The Kawartha Lakes Record

Regular Council Meeting

July 17, 2018

What was decided (44 motions)

38 carried, 6 recorded otherwise. Every motion below is printed as the minutes print it.

That the Closed Session agenda be adopted as circulated.
Moved by Councillor Strangway, seconded by Councillor James
Carried
O'Reilly That Council convene into closed session at 1:00 p.m. in order to consider matters on the Tuesday, July 17, 2018 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.
Moved by Councillor Dunn
Carried
O'Reilly That Council waive the Procedural By-law to allow two (2) additional deputations to be added to the Agenda as Items 10.6 and 10.7; Kathy Morton and Leonard Siegel.
Moved by Councillor Yeo
Carried
That Council waive the Procedural By-law to allow one (1) additional deputations to be added to the Agenda as Item 10.8; Afe Helleman.
Moved by Councillor Junkin, seconded by Councillor Stauble
Carried
That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, July 17, 2018, be adopted as circulated and with the following amendments: Additions - Deputations Items 10.3 to and including 10.8 Additions - Consent Correspondence Items 11.2.8 to and including 11.2.13 Revision/Addition - Items Extracted from Consent Report PLAN2018-056 (previously Item 11.1.12) has been moved to Items Extracted from Consent as Item 11.3.1 and Item 11.3.1.1 has been added – Accompanying Memo Re: Report PLAN2018-056 Addition - Committee of the Whole and Planning Committee Minutes Item 12.1.1 Memo – Sutcliffe OPA and ZBA (Iron Horse Ranch) Addition - By-laws by Consent Item 15.1.13
Moved by Councillor Breadner, seconded by Councillor Yeo
Carried
That Council waive the Procedural By-law to allow one (1) additional item of correspondence from Afe Helleman to be added to the Agenda as Item 11.2.14.
Moved by Councillor Stauble, seconded by Councillor Seymour-Fagan
Carried
That the Kawartha Lakes Municipal Heritage Committee Terms of Reference be amended, temporarily reducing the minimum number of public members from 7 to 6 until the next term of Council.
Moved by Councillor Macklem, seconded by Councillor Martin
Carried
That the Minutes of the June 19, 2018 Regular Council Meeting, be received and adopted.
Moved by Councillor Stauble, seconded by Councillor Pollard
Carried
That the deputation of Daniel Mellen and Candice Millroy, regarding Licensing Agreement for Boathouse at 22 Walnut Street, Fenelon Falls, ( Report RS2018-021, Items 11.1.1 and 11.2.1 on the Agenda), be received.
Moved by Councillor Elmslie, seconded by Councillor Yeo
Carried
That the deputation of Lucia DiLeo, regarding Licensing Agreement for Boathouse at 781 Kenstone Beach Road, Bobcaygeon , (Report RS2018-022, Items 11.1.2 and 11.2.2 on the Agenda), be received.
Moved by Councillor Miller, seconded by Councillor Macklem
Carried
That the deputation of John Dell, regarding Planning Advisory Committee Recommendation PAC2018-034 Applications to amend the City of Kawartha Lakes Official Plan and the Township of Manvers Zoning By-law to permit a variety of on-farm diversified uses on land identified as 804 Highway 7A (Sutcliffe) , (Items 12.1, 15.1.7 and 15.1.8 on the Agenda), be received.
Moved by Councillor Pollard, seconded by Councillor Stauble
Carried
That the deputation of Donna Querengesser, regarding Planning Advisory Committee Recommendation PAC2018-034 Applications to amend the City of Kawartha Lakes Official Plan and the Township of Manvers Zoning By-law to permit a variety of on-farm diversified uses on land identified as 804 Highway 7A (Sutcliffe) , (Items 12.1, 15.1.7 and 15.1.8 on the Agenda), be received.
Moved by Councillor Stauble, seconded by Councillor Yeo
Carried
That the deputation of Jeff Farquhar, regarding Building Permit Application 2015-1495, Lot 8, Walsh Road, Kawartha Lakes (Item 11.2.8 on the Agenda), be received.
Moved by Councillor Dunn, seconded by Councillor Breadner
Carried
That the deputation of Kathy Morton, regarding Planning Advisory Committee Recommendation PAC2018-034 Applications to amend the City of Kawartha Lakes Official Plan and the Township of Manvers Zoning By-law to permit a variety of on-farm diversified uses on land identified as 804 Highway 7A (Sutcliffe) , (Items 12.1, 15.1.7 and 15.1.8 on the Agenda), be received.
Moved by Councillor Dunn, seconded by Councillor Macklem
Carried
That the deputation of Leonard Siegel, regarding Planning Advisory Committee Recommendation PAC2018-034 Applications to amend the City of Kawartha Lakes Official Plan and the Township of Manvers Zoning By-law to permit a variety of on-farm diversified uses on land identified as 804 Highway 7A (Sutcliffe) , (Items 12.1, 15.1.7 and 15.1.8 on the Agenda), be received.
Moved by Councillor Veale, seconded by Councillor Miller
Carried
That the deputation of Afe Helleman, regarding Planning Advisory Committee Recommendation PAC2018-034 Applications to amend the City of Kawartha Lakes Official Plan and the Township of Manvers Zoning By-law to permit a variety of on-farm diversified uses on land identified as 804 Highway 7A (Sutcliffe) , (Items 12.1, 15.1.7 and 15.1.8 on the Agenda), be received.
Moved by Councillor Stauble, seconded by Councillor Elmslie
Carried
O'Reilly That all of the proposed resolutions shown in Section 11.1 and 11.2 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 11.1.1, 11.1.2, 11.1.3, 11.1.4, 11.1.6, 11.1.7, 11.1.8, 11.1.12, 11.1.17 and 11.2.8.
Moved by Councillor Dunn
Carried
That Report RS2018-020, Boathouse Encroachment – 22 Walnut St., Fenelon Falls , be received; and That staff be directed to enter into a License Agreement with the owner of 22 Walnut Street, Fenelon Falls, to allow the boathouse at the northwest corner of unopened road allowance of Walnut Street to remain its current location, as long as it is repaired in a timely manner.
Moved by Councillor Elmslie, seconded by Councillor Seymour-Fagan
Carried
That Report RS2018-022, Boathouse Encroachment – 781 Kenstone Beach Rd., Bobcaygeon , be received; and That staff be directed to enter into a License Agreement with the owner of 781 Kenstone Beach Road, Bobcaygeon, to allow the boathouse at the north side of the travelled road allowance for Kawartha Lakes Road 24 to remain in its current location, as long as it is repaired in a timely manner.
Moved by Councillor Elmslie, seconded by Councillor Strangway
Carried
That Report RS2018-023, Land Management Committee Policy CP2018-007 , be received; and That Staff draft a Management Directive for approval by the CAO with respect to the activities of the Land Management Committee, which Directive provides – at a minimum – that: The Manager of Realty Services is to circulate the Agenda for the upcoming Land Management Committee to all members of Council and the Mayor one week in advance of an upcoming meeting; Councillors will have an opportunity to submit written comment/ information to the Manager of Realty Services up to 4:30 pm on the day proceeding the Land Management Committee Meeting, which written comment/ information will be added to the Agenda for discussion. Councillors will have an opportunity to attend the meeting, to make a statement or provide information to the Committee. Councillors may attend the deliberations of the Committee. Councillors expressing interest in an item will be copied on correspondence out to the applicant(s) of that item, in which the Committee advises of the Committee’s decision and reasons therefore. This letter will advise the applicant that – if he/she is not satisfied with the decision of the Committee – he/she may make a deputation to Council.
Moved by Councillor Strangway, seconded by Councillor Elmslie
Carried
That Report CAO2018-005, Update – Review of City and Agency Boards and Committees , be received; That staff be directed to update the terms of reference for various Committees and Boards as generally outlined in Appendix A to Report CAO2018-005 in advance of the next term of Council for approval and subsequent recruitment; and That the City Clerk include regular monthly Committee of the Whole meetings in future annual meeting calendars beginning the next term of Council.
Moved by Councillor Elmslie, seconded by Councillor Seymour-Fagan
Carried
That Report CORP2018-012, 2018 Q2 Capital Close , be received; That the capital projects identified in Attachment A to Report CORP2018-012 be approved to be closed due to completion; That the balances in the table below be transferred to or from the corresponding reserves; Reserve Report Closing Balance Capital Projects Reserve $644,843.88 Public Works Fleet Reserve $14,764.64 Sewer Infrastructure Reserve $186,943.50 That $104.89 be
Moved by Councillor Elmslie, seconded by Councillor Veale
Withdrawn
That Report CORP2018-013, High Bill Adjustment 5 Sussex St N , be received; That Council not approve any financial relief of the high water bill incurred at 5 Sussex St N, Lindsay for the billing period from November 2017 to January 2018.
Moved by Councillor Junkin, seconded by Councillor Martin
Lost
That Report CORP2018-013, High Bill Adjustment 5 Sussex St N , be received; That Council approve the recommendation of the High Water Bill Appeal Committee and provide a credit of $1,293.24, plus applicable penalty, to the account at 5 Sussex St N, Lindsay as a one-time exemption to the Section 8.0 of the High Bill Adjustment Policy; and That staff review and report back to Council on the High Water Bill Adjustment Policy with consideration to removing the restriction on income producing properties.
Moved by Councillor Breadner, seconded by Councillor James
Carried
That Report CORP2018-014, High Bill Adjustment 18 Francis St Fenelon Falls , be received; That Council not approve any financial relief of the high water bill incurred at 18 Francis Street, Fenelon Falls for the billing period from January to March 2018.
Moved by Councillor Junkin, seconded by Councillor Martin
Lost
That Report CORP2018-014, High Bill Adjustment 18 Francis St Fenelon Falls , be received; and That Council approve the recommendation of the High Water Bill Appeal Committee and provide a credit of $1,298.56, plus applicable penalty, to the account at 18 Francis St Fenelon Falls as a one-time exemption to section 8.0 of the High Bill Adjustment Policy.
Moved by Councillor Elmslie, seconded by Councillor James
Carried
That Report ENG2018-013, Site Plan Agreement Securities and Fees , be received; That site plan securities for engineering related work on the private property not be required; That the Development Application Approval Process User Fee be increased to 3.7%; and That the Guide to the Site Plan Approval Process and the City’s Fees and Charges By-law be amended to reflect these changes.
Moved by Councillor Elmslie, seconded by Councillor Dunn
Carried
That the July 5, 2018 correspondence from Jeff Farquhar regarding Building Permit Application 2015-1495, Lot 8, Walsh Road, Kawartha Lakes , be received.
Moved by Councillor Breadner, seconded by Councillor James
Carried
That the correspondence from Jeff Farquhar regarding Building Permit Application 2015-1495, Lot 8, Walsh Road, Kawartha Lakes be
Moved by Councillor Elmslie, seconded by Councillor Strangway
Deferred
That Report PLAN2018-056, Request for Municipal Council Support Resolution Confirmation , be received; and That the July 17, 2018 memo from Ian Walker, Planning Officer - Large Developments, regarding Feed-In Tariff (FIT) Program – Prescribed Resolution of Support – Ground Mount Solar Project – 1674 CKL Road 36, Solar Provider Canada Origination Health LP (Kennedy) , be received.
Moved by Councillor Junkin, seconded by Councillor Elmslie
Carried
That the July 17, 2018 memo from Ian Walker, Planning Officer - Large Developments, regarding Feed-In Tariff (FIT) Program – Prescribed Resolution of Support – Ground Mount Solar Project – 1674 CKL Road 36, Solar Provider Canada Origination Health LP (Kennedy) , be received.
Moved by Councillor Junkin, seconded by Councillor Strangway
Carried
capitalized terms not defined herein have the meanings ascribed thereto in the FIT Contract, Version 3.1; And Whereas Solar Provider Canada Origination Health LP (the "Supplier") has entered into a FIT Contract to construct and operate a ground mount solar Facility (the "Project") on 1674 CKL Road 36 (the "Lands") in the City of Kawartha Lakes (the "Local Municipality") under the Province's FIT Program; And Whereas the Supplier previously requested that the Council of the Local Municipality ("Council") indicate by resolution Council's support for the construction and operation of the Project on the Lands and Council did provide such support in a prior resolution. And Whereas the Supplier has requested that the Council indicate, by a resolution dated no earlier than June 10, 2015 (the "New Resolution"), Council's continued support for the construction and operation of the Project on the Lands; And Whereas where a New Resolution is received in respect of a Project, the Supplier will be recognized as fulfilling the requirements under Section 2.4(d)(vii) of the FIT Contract, which may result in the Supplier being offered Notice to Proceed in accordance with the terms of the Supplier's FIT Contract; Now Therefore Be It Resolved That Council of the City of Kawartha Lakes supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Supplier to achieve Notice to Proceed under its FIT Contract and may not be used for the purpose
Moved by Councillor Elmslie, seconded by Councillor Strangway
Lost
That the Minutes of the July 4, 2018 Planning Advisory Committee Meeting be received and the recommendations be adopted, save and except Recommendation PAC2018-034.
Moved by Councillor Veale, seconded by Councillor Yeo
Carried
That the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.13 be read a first, second and third time, passed, numbered, signed and the corporate seal attached, save and except Item 15.1.12.
Moved by Councillor Stauble, seconded by Councillor Pollard
Carried
That a By-law to Authorize An Application for Approval to Expropriate Land be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Elmslie, seconded by Councillor Breadner
Carried
That Council convene into closed session at 5:54 p.m. in order to consider matters on the Tuesday, July 17, 2018 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.
Moved by Councillor Veale, seconded by Councillor Macklem
Carried
That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, July 17, 2018 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Elmslie, seconded by Councillor Jilesen
Carried
That Council convene into closed session at 1:00 p.m. in order to consider matters on the Tuesday, July 17, 2018 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.
Moved by Councillor Dunn, seconded by Councillor O'Reilly
Carried
That Council waive the Procedural By-law to allow two (2) additional deputations to be added to the Agenda as Items 10.6 and 10.7; Kathy Morton and Leonard Siegel.
Moved by Councillor Yeo, seconded by Councillor O'Reilly
Carried
That all of the proposed resolutions shown in Section 11.1 and 11.2 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 11.1.1, 11.1.2, 11.1.3, 11.1.4, 11.1.6, 11.1.7, 11.1.8, 11.1.12, 11.1.17 and 11.2.8.
Moved by Councillor Dunn, seconded by Councillor O'Reilly
Carried
That Report RS2018-023, Land Management Committee Policy CP2018-007, be received; and That Staff draft a Management Directive for approval by the CAO with respect to the activities of the Land Management Committee, which Directive provides – at a minimum – that: 1. The Manager of Realty Services is to circulate the Agenda for the upcoming Land Management Committee to all members of Council and the Mayor one week in advance of an upcoming meeting; 2. Councillors will have an opportunity to submit written comment/ information to the Manager of Realty Services up to 4:30 pm on the day proceeding the Land Management Committee Meeting, which written comment/ information will be added to the Agenda for discussion. 3. Councillors will have an opportunity to attend the meeting, to make a statement or provide information to the Committee. 4. Councillors may attend the deliberations of the Committee. 5. Councillors expressing interest in an item will be copied on correspondence out to the applicant(s) of that item, in which the Committee advises of the Committee’s decision and reasons therefore. This letter will advise the applicant that – if he/she is not satisfied with the decision of the Committee – he/she may make a deputation to Council.
Moved by Councillor Strangway, seconded by Councillor Elmslie
Carried
Whereas capitalized terms not defined herein have the meanings ascribed thereto in the FIT Contract, Version 3.1; And Whereas Solar Provider Canada Origination Health LP (the "Supplier") has entered into a FIT Contract to construct and operate a ground mount solar Facility (the "Project") on 1674 CKL Road 36 (the "Lands") in the City of Kawartha Lakes (the "Local Municipality") under the Province's FIT Program; And Whereas the Supplier previously requested that the Council of the Local Municipality ("Council") indicate by resolution Council's support for the construction and operation of the Project on the Lands and Council did provide such support in a prior resolution. And Whereas the Supplier has requested that the Council indicate, by a resolution dated no earlier than June 10, 2015 (the "New Resolution"), Regular Council Meeting July 17, 2018 Page 31 of 37 Council's continued support for the construction and operation of the Project on the Lands; And Whereas where a New Resolution is received in respect of a Project, the Supplier will be recognized as fulfilling the requirements under Section 2.4(d)(vii) of the FIT Contract, which may result in the Supplier being offered Notice to Proceed in accordance with the terms of the Supplier's FIT Contract; Now Therefore Be It Resolved That Council of the City of Kawartha Lakes supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Supplier to achieve Notice to Proceed
Moved by Councillor Elmslie, seconded by Councillor Strangway
Lost
Regular Council Meeting July 17, 2018 Page 32 of 37 That Report PLAN2018-057, respecting Part of Lot 13, Concession 7, Geographic Township of Manvers and identified as 804 Highway 7A, Application Nos. D01-2018-004 and D06-2018-013, be received; That a By-law to adopt Official Plan Amendment Application D01-2018-004 respecting Part Lot 13, Concession 7, Geographic Township of Manvers, now City of Kawartha Lakes, substantially in the form attached as Appendix D to Report PLAN2018-057, be approved and adopted by Council; That a Zoning By-law Amendment Application D06-2018-013 respecting Part Lot 13, Concession 7, Geographic Township of Manvers, now City of Kawartha Lakes, substantially in the form attached as Appendix E to Report PLAN2018- 057, 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 this application. Recorded
Moved by Councillor O'Reilly, seconded by Councillor James
Carried
That Staff was given direction with respect to the acquisition, and if necessary, the expropriation, of a portion of the property municipally known as 51 Needham Street, Lindsay, for the Colborne Street Pumping Station and Forcemain Construction. That Council receives and approves the making of the City's Application for Approval to Expropriate Land as at Appendix G; That Council adopt the By-law at Appendix F, authorizing the making of the Application for Approval to Expropriate; That Council authorizes Staff to take any and all necessary steps for the expropriation of the subject land; and That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision.
Moved by Councillor O'Reilly, seconded by Councillor Macklem
Carried

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