The Corporation of the City of Kawartha Lakes

MINUTES

REGULAR COUNCIL MEETING

Meeting #:	CC2017-31
Date:	Tuesday, November 14, 2017
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.

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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, A. Veale and E. Yeo 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

• CR2017-961
  Moved By Councillor Strangway
  Seconded By Councillor 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

• CR2017-962
  Moved By Councillor Dunn
  Seconded By Councillor Miller

  RESOLVED THAT Council convene into closed session at 1:01 p.m. in order to consider matters on the Tuesday, November 14, 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

4.1

CC2017-31.4.1

Liana Patterson, Manager of Corporate Services - Human Resources
Privileged and Confidential
Ratification of OPSEU Settlement
Labour Relations or Employee Negotiations
Municipal Act, 2001 s. 239(2)(d)

4.2

LGL2017-006

Robyn Carlson, City Solicitor
Washington Drain Update
Advice that is Subject to Solicitor-Client Privilege
Municipal Act, 2001 s. 239(2)(f)

4.3

RS2017-015

Robyn Carlson, City Solicitor, and Acting Manager of Realty Services
Potential Surplus Declaration and Sale of 581 Highway 36, Lindsay, Legally Described as Part of Lot 35, Concession 6, except Parts 1, 2, and 3 on 57R7922, in the Geographic Township of Ops, City of Kawartha Lakes, being part of PIN: 63209-0151 (LT)
Proposed Acquisition or Disposition of Land
Municipal Act, 2001 s. 239(c)

4.4

CC2017-31.4.4

Robyn Carlson, City Solicitor
Verbal
South Pond Farms - Update on Compliance Issues
Advice that is Subject to Solicitor-Client Privilege
Municipal Act, 2001 s.239(2)(f)

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 and Acting City Clerk R. Taylor, Deputy Clerk A. Rooth 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

• CR2017-967
  Moved By Councillor Strangway
  Seconded By Councillor Seymour-Fagan

  RESOLVED THAT the Agenda for the Open Session of the Regular Council Meeting of Tuesday, November 14, 2017, be adopted as circulated.

  CARRIED

6.

DISCLOSURE OF PECUNIARY INTEREST

There were no declarations of pecuniary interest noted.

7.

MATTERS FROM CLOSED SESSION

Item 4.2

The City Solicitor was provided with instruction regarding the Washington Drain.

8.

PUBLIC INFORMATION

8.1

Presentations

8.2

Invited Guests (Quarterly Basis)

8.3

Notices and Information by Members of Council and Staff

8.3.1

Council

Councillor Elmslie invited everyone to Santa Day in Fenelon Falls on November 25th.

Councillor Macklem invited everyone to the Book Launch for Looking for Old Victoria County by Ray Fleming on November 19th from 2:00 to 4:00 p.m. at the Lindsay Library Meeting Room.

Councillor O'Reilly made the following announcements:

• 2017 Lindsay Winterfest in support of Five Counties Children's Centre is November 23rd to 26th at the Lindsay Square Mall.
• November 9th to 15th is National Nurse Practitioner Week.
• There are a number of upcoming Christmas Bazaars taking place across the City.
• The 23rd Annual Dream Ball in support of Kawartha-Haliburton Children's Foundation is November 18th at 6:00 p.m. at the Lindsay Armoury.
• The Lindsay Santa Clause Parade is November 19th at 2:00 p.m.

8.3.2

Staff

8.4

Notice of Motion

9.

DEPUTATIONS

10.

CONSENT MATTERS

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

Councillor Strangway  Item 10.3.2
Councillor James  Item 10.3.7

• Moved By Councillor Junkin
  Seconded By Councillor Jilesen

  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 10.3.2 and 10.3.7, namely:

  CARRIED

10.1

Correspondence

10.2

Minutes from:

10.2.1

Council

10.2.1.1

CC2017-31.10.2.1.1

Minutes, Special Council Information Meeting
October 17, 2017

• CR2017-968

  RESOLVED THAT the Minutes of the October 17, 2017 Special Council Information Meeting, be received and adopted.

  CARRIED

10.2.1.2

CC2017-31.10.2.1.2

Minutes, Regular Council Meeting
October 24, 2017

• CR2017-969

  RESOLVED THAT the Minutes of the October 24, 2017 Regular Council Meeting, be received and adopted.

  CARRIED

10.2.1.3

CC2017-31.10.2.1.3

Minutes, Special Council Meeting
October 31, 2017

• CR2017-970

  RESOLVED THAT the Minutes of the October 31, 2017 Special Council Meeting, be received and adopted.

  CARRIED

10.2.2

Committees of Council, Advisory Boards and Task Forces

10.3

Reports

10.3.1

PUR2017-058

Ashley Wykes, Buyer
Reconstruction of Specified Boat Launches, Tender 2017-93-CT

• CR2017-971

  RESOLVED THAT Report PUR2017-058, Tender 2017-93-CT Reconstruction of Specified Boat Launches, be received;
  THAT W.G. Jackett and Sons Construction Ltd. of Fenelon Falls be selected for the award of Tender 2017-93-CT Reconstruction of Specified Boat Launches for the tender cost of $208,938.50 plus HST;
  THAT the Community Services 2018 Capital Budget for Boat Launches of $100,000.00 be approved for early start;
  THAT subject to the receipt of the required documents, the Mayor and City Clerk be authorized to execute the agreement to award Tender 2017-93-CT; and
  THAT the Financial Services Division be authorized to issue a purchase order.

  CARRIED

10.3.2

PUR2017-059

Marielle van Engelen, Buyer
Angela Porteous, Regulatory Compliance Officer
Household Hazardous Waste Services, Tender 2017-88-OT

• CR2017-976
  Moved By Councillor Strangway
  Seconded By Councillor Elmslie

  RESOLVED THAT Report PUR2017-059, Tender 2017-88-OT Household Hazardous Waste Services, be received;
  THAT Envirosystems Inc. of Hamilton be selected for the award of Tender 2017-88-OT for Household Hazardous Waste Services for a two (2) year term, for the total tender price of $414,890.00, excluding HST, as per the unit prices submitted for the estimated quantities in the original tender document;
  THAT Envirosystems Inc. be selected for the award of the following two provisional items of Tender 2017-88-OT for a two year term, Emergency Services and Annual Training for total tender price of $5,600.00, excluding HST, as per the unit prices submitted for the estimated quantities in the original tender document and as completed at the discretion of the City;
  THAT Council approve the option to renew this tender, including provisional items, for an additional three (3) one (1) year terms, pending vendor performance, annual budget approval and in accordance with the Purchasing Policy;
  THAT subject to the receipt of the required documents, the Mayor and City Clerk be authorized to execute the agreement to award RFT 2017-88-OT Household Hazardous Waste Services; and
  THAT the Purchasing Division be authorized to issue a purchase order to Envirosystems Inc.

  CARRIED

10.3.3

ED2017-020

Debra Soule, Economic Development Officer, Arts, Culture, and Heritage
Heritage Victoria Amendments to the Terms of Reference

• CR2017-972

  RESOLVED THAT Report ED2017-020, Heritage Victoria Amendments to Terms of Reference, be received;
  THAT the 2015 Terms of Reference for Heritage Victoria be amended to change the name of the Committee to the Kawartha Lakes Municipal Heritage Committee; and
  THAT the 2015 Terms of Reference for Heritage Victoria be amended to increase the number of committee members by two members to enable one representative from each of the Oak Street and Downtown Lindsay Heritage Conservation Districts.

  CARRIED

10.3.4

PLAN2017-061

Janet Wong, Planner II
A By-law to Deem Lot 1, Registered Plan 159, geographic Township of Verulam, being 55 Meachin Drive (Styles)

• CR2017-973

  RESOLVED THAT Report PLAN2017-061, A By-law to Deem Lot 1, Registered Plan 159, geographic Township of Verulam, being 55 Meachin Drive (Styles) Styles – D30-17-008, be received;
  THAT a Deeming By-law respecting Lot 1, Registered Plan 159, substantially in the form attached as Appendix D to Report PLAN2017-061, be approved and adopted by Council; and
  THAT the Mayor and Clerk be authorized to execute any documents required by the approval of this application.

  CARRIED

10.3.5

PLAN2017-063

Ian Walker, Planning Officer - Large Developments
An application to amend the Town of Lindsay Zoning By-law 2000-75 to remove the Holding (H) symbol to allow the construction of three semi-detached dwellings with a total of six dwelling units at 110-120 Mary Street West, Lindsay (GRIMES)

• CR2017-974

  RESOLVED THAT Report PLAN2017-063, respecting Plan 8P, Part of Park Lot D1, 57R-9184, Part 21, Former Town of Lindsay, Grimes – Application D06-17-031, be received;
  THAT Zoning By-Law Amendment application D06-17-031 identified as 110-120 Mary Street West, City of Kawartha Lakes, as generally outlined in Appendix C to Report PLAN2017-063, be approved and adopted by Council; and
  THAT the Mayor and Clerk be authorized to execute any documents required by the approval of this application.

  CARRIED

10.3.6

FIRE2017-003

Andrew Veale, Councillor
Mark Pankhurst, Fire Chief
Fire Truck Specification Review

• CR2017-975

  RESOLVED THAT Report FIRE2017-003, Fire Truck Specification Review, be received;
  THAT Council endorses the recommendation of the Fire Truck Specification Review Committee to continue with the purchase of City of Kawartha Lakes fire trucks to the current edition of the NFPA1901 standard including the items outlined in Table 1 of report FIRE2017-003; and
  THAT the Fire Truck Specification Review Committee be dissolved as it has completed its mandate.

  CARRIED

10.3.7

WM2017-009

Angela Porteous, Regulatory Compliance Officer
Pilot Mattress Recycling Program

• CR2017-977
  Moved By Councillor James
  Seconded By Councillor Veale

  RESOLVED THAT Report WM 2017-009, Pilot Mattress Recycling Program, be received;
  THAT Council approve the implementation of a Mattress Recycling program as a 19 month pilot to start June 1, 2018 and end on December 31, 2019 as outlined in this report WM 2017-009 at a cost of $72,600.00 for 2018 and $124,500.00 for 2019; and
  THAT staff report back to Council on the success of the mattress recycling pilot program by July 31, 2019 with future program recommendations and 2020 budget expectations.

  CARRIED

10.4

Items Extracted from Consent

11.

COMMITTEE OF THE WHOLE

12.

COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES

12.1

CC2017-31.12.1

Minutes, Planning Advisory Committee
November 8, 2017

• CR2017-978
  Moved By Councillor O'Reilly
  Seconded By Councillor Veale

  RESOLVED THAT the Minutes of the November 8, 2017 Planning Advisory Committee Meeting be received and the recommendations be adopted.

  CARRIED

13.

CORRESPONDENCE AND PETITIONS

13.1

CC2017-31.13.1

Greg Mills, President of the Hickory Beach Association
Resurfacing of Sandy Point Road and Grey Road

• CR2017-979
  Moved By Councillor Yeo
  Seconded By Councillor Martin

  RESOLVED THAT the petition received from Greg Mills, President of the Hickory Beach Association regarding Resurfacing of Sandy Point Road and Grey Road, be received.

  CARRIED

14.

OTHER OR NEW BUSINESS

15.

BY-LAWS

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

• Moved By Councillor Pollard
  Seconded By Councillor Stauble

  RESOLVED THAT the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.12 be read a first, second and third time, passed, numbered, signed and the corporate seal attached, namely:

  CARRIED

15.1

By-Laws by Consent

15.1.1

CR2017-980

A By-law Imposing Special Annual Drainage Rates Upon Land in Respect of Which Money is Borrowed Under the Tile Drainage Act - Moore

15.1.2

CR2017-981

A By-Law to Authorize the Sale Of Municipally Owned Property Legally Described as Part of Lot 20, Concession 1, in the Geographic Township of Fenelon, City of Kawartha Lakes Described as Part 1 on Plan 57R-3141 Being All of PIN: 63164-0200 (LT)

15.1.3

CR2017-982

A By-Law to Authorize the Sale Of Municipally Owned Property Legally Described as Part of Lot 29, Registrar’s Compiled Plan 544, in the Geographic Village of Woodville, City of Kawartha Lakes Described as Part 1 on Plan 57R-8488 Being All of PIN: 63179-0139 (LT)

15.1.4

CR2017-983

A By-law to Establish and Assume a Parcel of Land Legally Described as Part of Lot 17, Concession 9 Designated as Parts 1, 2, 3, 4, 5, and 6 on Reference Plan 57R-5533 as Part of County Road 121, in the Geographic Township of Fenelon, City of Kawartha Lakes, Being PIN: 63160-0372 (LT)

15.1.5

CR2017-984

A By-Law to Authorize the Sale Of Municipally Owned Property Legally Described as East Half Lot 23, North Side of King Street and West Side of Nappadale Street, Registered Plan No. 119, in the Geographic Village of Woodville, City of Kawartha Lakes Designated as Parts 1, 2, and 3 on Plan 57R-10555 Being All of PIN: 63179-0177 (LT)

15.1.6

CR2017-985

A By-law to Repeal Various By-laws from Predecessor Municipalities Regarding Regulation of Fences

15.1.7

CR2017-986

A By-Law to Amend the City of Kawartha Lakes Official Plan to Redesignate Land within the City of Kawartha Lakes - 2042825 Ontario Inc.

15.1.8

CR2017-987

A By-law to Amend the Township of Ops Zoning By-law No. 93-30 to Rezone Land Within the City of Kawartha Lakes – 2042825 Ontario Inc.

15.1.9

CR2017-988

A By-law to Assume Dobson Street, Plan 57M-787 (PIN: 63232-0002(LT)) Kyle Court, Plan 57M-787 (PIN 63238-0296(LT)), Truax Street, Plan 57M-787 (PIN: 63238-9503(LT)), and Gunsolus Street, Plan 57M-787 (PIN: 63238-9504(LT)) Geographic Town of Lindsay, The Corporation of the City of Kawartha Lakes

15.1.10

CR2017-989

A By-Law To Amend The Town Of Lindsay Zoning By-Law 2000-75 To Remove The Holding Symbol (H) From A Zone Category On Property Within The City Of Kawartha Lakes - Grimes

15.1.11

CR2017-990

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 # 63127-0536(Lt), Described As Lot 1, Plan 159, Geographic Township Of Verulam, Now City Of Kawartha Lakes - Styles

15.1.12

CR2017-991

A By-law to Amend By-law 2012-173, being A By-law to Regulate Parking

15.2

By-Laws Extracted from Consent

Council recessed at 2:14 p.m. and reconvened at 2:21 p.m.

16.

CLOSED SESSION (IF NOT COMPLETED PRIOR TO OPEN SESSION)

• CR2017-992
  Moved By Councillor Pollard
  Seconded By Councillor Martin

  RESOLVED THAT Council convene into closed session at 2:22 p.m. in order to consider matters on the Tuesday, November 14, 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

17.

MATTERS FROM CLOSED SESSION

18.

CONFIRMING BY-LAW

• CR2017-995
  Moved By Councillor Jilesen
  Seconded By Councillor Junkin

  RESOLVED THAT a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, November 14, 2017 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

  CARRIED

19.

ADJOURNMENT

• CR2017-996
  Moved By Councillor Yeo
  Seconded By Councillor Macklem

  RESOLVED THAT the Council Meeting adjourn at 3:42 p.m.

  CARRIED

  Read and adopted this 28th day of November, 2017.