The Kawartha Lakes Record

Regular Council Meeting

March 21, 2023

Who was there

Present (8): Ron Ashmore, Doug Elmslie, Dan Joyce, Charlie McDonald, Mike Perry, Tracy Richardson, Eric Smeaton, Emmett Yeo

Absent (1): Pat Warren

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

Declared interests

Councillor Yeorelating to Item 9.3.14 on the Agenda as he is related to a purchaser of the property

What was decided (26 motions)

26 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the February 14, 2023 Special Council Meeting, the February 21, 2023 Regular Council Meeting and the February 28, 2023 Regular Council Meeting, be received and adopted.
Moved by Councillor Perry, seconded by Councillor Yeo
Carried
That the deputation of Ian Forster and Jennifer Wilson, of the Coboconk, Norland and Area Chamber of Commerce, regarding and update on The Summit Wellness Centre, Coboconk , be received.
Moved by Councillor Yeo, seconded by Deputy Mayor Richardson
Carried
McDonald That the deputation of Tom de Boer, of TD Consulting Inc., regarding a Condominium Exemption Application by Aspire Sturgeon Developments Inc. , be received.
Moved by Councillor Yeo
Carried
That the deputation of Kelly Shelswell, regarding the Proposed Surplus Declaration, Closure and Sale of a Portion of Road Allowance between 447 and 451 Cambray Road , be received.
Moved by Councillor Perry, seconded by Councillor Smeaton
Carried
That the correspondence from the Trent Conservation Coalition Source Protection Committee, regarding Municipal Representation on the Trent Conservation Coalition Source Protection Committee – Selection of Candidates , be received; and That Township of Highlands East Deputy Mayor Cecil Ryall be endorsed as the Kawartha-Haliburton municipal representative on the Trent Conservation Coalition Source Protection Committee.
Moved by Deputy Mayor Richardson, seconded by Councillor Yeo
Carried
That the correspondence from the Trent Conservation Coalition Source Protection Committee, regarding Municipal Representation on the Trent Conservation Coalition Source Protection Committee – Vacancy , be received; and That Paul Pentikainen, Policy Supervisor, be nominated as the Municipal Representative on the Trent Conservation Coalition Source Protection Committee for the City of Kawartha Lakes.
Moved by Councillor Smeaton, seconded by Deputy Mayor Richardson
Carried
That the Minutes of the March 7, 2023 Committee of the Whole Meeting be received and the recommendations, included in Section 9.3 of the Agenda save and except for Items 9.3.14 and 9.3.16, be adopted.
Moved by Councillor Ashmore, seconded by Councillor Joyce
Carried
That Report RS2023-023, Proposed Surplus Declaration, Closure, and Sale of Portions of Road Allowance adjacent to 21 Blue Bay Lane, 31 Blue Bay Lane, and 79 Rainbow Road, Fenelon Falls , be received; That , notwithstanding Section 8.01 of By-Law 2018-020, as amended, the subject property, being a portion of road allowance adjacent to 21 Blue Bay Lane, 31 Blue Bay Lane, and 79 Rainbow Road, Fenelon Falls and legally described as Part of Lot 26, Concession 8, being Part 2 on Plan 57R-9936 (PIN: 63159-0445 (LT)) and Road Allowance between Concession 7 and Concession 8 between Cameron Lake and Highway 598 Except Part 6 on Plan 57R9936 (PIN: 63159-0449 (LT)), in the Geographic Township of Fenelon, City of Kawartha Lakes, be declared surplus to municipal needs; That the sale of the portion of road allowance to the adjoining landowners 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 (including a condition that the subject portion of road allowance merge with each purchaser’s adjacent property on closing); That , if one of the adjacent landowners decides to no longer proceed with the sale, that portion of the road allowance be sold to the remaining purchasers, if appropriate (otherwise, to be retained by the City); That Council set the value of the land at the higher of the appraised value or the minimum set price of $15.00 p
Moved by Councillor Joyce, seconded by Councillor Perry
Carried
McDonald That Report HS2023-003, Affordable Housing Target Program , be received; That subject to the necessary by-law and Municipal Housing Facilities Agreement with Muskoka D & M Corporation (MDM) for 73-83 William Street North, Lindsay, being forwarded to Council for approval, and the successful completion of such planning and development processes as may be required, the recommended application received through Intake CKL2022-001 of the Affordable Housing Target Program, providing a total of 37 affordable rental units in the City of Kawartha Lakes, as described in Report HS2023-003, be supported; That the municipal incentives identified in Table 1 of Report HS2023-003 be approved; That the waiver of development charges in the amount of $591,410.00 be recovered through financing from the uncommitted portion of the General Contingency Reserve (1.32090); and That the Director of Human Services and the Human Services Manager, Housing be authorized to execute necessary agreements to provide the incentives to this project.
Moved by Councillor Smeaton
Carried
That the Minutes of the March 8, 2023 Planning Advisory Committee Meeting be received and the recommendations, included in Section 10.3 of the Agenda, be adopted.
Moved by Deputy Mayor Richardson, seconded by Councillor Ashmore
Carried
That all of the proposed resolutions shown in Section 11.1 of the Agenda, save and except for Items 11.1.3, 11.1.8 and 11.1.10, be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered, save and except for Items:
Moved by Councillor Joyce, seconded by Councillor Perry
Carried
That Report PUR2023-006, Construction of the Bobcaygeon Library – Request for Additional Funding , be received; That an additional expenditure in the amount of $86,736.00 be funded from the uncommitted portion of the Capital Contingency Reserve (account 1.32248); and That Community Services be authorized to issue the change orders to the purchase orders to add the additional funding.
Moved by Councillor Ashmore, seconded by Councillor Perry
Carried
That Report ED2023-020, Skills Development Fund 3 Projects , be received; That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with the Province of Ontario relating to the Skills Development Fund 3 project titled Kawartha Lakes Skilled Employee Advanced Training Program (SEAT); That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with the Province of Ontario and Sir Sandford Fleming College relating to the Skills Development Fund 3 project titled Skills Training for the Horticultural and Wildlife Management sectors; That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with the Province of Ontario, Trent University, Peterborough and the Kawarthas Economic Development, and Workforce Development Board relating to the Skills Development Fund 3 project titled Community-Campus Engagement for Rural Degree Holders in Peterborough and City of Kawartha Lakes; and That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with be authorized to execute the Memorandum of Understanding between the
Moved by Councillor Joyce, seconded by Councillor Perry
Carried
That Report ENG2023-006, Desroches Municipal Drain – Consideration of Engineer’s Report , be received; and That Council adopt the Desroches Municipal Drain Engineer's Report (as prepared by M. Gerrits P. Eng) and proceed with first and second reading of a by-law to provide drainage works in the City of Kawartha Lakes known as the Desroches Municipal Drain; and That Council instructs staff to make the necessary arrangements for a Court of Revision to be held on the Engineer's Report for the Desroches Municipal Drain.
Moved by Councillor Joyce, seconded by Councillor Yeo
Carried
That the By-Laws shown in Section 14.1 of the Agenda, namely: Items 14.1.1 to and including 14.1.17 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Perry, seconded by Councillor Yeo
Carried
McDonald That the Closed Session agenda be adopted as circulated.
Moved by Councillor Joyce
Carried
That Council convene into closed session at 1:59 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 of the Regular Council Meeting Agenda of Tuesday, March 21, 2023, namely Items 16.3.1 to and including 16.3.6.
Moved by Deputy Mayor Richardson, seconded by Councillor Ashmore
Carried
McDonald That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, March 21, 2023 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Deputy Mayor Richardson
Carried
That the Council Meeting adjourn at 4:21 p.m.
Moved by Councillor Yeo, seconded by Councillor Joyce
Carried
That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, March 21, 2023, be adopted as circulated and with the following amendments: Additions: Item 6.4, being a deputation by Kelly Shelswell regarding the Proposed Surplus Declaration, Closure and Sale of a Portion of Road Allowance between 447 and 451 Cambray Road Item 7.2, being correspondence regarding Municipal Representation on the Trent Conservation Coalition Source Protection Committee - Vacancy Regular Council Meeting March 21, 2023 Page 3 of 36 Deletion: Item 6.3, being a deputation by Shawn Wray regarding a License Agreement with the Hickory Beach Dock Owner's Association
Moved by Councillor McDonald, seconded by Deputy Mayor Richardson
Carried
That the deputation of Tom de Boer, of TD Consulting Inc., regarding a Condominium Exemption Application by Aspire Sturgeon Developments Inc., be received.
Moved by Councillor Yeo, seconded by Councillor McDonald
Carried
That Report RS2023-023, Proposed Surplus Declaration, Closure, and Sale of Portions of Road Allowance adjacent to 21 Blue Bay Lane, 31 Blue Bay Lane, and 79 Rainbow Road, Fenelon Falls, be received; That, notwithstanding Section 8.01 of By-Law 2018-020, as amended, the subject property, being a portion of road allowance adjacent to 21 Blue Bay Lane, 31 Blue Bay Lane, and 79 Rainbow Road, Fenelon Falls and legally described as Part of Lot 26, Concession 8, being Part 2 on Plan 57R-9936 (PIN: 63159-0445 (LT)) and Road Allowance between Concession 7 and Concession 8 between Cameron Lake and Highway 598 Except Part 6 on Plan 57R9936 (PIN: 63159-0449 (LT)), in the Geographic Township of Fenelon, City of Kawartha Lakes, be declared surplus to municipal needs; That the sale of the portion of road allowance to the adjoining landowners 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 (including a condition that the subject portion of road allowance merge with each purchaser’s adjacent property on closing); That, if one of the adjacent landowners decides to no longer proceed with the sale, that portion of the road allowance be sold to the remaining purchasers, if appropriate (otherwise, to be retained by the City); That Council set the value of the land at the higher of the appraised value or the minimum set price of $15.00 per
Moved by Councillor Joyce, seconded by Councillor Perry
Carried
That Report HS2023-003, Affordable Housing Target Program, be received; That subject to the necessary by-law and Municipal Housing Facilities Agreement with Muskoka D & M Corporation (MDM) for 73-83 William Street North, Lindsay, being forwarded to Council for approval, and the successful completion of such planning and development processes as may be required, the recommended application received through Intake CKL2022-001 of the Affordable Housing Target Program, providing a total of 37 affordable rental units in the City of Kawartha Lakes, as described in Report HS2023-003, be supported; That the municipal incentives identified in Table 1 of Report HS2023-003 be approved; That the waiver of development charges in the amount of $591,410.00 be recovered through financing from the uncommitted portion of the General Contingency Reserve (1.32090); and That the Director of Human Services and the Human Services Manager, Housing be authorized to execute necessary agreements to provide the incentives to this project.
Moved by Councillor Smeaton, seconded by Councillor McDonald
Carried
Regular Council Meeting March 21, 2023 Page 29 of 36 That Report ED2023-020, Skills Development Fund 3 Projects, be received; That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with the Province of Ontario relating to the Skills Development Fund 3 project titled Kawartha Lakes Skilled Employee Advanced Training Program (SEAT); That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with the Province of Ontario and Sir Sandford Fleming College relating to the Skills Development Fund 3 project titled Skills Training for the Horticultural and Wildlife Management sectors; That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with the Province of Ontario, Trent University, Peterborough and the Kawarthas Economic Development, and Workforce Development Board relating to the Skills Development Fund 3 project titled Community-Campus Engagement for Rural Degree Holders in Peterborough and City of Kawartha Lakes; and That the Mayor and Clerk, following a review of agreements to the satisfaction of the City Solicitor, be authorized to execute all required documents, agreement(s), and extensions with be authorized to
Moved by Councillor Joyce, seconded by Councillor Perry
Carried
That the Closed Session agenda be adopted as circulated.
Moved by Councillor Joyce, seconded by Councillor McDonald
Carried
That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, March 21, 2023 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Deputy Mayor Richardson, seconded by Councillor McDonald
Carried

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