Regular Council Meeting

That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, January 31, 2023, be adopted as circulated and with the following amendments: Additions: Item 6.4 a Deputation by Darren Vella, President and Director of Planning, Innovative Planning Solutions, Regarding Report CAO2023-001 being Agenda Item 10.1.1 Item 7.2 Correspondence Regarding Lands Known as 405 St. David Street, Lindsay (the Riverwalk Development) being Agenda Item 10.1.1 Item 10.1.2.1 being a Supplementary Document Regarding Bill 23 Deletions: Item 5 being the Minutes from the Special Council Meeting of January 26, 2023 (the minutes will go forward to the February 21st Regular Council Meeting Item 6.3 being a Deputation by Jaclyn Rodo and Katherine Boys Regarding a Request for Parking Lot Maintenance at Cowan's Drive and Peace Road

That the minutes of the Regular Council Meeting held on December 13, 2022 and the Special Council Meeting held on January 17, 2023, be adopted as circulated.

That the deputation of Keith Baldry and Susan Johnstone, regarding the Proposed Surplus Declaration, Closure and Sale of a Portion of Road Allowance Adjacent to 251 Shadow Lake Road 4, Norland (relating to Agenda Item 9.3.23) , be received.

That the deputation of Dan DelMedico, regarding Proposed Surplus Declaration, Closure and Sale of a Portion of a Road Allowance Adjacent to 251 Shadow Lake Road 4, Norland (relating to Agenda Item 9.3.23) , be received.

That the deputation of Darren Vella, President and Director of Planning, Innovative Planning Solutions, regarding Report CAO2023-001, being a Request for Support of a Minister's Zoning Order by 2750875 Ontario Inc. (Riverwalk) , be received.

That the correspondence from Gary Ralph, regarding Lands Known as 405 St. David Street, Lindsay (the Riverwalk Development) , be received.

That the correspondence from Patricia Chernoff, Keval Patel, George Bahna, Joseph Howland, Anand Kansara, Amir Kendic, Ron McIntosh, Linda O'Connor, Andrew Tummonds, Andreas Rittman and Jeff Tompkins, regarding Lands Known as 405 St. David Street, Lindsay (the Riverwalk Development) , be received.

That the Minutes of the January 10, 2023 Committee of the Whole Meeting be received and the recommendations, included in Section 9.3 of the Agenda, save and except for items 9.3.2, 9.3.6, 9.3.7 and 9.3.23, be adopted.

That the deputation of Darryl Scheerer and Matthew Allen, of BluEarth Renewables, regarding a Request for Municipal Support Resolution for an Electrical Storage Project in the City of Kawartha Lakes , be received; and That a resolution of support for the proposed electrical storage project adjacent to the existing solar facility known as Goodlight Solar near Bolsover be supported once all of the outstanding planning issues have been satisfied.

That the correspondence from Mike Wilson and Rene Wilson, regarding an Open Letter of Concern and Appeal: Geranium Homes - King's Bay , be received.

That the correspondence from Jaclyn Rodo, regarding a Request for Parking Lot Maintenance at Cowan's Drive and Peace Road , be received.

That Report RS2023-007, Proposed Surplus Declaration, Closure, and Sale of a Portion of Road Allowance adjacent to 251 Shadow Lake Road 4, Norland , 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 251 Shadow Lake Road 4, Norland and legally described as Part of the Road Allowance between Lot 72 and Lot 73, Concession Front Range, Lying West of Highway 503, in the Geographic Township of Somerville, City of Kawartha Lakes, designated as Parts 1 and 2 on Plan 57R-4985, being Part of PIN: 63120-1286 (LT), be declared surplus to municipal needs; That Staff consult with the landowner adjoining Part 1 on Plan 57R-4985 to determine if said landowner would like to purchase Part 1 on Plan 57R-4985; That Staff, if the landowner adjoining Part 1 on 57R-4985 does not wish to purchase Part 1 on Plan 57R-4985, shall offer Part 1 on Plan 57R-4985 to the landowner adjoining Part 2 on Plan 57R-4985; That Part 2 on Plan 57R-4985 be sold to the adjoining landowner; That the closure and sale of the portion of road allowance, designated as Part 1 and Part 2 on Plan 57R-4985, 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 the purchaser’s adjacent property on closing

That all of the proposed resolutions shown in Section 10.1 of the Agenda, save and except for Items 10.1.1, 10.1.2 and 10.1.6, be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered.

That Report CAO2023-001, 2750876 Ontario Inc. (Riverwalk) Request for Support of a Minister’s Zoning Order (MZO) , be received for information; That City Council supports the request from Riverwalk for a Minister’s Zoning Order (MZO) on approximately 17.3 ha of land both within and abutting to the north of the Lindsay urban settlement area, and as generally outlined in Appendix A and B to report CAO2023-001; and That staff be directed to work with Riverwalk to prepare a draft framework agreement acceptable to both parties, and that the draft agreement be forwarded to Council for review and approval.

That Report CAO2023-001, 2750876 Ontario Inc. (Riverwalk) Request for Support of a Minister’s Zoning Order (MZO) , be received for information; and That Council abstain from supporting the request.

That Report CAO2023-001, 2750876 Ontario Inc. (Riverwalk) Request for Support of a Minister’s Zoning Order (MZO) , be received; That the Owner/Applicant submit their project proposal (Riverwalk) and supporting background information, on lands known as 405 St. David Street, Lindsay, to the Director of Development Services for inclusion and consideration in the City's Growth Management Study (GMS); and That a future request for support of a Minister's Zoning Order (MZO) for the proposed Riverwalk project can be submitted for consideration following the conclusion of the GMS (and supporting Servicing and Transportation Master Plans), and Provincial approval(s) to the Lindsay Settlement Boundary and population growth allocations to accommodate.

That Report PLAN2023-001, Bill 109 and 23 - Legislative Changes , be received for information.

That Report CA2023-001, Contract Administration for Phase 3 of Lindsay-Ops Landfill Cells 4 and 5 , be received; That staff be authorized to issue a purchase order, with an upset value of $132,000.00, to WSP Canada Inc. for the purpose of retaining that firm to provide contract administration services for the construction of Phase 3 of Lindsay-Ops Landfill Cells 4 and 5; and That the purchase order be accompanied by a contingency allowance of up to 15% of the value thereof and be committed to capital project 997230102 (Lindsay-Ops Landfill Cells 4 and 5 – Phase 3 of 4).

That the petition received from Liz Phillips, regarding a Request to Resurface Coldstream Road and Greywood Road, former Fenelon Township , be received; and That the resurfacing of Coldstream Road and Greywood Road, former Fenelon Township, be included as a decision unit for consideration as part of the 2023 Capital Budget.

That the petition received from Liba Radovski-Levin, regarding Short Term Rentals , be received; and That the petition be forwarded to staff for review and report back as part of the Short Term Rentals review.

That the By-Laws shown in Section 13.1 of the Agenda, namely: Items 13.1.1 to and including 13.1.7 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

McDonald That the Closed Session agenda be adopted as circulated.

That the following members of the public be appointed to the position of Municipal Livestock Predation Investigator and Valuer in the City of Kawartha Lakes: Alisha Bauer, Charles Clarke, Barry Dart, John Hope, Robert MacEachern, Mark Robbins, Jeffrey Schaafsma and Brian Vanderkleyn for a 4 year term ending December 31, 2026 That the remuneration for the Municipal Livestock Predation Investigators and Valuers be set to $70.00, plus mileage (to a maximum of 150 kms) at the City’s prevailing rate for staff mileage per investigation (with completed report); and That a by-law, including a Municipal Livestock Predation Investigator and Valuer Code of Conduct, to approve and implement these appointments and remuneration be forwarded to Council for adoption.

That the following members of the public be appointed to the position of Fence Viewer in the City of Kawartha Lakes: Philip Antoniow, David Butt, Jim Fulton, Ralph MacEachern, Jim Oriotis, Peter Peeters, and Anthony Sutcliffe 4 year term ending December 31, 2026 That the remuneration for the Fence Viewers be set to $70.00, plus mileage (to a maximum of 150 kms) at the City’s prevailing rate for staff mileage per Fence Viewing and/or Appeal Hearing; and That a by-law, including a Fence Viewer Code of Conduct, to approve and implement these appointments and remuneration be forwarded to Council for adoption.

That the By-Law to Appoint Municipal Livestock Predation Investigators and Valuers for the City of Kawartha Lakes be read a first and second time.

That the Sections 2.01 and 2.02 of the By-Law to Appoint Municipal Livestock Predation Investigators and Valuers for the City of Kawartha Lakes be amended to appoint the following persons as Municipal Livestock Predation Investigators and Valuers for the term January 1, 2023 to December 31, 2026: Alisha Bauer, Charles Clarke, Barry Dart, John Hope, Robert MacEachern, Mark Robbins, Jeffrey Schaafsma, and Brian Vanderkleyn

That the By-Law to Appoint Fence Viewers and Adopt a Code of Conduct for Fence Viewers for the City of Kawartha Lakes be read a first and second time.

McDonald That Section 2.01 of the By-Law to Appoint Fence Viewers and Adopt a Code of Conduct for Fence Viewers for the City of Kawartha Lakes be amended to appoint the following persons as Fence Viewers for the term January 1, 2023 to December 31, 2026: Phillip Antoniow, David Butt, Jim Fulton, Ralph MacEachern, Jim Oriotis, Peter Peeters, and Anthony Sutcliffe.

That the by-law to Appoint Fence Viewers and Adopt a Code of Conduct for Fence Viewers for the City of Kawartha Lakes, as amended, be read a third time, passed, numbered, signed and the corporate seal attached.

That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, January 31, 2023 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

That the Council Meeting adjourn at 4:51 p.m.

That Report CAO2023-001, 2750876 Ontario Inc. (Riverwalk) Request for Support of a Minister’s Zoning Order (MZO), be received for information; That City Council supports the request from Riverwalk for a Minister’s Zoning Order (MZO) on approximately 17.3 ha of land both within and abutting to the north of the Lindsay urban settlement area, and as generally outlined in Appendix A and B to report CAO2023-001; and That staff be directed to work with Riverwalk to prepare a draft framework agreement acceptable to both parties, and that the draft agreement be forwarded to Council for review and approval. Regular Council Meeting January 31, 2023 Page 22 of 30 A

That the Closed Session agenda be adopted as circulated.

That Council convene into closed session at 3:37 p.m. pursuant to Section 239(2) of the Municipal Act, S.O. 2001 s.25, in order to consider matters identified in Section 15.3 of the Regular Council Meeting Agenda of Tuesday, January 31, 2023, namely Items 15.3.1 to and including 15.3.5.

That the by-law to Appoint Municipal Livestock Predation Investigators and Valuers for the City of Kawartha Lakes, as amended, be read a third time, passed, numbered, signed and the corporate seal attached.

That Section 2.01 of the By-Law to Appoint Fence Viewers and Adopt a Code of Conduct for Fence Viewers for the City of Kawartha Lakes be amended to appoint the following persons as Fence Viewers for the term January 1, 2023 to December 31, 2026: Phillip Antoniow, David Butt, Jim Fulton, Ralph MacEachern, Jim Oriotis, Peter Peeters, and Anthony Sutcliffe.