The Corporation of the City of Kawartha Lakes

Minutes

Special Council Meeting

CC2020-05
Electronic Meeting - Open Session Commencing at 1:00 p.m.
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Mayor Andy Letham
  • Deputy Mayor Patrick O'Reilly
  • Councillor Ron Ashmore
  • Councillor Pat Dunn
  • Councillor Doug Elmslie
  • Councillor Tracy Richardson
  • Councillor Kathleen Seymour-Fagan
  • Councillor Andrew Veale
  • 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.

Mayor Letham called the Meeting to order at 1:00 p.m. Deputy Mayor P. O'Reilly and Councillors R. Ashmore, P. Dunn, D. Elmslie, T. Richardson, K. Seymour-Fagan, A. Veale and E. Yeo were in attendance.

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

  • CR2020-118
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor Veale

    That the Agenda for the Open Session of the Special Council Meeting of Tuesday, May 26, 2020, be adopted as circulated.

    Carried

There were no declarations of pecuniary interest disclosed.

Mayor Letham:

  • Paramedics Week is recognized during the week of May 24th. Mayor Letham thanked all of the paramedics and first responders who have been working to keep residents safe and recognized their dedication and bravery.

Councillor Elmslie

  • National Accessibility Week will be celebrated during the week of May 31st.

    Accessibility Week celebrates the contributions of people with disabilities across the country and recognizes the efforts of Canadians who are actively removing barriers and ensuring persons with disabilities have an equal chance to participate in all aspects of society. With regret the City's Accessibility Advisory Committee has cancelled the Accessibility Awareness Recognitions Awards for the first time in 14 years and has deferred the nominations that were received to the 2021 year. 

Councillor Ashmore

  • Councillor Ashmore will be send a newsletter to the residents of Ward 6. Councillor Ashmore will also be hosting an open house on June 17th through an electronic participation Zoom meeting.

Councillor O'Reilly

  • The 2020 International Plowing Match, which was to be held in Kawartha Lakes, has been cancelled and will now be held in 2021.
  • The Lindsay Exhibition will be making an announcement regarding the status of the 2020 Lindsay Fair.
  • The 2020 Kinmount Fair has been cancelled.

Councillor Richardson

  • Councillor Richardson expressed gratitude to Fire Services for their efforts while combatting recent fire events that occurred in the Pontypool area.

Pandemic Response and Recovery Update
Ron Taylor, Chief Administrative Officer

Ron Taylor, Chief Administrative Officer, provided an update on the City's response to the COVID-19 Pandemic and outlined the efforts that are being made to prepare for the recovery efforts that will be required.

  • CR2020-118
    Moved ByCouncillor Richardson
    Seconded ByCouncillor Dunn

    That the presentation by Ron Taylor, Chief Administrative Officer, regarding a Pandemic Response and Recovery Update, be received.

    Carried

Outstanding Council Resolutions Q1 and Q2 of 2020
Ron Taylor, Chief Administrative Officer

  • CR2020-120
    Moved ByCouncillor Yeo
    Seconded ByCouncillor Elmslie

    That Report CAO2020-004, Outstanding Council Resolutions Q1 and Q2 2020 be received.

    Carried

Electronic Participation - Amendments to the Procedural By-law (Post State of Emergency)
Cathie Ritchie, City Clerk

  • CR2020-121
    Moved ByCouncillor Ashmore
    Seconded ByDeputy Mayor O'Reilly

    That Report CLK2020-005, Electronic Participation - Amendments to the Procedural By-law, be received;

    That Council approves electronic participation in accordance with section 238 (3.1) of the Municipal Act for Council, Local Boards and Committees;

    That Council approves electronic participation as prescribed for all Other Advisory Committees and Task Forces amending all Terms of Reference effective June 1, 2020; and

    That a by-law to amend the Procedural By-law be forwarded to Council for approval.

    Carried

Community Recovery Task Force Terms of Reference
Rod Sutherland

  • CR2020-122
    Moved ByCouncillor Richardson
    Seconded ByCouncillor Yeo

    That Report HS2020-003, Community Pandemic Recovery Task Force, be received for information purposes;

    That the Community Pandemic Recovery Task Force Terms of Reference, appended as Attachment A to Report HS2020-003, be approved;

    That Councillors Ashmore, Elmslie and Richardson, Fire Chief Mark Pankhurst, and Director Rod Sutherland be appointed to the Community Pandemic Recovery Task Force; and

    That the appointed Task Force members be delegated the authority to appoint the community representatives to the Task Force from the sectors as identified in the Terms of Reference.

    Carried

Economic Recovery Task Force Terms of Reference
Rebecca Mustard, Manager of Economic Development

  • CR2020-124
    Moved ByCouncillor Veale
    Seconded ByCouncillor Dunn

    That Report ED2020-016, Economic Recovery Taskforce Terms of Reference, be received;

    That the Economic Recovery Terms of Reference as outlined in Appendix A to report ED2020-016, be approved;

    That Mayor Letham, Deputy Mayor Councillor O’Reilly, Councillor Seymour-Fagan, and Councillor Veale, and the Directors of Development Services and Engineering and Corporate Assets be appointed to the Economic Recovery Taskforce; and

    That the appointed Task Force members be delegated the authority to appoint the community representatives to the Task Force from the sectors as identified in the Terms of Reference.

    Carried
  • CR2020-124
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor Richardson

    That Councillor Dunn be appointed to the Community Pandemic Recovery Task Force.

    Carried

Powerlinks Extension Agreement with Shaman Power
Craig Shanks, Director of Community Services

  • CR2020-125
    Moved ByCouncillor Elmslie
    Seconded ByDeputy Mayor O'Reilly

    That Report CS2020-007, Powerlinks Extension Agreement with Shaman Power, be received, and;

    That Council authorize the Mayor and Clerk to sign and execute the Agreement.

    Carried

Life Cycle Extension, Local Asphalt Road Section Candidates
Mike Farquhar, Supervisor Technical Services

  • CR2020-126
    Moved ByCouncillor Yeo
    Seconded ByCouncillor Veale

    That Report ENG2020-007, Life Cycle Extension, Local Asphalt Road Section Candidates, be received.

    Carried
  • CR2020-127
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor Veale

    That staff report back to Council at the June 9, 2020 Committee of the Whole Meeting regarding any further candidates under the Life Cycle Extension Program with budget implications.

    Carried

Tax Policy Decisions
Linda Liotti, Manager, Revenue & Taxation
Jennifer Stover, Director of Corporate Services

  • CR2020-128
    Moved ByCouncillor Seymour-Fagan
    Seconded ByCouncillor Dunn

    That Report CORP2020-006, 2020 Tax Policy Decisions, be received.

    That optional property classes for the 2020 tax year are not adopted;

    That the tax rate reduction for vacant and excess land in the commercial and industrial class be set as 30% and 35% respectively for 2020;

    That the tax rate reduction for First Class Undeveloped Farm Land be set at 45% for 2020;

    That the capping and threshold parameters be established as follows:

     

    Commercial

    Industrial

    Annualized Tax Limit

    10%

    10%

    Prior Year’s CVA Tax Limit

    10%

    10%

    CVA Tax Threshold for Protected

    Properties (Increasers) ($0 to $500)

    500

    500

    CVA Tax Threshold for Clawed Back Properties

    (Decreases) ($0 to $500)

    500

    500

    Properties that were at CVA Tax in 2019 or that

    would cross over CVA Tax in 2020 are to be

    excluded from capping.

    Yes

    Yes

    That the decrease claw back parameters for 2020 be set at 0% for multi-residential, commercial and industrial;

    That Council approve the 2020 tax ratios as outlined in Appendix A to report CORP2020-006; and

    That the necessary by-laws be forwarded to Council for adoption.

    Carried

Official Plan and Zoning By-law Amendments to Facilitate a Residential Severance of an Existing Dwelling (Parkbridge Lifestyle Communities)
Anna Kalnina, Planner II

  • CR2020-129
    Moved ByCouncillor Ashmore
    Seconded ByCouncillor Seymour-Fagan

    That Report PLAN2020-012, respecting Part Lot 5, Concession 4, geographic Township of Verulam, Parkbridge Lifestyle Communities Inc. – Applications D01-2020-001 and D06-2020-003, be received;

    That a By-law to implement the proposed Official Plan Amendment, substantially in the form attached as Appendix B to Report PLAN2020-012, be approved and adopted;

    That the Zoning By-law Amendment, substantially in the form attached as Appendix C to Report PLAN2020-012, be approved and adopted; and

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

    Carried

Telecommunications Facility Endorsement Application – Xplornet Communications
Ian Walker, Planning Officer – Large Developments

  • CR2020-130
    Moved ByCouncillor Veale
    Seconded ByCouncillor Elmslie

    That Report PLAN2020-013, Part of Lot 21, Concession 2, Geographic Township of Fenelon, Donald and Sylvia Holliday – Application D44-2019-001, be received;

    That the 45.0 metre self-supported telecommunication facility proposed by Forbes Bros. Ltd. on behalf of Xplornet Communications, to be sited on property at 1641 Glenarm Road and generally outlined in Appendices A to E to Report PLAN2020-013, be endorsed by Council, conditional upon the applicant entering into a Telecommunication Facility Development Agreement with the City;

    That Innovation, Science and Economic Development (ISED) Canada, the applicant, and all interested parties be advised of Council’s decision; and

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

    Carried

Proposed Residential Development for 157 Townhouses on Lindsay Street North, Lindsay (2573532 Ontario Inc.)
Sherry Rea, Development Planning Supervisor

  • CR2020-131
    Moved ByCouncillor Dunn
    Seconded ByDeputy Mayor O'Reilly

    That Report PLAN2020-015, Part of Lot 24, Concession 5, geographic Township of Ops and Part of Lot 3 and Block X, Plan 1, former Town of Lindsay, Application D06-2019-007 be received;

    That the Zoning By-law Amendment, D06-2019-007, substantially in the form attached as Appendix C to Report Plan 2020-015, be approved and adopted;

    That in accordance with Section 34(17) of the Planning Act, Council having considered the change to the proposed Zoning By-law Amendment deems no further public notice to be necessary; and

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

    Carried

Applications to Amend the City of Kawartha Lakes Official Plan and Township of Fenelon Zoning By-law 12-95 to Permit a Residential Condominium Development Consisting of 26 Townhouse Dwellings and Two Apartment Buildings Containing 60 Dwelling Units on West Street North, Geographic Township of Fenelon, now City of Kawartha Lakes (Muskoka D & M Corp.)
Mark LaHay, Planner II

  • CR2020-132
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor Dunn

    That Report PLAN2020-016, respecting being Part of Lot 23, Concession 9, Parts 1 to 3, Plan 57R-8353, Parts 1 and 2, Plan 57R-2352, Lots 53-54, Part Third Street (Closed), Plan 190, geographic Township of Fenelon, identified as 19, 39 and 67 West Street North, “Muskoka D & M Corp. – Applications D01-2018-006 and D06-2018-028”, be received;

    That a By-law to implement Official Pan Amendment application D01-2018-006, substantially in the form attached as Appendix ‘C’ to Report PLAN2020-016 be approved and adopted by Council;

    THAT a By-law to implement Zoning By-law Amendment application D06-2018-028, substantially in the form attached as Appendix ‘D’ to Report PLAN2020-016 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 these applications.

    Carried

Request by Aspire Sturgeon Developments Inc. to enter into an Amending Subdivision Agreement for Plan of Subdivision 638, File No. D05-35-010, Islandview Estates Subdivision
Richard Holy, Manager of Planning

  • CR2020-133
    Moved ByDeputy Mayor O'Reilly
    Seconded ByCouncillor Richardson

    That Report PLAN2020-019, Islandview Estates Amending Subdivision Agreement, be received;

    That the Amending Subdivision Agreement for Islandview Estates, City of Kawartha Lakes, substantially in the form attached as Appendix “C” to Report PLAN2020-019 be approved by Council;

    That the reduction of securities be considered once the completed works have been confirmed by Staff; and

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

    Carried

Assumption of Cloverlea Subdivision Phase 3, Lindsay
Christina Sisson, Supervisor, Development Engineering
Juan Rojas, Director of Engineering and Corporate Assets

  • CR2020-134
    Moved ByDeputy Mayor O'Reilly
    Seconded ByCouncillor Yeo

    That Report ENG2020-008, Assumption of Clovelea Phase 3 Subdivision, Lindsay, be received;

    That the Assumption of Cloverlea Subdivision Phase 3 Lindsay, Geographic Town of Lindsay, City of Kawartha Lakes, be approved;

    That an Assumption By-Law, substantially in the form attached as Appendix ‘A’, to Report ENG2020-008 be approved and adopted by Council; and

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

    Carried
  • CR2020-135
    Moved ByCouncillor Veale
    Seconded ByCouncillor Richardson

    That the By-laws shown in Section 9 of the Agenda, namely: Items 9.1 to and including 9.11 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

    Carried

A By-law to Amend By-law 2020-035, being a By-law to Regulate Govern and Regulate the Proceedings of the Council of the City of Kawartha Lakes (Post State of Emergency)

A By-law to Establish 2020 Tax Ratios in the City of Kawartha Lakes

A By-law to Provide Tax Relief to Certain City of Kawartha Lakes Property Owners Who Are Low Income Elderly Persons, Low Income Persons Between the Ages of 55 and 64, Low Income Disabled Persons or Ontario

A By-law to Provide Water Rate Relief To Certain City of Kawartha Lakes Property Owners Who Are Low Income Elderly Persons, Low Income Persons Between The Ages Of 55 And 64, Low Income Disabled Persons Or Ontario Disability Support Program Recipients

A By-law to Authorize the Execution of a Telecommunications License Agreement between The Corporation of the City of Kawartha Lakes and Xplornet Communications Inc.

A By-law to Amend the City of Kawartha Lakes Official Plan to Add a Special Provision to Land within the City of Kawartha Lakes (2152 City Road 36 - Parkbridge Lifestyle Communities)

A By-law to Amend The Township of Verulam Zoning By-law No. 6-87 in The City of Kawartha Lakes (2152 City Rad 36 - Parkbridge Lifestyle Communities)

A By-Law To Amend The Town of Lindsay Zoning By-Law No. 2000-75 To Rezone Land Within The City Of Kawartha Lakes (2573532 Ontario Inc.)

A By-Law to Amend the City of Kawartha Lakes Official Plan to Redesignate Land within the City of Kawartha Lakes (Muskoka D & M Corp.)

A By-Law To Amend The Township of Fenelon Zoning By-Law No. 12‑95 To Rezone Land Within The City Of Kawartha Lakes(Muskoka D & M Corp.)

A By-law to Assume Cloverlea Phase 3 Subdivision, Plan 57M-800, specifically Blueberry Lane, PIN: 63237- 1786, Brackendale Trail, PIN: 63237-1787, Briarwood Avenue, PIN: 63237-1788, Broad Street, PIN: 63237-1789, Commerce Road, PIN: 63237-1790, and Silverbrook Avenue, PIN: 63237-1791, the 0.3 metre reserves, Blocks 87, 88, 89, and 90, PIN: 63237-1782, 63237-1783, 63237-1784, and 63237-1785, respectively, Trail Blocks 83, 84, and 85, PINs: 63237-1778, 63237-1779, and 63237-1780, respectively and the Stormwater Management Pond, Block 82, PIN: 63237-1777, Geographic Town of Lindsay, The Corporation of the City of Kawartha Lakes

At this point of the meeting, Council proceeded to go into Closed Session to consider the item under Section 10 of the Agenda. All remaining staff, with the exception of the CAO, City Clerk, and City Solicitor, were instructed to leave the electronic meeting. As per the City's Procedural By-law requirements, Mayor Letham asked all remaining participants in the  meeting to confirm, by raising their hands, that that they were in a private room, where:
A. No other persons could overhear the deliberations; and
B. Their internet connection was secure and not publicly accessible. 

  • CR2020-136
    Moved ByCouncillor Elmslie
    Seconded ByCouncillor Dunn

    That Council approve the Closed Session Agenda and convene into closed session at 3:47 p.m. pursuant to Section 239(2) of the Municipal Act, S.O. 2001 S.25, in order to consider matters identified in Section 10 of the Special Council Meeting Agenda of Tuesday, May 26, 2020, namely Item 10.1.

    Carried
  • CR2020-139
    Moved ByCouncillor Yeo
    Seconded ByCouncillor Veale

    That Council instruct the City Solicitor to commence an application in the Divisional Court for an injunction to prevent the soil stockpiling at 3243 Kirkfield Road on an interim basis pending prosecution.

    Carried

A By-law to Confirm the Proceedings of a Special Meeting of Council on Tuesday, May 26, 2020

  • CR2020-140
    Moved ByCouncillor Dunn
    Seconded ByCouncillor Ashmore

    That a by-law to confirm the proceedings of a Special Council Meeting held Tuesday, May 26, 2020 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

    Carried
  • CR2020-141
    Moved ByCouncillor Yeo
    Seconded ByCouncillor Dunn

    That the Council Meeting adjourn at 4:10 p.m.

    Carried

    Read and adopted this 23 day of June, 2020.


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