The Corporation of the City of Kawartha Lakes

MINUTES

REGULAR COUNCIL MEETING

Meeting #:CC2017-27
Date:
Time:
Closed Session Commencing at 1:00 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.

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 and A. Veale were in attendance.

CAO and Acting City Clerk R. Taylor, Deputy Clerk A. Rooth and various other staff members were also in attendance.

5.4
Adoption of Open Session Agenda

  • CR2017-855
    Moved ByCouncillor Stauble
    Seconded ByCouncillor Martin

    RESOLVED THAT the Agenda for the Open Session of the Regular Council Meeting of Tuesday, October 10, 2017, be adopted as circulated and with the following amendments:

    Additions - Deputations

    9.1
    Harold Bartlett, President
    Rolling Hills Estates Homeowners Association
    Licensing of Short Term Residential Rentals
    (Report LIC2017-001, Item 10.3.1 on the Agenda)

    9.2
    Ken Rogers
    Licensing of Short Term Residential Rentals
    (Report LIC2017-001, Item 10.3.1 on the Agenda)

    9.3
    Bob Brockman
    Licensing of Short Term Residential Rentals
    (Report LIC2017-001, Item 10.3.1 on the Agenda)

    9.4
    Carol Aird
    Barry Hawe
    Licensing of Short Term Residential Rentals
    (Report LIC2017-001, Item 10.3.1 on the Agenda)

CARRIED

6.
DISCLOSURE OF PECUNIARY INTEREST

Councillor Elmslie declared a pecuniary interest in Item 10.3.2 as he has been very involved with the Fenelon Falls Splash Pad project and assisted in writing of the grant application for that project.

9.
DEPUTATIONS

9.1
CC2017-27.9.1

Harold Bartlett, President
Rolling Hills Estates Homeowners Association
Licensing of Short Term Residential Rentals
(Report LIC2017-001, Item 10.3.1 on the Agenda)

Harold Bartlett, President of the Rolling Hills Estates Homeowners Association, expressed concern regarding excessive noise, garbage, trespass to property, disrespect to fire ordinances, traffic and pedestrian safety and animals at large related to short term rentals.  He requested that the matter be referred back to staff to examine alternative, effective, means of regulating short term rentals to protect and preserve the integrity and character of established low density residential communities.

  • CR2017-859
    Moved ByCouncillor Miller
    Seconded ByCouncillor Macklem

    RESOLVED THAT the deputation of Harold Bartlett, President
    Rolling Hills Estates Homeowners Association, regarding Licensing of Short Term Residential Rentals, Report LIC2017-001, Item 10.3.1 on the Agenda, be received.

CARRIED

9.2
CC2017-27.9.2

Ken Rogers
Licensing of Short Term Residential Rentals
(Report LIC2017-001, Item 10.3.1 on the Agenda)

Ken Rogers, local resident, expressed concern regarding excessive noise, partying and drugs relating to short term rentals. He advised that one such rental adjacent to his home is being advertised at a nightly rate similar to that of a hotel to the financial benefit of the property owner, while some renters have little respect for neighbours.  He requested that Council defer the matter or take action to better regulate short term residential rentals.

  • CR2017-860
    Moved ByCouncillor Pollard
    Seconded ByCouncillor Martin

    RESOLVED THAT the deputation of Ken Rogers regarding Licensing of Short Term Residential Rentals, Report LIC2017-001, Item 10.3.1 on the Agenda, be received.

CARRIED

9.3
CC2017-27.9.3

Bob Brockman
Licensing of Short Term Residential Rentals
(Report LIC2017-001, Item 10.3.1 on the Agenda)

Bob Brockman, local resident, expressed concern regarding danger to neighbours and cost to the taxpayer for emergency services response to issues at short term rentals, specifically relating to a recent drug overdose that occurred locally.  He noted that renters are not being informed of and complying with City by-laws and expressed concern regarding the impact on the environment if occupancy limits are not respected.  Mr. Brockman noted a lack of grass and weed control on properties used for short term rental.  He requested Council initiate a review of the issue and develop a solution that could be applied to the entire City.  Mr. Brockman responded to questions from Council members.

  • CR2017-861
    Moved ByCouncillor O'Reilly
    Seconded ByCouncillor Miller

    RESOLVED THAT the deputation of Bob Brockman regarding, Licensing of Short Term Residential Rentals, Report LIC2017-001, Item 10.3.1 on the Agenda, be received.

CARRIED

10.
CONSENT MATTERS

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

Councillor Stauble  Item 10.1.4
Councillor Pollard  Item 10.3.1
Councillor Martin  Item 10.3.2
Councillor Breadner  Item 10.3.3
Councillor James  Item 10.3.9

  • Moved ByCouncillor Breadner
    Seconded ByCouncillor Dunn

    RESOLVED THAT all of the proposed resolutions shown in Section 10.1, 10.2 and 10.3 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 10.1.4, 10.3.1, 10.3.2, 10.3.3 and 10.3.9, namely:

CARRIED

9.
DEPUTATIONS

9.4
CC2017-27.9.4

Carol Aird
Barry Hawe
Licensing of Short Term Residential Rentals
(Report LIC2017-001, Item 10.3.1 on the Agenda)

Barry Hawe and Carol Aird, local residents, expressed concern with the high number of occupants, partying, drinking and potential drinking and driving relating to short term rental properties.  Mr. Hawe noted that this type of behavior would not be tolerated at a commercial hotel and has a detrimental impact on neighbours.  He requested that Council take action to address the issue.  Mr. Hawe ad Ms. Aird responded to questions from Council members.

  • CR2017-862
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor Martin

    RESOLVED THAT the deputation of Barry Hawe and Carol Aird regarding Licensing of Short Term Residential Rentals, Report LIC2017-001, Item 10.3.1 on the Agenda, be received.

CARRIED

7.
MATTERS FROM CLOSED SESSION

  • Item 4.3

    The City Solicitor was provided with instruction with respect to Court File CV-11-00421210-0000.

    2/3 VOTE
    CR2017-856
    Moved ByCouncillor Pollard
    Seconded ByCouncillor Strangway

    RESOLVED THAT Council Resolution CR2016-777, that reads:

    RESOLVED THAT should a settlement within the terms provided to the City Solicitor for Court File Number CV-11-00421210-0000, that the City Treasurer be authorized to pay the funds from the Development Charges Reserve - Sanitary Sewer Portion - 3299972989.

    , be rescinded.

  • CR2017-857
    Moved ByCouncillor Dunn
    Seconded ByCouncillor O'Reilly

    RESOLVED THAT should a settlement within the terms provided to the City Solicitor for Court File Number CV-11-00421210-000 be reached, the City Treasurer be authorized to pay the funds as follows: up to $520,606.87 will be paid to 2074161 Ontario Inc. from the sewage collection Development Charges reserve account; and up to $225,149.13 will be paid to 2074161 out of the roads and related Development Charges reserve account.

  • Item 4.4

     

    CR2017-858
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor O'Reilly

    RESOLVED THAT the following members of the public be appointed to the Downtown Revitalization Advisory Committee:

    Paul South for a three year term ending on December 31, 2020
    Dinah Wilson for a two year term ending on December 31, 2019
    Chris Handley for a one year term ending on December 31, 2018
    Lynn Manning for a two year term ending on December 31, 2019
    Stephen Podolsky for a three year term ending on December 31, 2020
    Edward Wayne Hilton for a two year term ending on December 31, 2019
    Matthew Hutchison for a three year term ending on December 31, 2020
    Julie Kellett for a two year term ending on December 31, 2019
    Anna Rady, as alternate, for a one year term ending December 31, 2018;
    THAT Councillors Elmslie and Martin be appointed to the Downtown Revitalization Advisory Committee effective immediately with the term ending November 30, 2018; and
    THAT, if necessary, the Terms of Reference for the Downtown Revitalization Advisory Committee be revised to allow for the appointment of an alternate.

CARRIED
CARRIED
CARRIED

1.
CALL TO ORDER

Mayor Letham called the Meeting to order at 1:00 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 and A. Veale were in attendance.

CAO and Acting City Clerk R. Taylor, Deputy Clerk A. Rooth and various other staff members were also in attendance.

2.
ADOPTION OF CLOSED SESSION AGENDA

  • CR2017-847
    Moved ByCouncillor Strangway
    Seconded ByCouncillor Elmslie

    RESOLVED 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

  • CR2017-848
    Moved ByCouncillor Breadner
    Seconded ByCouncillor Macklem

    RESOLVED THAT Council convene into closed session at 1:01 p.m. in order to consider matters on the Tuesday, October 10, 2017 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

10.
CONSENT MATTERS

10.1
Correspondence

10.1.4
CC2017-27.10.1.4

Andy Letham, Mayor
Township of Selwyn Resolution Regarding Harvesting of Wild Rice - Williams Treaty

  • CR2017-875
    Moved ByCouncillor Stauble
    Seconded ByCouncillor Martin

    RESOLVED THAT the September 27, 2017 correspondence from Township of Selwyn, regarding their Council Resolution on Harvesting of Wild Rice - Williams Treaty, be received; and
    THAT a copy of the Township of Selwyn's original resolution be circulated to MP Jamie Schmale and MP Maryam Monsef.

CARRIED

10.3
Reports

10.3.1
LIC2017-001

Alix Hick, Senior Licensing Officer
Licensing of Short Term Residential Rentals
(Deferred from the September 26, 2017 Regular Council Meeting)

  • CR2017-876
    Moved ByCouncillor Pollard
    Seconded ByCouncillor James

    RESOLVED THAT Report LIC2017-001, Licensing of Short Term Residential Rentals, be received; and
    THAT the matter be referred back to staff for further consultation with interested parties with a report to Council on options to license or regulate Short Term Residential Rentals in the City of Kawartha Lakes and potential costs by end of Q2 2018.

CARRIED

10.3.2
CAO2017-005

Ron Taylor, CAO
Evergreen Power Limited – Allocation of Donation

Councillor Elmslie left Council Chambers due to his previously declared pecuniary interest.

  • Moved ByCouncillor Martin
    Seconded ByCouncillor Junkin

    RESOLVED THAT Report CAO2017-005, Evergreen Power Limited – Allocation of Donation, be received; and
    THAT Council directs the voluntary $10,000.00 donation to the City of Kawartha Lakes from Evergreen Power Limited to the City of Kawartha Lakes 50/50 Capital Partnership Fund.

  • CR2017-877
    Moved ByCouncillor Breadner
    Seconded ByCouncillor Strangway

    RESOLVED THAT Report CAO2017-005, Evergreen Power Limited – Allocation of Donation, be received; and
    THAT Council directs the voluntary $10,000.00 donation to the City of Kawartha Lakes from Evergreen Power Limited to the community funding component of the Fenelon Falls Splash Pad project

    Councillor Elmslie returned to Council Chambers.

MOTION FAILED
CARRIED

10.3.3
CORP2017-026

Angela Vickery, Manager of Revenue and Procurement
High Water Bill Adjustment Appeals Committee

  • CR2017-878
    Moved ByCouncillor Breadner
    Seconded ByCouncillor Dunn

    RESOLVED THAT Report CORP2017-026, High Water Bill Adjustment Appeals Committee, be received;
    THAT By-Law 2011-260, being a By-law to Govern Water and Wastewater Services in the City of Kawartha Lakes, be amended to include terms of reference for a High Water Bill Adjustment Appeals Committee by adding the following:

    High Water Bill Adjustment Appeals Committee    : A High Water Bill Adjustment Appeals Committee is established to hear and rule on appeals against High Water Bill Adjustment decisions.

    Authority    : The High Water Bill Adjustment Appeals Committee may recommend to Council approval of high water bill adjustments without prejudice or precedent to any other similar matter.

    Composition and Appointment    : The High Water Bill Adjustment Appeals Committee shall be comprised of three members of Council appointed by Council.

    Term    : The Term of the Appointment of the High Water Bill Adjustment Appeals Committee shall be the same as the term of Council.

    Administration    : The High Water Bill Adjustment Appeals Committee shall ensure that a member of City staff is assigned the role of secretary to the Committee with duties and obligations required in accordance with the Municipal Act.

    Governance    : The High Water Bill Adjustment Committee shall be governed by this by-law and the City’s Procedural By-Law, as amended from time to time by Council.

    And;
    THAT the necessary amending by-Law be brought forward for adoption.

CARRIED

10.3.9
WWW2017-007

Rob MacPherson, Water and Wastewater Technician
Coagulant Selection for the Lindsay Water Treatment Plant

  • CR2017-879
    Moved ByCouncillor James
    Seconded ByCouncillor Veale

    RESOLVED THAT Report WWW2017-007, Coagulant Selection for the Lindsay Water Treatment Plant, be received; and
    THAT the procurement for supply and delivery of Coagulant for the Lindsay Water Treatment Plant be awarded and approved through the request for proposal process in accordance with the Purchasing Policy.

CARRIED
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