The Kawartha Lakes Record

Regular Council Meeting

June 15, 2021

Who was there

Present (4): Ron Ashmore, Doug Elmslie, Tracy Richardson, Emmett Yeo

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (47 motions)

43 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda be adopted as circulated and with the following amendments: Additions: Item 6.4 Deputation by Bob McMillan Regarding Off Road Vehicle Use of City Roads Item 6.5 Deputation by John Harper Regarding Off Road Vehicle Use of City Roads Item 6.6 Deputation by Bruce Barrett Regarding Off Road Vehicles Use of City Roads Item 7.3 Additional Correspondence Regarding Off Road Vehicle Use of City Roads submitted by: Jill Carew Judith Hayes Peter Jones Mike Ashmore Celia Hunter Jim Tuff Jim Cochrane Mark Lethbridge Bill Steffler; Richard Fedy; John Bush; Barb McPherson; Art Hornibrook and Judy Steed Heather Stauble Derek Anderson Darryl James Gord Ferguson
Moved by Councillor Dunn, seconded by Councillor Elmslie
Carried
That the Minutes of the May 18, 2021 Regular Council Meeting, be received and adopted.
Moved by Councillor Yeo, seconded by Councillor Veale
Carried
That the deputation of Ron McInnis, regarding Off Road Vehicle Use of City Roads , be received.
Moved by Councillor Elmslie, seconded by Councillor Dunn
Carried
That the deputation of Michael McGregor, regarding Off Road Vehicle Use of City Roads , be received.
Moved by Councillor Seymour-Fagan, seconded by Councillor Ashmore
Carried
That the deputation of John Harper, regarding Off Road Vehicle Use of City Roads , be received.
Moved by Councillor Dunn, seconded by Councillor Yeo
Carried
That the deputation of Bruce Barrett, regarding Off Road Vehicle Use of City Roads , be received.
Moved by Councillor Elmslie, seconded by Councillor Veale
Carried
That the correspondence from Jarrett Allan, regarding a Petition on the Legalization of Tiny Homes in the City of Kawartha Lakes , be received and
Moved by Councillor Veale, seconded by Councillor Dunn
Referred
O'Reilly That the correspondence from James Mulhern, Lindsay and District Labour Council, regarding Post Secondary Education in Canada , be received.
Moved by Councillor Elmslie
Carried
That the correspondence from Robert Jardine, Jamie Morris, Jill Carew, Judith Hayes, Peter Jones, Mike Ashmore, Celia Hunter, Jim Tuff, Jim Cochrane, Mark Lethbridge, Bill Steffler, Richard Fedy, John Bush, Barb McPherson, Art Hornibrook, Judy Steed, Heather Stauble, Derek Anderson, Darryl James and Gordon Ferguson, regarding the Use of Off Road Vehicles on City Roads , be received.
Moved by Councillor Seymour-Fagan, seconded by Councillor Yeo
Carried
That the presentation by Carolyn Daynes, Treasurer, regarding the 2020 Financial Statements for the City of Kawartha Lakes , be received.
Moved by Councillor Elmslie, seconded by Councillor Yeo
Carried
That the Minutes of the June 1, 2021 Committee of the Whole Meeting be received and the recommendations, included in Section 9.3 of the Agenda, save and except for Items 9.3.22 and 9.3.31, be adopted.
Moved by Councillor Elmslie, seconded by Councillor Richardson
Carried
That Naylor Road, from Highway 35 to the gravel section of the road, be included in the 2021 Life Cycle Management Program at a cost of $85,000.00, to be funded from the Federal Gas Tax Reserve; and That Chase Place, Ferguson Drive and Eoin Road be included in the 2021 Life Cycle Management Program at a cost of $45,000.00, to be funded from the Federal Gas Tax Reserve.
Moved by Councillor Dunn, seconded by Councillor Yeo
Carried
That the Minutes of the June 2, 2021 Planning Advisory Committee Meeting be received and the recommendations, included in Section 10.3 of the Agenda, save and except for Items 10.3.4 and 10.3.9, be adopted.
Moved by Councillor Veale, seconded by Councillor Elmslie
Carried
That Report PLAN2021-030, Validation of Title at 92 Queen Street , be received; That the validation by-law and certificate, respecting application D03-2020-037, substantially in the form attached as Appendix D to Report PLAN2021-030 be approved for adoption by Council; That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application; and That prior to the registration of the Validation By-law the following Conditions shall be fulfilled: Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped; The owners shall pay all costs associated with the preparation and registration of the required documents; Payment to the City of Kawartha Lakes of the review fee prevailing at the time the certificate is validated, for the review and clearance of these conditions. The current fee is $229.00. Payment shall be by certified cheque, money order, or from a lawyers trust account; All of these Conditions shall be fulfilled within a period of twelve months from the date of Council approval for said application, failing which the Validation By-law shall be considered null and void, and the Certificate of Validation invalid; and The owners’ solicitor shall provide a written undertaking confirming that the Validation Certificate in respect of this application shall be attached to the respective deed and registered in the proper land registry office wit
Moved by Councillor Veale, seconded by Councillor Yeo
Carried
That Site Plan Approval be included as a condition for the application to Amend the Emily Zoning By-Law 1996-30 at 314 Centreline Road - Gingrich .
Moved by Councillor Seymour-Fagan, seconded by Councillor Dunn
Lost
O'Reilly That Report PLAN2021-031, Amend the Emily Zoning By-law 1996-30 at 914 Centreline Road - Gingrich , be received; That a Zoning By-law, respecting application D06-2020-010, substantially in the form attached as Appendix D to Report PLAN2021-031 be approved for adoption by Council; and That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.
Moved by Councillor Yeo
Carried
That all of the proposed resolutions shown in Section 11.1 of the Agenda, save and except for 11.1.1, 11.1.3, 11.1.11, 11.1.16, 11.1.17 and 11.1.18, be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered.
Moved by Councillor Richardson, seconded by Councillor Veale
Carried
That Report CAO2021-006, City Service Innovations and Enhancements , be received.
Moved by Councillor Ashmore, seconded by Councillor Yeo
Carried
That Staff be directed to keep an ongoing list of proposed and in progress service enhancements and that the list be comprised of the active items, as described in Report CAO2021-006 Service Innovations and Enhancements, plus proposed items to be tracked as Service Enhancements Wish List; That Staff be directed to review the Wish List and provide recommendations to Council as part of regular quarterly reports on service performance and enhancements activities starting July, 2021; That Council and Staff may, from time to time, add service improvement ideas to the Wish List and will prioritize Wish List items for action by Staff; That all items approved for action will be given a target date for completion, which may be changed with Council approval; and That progress on active service enhancements will be report to Council on a quarterly basis.
Moved by Councillor Ashmore, seconded by Councillor Dunn
Lost
That the CAO continue to review service levels and changes with departments, and recommend service reviews, changes and efficiencies to Council in Q1, 2022.
Moved by Councillor Yeo, seconded by Councillor Elmslie
Carried
O'Reilly That Report RS2021-020, Proposed Lease Agreement between The Corporation of the City of Kawartha Lakes and Pigeon Lake Yacht Club Inc. , be received; and That the Mayor and Clerk be authorized to execute the Lease Agreement attached as Appendix C on behalf of The Corporation of the City of Kawartha Lakes, being a Lease Agreement with Pigeon Lake Yacht Club Inc. for its use of the City-owned property located at 121 Boyd Street, Bobcaygeon for the purpose of operating a yacht club.
Moved by Councillor Seymour-Fagan
Carried
That Report PLAN2021-036, Updates to the Telecommunications and Antenna System Siting Policy , be received; That the Council Policy CP2018-014 be updated, substantially in the form attached as Appendix ‘C’; That Section 4.00 of By-law 2016-009 be amended, as outlined in Appendix ‘E’ to Report PLAN2021-036; That the necessary amending By-law for By-law 2016-009 be brought forward for adoption; That Uncontested Applications are supported by Council, conditional upon the applicant entering into a Telecommunication Facility Development Agreement with the City; That the Director of Development Services be delegated authority to issue a letter of concurrence to Innovation, Science and Economic Development (ISED) Canada for Uncontested Applications; That the Delegation of Council Powers and Duties Policy Number C 149 CAO 036 be amended to include this delegation of authority; and That the Mayor and Clerk be authorized to execute any Agreements required by the concurrence of any Uncontested Applications.
Moved by Councillor Yeo, seconded by Councillor Seymour-Fagan
Carried
That Report ENG2021-014, Low Volume Gravel Roads , be received.
Moved by Councillor Richardson, seconded by Councillor Yeo
Carried
That Report ENG2021-015, Request for All-Way Stop – Sturgeon Road South and Mary Street West, Omemee, be received.
Moved by Councillor Ashmore, seconded by Councillor Yeo
Carried
That an all-way stop sign be installed at the intersection of Sturgeon Road South and Mary Street West, Omemee; and That the necessary By-Law for the above recommendation be forwarded to Council for adoption.
Moved by Councillor Ashmore, seconded by Councillor Seymour-Fagan
Carried
That the petition received from Peter Wallace, regarding the Legalization of Tiny Homes in the City of Kawartha Lakes , be received and
Moved by Councillor Seymour-Fagan, seconded by Councillor Elmslie
Referred
That the Memorandum from Director Shanks, dated June 15, 2021, regarding a request to establish a free outdoor food pantry in Kirkfield , be received; That the Placement of a Little Food Pantry on the Kirkfield Library property be endorsed; and That staff work with the Food Security Group of Kawartha Lakes to implement this project for the summer of 2021.
Moved by Councillor Yeo, seconded by Councillor Veale
Carried
That the By-Laws shown in Section 14.1 of the Agenda, namely: Items 14.1.1 to and including 14.1.24, save and except for Item 14.1.19, be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Elmslie, seconded by Councillor Dunn
Carried
That a By-Law to Appoint an Acting Fire Chief and to Create and Prescribe the Duties and Responsibilities of this Office in the City of Kawartha Lakes, be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Seymour-Fagan, seconded by Councillor Elmslie
Carried
That the Closed Session agenda be adopted as circulated.
Moved by Councillor Yeo, seconded by Councillor Elmslie
Carried
That Council convene into closed session at 4:25 p.m. pursuant to Section 239(2) of the Municipal Act, S.O. 2001 s.25, in order to consider matters identified in Section 16.3 of the Regular Council Meeting Agenda of Tuesday, June 15, 2021, namely Items 16.3.1 to and including 16.3.7.
Moved by Councillor Seymour-Fagan, seconded by Councillor Yeo
Carried
That Staff be authorized to consult with the appropriate First Nations with respect to the contents contained in the draft policies contained at Schedules A, B, C & D of Report LGL2021-008; That Staff report back to Council on the results and recommendation(s) from the consultations; and That Council, at that time, approve final City policies to outline and guide acknowledgement, consultation, partnership and education of First Nations interests in Kawartha Lakes.
Moved by Councillor Yeo, seconded by Councillor Veale
Carried
That the Council Meeting adjourn at 6:07 p.m.
Moved by Councillor Yeo, seconded by Councillor Dunn
Carried
That the agenda be adopted as circulated and with the following amendments: Additions: Item 6.4 Deputation by Bob McMillan Regarding Off Road Vehicle Use of City Roads Regular Council Meeting Minutes June 15, 2021 Page 3 of 41 Item 6.5 Deputation by John Harper Regarding Off Road Vehicle Use of City Roads Item 6.6 Deputation by Bruce Barrett Regarding Off Road Vehicles Use of City Roads Item 7.3 Additional Correspondence Regarding Off Road Vehicle Use of City Roads submitted by:  Jill Carew  Judith Hayes  Peter Jones  Mike Ashmore  Celia Hunter  Jim Tuff  Jim Cochrane  Mark Lethbridge  Bill Steffler; Richard Fedy; John Bush; Barb McPherson; Art Hornibrook and Judy Steed  Heather Stauble  Derek Anderson  Darryl James  Gord Ferguson
Moved by Councillor Dunn, seconded by Councillor Elmslie
Carried
That the deputation of Glenda Morris, regarding Off Road Vehicle Use of City Roads, be received.
Moved by Deputy Mayor O'Reilly, seconded by Councillor Richardson
Carried
That the deputation of Bob McMillan, regarding Off Road Vehicle Use of City Roads, be received.
Moved by Deputy Mayor O'Reilly, seconded by Councillor Richardson
Carried
That the correspondence from James Mulhern, Lindsay and District Labour Council, regarding Post Secondary Education in Canada, be received.
Moved by Councillor Elmslie, seconded by Deputy Mayor O'Reilly
Carried
That the proposed route for the Off Road Vehicle Pilot Project to provide access through Lindsay for all terrain vehicles, being the Victoria Rail Trail (VRT) trailhead at Logie Street to King Street, King Street to Lindsay Street, Lindsay Street to Wellington Street, Wellington Street to Victoria Avenue, Victoria Avenue to Elgin Street, Elgin Street to Angeline Street, Angeline Street to Thunderbridge Road, Thunderbridge Road to the VRT trailhead, be advertised for three (3) weeks with a link to the City's Jump In Page; and That a report be brought back to Council at the Committee of the Whole Meeting in September.
Moved by Deputy Mayor O'Reilly, seconded by Councillor Elmslie
Carried
In favour (5): Mayor Letham, Deputy Mayor O'Reilly, Councillor Elmslie, Councillor Veale, Councillor Yeo · Opposed (4): Councillor Ashmore, Councillor Dunn, Councillor Richardson, Councillor Seymour-Fagan
That Report PLAN2021-030, Validation of Title at 92 Queen Street, be received; That the validation by-law and certificate, respecting application D03-2020-037, substantially in the form attached as Appendix D to Report PLAN2021-030 be approved for adoption by Council; That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application; and That prior to the registration of the Validation By-law the following Conditions shall be fulfilled: 1. Submit to the Secretary-Treasurer payment of all past due taxes and charges added to the tax roll, if any, at such time as the deeds are stamped; Regular Council Meeting Minutes June 15, 2021 Page 21 of 41 2. The owners shall pay all costs associated with the preparation and registration of the required documents; 3. Payment to the City of Kawartha Lakes of the review fee prevailing at the time the certificate is validated, for the review and clearance of these conditions. The current fee is $229.00. Payment shall be by certified cheque, money order, or from a lawyers trust account; 4. All of these Conditions shall be fulfilled within a period of twelve months from the date of Council approval for said application, failing which the Validation By-law shall be considered null and void, and the Certificate of Validation invalid; and 5. The owners’ solicitor shall provide a written undertaking confirming that the Validation Certificate in respect of this application shall be attached to
Moved by Councillor Veale, seconded by Councillor Yeo
Carried
That Report PLAN2021-031, Amend the Emily Zoning By-law 1996-30 at 914 Centreline Road - Gingrich, be received; That a Zoning By-law, respecting application D06-2020-010, substantially in the form attached as Appendix D to Report PLAN2021-031 be approved for adoption by Council; and Regular Council Meeting Minutes June 15, 2021 Page 22 of 41 That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.
Moved by Councillor Yeo, seconded by Deputy Mayor O’Reilly
Carried
Regular Council Meeting Minutes June 15, 2021 Page 31 of 41 That the CAO continue to review service levels and changes with departments, and recommend service reviews, changes and efficiencies to Council in Q1, 2022.
Moved by Councillor Yeo, seconded by Councillor Elmslie
Carried
That Report RS2021-020, Proposed Lease Agreement between The Corporation of the City of Kawartha Lakes and Pigeon Lake Yacht Club Inc., be received; and That the Mayor and Clerk be authorized to execute the Lease Agreement attached as Appendix C on behalf of The Corporation of the City of Kawartha Lakes, being a Lease Agreement with Pigeon Lake Yacht Club Inc. for its use of the City-owned property located at 121 Boyd Street, Bobcaygeon for the purpose of operating a yacht club.
Moved by Councillor Seymour-Fagan, seconded by Deputy Mayor O'Reilly
Carried
That Report PLAN2021-036, Updates to the Telecommunications and Antenna System Siting Policy, be received; That the Council Policy CP2018-014 be updated, substantially in the form attached as Appendix ‘C’; That Section 4.00 of By-law 2016-009 be amended, as outlined in Appendix ‘E’ to Report PLAN2021-036; Regular Council Meeting Minutes June 15, 2021 Page 32 of 41 That the necessary amending By-law for By-law 2016-009 be brought forward for adoption; That Uncontested Applications are supported by Council, conditional upon the applicant entering into a Telecommunication Facility Development Agreement with the City; That the Director of Development Services be delegated authority to issue a letter of concurrence to Innovation, Science and Economic Development (ISED) Canada for Uncontested Applications; That the Delegation of Council Powers and Duties Policy Number C 149 CAO 036 be amended to include this delegation of authority; and That the Mayor and Clerk be authorized to execute any Agreements required by the concurrence of any Uncontested Applications.
Moved by Councillor Yeo, seconded by Councillor Seymour-Fagan
Carried
That Report ENG2021-013, Request for Sidewalk on Commerce Road, Lindsay, be received; and That staff be directed to proceed with Option 2 as outlined in Report ENG2021- 013 (Extension of Existing Sidewalk on Commerce Road to Commerce Place).
Moved by Deputy Mayor O'Reilly, seconded by Councillor Dunn
Carried
That the extension of existing the existing sidewalk on Commerce Road to Commerce Place be included as a decision unit for the 2022 Capital Budget.
Moved by Deputy Mayor O'Reilly, seconded by Councillor Dunn
Carried
That the By-Laws shown in Section 14.1 of the Agenda, namely: Items 14.1.1 to and including 14.1.24, save and except for Item 14.1.19, be read a first, second and third time, passed, numbered, signed and the corporate seal attached. Regular Council Meeting Minutes June 15, 2021 Page 35 of 41
Moved by Councillor Elmslie, seconded by Councillor Dunn
Carried
That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, June 15, 2021 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Deputy Mayor O'Reilly, seconded by Councillor Ashmore
Carried

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