The Corporation of the City of Kawartha Lakes

Agenda

 

Regular Council Meeting

Meeting #:	CC2019-13
Date:	Tuesday, April 23, 2019
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
• Deputy Mayor Doug Elmslie
• Councillor Ron Ashmore
• Councillor Pat Dunn
• Councillor Patrick O'Reilly
• Councillor Tracy Richardson
• Councillor Kathleen Seymour-Fagan
• Councillor Andrew Veale
• Councillor Emmett Yeo

Accessible formats and communication supports are available upon request.

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1.

Call to Order

2.

Adoption of Closed Session Agenda

• That the Closed Session agenda be adopted as circulated.

3.

Disclosure of Pecuniary Interest in Closed Session Items

4.

Closed Session

• That Council convene into closed session at 1:30 p.m. in order to consider matters on the Tuesday, April 23, 2019 Closed Session Agenda and that are permitted to be discussed in a session closed to the public pursuant to Section 239(2)(b) of the Municipal Act, S.O. 2001. S.25.

4.1

CC2019-13.4.1

Closed Session Minutes, Regular Council Meeting of March 26, 2019
Municipal Act, 2001 s.239(2)(b)

4.2

CC2019-13.4.2

Closed Session Minutes, Special Council Meeting of April 9, 2019
Municipal Act, 2001 s.239(2)(b)

4.3

WM2019-006

Member Recruitment to the Waste Management Advisory Committee
Personal Matter About an Identifiable individual
Municipal Act, 2001 s.239(2)(b)
David Kerr, Manager of Environmental Services

5.

Opening Ceremonies

5.1

Call Open Session to Order

5.2

O Canada

5.3

Moment of Silent Reflection

5.4

Adoption of Open Session Agenda

• That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, April 23, 2019, be adopted as circulated and with the following amendments:

   

  Addition - Presentation

   

  Item 11.3 - to be dealt with immediately following Item 11.1

  Update from Laurie Scott, MPP Haliburton-Kawartha Lakes-Brock

   

  Addition under Item 12 - Committee of the Whole

   

  Correspondence - Frank Hill Road Public Water Access
  (Committee of the Whole Recommendation CW2019-092, Item 12.1.6 on the Agenda)
  Nick Lasch

6.

Disclosure of Pecuniary Interest

7.

Notices and Information by Members of Council and Staff

7.1

Council

7.2

Staff

8.

Matters from Closed Session

9.

Council Minutes

9.1

CC2019-13.9.1

Regular Council Meeting Minutes - March 26, 2019
Special Council Meeting Minutes - April 9, 2019

• That the Minutes of the March 26, 2019 Regular Council Meeting and the April 9, 2019 Special Council Meeting, be received and adopted.

10.

Deputations

11.

Presentations

11.1

CC2019-13.11.1

Update from Jamie Schmale, MP for Haliburton-Kawartha Lakes-Brock
Timed appointment - 3:00 p.m.

• That the update from Jamie Schmale, MP for Haliburton-Kawartha Lakes-Brock, be received.

11.2

CC2019-13.11.2

Tax Policy Overview
(CORP2019-010, Item 14.1.3 on the Agenda)
Jennifer Stover, Director of Corporate Services
Linda Liotti, Manager of Revenue and Taxation

• That the presentation by Linda Liotti, Manager of Revenue and Taxation, regarding a Tax Policy Overview, be received.

13.

Planning Advisory Committee Minutes

Planning Advisory Committee Meeting Minutes - April 10, 2019

• That the Minutes of the April 10, 2019 Planning Advisory Committee Meeting be received and the recommendations, included in section 13.1 of the Agenda, be adopted.

13.1

Business Arising from Planning Advisory Committee Minutes

13.1.1

PAC2019-025

• That Report PLAN2019-020, respecting Lots 30, 31, and 32, Concession 1,Township of Eldon, and identified as vacant land south side of Rohallion Road, 676249 Ontario Ltd – Application D06-2019-004, be received; and

  That the proposed Zoning By-law Amendment respecting Application D06-2019-004, be referred back to address any issues raised through the public consultation process and for further review and processing until such time that all comments have been received from all circulated agencies and City departments and that any comments and concerns have been addressed.

13.1.2

PAC2019-026

• That Report PLAN2019-022, respecting Part Lot 26, Concession 6, Geographic Township of Verulam and identified as 36 Walker’s Road; Application No. D06-2019-006, be received;

  That a Zoning By-law Amendment respecting Application D06-2019-006 respecting Part Lot 26, Concession 6, Geographic Township of Verulam, substantially in the form attached as Appendix C to Report PLAN2019-022, be approved and adopted by Council;

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

  That Section 34 (17) of the Planning Act apply, and that no additional notice be given to this application.

13.1.3

PAC2019-027

• That Report PLAN2019-023, respecting Block C, Plan 466, Geographic Township of Emily, City of Kawartha Lakes, Application No. D06-2019-005, be received; and

  That Zoning By-law Amendment Application D06-2019-005, Block C, Plan 466 Geographic Township of Emily, City of Kawartha Lakes, be referred back to staff for further review and processing until such time that all comments have been received from all circulated Agencies and any other concerns or issues have been addressed.

13.2

Items Extracted from Planning Advisory Committee Minutes

14.

Consent Matters

• That all of the proposed resolutions shown in Section 14.1 and 14.2 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 14.1.3, 14.1.7 and 14.1.8

14.1

Reports

14.1.1

RS2019-020

Proposed Surplus Declaration, Closure and Sale of Shoreline Road Allowance Adjacent to 76 Fulsom Crescent, Carden
Laura Carnochan, Law Clerk – Realty Services

• That Report RS2019-020, Proposed Surplus Declaration, Closure and Sale of Shoreline Road Allowance adjacent to 76 Fulsom Crescent, Carden, be received;

  That the subject property, being the shoreline road allowance adjacent to 76 Fulsom Crescent, Carden and legally described as Part of the Shoreline Road Allowance Lying in Front of Lots 13-14 on Plan 360, in the Geographic Township of Carden, City of Kawartha Lakes, be declared surplus to municipal needs;

  That the closure of the portion of road allowance and sale to the adjoining landowner 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 road allowance;

  That a by-law (with any amendments deemed necessary) to close the road and authorize its disposition shall be passed if appropriate; and

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

14.1.2

RS2019-021

Proposed License Agreement between the City of Kawartha Lakes and Environment Canada (Water Monitoring Station)
Laura Carnochan, Law Clerk – Realty Services

• That Report RS2019-021, Proposed License Agreement between the City of Kawartha Lakes and Environment Canada (Water Monitoring Station), be received; and

  That the Mayor and Clerk be authorized to execute the License Agreement, attached as Appendix B to Report RS2019-021, on behalf of the Corporation of the City of Kawartha Lakes, being a License Agreement with Environment Canada for the purpose of permitting a water monitoring station to be located on the shoreline road allowance adjacent to Head River.

14.1.4

PUR2019-007

RFQ 2019-18-CQ Supply and Delivery of One (1) New Valve Exercise Trailer
Marielle van Engelen, Buyer
Todd Bryant, Manager of Fleet and Transit Services

• That Report PUR2019-007, Request for Quotation 2019-18-CQ Supply and Delivery of One (1) New Valve Exercise Trailer, be received;

  That Wachs Canada Ltd. of Newmarket, Ontario be awarded Request for Quotation 2019-18-CQ Supply and Delivery of One (1) New Valve Exercise Trailer, for the total amount of $112,790.00 (not including HST) with optional equipment; and

  That subject to receipt of the required documents, the Procurement Division be authorized to issue a purchase order.

14.1.5

PUR2019-010

Request for Quotation 2019-16-CQ Supply and Delivery of One (1) New Forestry Aerial Truck
Marielle van Engelen, Buyer
Todd Bryant, Manager of Fleet and Transit Services

• That Report PUR2019-010, Request for Quotation 219-16-CQ Supply and Delivery of One (1) New Forestry Aerial Truck, be received;

  That Allan Fyfe Equipment Ltd., of Concord, Ontario ; be selected for the award of quotation 2019-16-CQ Supply and Delivery of One (1) New Forestry Aerial Truck for the quoted amount of $ $232,420.00 not including HST;

  That project 9994190311 Forestry Aerial Truck be increased by $36,510.00, with $29,208.00 being funded from the Parks and Recreation portion of the Development Charges Reserve (45%) and the remaining $7,302.00 being funded by the Public Works Fleet Reserve; and

  That subject to receipt of required documents, Financial Services be authorized to issue a purchase order.

14.1.6

PUR2019-011

2019-35-CQ Gravel Resurfacing – Supply and Place Granular Material
Linda Lee, Buyer
Mike Farquhar, Supervisor, Technical Services

• That Report PUR2019-011, 2019-35-CQ Gravel Resurfacing – Supply and Place Granular Material, be received;

  That Nesbitt Line Road be removed from program RD1806 Gravel Resurfacing and replaced with Manvers/ Scugog road as outlined in the Report PUR2019-011;

  That Robert E. Young Construction Ltd. be selected for the award of 2019-35-CQ Gravel Resurfacing – Supply and Place Granular Material for the total quoted amount of $1,314,921.80 plus HST;

  That subject to receipt of the required documents, the Mayor and clerk be authorized to execute the agreements to award the contract; and

  That the Procurement Division be authorized to issue a Purchase Order.

14.1.9

PUR2019-014

Single Source Request to Procure One Land Ambulance
Launa Macey, Supervisor of Financial Services

• That Report PUR2019-014, Single Source to Procure One Land Ambulance, be received;

  That Crestline Coach Ltd. of Saskatoon, SK be awarded the work for a cost of $149,134.00 not including HST; and

  That the Purchasing Division be authorized to issue a purchase order.

14.1.10

PUR2019-015

Single Source for Lindsay Recreation Complex East Pool Roof Replacement
Launa Macey, Supervisor of Financial Services
Rod Porter, Capital and Special Projects Supervisor

• That Report PUR2019-015, Single Source for Lindsay Recreation Complex East Pool Roof Replacement, be received;

  That Kei-Lin Roofing Inc. be awarded the work for the Lindsay Recreation Complex East Pool Roof Replacement for the total quoted amount of $127,773.00 plus HST;

  That subject to receipt of the required documents, the Mayor and clerk be authorized to execute the agreements to award the contract; and

  That the Procurement Division be authorized to issue a Purchase Order.

14.1.11

PUR2019-019

2019-14-CP Design, Supply and Install a Splashpad at Elgin Park
Launa Macey, Supervisor of Financial Services
Ryan Smith, Supervisor Parks and Open Spaces

• That Report PUR2019-019, 2019-14-CP Design, Supply and Install a Splashpad at Elgin Park, be received;

  That Yard Weasels Inc. be awarded the work for Design, Supply and Install a Splashpad at Elgin Park as the highest scoring proponent;

  That subject to receipt of the required documents, the Mayor and clerk be authorized to execute the agreements to award the contract; and

  That the Procurement Division be authorized to issue a Purchase Order.

14.1.12

BLDG2019-001

Building By-law 2012-019 Amendment No 5 - Code of Conduct for Building Officials
Susanne Murchison, Chief Building Official

• That Report BLDG2019-001, Building By-law 2012-019 Amendment No 5 - Code of Conduct for Building Officials, be received;

  That the Code of Conduct for Building Officials be approved; and

  That the necessary amending by-Law be brought forward to Council for adoption.

14.1.13

EA2019-008

Request by Michael Redmond to Enter into an Interim Development Charges Agreement
Adam Found, Manager of Corporate Assets

• That Report EA2019-008, Request by Michael Redmond to Enter into an Interim Development Charges Agreement, be received; and

  That pursuant to By-Law 2015-224, the Mayor and City Clerk be authorized to enter into an interim development charges agreement with Michael Redmond in order to secure the redevelopment credit attached to Mr. Redmond’s property located at 396 County Road 36, Lindsay, Ontario (OPS CON 7 PT LT 22 & RP 57R10416 PART 1) for a period ending on March 31, 2020.

14.1.14

FIRE2019-001

License Amendment Agreement with Bell Canada
Terry Jones, Deputy Chief

• That Report FIRE2019-001, License Amendment Agreement between the City of Kawartha Lakes and Bell Canada, be received;

  That the Amendment to the License Agreement between the City of Kawartha Lakes and Bell Canada for Bell Tower Use by the Fire Department, attached as Appendix B to Report FIRE2019-001, be approved; and

  That a By-law, substantially in the form attached as Appendix A to Report FIRE2019-001 be forwarded to Council for adoption.

14.1.15

FIRE2019-002

Proposed Construction Agreement and Encroachment Agreement Part of Lot 24, Concession 8, Township of Manvers (New Bethany Fire Hall)
Ron Raymer, Deputy Chief

• That Report FIRE 2019-002, Proposed Construction Agreement and Encroachment Agreement Part of Lot 24, Concession 8, Township of Manvers, be received; and

  That the Mayor and Clerk be authorized to execute the Construction Agreement and the Encroachment Agreement attached as Appendix A to Report FIRE2019-002.

14.1.3

CORP2019-010

2019 Tax Policy Decisions
Linda Liotti, Manager of Revenue and Taxation

• That Report CORP2019-010, 2019 Tax Policy Decisions, be received;

  That optional property classes for the 2019 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 2019;

  That the tax rate reduction for First Class Undeveloped Farm Land be set at 45% for 2019;

  That the City exit the capping/clawback program as no properties fall within the threshold parameters;

  That Council approve the 2019 tax ratios as outlined in Appendix A to report CORP2019-010; and

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

• That staff be directed to examine the impacts of adjusting the farmland tax ratio and the impacts of different incremental reductions of farmland tax ratios with a report to Council by end of Q3 2019.

14.1.7

PUR2019-012

2019-27-CQ – Rural Resurfacing – Road Resurfacing; and 2019-13-CQ Urban and Arterial Road Resurfacing
Linda Lee, Buyer
Mike Farquhar, Supervisor, Technical Services
Corby Purdy, Supervisor/Infrastructure, Design, Construction

• That Report PUR2019-012, 2019-27-CQ - Rural Resurfacing - Road Resurfacing and 2019-13-CQ Urban and Arterial Road Resurfacing, be received; 

  That Royel Paving, A division of CRH Canada Group Inc. be selected for the award of 2019-27-CQ Rural Resurfacing – Road Resurfacing for the quotation price of $2,086,144 plus HST;

  That Brennan Paving and Construction Ltd. be selected for the award of 2019-13-CQ Urban and Arterial Road Resurfacing for the quoted price of $4,674,039.00 plus HST;

  That Council authorizes the increase of $504,615 to the Capital budget program 9831904 (RD1904 Urban and Arterial Resurfacing) to be funded from the Federal Gas Tax Reserve;

  That subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the agreements to award these quotations;

  That the Procurement Division be authorized to issue Purchase Orders as applicable; and

  That staff be directed to bring a report to Council with a recommendation on additional roads to be resurfaced under the Rural Resurfacing – Road Resurfacing Program in the amount of approximately $504,615 to be funded from the Capital Project Reserve.

• That Report PUR2019-012, 2019-27-CQ - Rural Resurfacing - Road Resurfacing and 2019-13-CQ Urban and Arterial Road Resurfacing, be received; 

  That Royel Paving, A division of CRH Canada Group Inc. be selected for the award of 2019-27-CQ Rural Resurfacing – Road Resurfacing for the quotation price of $2,086,144 plus HST;

  That Brennan Paving and Construction Ltd. be selected for the award of 2019-13-CQ Urban and Arterial Road Resurfacing for the quoted price of $4,674,039.00 plus HST;

  That Council authorize the transfer of the surplus amount of $504,615 back to the Capital projects reserve from program 9831905 (RD1905 Rural Resurfacing);

  That Council authorizes the increase of $504,615 to the Capital budget program 9831904 (RD1904 Urban and Arterial Resurfacing) to be funded from the Capital reserve.

  That subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the agreements to award these quotations; and

  That the Procurement Division be authorized to issue Purchase Orders as applicable.

14.1.8

PUR2019-013

2019-09-OP Rural Zoning By-law Consolidation and Update
Linda Lee, Buyer
Richard Holy, Manager of Planning

• That Report PUR2019-013, 2019-09-OP Rural Zoning By-law Consolidation and Update, be received;

  That WSP Canada Group Limited be selected for the award of 2019-09-OP Rural Zoning By-law Consolidation and Update for the total quoted amount of $98,632.50 plus HST;

  That subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the agreement to award the contract; and

  That the Procurement Division be authorized to issue a purchase order.

14.2

Correspondence

14.3

Items Extracted from Consent

15.

Petitions

15.1

CC2019-13.15.1

Request for Erection of Stop Signs at Intersection of Graham Drive and Stinson's Bay Road
Bruce Fong

• That the petition received from Bruce Fong regarding Request for Erection of Stop Signs at Intersection of Graham Drive and Stinson's Bay Road, be received; and

  That staff be directed to bring forward to the necessary by-law to implement a 3-Way Stop at the intersection of Graham Drive and Stinson's Bay Road.

16.

Other or New Business

17.

By-Laws

• That the By-Laws shown in Section 17.1 of the Agenda, namely: Items 17.1.1 to and including 17.1.24 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

17.1

By-Laws by Consent

17.1.1

By-law 2019-059

A By-law to Regulate Cost Sharing Measures for Fences on Property Lines in the City of Kawartha Lakes

17.1.2

By-law 2019-060

A By-law to Amend By-law 2017-216, Being a By-law to Regulate Fences in the City of Kawartha Lakes

17.1.3

By-law 2019-061

A By-law to Amend By-law 2018-234, being a By-Law to Establish and Require Payment of Fees for Information, Services, Activities and Use of City Property in the City of Kawartha Lakes (known as the Consolidated Fees By-law)

17.1.4

By-law 2019-062

A By-law to Enter Into an Amending Agreement with Five W Farms Inc. and to Authorize the Execution of Such Agreement

17.1.5

By-law 2019-063

A By-law to Amend By-Law 2016-150, Being a By-law to Stop Up and Close the Road Allowance Between Concessions 9 and 10 in the Geographic Township of Fenelon, City of Kawartha Lakes Designated as Parts 1-7 on Reference Plan 57R-10509 and to Authorize the Sale of Land to the Abutting Landowners

17.1.6

By-law 2019-064

A By-law to Appoint a Municipal Law Enforcement Officer for the City of Kawartha Lakes (T. Montgomery)

17.1.7

By-law 2019-065

A By-law to Appoint an Area Weed Inspector for the City of Kawartha Lakes (T. Montgomery)

17.1.8

By-law 2019-066

A By-law to Appoint a Municipal Law Enforcement Officer for the City of Kawartha Lakes (K. Tesic)

17.1.9

By-law 2019-067

A By-law to Appoint an Area Weed Inspector for the City of Kawartha Lakes (K. Tesic)

17.1.10

By-law 2019-068

A By-law to Appoint a Municipal Law Enforcement Officer for the City of Kawartha Lakes (C. Neamtz)

17.1.11

By-law 2019-069

A By-law to Appoint an Area Weed Inspector for the City of Kawartha Lakes (C. Neamtz)

17.1.12

By-law 2019-070

A By-law to Establish 2019 Tax Ratios in the City of Kawartha Lakes

17.1.13

By-law 2019-071

A By-law to Set Tax Rate Reductions for the Prescribed Subclasses in the City of Kawartha Lakes

17.1.14

By-law 2019-072

A By-law to Limit Tax Decreases on Commercial, Industrial and Multi-Residential Properties for 2019 in the City of Kawartha Lakes

17.1.15

By-law 2019-073

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 Disability Support Program Recipients

17.1.16

By-law 2019-074

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

17.1.17

By-law 2019-075

A By-law to Amend the Building By-Law 2012-019, Being a By-law Under the Building Code Act Respecting Permits and Related Matters in the City of Kawartha Lakes (Amendment No 5)

17.1.18

By-law 2019-076

A By-law to Amend the Township of Verulam Zoning By-law No. 6-87 to Permit a Temporary Use Within the City Of Kawartha Lakes
(File D06-2019-006, Report Plan2019-022, 36 Walker’s Road – Ashby & McGale)

17.1.19

By-law 2019-077

A By-law to Repeal and Replace By-law 2009-116, as Amended, Being a By-law to Regulate the Operation of ATVs and ORVs on Municipal Highways in the City of Kawartha Lakes

17.1.20

By-law 2019-078

A By-law to Repeal and Replace By-law 2011-044, Being a By-law to Authorize the Execution of a License Confirming and Amending Agreement Between the City of Kawartha Lakes and Bell Canada

17.1.21

By-law 2019-079

A By-law to Repeal By-law 2017-247, Being a By-law to Authorize the Sale of Municipally Owned Property Legally Described as Lots 1, 2, 3, 6, and 7, Block 12, Registered Plan No. 109, in the Geographic Village of Omemee, City of Kawartha Lakes, Designated as Part 1 on Plan 57R-10576 being PIN: 63255-0263 (LT)

17.1.22

By-law 2019-080

A By-law to Designate 41 Melbourne St W., Lindsay in the City of Kawartha Lakes as being of Cultural Heritage Value and Interest

17.1.23

By-law 2019-081

A By-law Imposing Special Annual Drainage Rates Upon Land in Respect of Which Money is Borrowed under the Tile Drainage Act (Tile Drain Loan - Burney)

17.1.24

By-law 2019-082

A By-law to Amend By-law 2018-187, Being a By-law to Appoint a Drainage Superintendent for the City of Kawartha Lakes (L. Feitler)

17.2

By-Laws Extracted from Consent

• That staff be directed to bring forward the necessary by-law to amend By-law 2007-107, being A By-law to Regulate and Govern Trail Uses Along the Victoria Rail Trail Corridor (VRTC) in the City of Kawartha Lakes, to allow the use of ATVs and ROVs on the section of the VRTC from Northline Road in Fenelon Falls to the VRTC Trailhead at Superior Propane located at Superior Road just off of Highway 121.

18.

Notice of Motion

19.

Closed Session (If Not Completed Prior to Open Session)

20.

Matters from Closed Session

21.

Confirming By-Law

21.1

By-law 2019-083

A By-Law to Confirm the Proceedings of a Regular Meeting of Council, Tuesday, April 23, 2019

• That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, April 23, 2019 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

22.

Adjournment

• That the Council Meeting adjourn at 4:36 p.m.