The Kawartha Lakes Record

Regular Council Meeting

April 30, 2024

Who was there

Present (9): Ron Ashmore, Doug Elmslie, Dan Joyce, Charlie McDonald, Mike Perry, Tracy Richardson, Eric Smeaton, Pat Warren, 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 (61 motions)

49 carried, 12 recorded otherwise. Every motion below is printed as the minutes print it.

That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, April 30, 2024, be adopted as circulated and with the following amendments: Additions: Item 6.3 being a Deputation by Kent Randall regarding an Application to Amend the Town of Lindsay Zoning By-Law 2000-75 at 158 Colborne Street West, Lindsay - Francoeur, relating to Agenda Item 14.1 Item 6.4 being a Deputation by Gabriella Kalapos regarding the Energy Board Decision to Remove the Subsidy Relating to Fossil Fuel Infrastructure for New Development, relating to Agenda Item 9.3.3 Item 6.5 being a deputation by David Rapaport regarding the Natural Gas Expansion in Bobcaygeon, relating to Agenda item 9.3.2 Item 9.1.2 being correspondence from Nadine Heaslip regarding Short Term Rental Properties, relating to Agenda Item 9.3.12 Item 9.1.3 being correspondence from Jennifer Hurd and Rebecca Schillemat, of the Peterborough and the Kawarthas Home Builders Association, regarding the Ontario Energy Board Decision to Remove Subsidy relating to Fossil Fuel Infrastructure for New Development, relating to Agenda item 9.3.2 Item 18.1 being a By-Law to Amend By-Law 2022-184, being a By-Law to Appoint a Committee of Adjustment for the City of Kawartha Lakes
Moved by Councillor Smeaton, seconded by Councillor Richardson
Carried
That the Minutes of the Regular Council Meeting of March 19, 2024 and of the Special Council Meeting of April 4, 2024, be received and adopted.
Moved by Councillor Richardson, seconded by Councillor Smeaton
Carried
McDonald That the deputation of Bob Stewart and Paul McPherson, regarding an Application to amend the Town of Lindsay Zoning By-Law 2000-75 at 158 Colborne Street West, Lindsay - Francoeur , be received.
Moved by Councillor Smeaton
Carried
That the deputation of Lalitha Poonasamy, regarding the Proposed Heritage Designation of 49 King Street, Bobcaygeon (the Bobcaygeon Schoolhouse) , be received.
Moved by Councillor Warren, seconded by Councillor Perry
Carried
That the deputation of Kent Randall, of EcoVue Consulting, regarding an Application to Amend the Town of Lindsay Zoning By-Law 2000-75 at 158 Colborne Street West, Lindsay - Francoeur , be received.
Moved by Councillor Richardson, seconded by Councillor Joyce
Carried
That the deputation of Gabriella Kalapos, regarding the Ontario Energy Board Decision to Remove the Subsidy Relating to Fossil Fuel Infrastructure for New Development , be received.
Moved by Councillor Warren, seconded by Councillor Perry
Carried
That the deputation of David Rapaport, regarding the Natural Gas Expansion in Bobcaygeon , be received.
Moved by Councillor Joyce, seconded by Councillor Warren
Carried
That the presentation by Janice Balfour, Executive Director, Big Brothers Big Sisters of Kawartha Lakes, regarding an Overview of Big Brothers Big Sisters Kawartha Lakes , be received.
Moved by Councillor Joyce, seconded by Councillor Richardson
Carried
That the presentation by Janine Mitchell, Human Services Manager, regarding Social Services - Ontario Works Caseload Demographics , be received.
Moved by Councillor Perry, seconded by Councillor Yeo
Carried
That Report HS2014-004, Social Services Service Plan 2024 - 2028 , be received.
Moved by Councillor Richardson, seconded by Councillor Perry
Carried
That the correspondence from Johanna Shapira, of Wood Bull LLP, regarding the Proposed Heritage Designation of 49 King Street, Bobcaygeon (Bobcaygeon Schoolhouse) , be received.
Moved by Councillor Warren, seconded by Councillor Smeaton
Carried
That the correspondence from Nadine Heaslip, regarding Short Term Rental Properties , be received.
Moved by Councillor Ashmore, seconded by Councillor Richardson
Carried
That the correspondence from Jennifer Hurd and Rebecca Schillemat, of the Peterborough and the Kawarthas Home Builders Association, regarding the Ontario Energy Board Decision to Remove the Subsidy relating to Fossil Fuel Infrastructure for New Development , be received.
Moved by Councillor Warren, seconded by Councillor Ashmore
Carried
McDonald That the Minutes of the April 9, 2024 Committee of the Whole Meeting be received and the recommendations, included in Section 9.3 of the Agenda, save and except for Items 9.3.5, 9.3.7, 9.3.8, 9.3.9, 9.3.11, 9.3.24, 9.3.26, 9.3.27, 9.3.28 and 9.3.29, be adopted. 9.3 Business Arising from Committee of the Whole Minutes 9.3.1 CW2024-081 CR2024-174 That the presentation by Councillor Warren, regarding the 2023 Bee Hero Awards , be received.
Moved by Councillor Richardson
Carried
That the deputation of Brian Reel, regarding a Request for a License Agreement for a Parking Encroachment on the City-Owned Road Allowance Known as Snug Harbour Road , be received; and That Staff be directed to negotiate a License Agreement for a parking encroachment on the City-Owned Road Allowance Known as Snug Harbour Road.
Moved by Councillor Ashmore, seconded by Councillor Yeo
Lost
McDonald That the deputation of Brian Reel, regarding a Request for a License Agreement for a Parking Encroachment on the City-Owned Road Allowance Known as Snug Harbour Road , be received; and That the Request be
Moved by Councillor Ashmore
Referred
That the deputation of Lynn Craig, regarding the Low Income Senior Tax Rebate , be received.
Moved by Councillor Ashmore, seconded by Councillor Richardson
Carried
That the correspondence from Randy Burke, regarding the Short Term Rental Licensing Program , be received; and That Staff be directed to provide a written response to the correspondence.
Moved by Councillor Ashmore, seconded by Councillor Richardson
Carried
That the presentation by Chris Handley and Chris Appleton, regarding the Fenelon Falls Powerlinks Committee Update , be received; and That Staff be directed to provide a letter of support to the Fenelon Falls Powerlinks Committee for the pedestrian bridge proposal in Fenelon Falls, as outlined within the Fenelon Falls Powerlinks Committee Update Presentation.
Moved by Councillor Perry, seconded by Councillor Warren
Carried
That the presentation by Aden Addison and Evelyn Pascoe, of I.E. Weldon Secondary School, regarding Concerns Relating to Climate Change and an Expression of Support for the Healthy Environment Plan , be received.
Moved by Councillor Warren, seconded by Councillor Perry
Carried
That the City of Kawartha Lakes ask Enbridge Gas and the Ontario Energy Board to put the methane gas pipeline project on hold to allow for discussions with the Ontario Government and for more analysis regarding the true cost of heating for the Bobcaygeon area.
Moved by Councillor Warren, seconded by Councillor Perry
Lost
In favour (2): Councillor Perry, Councillor Warren · Opposed (7): Mayor Elmslie, Deputy Mayor McDonald, Councillor Ashmore, Councillor Joyce, Councillor Richardson, Councillor Smeaton, Councillor Yeo
That Report PR2024-005, Omemee Splash Pad Feasibility Review, be received; and That Staff, in coordination with the consultant, be directed to host a public meeting in the Village of Omemee prior to June 1, 2024 for additional public consultation on the Omemee Splash Pad Feasibility Review.
Moved by Councillor Ashmore, seconded by Councillor Yeo
Carried
That Report CEM2024-002, Fenelon Falls Cemetery Board , be received; and That the Fenelon Falls Cemetery Board remain as an Advisory Committee of Council.
Moved by Councillor Perry, seconded by Councillor Warren
Carried
That Report ED2024-015, Proposed Heritage Designation of 49 King Street East, Village of Bobcaygeon (Bobcaygeon Schoolhouse) , be received; and That the proposed heritage designation be
Moved by Councillor Warren, seconded by Councillor Perry
Referred
That Report RD2024-004, Access to PLAN 105 PT BLK R RP 57R2151 - PART 1 Stata , be received; and That Staff proceed with Alternative Access 1, as outlined within Report RD2024-004.
Moved by Councillor Richardson, seconded by Councillor Smeaton
Lost
That Report RD2024-004, Access to Plan 105 PT BLK R RP 57R2151 - PART 1 Stata , be received; and That Staff be directed to work with the property owner to develop an access off of The Avenue.
Moved by Councillor Warren, seconded by Councillor Yeo
Carried
McDonald That the Minutes of the Planning Advisory Committee Meeting of April 10, 2024 and of the Special Planning Advisory Committee Meeting of April 10, 2024, be received and the recommendations, included in Section 10.3 of the Agenda, be save and except for item 10.3.7, be adopted.
Moved by Councillor Yeo
Carried
That Report PLAN2024-025, Proposed Rural Zoning By-law , be received; That the Proposed Rural Zoning By-law, substantially in the form attached as Appendix F to Report PLAN2024-025 be approved for adoption by Council at the May 21, 2024 Regular Council Meeting; and That the Mayor and Clerk be authorized to execute the documents required by the approval of this By-law.
Moved by Councillor Richardson, seconded by Councillor Yeo
Carried
That application D06-2022-021, being Application to Amend the Town of Lindsay Zoning By-law 2000-75 at 158 Colborne Street West, Lindsay - Francoeur , be forwarded to Council for consideration; and That Council be notified that the Planning Advisory Committee does not support the staff recommendation as printed on report PLAN2024-019.
Moved by Councillor Richardson, seconded by Councillor Yeo
Carried
That Report PLAN2024-019, Part Lot 22, Concession 4, Former Town of Lindsay , City of Kawartha Lakes, identified as 158 Colborne Street West, Michel Francoeur and Jean-Guy Francoeur – D06-2022-021 , be received; That the application be
Moved by Councillor Smeaton, seconded by Councillor Warren
Referred
That all of the proposed resolutions shown in Section 11.1 of the Agenda, save and except for Items 11.1.3 and 11.1.4, be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered.
Moved by Councillor Perry, seconded by Councillor Yeo
Carried
That Report CORP2024-006 High Water Bill Relief – 5 Princes’ St E, Fenelon Falls , be received; and That Council approves providing relief in the amount of $4,745.00 as a one-time exemption for the property owners.
Moved by Councillor Perry, seconded by Councillor Warren
Carried
That Report 2024-011, 2023 Surplus Disposition , be received; That Council approve the creation of a new reserve titled Environmental Disaster Recovery Reserve; That Council approve the creation of a new reserve titled Primary Care Recruitment and Retention Reserve; That Council approve the creation of a new reserve titled Water and Sewer User Rate Stabilization Reserve; and That Council authorize the transfer of the 2023 Surplus of $3,204,262.62 as follows: $150,000.00 donation to Kawartha Art Gallery $28,000.00 donation to Contingency Reserve – held for Community Foundation funding decision scheduled for June 2024 $100,000.00 donation to Kawartha Lakes Healthcare Initiative (KLHCI) $100,000.00 be transferred to Environment Disaster Recovery Reserve $1,100,000.00 be transferred to Asset Management Reserve committed to Victoria Manor lifecycle extension capital improvements $500,000.00 to Primary Care Recruitment and Retention Reserve $1,226.262.62 be transferred to General Tax Stabilization Reserve That Council approve the reclassification of the following reserves: 911 Atlas Reserves (1.32075) of $16,134.50 be transferred to General Contingency Reserve – committed to Planning (1.32090), and; Somerville Heritage Reserve (1.24065) of $8,539.63 be transferred to City Heritage Reserve committed to Somerville Heritage (1.32275); and, Economic Development Reserve (1.32080) of $576,743.34 be transferred to Tax Stabilization Reserve, committed for Economic Development (1.32285) and
Moved by Councillor Ashmore, seconded by Councillor Richardson
Deferred
That the petition received from Edward Lewis, regarding a Request for a Speed Limit Reduction on Hayes Line from Ski Hill Road to County Road 10, former Township of Emily , be received.
Moved by Councillor Richardson, seconded by Councillor Smeaton
Carried
That the Memorandum from Mayor Elmslie , regarding the City of Kawartha Lakes O.P.P. Detachment Board Transition , be received; That the By-Law to Establish the City of Kawartha Lakes O.P.P. Detachment Board, as attached as Appendix A to this Memorandum, be brought forward to Council for approval; That the City of Kawartha Lakes Community Policing Advisory Committee (CPAC) be dissolved; That Councillor Ashmore, Councillor Richardson and Councillor Warren be appointed to the City of Kawartha Lakes O.P.P. Detachment Board, for the balance of the current term of Council; That Staff be directed to initiate the process to recruit for one public member for appointment to the City of Kawartha Lakes O.P.P. Detachment Board, for the balance of the current term of Council; That the Mayor and Clerk be authorized to execute the Agreement attached as Appendix B to this Memorandum, regarding Assumption of Policing Responsibility by the Commissioner for the Provisions of Services; That Staff be directed to schedule the first meeting of the City of Kawartha Lakes O.P.P. Detachment Board; That Staff be directed to provide draft Terms of Reference for the City of Kawartha Lakes O.P.P. Detachment Board to the Board at their first Board Meeting for consideration; and That Staff be directed to report back to Council with the final version of the Terms of Reference for the City of Kawartha Lakes O.P.P. Detachment Board.
Moved by Councillor Richardson, seconded by Councillor Warren
Carried
That the By-Laws shown in Section 14.1 of the Agenda, namely: Items 14.1.1 to and including 14.1.27, save and except for Item 14.1.11, be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Joyce, seconded by Councillor Warren
Carried
McDonald That the By-Law to Amend By-Law 2023-179, being a By-Law to Regulate Parking in the City of Kawartha Lakes, be
Moved by Councillor Smeaton
Referred
That a by-law to provide for minor improvement on drainage works in the City of Kawartha Lakes, known as the Short and 2A Drain, be read a first and second time, provisionally adopted, and numbered.
Moved by Councillor Yeo, seconded by Councillor Warren
Carried
That the Closed Session agenda be adopted as circulated (and with the following amendments:)
Moved by Councillor Yeo, seconded by Councillor Warren
Carried
That Council convene into closed session at 5:18 p.m. pursuant to Section 239(2) of the Municipal Act, S.O. 2001 s.25, in order to consider matters identified in Section 16.3.1 of the Regular Council Meeting Agenda of Tuesday, April 30, 2024, namely Items 16.3.1 to and including 16.3.12.
Moved by Councillor Ashmore, seconded by Councillor Perry
Carried
McDonald That the following member of the public be appointed to the Committee of Adjustment: Eric Finn for a term ending December 31, 2026.
Moved by Councillor Richardson
Carried
That the Terms of Reference for the City of Kawartha Lakes Environmental Advisory Committee be amended to permit a non-voting Youth Advisor role, as a pilot project ending December 31, 2024; That the age requirement within Section 1.1 (iii) of Policy CP2021-031, being the Council Committee, Board and Task Force Policy, be waived to permit the Youth Advisor on the City of Kawartha Lakes Environmental Advisory Committee; That a Youth Advisor be appointed to the City of Kawartha Lakes Environmental Advisory Committee for a term ending December 31, 2024; That Staff report back to Council with an overview of the Student Advisory Pilot Project for the City of Kawartha Lakes Environmental Advisory Committee by the end of Q4, 2024; That Ola Pasternak be appointed to the City of Kawartha Lakes Environmental Advisory Committee as the representative from the Kawartha Region Conservation Authority, with a term ending December 31, 2026; and That Josh Feltham be appointed to the City of Kawartha Lakes Environmental Advisory Committee as the representative from Fleming College, with a term ending December 31, 2026.
Moved by Councillor Warren, seconded by Councillor Perry
Carried
That City Council is not willing to accept the parkland dedication proposed by King’s Bay Golf Club Limited in respect of the proposed development at 27 Stub Road; Council will require a payment of cash-in-lieu of parkland as a condition of any draft approval granted to the proposed development.
Moved by Councillor Richardson, seconded by Councillor Smeaton
Carried
McDonald That Miller Waste Systems be selected for the award of a Single Source contract for the processing and disposal of Source Separated Organics per 2023-99-RFI “Implementation of a Source Organics Program Part 2” for five (5) years; That an additional five (5) year term renewal be awarded subject to satisfactory performance, annual City of Kawartha Lakes Council budget approvals, mutual agreement and the same terms and conditions of the original contract will apply except for the unit pricing.; and That subject to receipt of the required documents, the Director of Public Works be authorized to execute the agreement to award this Single Source.
Moved by Councillor Warren
Carried
That Staff be authorized to negotiate with the Victoria Vacant Land Condominium Corporation and CCCC Balsam Ltd., to establish the future ownership, operation and cost allocation of the water and wastewater systems; and That Staff be directed to commence billing for utility as of January 1, 2024 and continue billing pending outcome of the above noted negotiations.
Moved by Councillor Smeaton, seconded by Councillor Ashmore
Carried
That a By-Law to Amend By-Law 2022-184, being a By-Law to Appoint a Committee of Adjustment for the City of Kawartha Lakes be read first and second time.
Moved by Councillor Yeo, seconded by Councillor Richardson
Carried
That a By-Law to Amend By-Law 2022-184, being a By-Law to Appoint a Committee of Adjustment for the City of Kawartha Lakes, as amended, be read a third and final time, passed, number, signed and the corporate seal attached.
Moved by Councillor Richardson
Carried
That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, April 30, 2024 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Ashmore, seconded by Councillor Smeaton
Carried
That the Council Meeting adjourn at 6:52 p.m.
Moved by Councillor Yeo, seconded by Councillor Smeaton
Carried
That the deputation of Bob Stewart and Paul McPherson, regarding an Application to amend the Town of Lindsay Zoning By-Law 2000-75 at 158 Colborne Street West, Lindsay - Francoeur, be received.
Moved by Councillor Smeaton, seconded by Deputy Mayor McDonald
Carried
That the Minutes of the April 9, 2024 Committee of the Whole Meeting be received and the recommendations, included in Section 9.3 of the Agenda, save and except for Items 9.3.5, 9.3.7, 9.3.8, 9.3.9, 9.3.11, 9.3.24, 9.3.26, 9.3.27, 9.3.28 and 9.3.29, be adopted. 9.3 Business Arising from Committee of the Whole Minutes 9.3.1 CW2024-081 CR2024-174 That the presentation by Councillor Warren, regarding the 2023 Bee Hero Awards, be received.
Moved by Councillor Richardson, seconded by Deputy Mayor McDonald
Carried
Regular Council Meeting April 30 2024 Page 21 of 47 That the deputation of Brian Reel, regarding a Request for a License Agreement for a Parking Encroachment on the City-Owned Road Allowance Known as Snug Harbour Road, be received; and That the Request be
Moved by Councillor Ashmore, seconded by Deputy Mayor McDonald
Referred
That Report ML2024-003, Downtown Parking Strategy Report, be received.
Moved by Deputy Mayor McDonald, seconded by Councillor Smeaton
Carried
That the Minutes of the Planning Advisory Committee Meeting of April 10, 2024 and of the Special Planning Advisory Committee Meeting of April 10, 2024, be received and the recommendations, included in Section 10.3 of the Agenda, be save and except for item 10.3.7, be adopted. Regular Council Meeting April 30 2024 Page 25 of 47
Moved by Councillor Yeo, seconded by Deputy Mayor McDonald
Carried
That Report 2024-011, 2023 Surplus Disposition, be received; That Council approve the creation of a new reserve titled Environmental Disaster Recovery Reserve; That Council approve the creation of a new reserve titled Primary Care Recruitment and Retention Reserve; That Council approve the creation of a new reserve titled Water and Sewer User Rate Stabilization Reserve; and That Council authorize the transfer of the 2023 Surplus of $3,204,262.62 as follows:  $150,000.00 donation to Kawartha Art Gallery Regular Council Meeting April 30 2024 Page 35 of 47  $28,000.00 donation to Contingency Reserve – held for Community Foundation funding decision scheduled for June 2024  $100,000.00 donation to Kawartha Lakes Healthcare Initiative (KLHCI)  $100,000.00 be transferred to Environment Disaster Recovery Reserve  $1,100,000.00 be transferred to Asset Management Reserve committed to Victoria Manor lifecycle extension capital improvements  $500,000.00 to Primary Care Recruitment and Retention Reserve  $1,226.262.62 be transferred to General Tax Stabilization Reserve That Council approve the reclassification of the following reserves:  911 Atlas Reserves (1.32075) of $16,134.50 be transferred to General Contingency Reserve – committed to Planning (1.32090), and;  Somerville Heritage Reserve (1.24065) of $8,539.63 be transferred to City Heritage Reserve committed to Somerville Heritage (1.32275); and,  Economic Development Reserve (1.32080) of $576,743.34 be transferred to Tax
Moved by Councillor Ashmore, seconded by Councillor Richardson
Deferred
That the petition received from Rquel Harry, regarding a Request for Area Improvements Surrounding Devan Court, Lindsay, and the Red Pines Estates Townhouses in Lindsay, be received and
Moved by Deputy Mayor McDonald, seconded by Councillor Smeaton
Referred
Regular Council Meeting April 30 2024 Page 42 of 47 That the By-Law to Amend By-Law 2023-179, being a By-Law to Regulate Parking in the City of Kawartha Lakes, be
Moved by Councillor Smeaton, seconded by Deputy Mayor McDonald
Referred
That the Closed Session agenda be adopted as circulated.
Moved by Councillor Yeo, seconded by Councillor Warren
Carried
That the following member of the public be appointed to the Committee of Adjustment: Eric Finn for a term ending December 31, 2026.
Moved by Councillor Richardson, seconded by Deputy Mayor McDonald
Carried
That Miller Waste Systems be selected for the award of a Single Source contract for the processing and disposal of Source Separated Organics per 2023-99-RFI “Implementation of a Source Organics Program Part 2” for five (5) years; That an additional five (5) year term renewal be awarded subject to satisfactory performance, annual City of Kawartha Lakes Council budget approvals, mutual agreement and the same terms and conditions of the original contract will apply except for the unit pricing.; and That subject to receipt of the required documents, the Director of Public Works be authorized to execute the agreement to award this Single Source.
Moved by Councillor Warren, seconded by Deputy Mayor McDonald
Carried
That Section 1.01 of the By-Law to Amend By-Law 2022-184 be amended to remove Alexandra Scarr from the list of members appointed to the Committee of Adjustment; and That Section 1.02 of the By-Law to Amend By-Law 2022-184 be amended to add Eric Finn to the list of members appointed to the Committee of Adjustment
Moved by Deputy Mayor McDonald, seconded by Councillor Yeo
Carried

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