: 63173-0071 (LT) for road purposes, be approved;

  That staff be directed to commence the process of obtaining ownership of the required land, for nominal consideration, with all related costs payable by the applicants;

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

  That the Mayor and Clerk be authorized to execute any documents and agreements required to release the municipality’s interest in the subject property; and

  That the necessary By-law be forwarded to Council for adoption.

  Carried

11.1.6

WWW2018-006

A By-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes - Update
Amber Hayter, Supervisor of Water and Wastewater Operations

An Option 4 was introduced and considered along with 3 other options attached as Appendix B to Report WWW2018-006.

• CR2018-111

  That Report WWW2018-006, A By-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes – Update, be received;

  That the by-law, A By-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes, substantially in the form attached as Appendix A and introduced as Appendix B-Option 4 to Report WWW2018-006 to be included as Schedule A to the by-law, be approved and adopted by Council; and

  That a by-law to repeal By-law 2011-260, A By-law to Govern Water and Wastewater Services in the City of Kawartha Lakes, be brought forward for adoption.

  Carried

11.1.7

WWW2018-007

Region of Durham and City of Kawartha Lakes Enforcement Responsibility Agreement for Source Water Protection
Kayla Strackholder, Contract Coordinator

• CR2018-105

  That Report WWW2018-007, Region of Durham and City of Kawartha Lakes Enforcement Responsibility Agreement for Source Water Protection, in connection with the Mariposa Estates Municipal Drinking Water System, be received;

  That the agreement between the Corporation of the City of Kawartha Lakes and the Regional Municipality of Durham for Enforcement Responsibility Agreement attached as Appendix A to Report WWW2018-007, be approved; and

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

  Carried

11.2

Correspondence

11.2.1

CC2018-04.11.2.1

Memo - Reduction of Speed Limit County Road 8 (Helen Street)
Doug Elmslie, Councillor

• CR2018-106

  That the March 6, 2018 memorandum from Councillor Elmslie regarding Reduction of Speed Limit County Road 8 (Helen Street), be received;

  That staff bring forward a by-law to Council to extend the 60 km per hour zone on County Road 8 (Helen Street) westbound from its present limit to Byrnell St.; and

  That the eastbound lane on County Road 8 (Helen Street) from Byrnell St. to the 50 km per hour sign in Fenelon Falls also be included within the established 60 km per hour zone.

  Carried

11.2.2

CC2018-04.11.2.2

Age Friendly Initiative Project Update - Positive Aging Strategy
John Daly, County Clerk
County of Simcoe

• CR2018-107

  That the February 15, 2018 correspondence from John Daly, County Clerk, County of Simcoe regarding Age Friendly Initiative Project Update - Positive Aging Strategy, be received.

  Carried

11.2.3

CC2018-04.11.2.3

White Paper - Building a Seniors Campus
John Daly, County Clerk
County of Simcoe

• CR2018-108

  That the February 2, 2018 correspondence from John Daly, County Clerk, County of Simcoe, regarding White Paper - Building a Seniors Campus, be received.

  Carried

11.2.4

CC2018-04.11.2.4

Request for Noise By-law Exemption
Jarrod Finlay, Technical Services Officer
Ministry of Transportation

• CR2018-109

  That the February 16, 2018 correspondence from Jarrod Finlay, Technical Services Officer, Ministry of Transportation, regarding Request for Noise By-law Exemption, be received; and

  That the exemption from the City's Noise By-law 2005-025, as amended, for the construction activities at the intersection of Highway 35 and Highway 7 from June 1, 2018 to October 1, 2018, be approved.

  Carried

11.3

Items Extracted from Consent

12.

Committee of the Whole and Planning Committee Minutes

12.1

CC2018-04.12.1

Planning Advisory Committee Meeting of February 14, 2018

B. Junkin requested the extraction of recommendation PAC2018-011.

• CR2018-112
  Moved By Councillor O'Reilly
  Seconded By Councillor Veale

  That the Minutes of the February 14, 2018 Planning Advisory Committee Meeting be received and the recommendations be adopted, save and except Item PAC2018-011.

  Carried
• Moved By Councillor Junkin
  Seconded By Councillor Stauble

  That Report PLAN 2018-015, respecting Part Lot 19, Concession 10, 57R-5049, Parts 1 to 4, Geographic Township of Emily, City of Kawartha Lakes, Application D06-17-008, be received; and

  That the application to amend the Township of Emily Zoning By-law 1996-30 to replace the Environmental Protection (EP) zone across the shoreline of the subject properties with the Rural Residential Type One Exception Four (RR1-4) zone existing on the balance of 37 Wispi Shore Road and the Rural Residential Type One Exception Five (RR1-5) zone existing on the balance of 45, 57 and 61 Wispi Shore Road, on property legally described as Part Lot 19 Concession 10 57R-5049 Parts 1 to 4, Geographic Township of Emily, City of Kawartha Lakes (Cameron, Osmond, Gratz, Devers and Ashmeade), be denied.

  Recorded (Voted)	For	Against	Absent
  Mayor Letham		X
  Councillor Breadner		X
  Councillor Dunn		X
  Councillor Elmslie		X
  Councillor James		X
  Councillor Jilesen		X
  Councillor Junkin	X
  Councillor Macklem		X
  Councillor Martin	X
  Councillor Miller		X
  Councillor O'Reilly		X
  Councillor Pollard		X
  Councillor Seymour-Fagan		X
  Councillor Stauble	X
  Councillor Strangway		X
  Councillor Veale		X
  Councillor Yeo		X
  Results	3	14	0

  Motion Failed
• CR2018-113
  Moved By Councillor O'Reilly
  Seconded By Councillor Strangway

  That Report PLAN2018-015, respecting Part Lot 19, Concession 10, 57R-5049, Parts 1 to 4, Geographic Township of Emily, City of Kawartha Lakes, Application D06-17-008, be received;

  That a By-law to implement Zoning By-law Amendment Application D06-17-008 respecting a proposed amendment to the Township of Emily Zoning By-law for property described as Part Lot 19, Concession 10, 57R-5049, Parts 1 to 4, Geographic Township of Emily, City of Kawartha Lakes, substantially in the form attached as Appendix D to Report PLAN2018-015, be approved and adopted by Council; and

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

  Carried

13.

Petitions

14.

Other or New Business

15.

By-Laws

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

• CR2018-114
  Moved By Councillor Breadner
  Seconded By Councillor Yeo

  That the By-laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.16, be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  Carried

15.1

By-Laws by Consent

15.1.1

By-law 2018-023

A By-law to Amend By-law 2016-206, the Consolidated Fees By-law in the City of Kawartha Lakes
(Amendment No. 7)

15.1.2

By-law 2018-024

A By-law to Authorize the Sale of Municipally Owned Property Legally Described as Lot 2, Registered Plan No. 434, in the Geographic Township of Somerville, City of Kawartha Lakes Designated as Parts 1 and 2 on Plan 57R-10556 Being Part of PIN: 63119-0289 (LT)

15.1.3

By-law 2018-025

A By-law to Amend By-law 2012-173, being a By-law to Regulate Parking (Amendment No. 15)

15.1.4

By-law 2018-026

A By-law to Amend By-law 2012-019 and Schedule A of By-law 2012-019, being a By-law under the Building Code Act Respecting Permits and Related Matters (Amendment No. 4)

15.1.5

By-law 2018-027

A By-law to Appoint an Inspector and Municipal Law Enforcement Officer for the City of Kawartha Lakes (C. Bryant)

15.1.6

By-law 2018-028

A By-law to Repeal By-law 2014-128, being a By-law to Appoint an Inspector and Municipal Law Enforcement Officer for the City of Kawartha Lakes (N. Dawkins)

15.1.7

By-law 2018-029

A 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 # 63170-0556 (LT) and PIN # 63170-0557 (LT), Described as Lots 40 and 41, Plan 304, Geographic Township of Eldon, Now City of Kawartha Lakes

15.1.8

By-law 2018-030

A By-law to Amend the Township of Ops Zoning By-law No. 93-30 to Rezone Land within the City of Kawartha Lakes (1144 River Road - 2264768 Ontario Limited)

15.1.9

By-law 2018-031

A By-law to Amend the Township of Manvers Zoning By-law No. 87-06 to Rezone Land within the City of Kawartha Lakes (136 Golf Course Road - 2264768 Ontario Limited)

15.1.10

By-law 2018-032

A By-law to Amend the Township of Mariposa Zoning By-law No. 94-07 to Rezone Land within the City Of Kawartha Lakes (594 Highway 7 - 2264768 Ontario Limited)

15.1.11

By-law 2018-033

A By-law to Amend the Township of Manvers Zoning By-law No. 87-06 to Rezone Land within the City Of Kawartha Lakes (359 St. Mary's Road - 2264768 Ontario Limited)

15.1.12

By-law 2018-034

A By-law to Amend the Township of Manvers Zoning By-law No. 87-06 to Rezone Land within the City Of Kawartha Lakes (63 Lifford Road - 2264768 Ontario Limited)

15.1.13

By-law 2018-035

A By-law to Amend the Township of Ops Zoning By-Law No. 93-30 to Rezone Land within the City of Kawartha Lakes (771 Lilac Road - Popovic)

15.1.14

By-law 2018-036

A By-law To Amend the Town of Lindsay Zoning By-law No. 2000-75 to Rezone Land within the City of Kawartha Lakes (85, 87, 89, 91, 93, 95, 96, 98, 100, 102, 104 and 106 Cook Street – multiple landowners)

15.1.15

By-law 2018-037

A By-law to Amend the Township of Ops Zoning By-law No. 93-30 to Rezone Land within the City of Kawartha Lakes (85, 87, 89, 91, 93, 95, 97, 99, 101, 103, and 105 Cook Street – multiple landowners)

15.1.16

By-law 2018-038

A By-law to Amend the Township of Emily Zoning By-law No. 1996-30 to Rezone Land within the City of Kawartha Lakes (37, 45, 57 and 61 Wispi Shore Road – Cameron, Osmond, Gratz, Devers, and Ashmeade)

15.2

By-Laws Extracted from Consent

15.2.1

By-law 2018-039

A By-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes

• CR2018-115
  Moved By Councillor Stauble
  Seconded By Councillor O'Reilly

  That a By-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes, be read a first and second time.

  Carried
• CR2018-116
  Moved By Councillor Strangway
  Seconded By Councillor Dunn

  That a By-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes be amended inserting a revised Schedule A - Water and Sewer Rates (Option 4 Appendix B to Report WWW2018-006).

  Carried
• CR2018-117
  Moved By Councillor Pollard
  Seconded By Councillor Seymour-Fagan

  That a by-law to Regulate Water and Wastewater Services in the City of Kawartha Lakes as amended, be read a third time, passed, numbered, signed and the corporate seal attached.

  Carried

16.

Notice of Motion

17.

Closed Session (If Not Completed Prior to Open Session)

18.

Matters from Closed Session

19.

Confirming By-Law

19.1

By-law 2018-040

A By-law to Confirm the Proceedings of a Regular Meeting of Council, Tuesday, March 6, 2018

• CR2018-118
  Moved By Councillor Dunn
  Seconded By Councillor Breadner

  That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, March 6, 2018 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  Carried

20.

Adjournment

• CR2018-119
  Moved By Councillor Yeo
  Seconded By Councillor Macklem

  That the Council Meeting adjourn at 2:44 p.m.

  Carried

  Read and adopted this 20th day of March, 2018.