The Kawartha Lakes Record

Regular Council Meeting

September 24, 2019

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 (36 motions)

29 carried, 7 recorded otherwise. Every motion below is printed as the minutes print it.

That the Minutes of the August 13, 2019 Regular Council Meeting, September 5, 2019 Special Council Meeting, September 17, 2019 Special Council Meeting and September 18, 2019 Special Council Meeting, be received and adopted.
Moved by Deputy Mayor Elmslie, seconded by Councillor Veale
Carried
That the deputation of Robin Wagnell regarding Use of City Owned Property Adjacent to Stanley Road, Woodville, be received.
Moved by Councillor Dunn, seconded by Councillor Richardson
Carried
That the deputation of John Ireland regarding a Proposed Heritage Designation for 3 St. David Street and 4 Riverview Road, Lindsay , Item 8.3.14 on the Agenda, be received.
Moved by Councillor Dunn, seconded by Deputy Mayor Elmslie
Carried
That the deputation of Jim Garbutt regarding a Proposed Heritage Designation for 3 St. David Street and 4 Riverview Road, Lindsay , Item 8.3.14 on the Agenda, be received.
Moved by Councillor Seymour-Fagan, seconded by Councillor Ashmore
Carried
That the presentation by Charles A. Harnick regarding Introduction of the Integrity Commissioner Office for the City of Kawartha Lakes , be received.
Moved by Councillor Veale, seconded by Councillor Richardson
Carried
That the Minutes of the September 10, 2019 Committee of the Whole Meeting be received and the recommendations, included in Section 8.3 of the Agenda, be adopted, save and except Items 8.3.2, 8.3.10, 8.3.14, 8.3.17, 8.3.19 and 8.3.20.
Moved by Councillor Seymour-Fagan, seconded by Councillor Richardson
Carried
That staff be directed to convey the 1.4 meter strip of land on the City-owned property adjacent to 1474 Fleetwood Road, in the Geographic Township of Manvers, City of Kawartha Lakes to the owner of 1474 Fleetwood Road at fair market value plus all associated costs to resolve the encroachment issue; and That the remainder of the parcel of land be
Moved by Councillor Dunn, seconded by Councillor Yeo
Referred
O'Reilly That staff be directed to prepare a report for consideration by Council to declare the City-owned property adjacent to 1474 Fleetwood Road, in the Geographic Township of Manvers, City of Kawartha Lakes surplus to municipal needs; and That the subject property be offered for direct sale to the owner of 1474 Fleetwood Road and sold for no less than the appraised value plus any and all costs associated with the transaction.
Moved by Councillor Richardson
Carried
That Report HH2019-008, Affordable Housing Targets , be received; and That the matter be
Moved by Councillor Dunn, seconded by Councillor Yeo
Referred
That Report ENG2019-020, Downtown Reconstruction Update , be received.
Moved by Councillor Ashmore, seconded by Councillor Richardson
Carried
That Report RD2019-005, RD2019-005 Winter Maintenance Fee for Service Review , be received.
Moved by Councillor Richardson, seconded by Councillor Seymour-Fagan
Carried
That the fee for service for winter maintenance activities be offered to the McGuire Beach Road Association at market rate.
Moved by Councillor Yeo, seconded by Councillor Dunn
Lost
That Report WWW2019-007, Requirement to Connect to Municipal Services Review , be received; That Alternative 1 outlined within Report WWW2019-007 be endorsed; That staff be directed to prepare the necessary amendment to By-law 2014-255, being the Mandatory Connection By-law, to reflect Alternative 1 within Report WWW2019-007. Recorded (Voted)
Moved by Councillor Dunn, seconded by Councillor Yeo
Lost
O'Reilly That Report WWW2019-007, Requirement to Connect to Municipal Services Review , be received; That Alternative 1 outlined within Report WWW2019-007 be endorsed; That staff be directed to prepare the necessary amendment to By-law 2014-255, being the Mandatory Connection By-law, to reflect Alternative 1 within Report WWW2019-007; and That staff be directed to prepare an amendment to By-law 2018-039, being the by-law to Regulate Water and Wastewater Services, to require property owners who meet the requirements for mandatory connection to pay a fixed rate of $50.00 per quarter for water services and $50.00 per quarter for wastewater services; and That the revised fee structure be implemented effective January 1, 2020. Recorded (Voted)
Moved by Deputy Mayor Elmslie
Carried
That staff be directed to bring forward a costing report by end of Q1 2020 to assess the costs associated with the City installing water and wastewater infrastructure to the property lines for those properties required to connect under the Mandatory Connection By-law.
Moved by Councillor Veale, seconded by Deputy Mayor Elmslie
Carried
That all of the proposed resolutions shown in Section 10.1 and 10.2 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 10.1.9, 10.1.11 and 10.1.12.
Moved by Councillor Seymour-Fagan, seconded by Deputy Mayor Elmslie
Carried
That Report EA2019-012, Request by All Into Storage for Deferral of Development Charges , be received; and That notwithstanding Council Policy CP2016-020, the site plan agreement for the storage unit development proposed at 74 Colborne St. E., Lindsay by All Into Storage, as outlined in Appendix A to Report EA2019-012, provide for the deferral of development charges whereby the development charges are made payable on the second anniversary of the site plan agreement and are determined in accordance with the applicable development charge rates in effect at time of payment.
Moved by Councillor Dunn, seconded by Deputy Mayor Elmslie
Carried
That Report HH2019-009, Housing First – Intensive Case Management , be received for information purposes.
Moved by Councillor Dunn, seconded by Councillor Seymour-Fagan
Carried
That the petition received from Olivia Bryant regarding Resurfacing of Hillview Drive and Slalom Drive in Bethany , be received and
Moved by Councillor Richardson, seconded by Deputy Mayor Elmslie
Referred
That the petition received from Janet Porter regarding Renovations and Repairs to Baseline Road, Coboconk , be received and
Moved by Councillor Seymour-Fagan, seconded by Councillor Yeo
Referred
That the By-Laws shown in Section 13.1 of the Agenda, namely: Items 13.1.1 to and including 13.1.6 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Veale, seconded by Councillor Richardson
Carried
That the Closed Session agenda be adopted as circulated and with the following amendment: Addition - Item 15.3.4 LGL2019-004 2074161 Ontario Inc., Court File CV11-00421210-0000 Municipal Act, 2001, s.239(2)(e)(f) Robyn Carlson, City Solicitor
Moved by Councillor Yeo, seconded by Councillor Dunn
Carried
That Council convene into closed session at 3:28 p.m. in order to consider matters on the Tuesday, September 24, 2019 Closed Session Agenda and that are permitted to be discussed in a session closed to the public pursuant to Sections 239(2)(b)(e)(f) of the Municipal Act, S.O. 2001. S.25.
Moved by Councillor Yeo, seconded by Deputy Mayor Elmslie
Carried
That the following member of the public be appointed to the Fenelon Falls Powerlinks Committee for the applicable term of office as stated: Chris Appleton for a four year term ending December 31,2022.
Moved by Deputy Mayor Elmslie, seconded by Councillor Seymour-Fagan
Carried
That the City Solicitor provided information and advice relating to Local Planning Appeals Tribunal Case P1190381; and That Council direct the City Solicitor to attend the hearing of this appeal and advance an argument that the appeal should be allowed to the extent and on the conditions recommended by Planning Staff to the Committee of Adjustment pursuant to Committee of Adjustment Report COA2019-043, as more specifically set out at Appendix C to Confidential Report LGL2019-003.
Moved by Councillor Dunn, seconded by Councillor Yeo
Carried
That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, September 24, 2019 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Dunn, seconded by Deputy Mayor Elmslie
Carried
That the Council Meeting adjourn at 4:03 p.m.
Moved by Councillor Yeo, seconded by Councillor Veale
Carried
That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, September 24, 2019, be adopted as circulated.
Moved by Councillor O'Reilly, seconded by Councillor Richardson
Carried
That the deputation of John Gorrill, regarding Development Charge Deferral Regarding Report EA2019-012, Item 10.1.11 on the Agenda, be received.
Moved by Councillor O'Reilly, seconded by Councillor Veale
Carried
That staff be directed to prepare a report for consideration by Council to declare the City-owned property adjacent to 1474 Fleetwood Road, in the Geographic Township of Manvers, City of Kawartha Lakes surplus to municipal needs; and That the subject property be offered for direct sale to the owner of 1474 Fleetwood Road and sold for no less than the appraised value plus any and all costs associated with the transaction.
Moved by Councillor Richardson, seconded by Councillor O'Reilly
Carried
That Report ED2019-017, Proposed Designation of 3 St. David Street and 4 Riverview Road, be received; That the Committee of the Whole not endorse the Municipal Heritage Committee’s recommendation to designate the 3 St. David Street and 4 Riverview Road in Lindsay under Part IV of the Ontario Heritage Act as being of cultural heritage value and interest; That staff not be authorized to proceed with the process to designate the subject property under Part IV of the Ontario Heritage Act; and That the Municipal Heritage Committee work with staff to identify opportunities to recognize the heritage of the area within the proposed redevelopment of 3 St. David Street and 4 Riverview Road in Lindsay.
Moved by Councillor O'Reilly, seconded by Councillor Dunn
Carried
That Report WWW2019-007, Requirement to Connect to Municipal Services Review, be received; That Alternative 1 outlined within Report WWW2019-007 be endorsed; That staff be directed to prepare the necessary amendment to By-law 2014-255, being the Mandatory Connection By-law, to reflect Alternative 1 within Report WWW2019-007. Regular Council Meeting September 24, 2019 Page 14 of 29 Recorded
Moved by Councillor Dunn, seconded by Councillor Yeo
Lost
That Report WWW2019-007, Requirement to Connect to Municipal Services Review, be received; That Alternative 1 outlined within Report WWW2019-007 be endorsed; That staff be directed to prepare the necessary amendment to By-law 2014-255, being the Mandatory Connection By-law, to reflect Alternative 1 within Report WWW2019-007; and That staff be directed to prepare an amendment to By-law 2018-039, being the by-law to Regulate Water and Wastewater Services, to require property owners who meet the requirements for mandatory connection to pay a fixed rate of $50.00 per quarter for water services and $50.00 per quarter for wastewater services; and That the revised fee structure be implemented effective January 1, 2020. Regular Council Meeting September 24, 2019 Page 15 of 29 Recorded
Moved by Deputy Mayor Elmslie, seconded by Councillor O'Reilly
Carried
That the Minutes of the September 11, 2019 Planning Advisory Committee Meeting be received and the recommendations, included in Section 9.3 of the Agenda, be adopted.
Moved by Councillor O'Reilly, seconded by Councillor Veale
Carried
Regular Council Meeting September 24, 2019 Page 24 of 29 That Report EA2019-010, Early-Start Approval for 2020 Phase of Downtown Lindsay Reconstruction, be received; and That the 2020 phase of downtown Lindsay reconstruction, as indicated in Tables 1 and 2 of Report EA2019-010, be approved and included in the forthcoming 2020 capital budgets for tax-supported and water-wastewater services.
Moved by Councillor O'Reilly, seconded by Councillor Veale
Carried
That Council direct the Treasurer to pay 2074161 Ontario Inc. in the amount of $1,103,959.00, in exchange for full settlement of Court File Number CV-11- 00421210-0000 on a without-cost basis, termination of (Cost Recovery Agreement described as Front Ending Agreement, dated July 12, 2009 and registration on title of a postponement of a mortgage and an easement for storm water management; That payment of the above will be made as follows: $617,686.00 will be paid to 2074161 Ontario Inc. from the sewage collection Development Charges reserve Regular Council Meeting September 24, 2019 Page 29 of 29 account; and $486,273.00 will be paid to 2074161 out of the roads and related Development Charges reserve account; That The Mayor and Clerk be authorized to execute Minutes of Settlement and a Release on the terms as agreed to by Council in this Resolution and Report and in a form acceptable to the City Solicitor; and That the City Solicitor be authorized to take such actions as necessary to have the claim discontinued.
Moved by Councillor O'Reilly, seconded by Councillor Dunn
Carried

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