The Corporation of the City of Kawartha Lakes
Council Report
Report Number PUR2016-045
Date: August 30, 2016 Time: 2:00 p.m. Place: Council Chambers Ward Community Identifier:
Subject: 2016-63-CP Feasibility Study/Design for Affordable Housing and City office Space
Author/Title: Launa Lewis, Buyer Signature:
Co-Author: Sara Beukeboom Signature: Strategy and Performance Officer
Recommendation(s):
RESOLVED THAT Report PUR2016-045, 2016-63-CP Feasibility Study/Design for Affordable Housing and City Office Space, be received;
THAT Chamberlain Architect Services Limited, of Burlington, being the highest scoring proponent, be selected for the award of Request for Proposal 2016-63- CP Feasibility Study/Design for Affordable Housing and City Office Space for the proposed total, not to exceed, $258,000, plus HST;
THAT Financing of an additional $100,000 from the Property Development Reserve (1-2-9997-2308) be approved for this tender award;
THAT Staff be directed to pursue grant funding through Federation of Canadian Municipalities (FCM) under the feasibility study category;
THAT Upon successful receipt of the FCM feasibility study grant, the funds be returned to the Property Development Reserve and to the KLHHC Reserve, based upon the construction allocation proration of Affordable Housing and City Office Space;
Department Head: ______
Corporate Services Director / Other:
Chief Administrative Officer:
Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 2 of 8
THAT subject to receipt of the required documents, the Mayor and City Clerk be authorized to execute the Agreement to award 2016-63-CP Feasibility Study/Design for Affordable Housing and City Office Space; and
THAT the Purchasing Division be authorized to issue a Purchase Order.
Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 3 of 8 Background:
Council received a closed session presentation related to this project at the Special Council meeting on June 14, 2016.
At the open Special Council Meeting of June 14, 2016 Council adopted the following resolution:
CR2016-558 Moved By Councillor Strangway Seconded By Councillor Veale
RESOLVED THAT staff initiate an RFP for a feasibility study and design services for a joint Affordable Housing/Human Services office space; and THAT the transfer of up to $100,000.00 from the Property Development Reserve (1-2-9997-2308) be approved to match the KLHHC Reserve funding for this project. CARRIED This report addressed that direction.
The City of Kawartha Lakes requested proposals from qualified firms to provide planning and design consulting and co-ordinate all aspects of a project to construct Mixed Use Development, including Office and Commercial Space combined with Affordable Housing. The development is to be constructed on vacant lands in the Town of Lindsay. The consulting services include: a pre- design study, programming, preliminary conceptual design and budget confirmation, site master plan, detailed design development, and tender–ready contract documents. The contract for consulting services may be amended to include contract administration for the construction of the project.
The housing requirements are being provided to meet the needs of the Kawartha Lakes-Haliburton Housing Corporation (KLHHC).
This project is a high priority for the City, with funding and timeline constraints, including provincial government and other transfers and processes (which includes the Investment in Affordable Housing funding criteria that completion of construction must be met by March 31, 2018). The City is intent on finding a consultant that can meet the service requirements for the project and support the funding and scheduling constraints as was noted in the RFP.
Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 4 of 8
The RFP sought consulting firms that can help the City achieve Innovation in Design and Construction, specifically: Leadership in energy and environmental design. Design for best lifecycle, performance and cost. Low cost options for the construction of high quality building space, including opportunities for pre-engineering / prefabrication. Introducing modern design standards for high quality work environments in office space design, considering both physical and ambient standards.
Firms were challenged to demonstrate how they would accomplish the criteria noted above, while at the same time providing/achieving: All requirements and schedules to support allocation of federal and provincial funding for the affordable housing portion of the project. Investment in affordable housing grants have very specific criteria as below:
Completion of detailed cost estimate and completion of detailed submission requirements to support City’s application for transfer funding for Affordable Housing must be by November 30, 2016;
Final completion of tender ready documents is to be by December 18, 2016,
All requirements and schedules for application for funding for brownfield redevelopment and green building incentives through the Federation of Canadian Municipalities, Green Municipal Fund. Practical application of innovative ideas to support this project as a pilot for standards development and possible future capital investments the City may undertake. Methods for streamlining the design development and construction of this project, to ensure efficient delivery of this project and establish standards for future projects. Methods to analyze and communicate about life-cycle benefits and cost differences from options to be considered. Prepare materials to support submission of lifecycle costing information to Federation of Canadian Municipalities.
Request for Proposal 2016-63-OP was released and advertised in accordance with the Purchasing Policy.
The RFP closed on Thursday, July 28, 2016, and was opened in public by Mayor Andy Letham and Launa Lewis, Buyer.
Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 5 of 8
The following Proposals were received:
Proposal Submitted By
Salter Pilon Architecture Inc.
Raw Design Architecture Inc.
Chamberlain Architect Services Limited
James Fryett Architect Inc.
Wilcox Architects Inc.
Ronald A. Awde Architect
Lett Architects Inc.
The document allowed for interviews to be held with the three highest scoring proponents. Raw Design Inc., Chamberlain Architects and Salter Pilon Architecture Inc. were invited for a confidential presentation with the evaluation committee on August 11, 2016.
Upon completion of the interviews, Chamberlain was recommended by the evaluation committee as the highest scoring proponent.
References were checked and found to be favorable. Chamberlain is also known to the City for previous work with local social housing projects, as well as work with our Building and Property.
Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 6 of 8 Rationale:
Staff Recommends Chamberlain Architect Services Limited of Burlington, being the highest scoring proponent, be selected for the award of Request for Proposal 2016-63-CP Feasibility Study/Design for Affordable Housing and City Office Space for the proposed total, not to exceed, $258,000, plus HST.
Staff will initiate the application to the Federation of Canadian Municipalities (FCM) under the Green Municipal Fund for Feasibility Studies. Projects are eligible for this funding source if it responds to a municipal need and contributes to cleaner air, water, or soil, or reduces greenhouse gas emissions. It must assess the environmental, social, and economic impacts of an environmental project. A study is an important prerequisite for any future Green Municipal Fund capital project grant applications.
Other Alternatives Considered:
None as the highest scoring proponent is being recommended.
Financial Considerations:
This Corporate project has received input and collaboration from an intra- departmental team with various levels of expertise. Allocation of the operating budget of this study will be under the Building and Property Division.
RFP Total Operating HST Remaining Amount Proposal Contingency Budget Rebate Budget (incl. HST) Cost
$200,000 $291,540 ($28,999) $262,541 $37,459 ($100,000)
Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 7 of 8 If the City is successful in its’ FCM funding application, the maximum funding allowed is 50% of eligible costs to a maximum of $175,000. FCM will review the City’s application in accordance to their process, and a funding announcement is not anticipated prior to February, 2017. While undertaking the process to apply for FCM funding, in the interim, additional financing is being requested from the Property Development Reserve. Should the City be successful in its application, the grant will be allocated back to the Property Development Reserve and the KLHHC Reserve based upon the construction allocation proration.
Relationship of Recommendation(s) To The 2016-2019 Strategic Plan:
This project is aligned to the Council Adopted Strategic Plan in the following areas: Goal 2 – An Exceptional Quality of Life Action Item #2.2.3 to Increase the supply of affordable housing in the City of Kawartha Lakes Goal 3 – A Healthy Environment This project also addresses several Action Items under the goal of a Healthy Environment being: Action Item # 3.1.3 The project incorporates energy conservation with a goal of building a low energy consuming build Action Item # 3.1.4 The City is investing in rehabilitating a brownfield site, and using Low Impact Development Standards for this new build
Review of Accessibility Implications of Any Development or Policy:
The project will be built in compliance with all accessibility regulations addressed.
Servicing Comments:
The project is within the area in Lindsay that has planned servicing capacity.
Consultations: Chris Marshall, Director of Development Services Hope Lee, Manager of Housing Jorg Peterson, Manager, Building and Property Juan Rojas, Director of Engineering and Corporate Assets Rod Sutherland, Director of Human Services
Attachments:
N/A Report # PUR2016-045 2016-63-CP Feasibility Study/Design for Affordable Housing And City Office Space Page 8 of 8
Phone: 705-324-9411 X 1255 E-Mail: [email protected] Department Head: Sara Beukeboom, Strategy and Performance Officer Department File: 2016-63-CP The Corporation of the City of Kawartha Lakes
Council Report
Report Number PUR2017-017
Date: January 24, 2017 Time: 2:00 p.m. Place: Council Chambers Ward Community Identifier:
Subject: 2017-011-SS Contract Administration for Affordable Housing and City Office Space
Author/Title: Launa Lewis, Buyer Signature:
Co-Author: Sara Beukeboom, Strategy Management Signature: Jorg Petersen, Community Services Signature:
Recommendation(s): RESOLVED THAT Report PUR2017-011, 2017-011-SS Contract Administration for Affordable Housing and City Office Space, be received;
THAT the Contract Administration for the actual erection of the Affordable Housing and City Office Space project, be carried out using a construction management approach, as outlined in this report;
THAT Chamberlain Architect Services Limited of Burlington, ON, be selected for the award Single Source 2017-011-SS Contract Administration for Affordable Housing and City Office Space for the total amount of $298,327.00 plus HST of $38.783.00;
THAT in keeping with the construction management approach, subject to managing within the approved budget for all aspects of this project, that the Mayor and Clerk be authorized to approve execution of all construction contracts associated with the delivery of this project;
THAT Purchasing Division be authorized to issue the purchase orders.
Department Head: ______
Corporate Services Director / Other:
Chief Administrative Officer:
Report # PUR2017-017 2017-011-SS Contract Administration for Affordable Housing and City Office Space Page 2 of 6
Background: This project is a high priority for the City, with funding and timeline constraints, imposed by provincial transfer payment processes. These constraints are particular to Investment in Affordable Housing, and also related to grant applications with the Federation of Canadian Municipalities. Criteria for this require that a construction permit must be issued by March 1, 2017, and completion of construction must be by December 31, 2018. The City expedited the work of this project in order to deal with these constraints. This includes the approach taken to contract for architectural design services, as well as the approach taken to collaborate between City departments. This project is being carried out through a project team having membership from: CAO’s Office, Community Services, Corporate Services, Development Services, and Engineering and Corporate Assets. Attention is now being put to enhancing the approach to construction contract administration, in order to expedite that aspect of the project as well. Achieving that requires a contract management approach to contract administration.
In the previous report to Council on August 30th, 2016, PUR2016-045 staff indicated that the contract for consulting services may be amended to include contract administration for the construction of the project. Staff recommends that a contract for these services be executed as a Construction Management Contract for Services, using the industry standard for construction management contracts, as per the Canadian Construction Documents Committee (CCDC).
Rationale: The recommendation to use a CCDC Construction Management model for these services will make possible a more active and value-added result from contract administration. It will make it possible to: Expedite the process for delivering the project by overlapping the production of detailed construction documents, with starting the actual construction. This is done through a sequential tendering procedure. Facilitate the City’s greater control over pre-qualification and the selection of contractors that will carry out portions of the work. Facilitate greater control of the quality of construction work, at a more detailed level. Enable project management flexibility in dealing with matters arising during procurement and construction related to market conditions and/or site conditions. Facilitate greater control over managing change and costs within the project, to take advantage of efficiencies and limit extras, than is generally possible through a general construction contract. Have the service provider carryout a significant part of the procurement process requirements, and relieve the City’s Purchasing Division from significant workload, at a time when the division has capacity challenges. Report # PUR2017-017 2017-011-SS Contract Administration for Affordable Housing and City Office Space Page 3 of 6
Retain the tendering opening and award function, to ensure transparency and accountability to the Public.
It is important also to note that the very demanding schedule requirements imposed by provincial transfer funding agencies and other grant funding organizations, involved with this project, make the use of a more conventional general contracting approach to construction not feasible.
A construction management approach, as recommended here, provides a solution to the scheduling challenge and at the same time provides for the very positive benefits highlighted above.
Staff further recommends that Chamberlain Architect Services Limited of Burlington, ON, be selected for the award Single Source 2017-011-SS as the Contract Administrator for this project, the Affordable Housing and City Office Space for the total amount of $298,327.00 plus HST of $38,783. This recommendation is in keeping with the original RFP and contract for consulting services. It is also believed to present major advantages with regard to solving the schedule challenge, and with regard to the cost of delivery.
As noted above, the ‘construction management approach’ to administering the contract is different from a ‘general contractor approach’. Some of the key differences are noted here: No general contractor for the whole project. Instead the City will contract directly with individual contractors responsible for phased portions of the work. Reduction in the costs associated contracting the work. Such costs are typically related to a general contractor’s overhead and profit. Reduction of that cost will offset the cost for the enhanced contract administration involved with this approach. Sequential requests for tenders for the individual portions of the work. Site work, for example would be packaged and a call for tenders would be issued for that earlier in the schedule than a call for tenders for construction of the building structure and envelope.
The construction management approach will involve sequentially scheduled call for tenders, for each phased portion of the work. In order to implement the project in this manner, it will be necessary that Council provide a general, upfront approval for staff to enter into a series of separate contracts for the construction work, where the approval is based on and within an upset-limit for the overall project. That upset limit shall be the approved project budget of $8,000,000.00 in order to ensure that the Affordable Housing and City Office Space project does not exceed the Council approved allocation.
Report # PUR2017-017 2017-011-SS Contract Administration for Affordable Housing and City Office Space Page 4 of 6 Staff will provide quarterly updates through Information reports to Council on progress of delivering the project; including a detailed financial update.
Other Alternatives Considered: Alternatives to the approach outlined and recommended in this report have been considered. However, it is believed that there are none that will address the need to: Expedite the timeline for project delivery, so that the City can comply with the imposed scheduling constraints Enhance the City’s control of quality and cost, within an expedited timeline Enhance the City’s control over the procurement process to ensure objectives for contractor qualification are achieved for phased portions of the work Address the City’s internal capacity challenges for delivery of this project
Financial Considerations: Project BP1705 (Office Space and Affordable Housing) was approved in the 2017 Capital Budget with a total budget of $8,000,000. The table below shows the balance of the project once this tender is awarded.
Capital Capital Capital *Other Capital Tender Total HST Project Project Project Committed Project Amount Tender Rebate Balance Number Budget Funds Balance (incl. HST) Cost
BP1705 $8,000,000 $296,681 $7,703,319 $337,110 ($33,532) $303,578 $7,399,741
Other committed funds include Feasibility Study/Design, preparation of Topographic and Legal Boundary Survey and Environmental Site Assessment.
The Capital Project balance will be used to hire the Contractors through the sequential tendering process to complete the project by December 31, 2018.
Any surplus remaining after the project is completed will be reported in the Capital Close Report provided by the Treasury Department in accordance with the Capital Close Policy.
Relationship of Recommendation(s) To The 2016-2019 Strategic Plan: This project contributes to all three Strategic Goals: A Vibrant and Growing Economy, An Exceptional Quality of Life, and A Healthy Environment.
Report # PUR2017-017 2017-011-SS Contract Administration for Affordable Housing and City Office Space Page 5 of 6
New development in the City contributes to a vibrant economy through the Responsible Fiscal Resource Management and Efficient Infrastructure and Asset Management Strategic Enablers. The creation of new affordable housing is an objective of the Exceptional Quality of Life goal. The use of energy efficiencies and low impact development design contribute to a Healthy Environment.
The project will also support each of the key enablers note in the strategic plan. It will: Support fiscally responsible management (Enabler #1) by leveraging funding from other sources for both the construction and the operation of the new facility. The project will also make possible the most cost efficient solution for needed building space. Support human resources management (Enabler #2) by integrating HR planning objectives with modern building concepts in design of the new facility Support achievement of exceptional municipal service delivery (Enabler #3) by locating the group delivering services more closely with the people being served, and providing space for community engagement as part of the project. Supporting asset management objectives (Enabler #4) through a highly space efficient solution, that provides a pilot for planning other future office space for the City, that is integrated with IT planning, and provides leadership for energy management and environmental sustainability.
Review of Accessibility Implications of Any Development or Policy: The design of the building will meet or exceed all required accessibility needs.
This will be the case for the office space, and the common space that will be open for community use. It will also be the case for the housing portion of the project, in that two of the housing units will be designed as modified accessible units.
Servicing Comments: The project will not involve any provision of new or expanded services. All site servicing requirements are being addressed within existing system capacity. The approach being taken to design is to reduce the demand for services, through innovative measures. These measures are in keeping with sustainability objectives, and relate to demonstrating leadership in energy and environmental design. The design will, for example, implement measures to better manage rain water so that there is less impact on the storm water sewer system.
Report # PUR2017-017 2017-011-SS Contract Administration for Affordable Housing and City Office Space Page 6 of 6 Consultations: Rod Sutherland, Director of Human Services Juan Rojas, Director of Engineering and Corporate Assets Chris Marshall, Director of Development Services Laurie Lawder, Financial Coordinator, Public Works and Community Services
Attachments:
N/A
Phone: 705-324-9411 X 1296 E-Mail: [email protected] Department Head: Ron Taylor, CAO Department File: 2017-011-SS The Corporation of the City of Kawartha Lakes
Council Report
Report Number HH2017-001
Date: April 4th, 2017 Time: 2:00 p.m. Place: Council Chambers Ward Community Identifier:
Subject: New Affordable Housing & Human Services Offices - Municipal Incentives Author/Title: Hope Lee, Manager of Housing Signature: ~OjJ-l. ~ .
Recommendation(s ):
RESOLVED THAT Report HH2017-001, New Affordable Housing & Human Services Offices - Municipal Incentives, be received;
THAT an exemption be provided for any and all municipal fees and charges including, but not limited to Site Plan Process, Building Permit Fees, Landfill Tipping Fees, Development Application Approval Process (DAAP) Fees, Service Connection Fees and Entrance Permit for the development of both the Affordable Housing and Human Services Office components of the new build at the comer of Lindsay and Queen Streets in Lindsay;
THAT the affordable housing exemptions are provided through a Municipal Housing Facilities Agreement (MHFA) and Bylaw included as Attachment A to Report HH2017-001;
THAT Landfill Tipping Fees are provided through an exemption to Section 5.01 of By-Law 2016-144;
THAT Service Connection are provided through an exemption to Section 23.01 of By-Law 2011-260;
Department Head:
Corporate Services Director I Other:
Chief Administrative Officer:
'----· Report #HH-2017-001 New Affordable Housing & Human Services Offices - Municipal Incentives Page 2of7
THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval decision; and
THAT a By-law, substantially in the form attached as Attachment A to Report HH2017-001 be forwarded to Council for adoption. Report #HH-2017-001 New Affordable Housing & Human Services Offices - Municipal Incentives Page 3 of 7 Background:
Capital Project BP1705 (Office Space and Affordable Housing) was approved in the 2017 Capital Budget with a total budget of $8,000,000.
The budget was established with the following assumptions: • Since the land and subsequently the new asset is owned by the City, the City would exempt itself from any municipal fees and charges that are typical when developing; and • Since there is an affordable housing component, which will be leased and operated by the Kawartha Lakes-Haliburton Housing Corporation (KLHHC), the City would exempt the affordable housing (as it has with past KLHHC projects) from any municipal fees and charges that are typical when developing.
It is advantageous for the City to waive any fees or charges it would impose during development upon itself. This will help reduce the capital cost and ultimately the long term debt. Human Services is not able to access any further capital grant funding so there is no advantage in the City seeking these funds from itself.
The land and asset will be owned by the City, and KLHHC will enter into a long term lease in order to operate the affordable housing section. Although this section will not be "owned" by KLHHC the attached Municipal Housing Facility Bylaw and agreement (MHFA) will be put in place. This enables the municipal contributions (detailed below) to the affordable housing portion of the development in accordance with the Municipal Act, 2001. The Federal and Provincial Investment in Affordable Housing funding (which KLHHC has been approved to put toward the 24 affordable units) guidelines encourage municipalities to provide these incentives in order to lower capital costs and allow the housing to provide affordable rents. These projects have no ongoing access to any federal or provincial operating funding.
This report will provide the details of the municipal incentives being provided to this project.
Rationale:
Site Plan The project will be subject to a site plan review; however there will not be a formal application submitted. The City also requires a Letter of Credit for Site Plans to be held as a security for the completion of proposed works to the City's standards. The Letter of Credit or security is valued at 50% of the total construction for all private works and 100% of the total construction costs for any municipal works including service connections, road construction, sidewalk and Report #HH-2017-001 New Affordable Housing & Human Services Offices - Municipal Incentives Page 4 of 7 restoration activities. The cost to the developer to maintain the Letter of Credit with a financial institution is typically 1-2% of its value. In a KLHHC owned affordable housing development, KLHHC would enter into a site plan agreement, however ask that the requirement for the security be waived. The City will not enter into a site plan agreement or be subject to site plan security.
The affordable housing exemption is provided through the MHFA.
The City's ability to exempt itself from this process is made possible by By-Law 2016-206 which exempts Planning Department Fees for applications initiated by the City.
Development Application Approval Process (DAAP) Fees Site Plans are subject to the DAAP Fees for the engineering review of applications. A cost estimate for the value of the development's construction is submitted to the Engineering Division and the DAAP fees due to the City are 0.67% of the site works construction cost estimate.
The affordable housing exemption is provided through the MHFA.
The City's ability to exempt itself is provided by By-Law 2016-206 which exempts Planning Department Fees for applications initiated by the City.
Building Permit Fees The City's Building Bylaw provides an exemption for affordable housing development. It does not provide an exemption for City owned projects of this extent (where the building permit has a cost of over $500). There is still an ability to provide an exemption however that must follow the Building Code Act and will be completed through a separate process/report through the Building Department later in 2017.
Landfill Tipping Fees Some contaminated soil exists on the site that needs to be removed . The level of contaminates allows the soi! to be taken to the City's ovm landfill site.
The affordable housing exemption is provided through the MHFA
The City's ability to exempt itself is provided through an exemption to Section 5.01 of By-Law 2016-144.
Service Conf'.lection Fees In order to service the development with water and sanitary services, the Engineering and Corporate Assets Division will administer connections from property line to the municipal services within right of way. This is undertaken as per CKL Mandatory Connection By-Law 2014-255, as amended, and the Water Report #HH-2017-001 New Affordable Housing & Human Services Offices - Municipal Incentives Page 5 of 7 and Wastewater Services By-Law 2011-260, as amended. The administration, frontage and connection charges are applied as per By-Law 2011-260 and are site specific.
The affordable housing exemption is provided through the MHFA.
The City's ability to exempt itself is provided through an exemption to Section 23.01 of By-Law 2011-260 which is requested within this report.
Entrance Permit An application for an Entrance Permit is required which includes a fee.
The affordable housing exemption is provided through the MHFA.
The City's exemption is provided through this report.
Other Alternatives Considered:
None.
Financial Considerations:
Although the approximate values of these exemptions are illustrated in the table below, it is important to note that not adding this expense to the capital project reduces the long term debt needs. This benefits both sections. It allows the affordable housing in particular to be offered with more affordable rents. If these exemptions were not provided, the City would receive these revenues; from itself and in turn would have to equally increase the capital budget. There is no net loss in providing the exemptions and as mentioned in the background, no federal/provincial capital funding on the office section to offset them or any ongoing operating subsidy from federal/provincial sources on the affordable housing section to help contribute to the increased debt expense.
City Office Space Affordable Housing Planning Application $2,404 $2,404 Fees including - Site Plan - Minor Variance - Deeming Bylaw Building Permit Fees $33,831 $20,494 Landfill Tipping Fees $50,000 $50,000 DAAP $3,827 $1,369 Service Connections $3,900 $3,900 - Aoolication fee Report #HH-2017-001 New Affordable Housing & Human Services Offices - Mun icipal Incentives Page 6 of7 - Frontage Charge Water - Frontage Charge Sanitary - Connection Fees Entrance Permit Fee $54 $54 Totals $941016 $78,221
Relationship of Recommendation(s) To The 2016-2019 Strategic Plan:
This project contributes to all three Strategic Goals: A Vibrant and Growing Economy, An Exceptional Quality of Life, and A Healthy Environment.
New development in the City contributes to a vibrant economy through the Responsible Fiscal Resource Management and Efficient Infrastructure and Asset Management Strategic Enablers. The creation of new affordable housing is an objective of the Exceptional Quality of Life goal. The use of energy efficiencies and low impact development design contribute to a Healthy Environment.
The project will also support each of the key enablers note in the strategic plan. It will: • Support fiscally responsible management (Enabler #1) by leveraging funding from other sources for both the construction and the operation of the new facility. The project will also make possible the most cost efficient solution for needed building space. • Support human resources management (Enabler #2) by integrating HR planning objectives with modern building concepts in design of the new facility • Support achievement of exceptional municipal service delivery (Enabler #3) by locating the group delivering services more closely with the people being served, and providing space for community engagement as part of the project. • Supporting asset management objectives (Enabler #4) through a highly space efficient solution, that provides a pilot for planning other future office space for the City, that is integrated with IT planning, and provides leadership for energy management and environmental sustainability.
Review.of Accessibi I ity .Im pl ica.tio ns. .of-Any-Development -or Pol icy:
The design of the building will meet or exceed all required accessibility needs. Report #HH-2017-001 New Affordable Housing & Human Services Offices - Municipal Incentives Page 7 of7 This will be the case for the office space, and the common space that will be open for community use. It will also be the case for the housing portion of the project, in that two of the housing units will be designed as modified accessible units.
Servicing Comments:
The project will not involve any provision of new or expanded services. All site servicing requirements are being addressed within existing system capacity. The approach being taken to design is to reduce the demand for services, through innovative measures. These measures are in keeping with sustainability objectives, and relate to demonstrating leadership in energy and environmental design. The design will, for example, implement measures to better manage rain water so that there is less impact on the storm water sewer system.
Consultations:
Susanne Murchison, Chief Building Official Adam Found, Corporate Asset Manager Cristina Neacsu, Public Works, Road Operations Bryan Robinson, Director, Public Works Juan Rojas, Director, Engineering and Assets Christina Sisson, Supervisor, Development Engineering
Attachments:
Attachment A By-Law 2017-XXX- Municipal Housing Facilities MJJ1 ~ 20170307MHFA2017 -XXXLindsayStreet. de
Please ensure that all attachments are forwarded with the signed report.
Phone: 705~324-6401 x 3102 E-Mail: [email protected] Department Head: Rod Sutherland, Director, Human Services Department File: HH2017-001 -Attachment A
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
BY-LAW 2017-XXX
A BY-LAW TO AUTHORIZE THE ENTERING INTO OF AN AGREEMENT FOR THE PROVlSION OF MUNICIPAL HOUSING FACILITIES IN RESPECT OF THE INVESTMENT IN AFFORDABLE HOUSING FOR ONTARIO PROGRAM ("IAH PROGRAM") AND THE SOCIAL INFRASTRUTURE FUNDlNG (SIF) WITH KAWARTHA LAKES HALIBURTON HOUSfNG CORPORATION FOR THE LINDSAY STREET PROJECT
Recitals
1. The City of Kawartha Lakes is the Service Manager and is authorized to operate and manage housing as well as establish, fund and administer programs for the provision of residential accommodation in its service area under the Housing Services Act, 2011, as amended. 2. The Municipal Act, S.O. 2001, c.25, s.110(1), as amended, allows municipalities to enter into agreements for the provision of municipal capital facilities by any person. 3. Ontario Regulation 603/06, as amended, made under the Municipal Act allows the council of a municipality to enter into an agreement under subsection 110(1) of the Municipal Act for the provision of a variety of enumerated classes of municipal capital facilities. 4. One of those enumerated classes is municipal housing project facilities. 5. Ontario Regulation 603/06, as amended, requires that before a By-law authorizing an agreement respecting municipal housing project facilities is enacted, the municipality must enter into a municipal housing facilities By law, which must comply with requirements set out in that Regulation; 6. By-law Numbers 2006-262 of the Corporation of the City of Kawartha Lakes providing for municipal housing project facilities was enacted on the 26th day of September, 2006; 7. Section 2.01 of By-laws 2006·262 and 2008-098 permit the Corporation to enter into municipal housing project facilities agreements with housing service providers; 8. Council is desirous of entering into agreements for the provision of municipal housing facilities with Kawartha Lakes Haliburton Housing Corporation in respect of the property located on Lindsay Street in Lindsay, Ontario, namely, a municipal housing project facility.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2017-XXX.
I Section 1.00: Definitions and Interpretation
1.01 Definitions: In this by-law,
"City", "City of Kawartha Lakeslt or "Kawartha Lakes" means The Corporation of the City of Kawartha Lakes and includes its entire geographic area.
"City Clerk" means the person appointed by Council to carry out the duties of the clerk described in section 228 of the Municipal Act, 2001;
G:\Social Hou&in9\Social lt1fras1ructu1e Fund\Rental Hovsin9\Joint Projecl el 68 Lindsay Street\MHFA\20170307MHFA2017·XXXLindsayStreet.docx "Council" or "City Council" means the municipal council for the City.
"Director of Human Services" means the person who holds that position and his or her delegate(s) or, in the event of organizational changes, another person designated by Council;
1.02 Interpretation Rules:
(a) The Schedules attached to this by-law form part of the by-law, and are enforceable as such.
(b) The words "include" and "including" are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow.
1.03 Statutes: References to laws in this by-law are meant to refer to the statutes, as amended from time to time, that are applicable within the Province of Ontario.
1.04 Severability: If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect.
I Section 2.00: Agreement
2.01 Agreement: The Corporation of the City of Kawartha Lakes is authorized to enter into agreements under subsection 110(1) of the Municipal Act with Kawartha Lakes-Haliburton Housing Corporation for the provision of a municipal housing project facility in Lindsay, Ontario consisting of Twenty-four (24) affordable dwelling units.
I Section 3.00: Approvals
3.01 Approvals: The Municipal Housing Facilities Agreement is the form appended to this By-law as Schedule "A" is approved.
3.02 Authorization: The Mayor and Clerk are authorized and directed to sign the Municipal Housing Facilities Agreement substantially in the form appended to this By-law as Schedule "A", and to affix the City's corporate seal to them.
I Section 4.00: Administration and Effective Date
4.01 Administration of the By-law: The Director of Human Services is responsible for the administration of this by-law.
4.02 Effective Date: This By-law shall come into force on the date it is finally passed.
By-law read a ·first, second and third time,· and finally passed, -this·410 day·of April;-2017.
Mayor, Andy Letham City Clerk, Judy Currins
G:\Social Housing\Social Infrastructure Fund\Rental Housing\Joint Project at 66 Lindsay StreetlMHFAl20170307MHFA2017·XXXLindseyStreet.docx ~ 20170307MHFAUnds ayStreetUndsayv 1. de
G:\Social HouslnglSoclal Infrastructure Fund\Rental Housing\Joint Project at ee Lindsay Slreet\MHFAl20170307MHFA2017-XXXLindsayStreet.docx HH2017-001 ATTACHMENT A
This Municipal Housing Project Facilities Agreement made this 31st day of March, 2017
THE CORPORATION OF THE CITY OF KA"'ARTHA LAKES (the "City")
-and-
KAWARTHA LAKES HALIBURTON HOUSING CORPORATION (the "Housing Provider") WHEREAS The Corporation of the City of Kawartha Lakes By-laws 2006-262 (hereinafter referred to as "By-law 2006-262" and the "Housing Facilities By-law") allows Council to pass by-laws permitting the City to enter into municipal housing project facilities agreements with housing providers pursuant to subsection 110 (1) of the Municipal Act, S.O. 2001, c.25 and its regulations (and specifically Ontario Regulations 46/94 and 603/06, as amended) for the provision of municipal housing project facilities;
AND WHEREAS the Housing Provider has agreed to provide a municipal housing facility on Lindsay Street in Lindsay (the "Property") pursuant to section 110 of the Municipal Act, S.O. 2001, c.25, as amended and its regulations (the "Municipal Act") and By-law 2006- 262;
AND WHEREAS Council has passed a by-law concurrently with this Agreement, pe1mitting the City to enter into this Agreement, being a municipal housing project facilities agreement and to provide financial contributions to the Housing Provider pursuant to the Investment in Affordable Housing for Ontario (IAH) Program and the Social Infrastructure Fund (SIF);
NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: Term 1. The term of this Agreement shall commence upon execution of this Agreement and terminate forty (40) years from the date of occupancy of the housing units to be provided as part of the Municipal Housing Project Facility.
Definitions 2.(1) Words and phrases used in this Agreement shall have the same meaning as set out in By law 2006-262, unless otherwise defined in this Agreement. 2
(2) The following words and phrases used m this Agreement shall have the following meanings:
"accumulated deficit" means a deficit as repo11ed on the Housing Provider's audited financial statements which has occurred as a result of the Housing Provider reporting more expenses than revenue since its incorporation .
"Administration Agreement" means the Service Manager Administration Agreement between the City and Her Majesty the Queen in Right of Ontario, as Represented' by the Minister of Municipal Affairs and Housing for the Affordable Housing Program.
"Affordable Housing Unit" means in respect of all units in the Project, a rental housing 1mit that is rented at an amount that is less than or equal to eighty percent (80%) of the average market rent (inclusive of utilities but exclusive of parking, telephone, cable and other related fees) as reported by CMHC in their Annual Rental Market Survey for the City of Kawartha Lakes for units of the same size by bedroom count.
"Affordable Housing Program'' or "AHP" means the Rental Housing Component of the Investment in Affordable Housing for Ontario Program or the Social Infrastructure Fund , or its successor name.
"Agreement" means this Municipal Housing Project Facilities Agreement.
"auditor" means a public accountant as defined in the Public Accountancy Act, R.S.O. 1990, c.P.37, as amended, who performs an audit function pursuant to this Agreement.
"CMHC" means Canada Mortgage and Housing Corporation.
"eligibility criteria" means the criteria set out in the definition of low-income household.
"fiscal year" means the fiscal year of the Housing Provider that is a period of twelve ( 12) consecutive months commencing on the first day of January and ending on the last day of December.
"income" means all income, benefits and gains, of every kind and from every source including an imputed income for all assets or investments which do not produce interest income but are intended to appreciate in value or are given away, all of which must be declared by a household in its application for rental of an Affordable Housing Unit.
"low-income household" means households eligible to be on or on the Waiting List and has a household income at or below the CMHC approved Household Income Limits (as defined by CMHC or its successor and as such definition is modified by CMHC or its successor).
"Municipal Housing Project Facility" has the meaning contemplated in By-law 2006-262 and for the purposes of this Agreement means the Project.
"Program" means the Investment in Affordable Housing Program. 3
"Program Delivery and Fiscal Plan" means the plan developed by the City that sets out how the City will use the funding allocations, as more particularly set out in the Administration Agreement.
"Project" means the project described in Schedules "A'' and "B».
"Province of Ontario" means Her Majesty the Queen in Right of Ontario as represented by the Minister of Municipal Affairs and Housing.
"Provincial Contribution Agreement" means the Provincial Contribution Agreement between the Housing Provider and the City for the Affordable Housing Program.
"Term» has the meaning set out in Section l.
"Waiting List" means The City of Kawartha Lakes centralized waiting list or any successor waiting list.
Schedules
2.3 The following Schedules are an integral part of this Agreement:
Schedule "A'' Project Schedule "B" Project Capital Budget Schedule "C" Financial Resources/Benefits
3.(1) Subject to any sections of this Agreement which set higher minimum standards, it is a condition of this Agreement that the Housing Provider operate the Project in accordance with all applicable legislation, by-laws, policies, directives and guidelines of all levels of government.
(2) Without limiting the generality of subsection (1), if there is a conflict between the Municipal Facilities By-laws and a section of this Agreement, the Municipal Facilities By-laws shall prevail, unless the section of this Agreement sets a higher standard, in which case the Housing Provider shall operate the Project pursuant to that section.
Contribution and Construction of the Project
4.(1) The Housing Provider participating within the City's overall capital project shall construct and maintain the Project in the manner described in this Agreement, its attached Schedules and all applicable by-laws, legislation and government policies.
(2) The Housing Provider shall constrnct and operate the Project, as described in Schedules "A'' and "B" to this Agreement, and subsequent lease and shared facilities agreements between the Housing Provider and the City. 4
5. Following its compliance with the requirements of the Program and the requirements of the City, the City shall provide the financial resources and relief, pursuant to By-law 2017-XXX, set out in the attached Schedule "C".
6. The Parties acknowledge that the costs for completion of the Project, which are provided for in the Project capital budget are set out in Schedule "B". .
Communication
7.(1) The Housing Provider shall cooperate with the City in any communications initiative of the City conceming the Project including, but not limited to, a sod turning ceremony and an official opening.
(2) The Parties shall maintain regular and open communication in respect to the construction and operation of the Project and the administration of this Agreement.
Discretion
8. Unless otherwise provided in this Agreement, the Parties shall act reasonably in exercising any discretion under this Agreement, or in providing or refusing any approval or consent concerning this Agreement. Laws of Province 9. Any obligation in this Agreement is subject to the laws of the Province of Ontario and applicable by·laws of the City, and those laws and by-laws apply to the interpretation of this Agreement, and any reference to a statute or by-law in this Agreement includes any subsequent amendments or replacement and substitution of that statute or by-law.
Schedules l 0. The Schedules to this Agreement are an integral part of this Agreement.
Notice 11. Any notice required under this Agreement must be in writing and delivered by personal service or ordinary mail to:
(a) the City at the following address:
26 Francis Street P.O. Box 9000 Lindsay, Ontario K9V5R8
Attention: Director, Human Services
(b) the Housing Provider at the following address: 5
322 Kent Street West P.O. Box 2600 Lindsay, Ontario K9V 4S7
Attention: Chief Executive Officer
The Housing Provider and City shall give notice to each other in writing of any change in this information. Any notice under this Agreement shall be deemed to be delivered on the date when personally served or, if mailed, on the third business day after the notice was mailed.
Contact Persons 12. The Housing Provider shall identify in writing one or more contact persons, who are authorized by the Housing Provider to respond on their behalf and who can respond to requests from the City and receive and transmit information from the City and shall give notice to the City of any change in any contact person.
Assignment 13. The Housing Provider shall not assign or transfer this Agreement or any of its responsibilities, rights or obligations under this Agreement without the prior written consent of the City, which may be withheld. A change of control of the Housing Provider shall for the purposes of this Agreement be deemed an assignment which shall require the prior written consent of the City. The City shall have the first right to purchase the Project in accordance with the terms of this Agreement in the event that the Housing Project proposes to assign or transfer this Agreement or the Project (or in fact assigns or transfers this Agreement or the Project).
Municipal Capital Facilities and Project Units
14. The Parties acknowledge that the Project is a municipal housing project facility and, therefore, use of the Project shall be pursuant to section 110 of the Municipal Act, S.O. 2001, c.25, as amended and its regulations.
15. (1) The Housing Provider shall ensure that during the term of this Agreement:
(a) all Project units (being those units more particularly described in Schedule "A") shall be Affordable Housing Units occupied by low-income households;
(b) all Project units shall be provided only to applicants on the Waiting List, subject to their ability to pay the affordable rent for the available housing unit;
( c) under no circumstances shaJJ a housing unit in the Project be made available when initially rented to an applicant for housing accommodation at a rental rate that is inconsistent with the definition of Affordable Housing Unit; 6
(d) under no circumstances shall a housing unit in the Project be made available to applicants who own a residential property, as determined by the Housing Provider after making all reasonable inquiries; and
(e) subject to section 2.07 of By-law 2006-262, housing units that form a part of the Project shall not be rented to the Housing Provider or shareholders or directors of the Housing Provider, or any individual not at arm's length to the Housing Provider or shareholders or directors of the Housing Provider.
(2) The Housing Provider shall rent all Project units and pennit their occupancy only in accordance with this Agreement and By-law 2017-:XXX and, where applicable, the Residential Tenancies Act, 2006, S.O. 2006, c. 17, as amended.
16.(1) All Project units shall be administered by the Housing Provider in accordance with the City's Program Delivery and Fiscal Plan and the guidelines, directives, rules, orders and policies as may be issued from time to time by either the City, the Province of Ontario or CMHC under the Program. To the extent of any conflict between the requirements of the Program or the guidelines, directives, rules, orders and policies of the City, the Province of Ontario or CMHC, the decision of the City as to the priority or paramountcy of any requirement, guideline, directive, rule, order and policy shall be final and binding until such time as it notifies the Housing Provider that such inconsistency has been satisfactorily addressed. The Housing Provider shall verify household income of the applicant prior to renting a Project unit to the applicant by completing and providing to the City, with respect to each applicant, a report in the form titled "Proponent's Initial Occupancy Report", being Schedule "H" to the Contribution Agreement. The Housing Provider shall further complete and provide to the City, on an annual basis, reports in the forms titled "Proponent's Annual Occupancy Report", being Schedule "I" to the Contribution Agreement and the form titled "Proponent's Annual Report'', being Schedule "J" to the Contribution Agreement. The form of the Proponent's Initial Occupancy Report, the Proponent's Annual Occupancy Report and Proponent's A1mual Report may be modified by the City at any time and from time to time.
(2) The Housing Provider shall charge and increase rent only in accordance with the terms of this Agreement and as otherwise required by the guidelines, directives, rules, orders and policies as may be issued from time to time by either the City, the Province of Ontario or CMHC under the Program and in accordance with the terms of the "Rental Protocol" which is attached as Schedule "E" to the Contribution Agreement. To the extent of any conflict between any of the guidelines, directives, rules, orders and policies of the City, the Province of Ontario or CMHC, the decision of the City shall be final and binding until such time as it notifies the Housing Provider that such inconsistency has been satisfactorily addressed. The Parties acknowledge that the Rental Protocol is a Schedule to the Administration Agreement.
17. This Agreement is binding on the Housing Provider's heirs> successors and assigns.
Housing Provider Status 7
18.(1) The Housing Provider shall:
(a) maintain itself in good standing as an active corporation and in accordance with aJl applicable laws;
(b) not amalgamate, alter, supersede or cancel its articles of incorporation or letters patent or any by-law without the prior written consent of the City; and
(c) comply with the City requirements for the Project including, but not limited to, any obligations under any lease associated with the Project and any guidelines, directives, rules, ordinances, orders and policies as may be issued from time to time by the City.
(2) A breach by the Housing Provider of the terms and conditions of any applicable funding agreement, by-law or lease including the Contribution Agreement shall be deemed to be a default under this Agreement.
Registration On Title 19. All relevant documents, including this Agreement, or notice thereof, shall be publicly registered in such fashion as may be requested or required by the City and in this regard, this Agreement or notice thereof shall be registered against title to the Prope1ty.
Amendment of Agreement 20. This Agreement may only be amended on the mutual written consent of the parties provided that such amendment shall be evidenced by a further written document.
Invalidity of Provision of Agreement 21. If any provision of this Agreement should be found by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision shall not apply and this Agreement shall remain in full force and effect without the provision.
Submission of Documents 22. The Housing Provider shall submit to the City any relevant documents, calculations, statements or information that the City may request from time to time, within the time period specified by the City.
Year-End Reporting 23.(1) The Housing Provider shall provide annually the following to the City:
(a) the Housing Providers annual occupancy report in the form titled "Proponent's Annual Occupancy Report" being Schedule "I" to the Contribution Agreement and the Housing Providers annual report in the form titled "Proponent's Annual Report", being Schedule "J" to the Contribution Agreement. The form of the 8
Proponent's Annual Occupancy Report and Proponent's Annual Report may be modified by the City at any time and from time to time.
(b) audited financial statements, prepared in accordance with generally accepted accounting principles except where otherwise established by City requirements, together with an auditor's report prepared by the auditor of the Housing Provider.
(2) The Housing Provider shall provide the material set out in subsection (1) within five (5) months of the end of each fiscal year of the Housing Provider.
Statistics 24. The Housing Provider shall, for statistical purposes, supply infommtion as required by the City from time-to-time, provided such information is reasonably available to the Housing Provider, as determined by the City.
Records 25. The Housing Provider shall:
(a) maintain financial records including, but not limited to, records related to rent collection and tenant income and eligibility verification, in a fonn satisfactory to the City;
(b) permit the City to inspect such records at all reasonable times; and
(c) retain all such records that relate to the Project for not less than seven (7) years from the end of the respective fiscal year.
Management 26. The Housing Provider shall manage the Project so that:
(a) an accumulated deficit is not incurred; and
(b) no expenditure is made which is of a material and excessive nature having regard to the normal practice of similar projects providing Affordable Housing Units.
Lending City Payments 27.(1) The Housing Provider shall not lend or give away any funds or guarantees or underwrite the repayment of any obligation of a third party that would or could result in an increase in the expenses for the Project.
(2) Without limiting the generality of subsection (I), the Housing Provider shall not, without the City's prior written consent, which may be withheld, lend or give away any funds granted under this Agreement to any person. 9
Maintenance 28. The Housing Provider and the City will enter into a subsequent shared facilities agreement which outlines each parties responsibilities and requirements.
Insurance Required During Regular Operations
29 .( l) After construction has been completed, the Housing Provider shall provide and maintain during the term of this Agreement the following insurance coverage:
(a) Broad Form Commercial General Liability Insurance subject to limits of not less than $5,000,000.00 for bodily injury, death and damage to property including loss of use thereof, and with a property damage deductible not exceeding $50,00 and the Broad Form Conunercial General Liability insurance shall be in the name of the Housing Provider and shall name The Corporation of the City of Kawartha Lakes as an additional insured thereunder;
(2) All policies mentioned in subsection (1) shall contain an endorsement to provide the City with (30) days prior written notice of cancellation or of a material change that would diminish coverage.
30. The Housing Provider shall furnish the City, with certificates of insurance as evidence of such insurance prior to execution of this Agreement and upon the a1U1iversary date(s) of all applicable polices described herein. If requested by the City from time to time the Housing Provider is to furnish certified copies of all policies as requested from (a) through (d) above.
31. The Housing Provider may be required by the City to provide and maintain additional msurance coverage related to this Agreement's requirements, under the following circwnstances:
(a) a change in the law;
(b) an increase in the value of the Project,
(c) as othcnvisc required under the Program; or
(d) as otherwise required by the City.
such that it would lead a prudent owner in similar circumstances to provide and maintain such additional insurance coverage. The Housing Provider shall provide and maintain such additional insurance coverage if, as and when so requested by the City and the City's decision to request such additional coverage shall be final and binding upon the Housing Provider. 10
32. Any review or approval by the City of any of the Housing Provider's insurance policies shall not relieve the Housing Provider of any responsibility hereunder.
INDEMNIFICATION
33. The Housing Provider shall indemnify and hold harmless the City, its officers, council members, partners, agents and employees from and against all actions, claims, demands, losses, costs, damages, suits or proceedings whatsoever which may be brought against or made upon the City and against all loss, liability, judgements, claims, suits, demands or expenses which the City may sustain or suffer resulting from or arising out of or in connection with this Agreement and/or the Housing Provider's participation in the Program and/or the failure to exercise reasonable care, skill or diligence or omissions in the performance or rendering of any work or service required hereunder to be performed or rendered by the Housing Provider, its agents, officials and employees.
Access 34. The Housing Provider shall permit the City to have access to the Project at all reasonable times.
Payment of Mortgage 35. The Housing Provider shall make all mortgage payments on the due dates and comply with all terms of its mortgages.
Mortgage 36.(l) The Housing Provider shall not mortgage, charge or otherwise encmnber the Project at any time during the term of the Agreement except with the prior approval of the City which may be granted or withheld at the City's sole discretion.
(2) Notwithstanding subsection (1) the City hereby consents to the registration of a first (1 si) Charge/Mortgage against the Property in the principal amount of $XXX, which is equivalent to the financial contributions described in the Contribution Agreement and such other amounts contemplated in Section 27(2) as set out in Schedule "C'', as determined by the Ciiy that are combined in the securiiy contempiated by the Contribution Agreement.
37. Any proceeds of any sale, rebates, refunds or remissions of any tax, duty, cost or expense received by the Housing Provider in relation to the development, capital cost or mortgage of the Project shall, unless otherwise approved in writing by the City, be applied to reduce the mortgages.
Access to Information 38. The Housing Provider shall provide the City with access to all information obtained by the Housing Provider under this Agreement, and shall immediately provide verification of such information if requested by the City. 11
39. The Parties acknowledge that, where applicable, this Agreement and its subject matter are subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.0. 1990, c.M.56, as amended.
Enforcement of Tenants' Obligations 40. The Housing Provider shall take appropriate and reasonable action to enforce the obHgations under the Tenants' lease provisions.
General
41. In order to assist applicants for housing, the Housing Provider shall:
(a) take appropriate steps to enable members of the public to obtain information about accommodation in the Project of the Housing Provider;
(b) provide written information to applicants about the eligibility criteria and the policies and procedures of the Housing Provider in relation to placement of applicants, the transfer of tenants and the reconsideration of decisions; and
(c) not charge applicants any fee for providing the information or for receiving or processing their application for housing.
Audit
42.(l) The City may cause its employees or agents to conduct an audit, investigation or inquiry in relation to the Housing Provider and the Project, and the Housing Provider shall co operate with the employees or agents of the City and provide full and free access to staff) projects, documents and records as determined by employees or agents of the City.
(2) Within sixty (60) days of the completion of any final audit report or other report under subsection (I) the City shall provide a copy of the reports to the Housing Provider unless the reports or circumstances identified in the audit report have been referred to a Jaw enforcement agency for inquiry.
Dispute Resolution 43.(l) The Housing Provider and the City agree that alternate dispute resolution processes such as mediation, appointment of a neutral third party evaluator or arbitration may be preferable to litigation as a way to resolve disputes that may arise under this Agreement and they agree to give good faith consideration to having resort to an alternate dispute resolution process before initiating legal or other proceedings to deal with any such disputes.
(2) The City and the Housing Provider agree that nothing contained in the subsection ( 1) shall affect or modify the rights and obligations of the City and the Housing Provider under the event of default and early termination provisions in of this Agreement. 12
Breaches 44. Jn addition to other instances of non-compliance set out in this Agreement, the following actions by the Housing Provider shall be a breach of this Agreement:
(a) tbc Housing Provider becomes bankrupt or insolvent or becomes subject to the provisions of the Banh'uptcy and Insolvency Act R.S.C. 1985, c.B-3 or any other Act for the benefit of creditors, or goes into liquidation either voluntarily or under an order of a court of competent jurisdiction or make a general assignment for the benefit of its creditors or enters into an arrangement or compromise or otherwise acknowledges its insolvency;
(b) the Housing Provider has failed to comply with any of its obligations or is in default under this Agreement or the Contribution Agreement, including the Schedules attached hereto;
(c) the Housing Provider has incurred an accumulated deficit or an expenditure deemed by the City in its sole opinion to be material and of an excessive nature, having regard to the normal practices of similar Housing Provider corporations;
(d) the Housing Provider fails to cause all of the Affordable Housing Units to remain occupied by eligible low-income households throughout the Term; or
(e) the Housing Provider has failed to manage the Project adequately, as a prudent landlord and/or owner would, as determined by the City acting reasonably.
Remedies 45.(1) In addition to other remedies set out in this Agreement, and subject to subsection (3), if the Housing Provider is in breach of this Agreement the City may exercise any of the following remedies in any combination that the City chooses in its sole discretion, and the remedy may be exercised for such time as the City deems appropriate:
(a) require the Housing Provider to provide additional information or documents to the City;
(b) if applicable, reduce, suspend or discontinue any payment payable under this Agreement at the City's discretion;
(c) termination of the Housing Provider's rights under the Agreement;
(d) require the Housing Provider to pay to the City the entire amount of the benefits conveyed under the Agreement, as set out in Schedule "C", together with any applicable costs and interest charged at the rate charge under the loan provided by the City for the construction of the Project and take-out financing;
(e) pursue any remedy available at law including, but not limited to injunctive relief, specific performance and damages; 13
(f) terminate this Agreement;
(g) perform any obligation of the Housing Provider by retaining a third party or authorizing City staff to perform the obligation and the cost of this shall be payable by the Housing Provider forthwith on demand; and
(h) appoint or seek the appointment of a manager and/or receiver, whether an officer, employee or agent of the City or not ("Receiver").
Delay (2) Waiver or delay in exercising a remedy shall not prevent the City from exercising the remedy at a later time for any breach of this Agreement.
Limitations on Remedies (3) Subject to subsection (4), the City shall give the Housing Provider written notice of any breach, specifying particulars, and if the Housing Provider does not remedy or commence remedying the breach to the City's satisfaction, in its sole discretion, within thirty (30) days from the date the notice is delivered and thereafter proceed diligently until such breach has been remedied, the City may exercise the remedies set out in subsection ( 1).
Emergencies (4) The City shall not be required to comply with subsection (3) if by doing so, in the City's sole judgement, would materially worsen the situation, would negatively affect the City' s rights under this Agreement, or would cause irreversible damage to the City's interests.
(5) The City shall not seek the appointment of a Receiver pursuant to clause ( 1)(h) unless
(a) the City has determined, in its sole discretion, that there are serious financial matters that could result or have resulted in the Housing Provider being unable to pay its debts as they become due; or
(b) the City has determined, in its sole discretion, that there continue to exist serious financial matters that could result or have resulted in the Housing Provider being unable to pay its debts as they become due and it is not feasible to reinstate the Housing Provider as a self.governed entity retaining substantial control of the management of the Project.
Equitable Remedies (6) The Housing Provider, without limiting any right to dispute whether there is a breach of the Agreement or apprehended breach:
(a) acknowledges that should it be in breach of this Agreement, damages will not always be an adequate remedy; and
(b) consents, to the granting by the Court, both temporarily and permanently, of injunctions and orders for specific performance and to the appointment of Receivers where sought by the City. 14
Receivership (7) When a Receiver is appointed by the City pursuant to clause (l)(h) the Receiver shall have the power to, with respect to the Project:
(a) take control, direction and possession, or any of them, of a project or the Project, the revenue and the assets of the Housing Provider the operation and books, records and accounts of the Housing Provider or any part of them;
(b) take control and direction of the employees and agents of the Housing Provider;
(c) receive and recover and use all revenues and assets of the Housing Provider;
( d) incur or pay debts or liabilities;
(e) complete the construction of the Project and maintain, operate and repair the Project; and
(f) execute and prosecute all suits, proceedings and actions which the Receiver considers necessary for the proper protection of the Project or a project to defend all suits, proceedings and actions against the Housing Provider or the Receiver, to appear in and conduct the prosecution and defence of any suit, proceeding or action, then pending or thereafter instituted and to appeal any suit, proceeding or action.
Change of Receiver (8) The City may:
(a) at any time and from time-to-time change, terminate or renew the mandate of the Receiver or replace or reinstate the Receiver, but the Housing Provider shall have no power to appoint, replace, reinstate or remove, or change, terminate or renew the mandate of the Receiver; and
(b) fix the reasonable remuneration of the Receiver who may deduct the same out of the revenues of the Housing Provider.
Termination of Receivership (9) A receivership appointed under clause (l)(h) shall terminate at the end of the one hundred 1 and eightieth ( 180 h) day after it becomes effective or such shorter or longer period of time as determined by the City in its sole discretion, unless the Court directs otherwise within that time and the Court may vary the terms of the appointment.
Reinstatement of Housing Provider (I 0) Without limiting any rights of the City under the Agreement, the City acknowledges that it is the intention of the City to reinstate the Housing Provider whenever feasible, as determined by the City, as a self-governed entity retaining substantial control of the 15
management of the Project, but its shall not be liable or responsible for any losses or damages suffered by the Housing Provider by reason of its failure to do so.
Agent of Housing Provider (1 1) The Receiver shall be deemed to be the agent or attorney of the Housing Provider and the City shall not be responsible for the Receiver's acts or omissions.
Ratification and Release ( 12) The Housing Provider:
(a) Wldertakes to ratify and confirm whatever the Receiver may do pursuant to the Receiver's mandate; and
(b) except for accounting for money and other property actually received by the Receiver, releases and discharges the City and the Receiver and everyone for whom either of them would be responsible from every claim of every nature which may arise to the Housing Provider or any person by reason of anything done or not done by the City or the Receiver or anyone for whom either of them would be responsible unless such claim be the direct and proximate result of gross negligence, dishonesty or fraud.
Additional Provisions 46.(1) The Housing Provider shall, if necessary, assist and cooperate with the City if the City requires cooperation in fulfilling its obligations under the Administration Agreement (as contemplated in paragraph in paragraph 21 (2) of this Agreement).
(2) Without restricting the generality of subsection (1 ), the Housing Provider shall:
(a) cooperate and assist the City's monitoring of whether all of the Project's Development Activities, which for the purposes of this Section, is as defined in the Contribution Agreement, are carried out as required by the Contribution Agreement, the Administration Agreement or as otherwise required by the Affordable Housing Program or this Agreement;
(b) provide all information requested by the City for the City to monitor the subject matter described in clause (a), as described in the Administration Agreement or as otherwise required by the Affordable Housing Program or this Agreement;
(c) provide documentation requested by the City which shows that occupancy of all units in the Project is permitted as required by the Affordable Housing Program or this Agreement;
(d) inform the City in writing of the following matters as soon as it becomes aware of them or as otherwise required by the Affordable Housing Program: 16
(i) any failure of the Housing Provider to carry out the development activities required in the Affordable Housing Program or any guidelines, directives, rules, orders or policies of the Affordable Housing Program or any failure to carry out such development activities in such a mrumer and within such time periods as are set out in the Affordable Housing Program or any guidelines, directives, rules, orders or policies of the Affordable Housing Program or otherwise set by the City;
(ii) actual or constructive notice of any construction lien affecting the Project;
(iii) any breach of this Agreement or any breach of the Contribution Agreement;
(iv) the Housing Provider becoming bankrupt or insolvent or taking the benefit of any act now or hereafter in force for bankrupt or insolvent debtors or filing any proposal or making any assignment for the benefit of creditors or any arrangement or compromise;
(v) the appointment of a receiver or a receiver and manager for all or a portion of the Project; and
(vi) the taking of any steps or actions or the institution of any proceedings by the Housing Provider or by any other party, including, without limitation, any court or government body of competent jW"isdiction for the dissolution, winding up or liquidation of the Housing Provider or its assets.
(3) Without restricting the generality of subsection (1), the Housing Provider shall assist the City by providing all information and infom1ation necessary for the City to fulfill its reporting obligations under the Administration Agreement.
(4) The definitions in the Administration Agreement and Contribution Agreement shall apply to like terms in this Agreement unless otherwise specifically defined. Where pursuant to the Administration Agreement the Province of Ontario has any right or remedy as against the City er the Housing Provider in respect of the Project, the Cit'f shall be entitled to exercise, at its sole discretion, the same remedy mutatis mutundis, as against the Housing Provider. To the extent of any conflict between the rights of the City pursuant to this Agreement or any right that the City wishes to pursue as against the Housing Provider described in either the Administration Agreement or Contribution Agreement, the City shall be the sole arbiter of determining which right and remedy it wishes and is entitled to pursue and the decision of the City shall be final and binding on the parties.
47.(1) The Parties acknowledge that the disbursement of funds to the City pursuant to the Administration Agreement and the AHP Program are subject to the necessary appropriations from the Federal Parliament and Provincial Legislature and the City. To 17
the extent that the appropriations arc not sufficient to fulfil the obligations under this Agreement and in particular the obligations of the City, Federal Parliament or Provincial Legislature, the City, Federal Parliament and Provincial Legislature are hereby relieved of any liability, loss or damages incurred by the Housing Provider directly or indirectly incurred or suffered as a result of such appropriations being insufficient.
(2) The City shall not be liable if there are no or insufficient funds available pursuant to subsection (1 ).
48. No member of
(a) the House of Commons or Senate of Canada;
(b) the Legislative Assembly of Ontario; or
(c) the municipal council, municipal agency, board or commission of the City of Kawartha Lakes,
shall be admitted to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom, including, without limitation, any contract, agreement, or commission arising from or related to the Affordable Housing Program.
49. Time shall be of the essence in this Agreement.
The remainder of this page was intentionally left blank 18
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized in that behalf on the date below indicated.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
per: Andy Letham> Mayor
per: Judy Currins, Clerk
We have the authority to bind the corporation
KAWARTHA LAKES HALIBURTON HOUSING CORPORATION
per: Hope Lee, CEO
I have the authority to bind the corporation 19
SCHEDULE "A"
Lindsay Street, Lindsay - Project Description
1. Project Location: The property is located in the Town of Lindsay in the City of Kawartha Lakes. The Housing Provider has been selected by the City of Kawartha Lakes to receive and to participate in IAH as authorized by Council, to assist in the construction of Affordable Housing Units.
2. Project Unit Mix: The Housing Provider shall use the funding which is the subject of this agreement toward twenty-four (24) units in this development.
3. Affordable Rents: For the purposes of this Agreement, no less than 24 of the project units shall have rents that meet the definition of affordable housing as described in this agreement.
4. Substantial Performance: The Housing Provider shall ensure that the Affordable Housing Units are ready for occupancy by tenants in accordance with applicable laws on or before January 1, 2019. 20
Schedule "B" Project Capital Budget
Land $0 Soft Costs $148,340 Construction Costs $3,851 ,660 $4,000,000 21
SCHEDULE "C"
Financial Benefits Extended pursuant to the Agreement and the Municipal Housing Project Facilities By-law
Item Estimated Value Planning Applications $2,404 Development Charges $215,568 Building Permit Fees $20,494 Landfill Tipping Fees $50,000 DAAP Fees $1,369 Service Connection Fees $3,900 Entrance Permit Fees $54 The Corporation of the City of Kawartha Lakes Council Report
Report Number HS2017-007
Date: October 24, 2017 Time: 2:00 p.m. Place: Council Chambers Ward Community Identifier: All
Subject: Affordable Housing – Office Space Project Update
Author Name and Title: Carolyn Daynes, Treasurer Rod Sutherland, Director of Human Services
Recommendation(s):
RESOLVED THAT Report HS2017-007, Affordable Housing – Office Space Project Update, be received; and
THAT the budget for capital project BP1705 (Office Space and Affordable Housing) be increased to $12,300,000 and refinanced as follows: (i) $3,600,000 in various housing-related grants, (ii) $1,900,000 in debenture to be repaid by rental revenue generated by the affordable housing portion of the building and (iii) $6,800,000 in debenture to be repaid by lease cost avoidance and revenue generated by the office portion of the building;
THAT the debenture financing of capital project BP1705 (Office Space and Affordable Housing) be increased to $8.7 million in total and be maintained and reported on separately from other debt until it is retired;
THAT the City Treasurer be authorized to refinance capital project BP1705 (Office Space and Affordable Housing) to reduce the reliance on debenture financing in the event the project receives additional grant or other external financing; and
THAT capital project BP1705 (Office Space and Affordable Housing) be designated a multi-year capital project with approval for 2017-2019, inclusive; and
Department Head:
Financial/Legal/HR/Other:
Chief Administrative Officer: Report HS2017-007 Affordable Housing – Office Space Project Update Page 2 of 6
THAT the application for a grant and loan under the Green Municipal Fund of the Federation of Canadian Municipalities for Capital Project BP1705 be endorsed; and
THAT an application for a grant under the Municipal Green House Gas (GHG) Challenge Fund for Capital Project BP1705 be endorsed.
Background:
In 2016 Council approved the design and development of a capital project to build office space and affordable housing at the north-east corner of Lindsay Street North and Queen Street in Lindsay. Capital Project BP1705 was approved in the 2017 City Budget at $8M, with $2.7M coming from grants and $5.3M through debenture.
The project was designed as a joint project with the Kawartha Lakes Haliburton Housing Corporation (KLHHC) as the operator of the expected 24 housing units. The grant funding associated with the budget is flowed through the KLHHC. The office space is primarily to house the City’s Human Services Department.
The financial model for the building is based on the portion of the building funded through debenture being cost neutral over the repayment period. The Corporate revenue realized for the office space paid by Human Services, and the housing rental revenue realized by the KLHHC, will cover the debenture.
Chamberlain Architect Services Limited was selected for the original design and also as Construction Manager for the actual construction of the building. Under this approach, the Construction Manager acts on behalf of the City through the process but the City maintains authority over the purchasing processes and contracts with individual trades.
Rationale:
Work on the building site began earlier in 2017 with site remediation. The site is a former railway yard and over 2,000 tonnes of contaminated soil was removed as part of the clean-up.
Construction tenders were issued starting in the summer of 2017. The tendering process has been challenging to date. The first round of tenders resulted in very few submissions and for some aspects of the build, no submissions were received.
In conjunction with the Construction Manager, City Purchasing staff continued to solicit and receive bids to move the project forward.
To date, contracts have been awarded for most aspects of construction with the exception of interior finishing. While the issuing of contracts has taken longer Report HS2017-007 Affordable Housing – Office Space Project Update Page 3 of 6 than anticipated and delayed the start of construction, the target of completing the housing units by the end of 2018 is achievable. The deadline for completion of the housing units is a requirement of the housing funding under the Social Investment Fund. The full completion of the office space does not impact any of the grants so may be slightly delayed if necessary to focus on completion of the housing units.
Further tenders will be issued in the coming weeks and months for the remaining components.
The 2017 Capital Budget for this project (BP1705) was developed based on initial estimates from the design architects and anticipated grants at that time. The financing model combining the grants and debenture was, and remains, a key component of the project. The grants are allocated solely toward the housing units as a condition of the funding while a portion of the debenture will be repaid by rental income received by the KLHCC with the remaining debenture repaid by lease cost avoidance and revenue generated by the office portion of the building.
The original budget estimate for the entire project is $8M. Based on actual bids and contracts for construction, the actual cost of the project is now estimated at approximately $12.3M. As some tenders are still outstanding, the estimate is based on anticipated costs.
The primary cost drivers have been market conditions and demand. With the volume of development in the region, tender bids have been much higher than originally anticipated. Where possible and permitted, there have been adjustments made in the scope of work and materials to reduce costs; however the overall budget remains higher than originally estimated.
The financing model for the project, a combination of grants and debenture, remains viable to maintain self-sustainability. Based on the ability to secure additional housing grants, the KLHHC will now be able to flow grant funding totaling up to $3.6M and cover the debenture up to $1.9M. The capital funding allocation under Home for Good, announced by the Ministry of Housing in September, provides $600,000 that is being allocated to this project. Further details on the Home for Good funding are provided in Council Report HH2017- 003, dated October 24, 2017.
Table 1 below identifies the total Federal/Provincial funding allocated to the housing units. This is the maximum grant level that can be allocated, representing a maximum of $150,000/unit. Table 1: Federal and Provincial funding to Lindsay St. North Project Program Funding Amount
Year 3 (2016-17) Investment in Affordable Housing $517,759 2014 Extension (IAHE)
Year 1 (2016-17) 2016 Social Infrastructure Fund (SIF) $2,070,000
Year 3 (2018-19) 2016 Social Infrastructure Fund (SIF) $412,241
Year 1 (2017-18) Home For Good $600,000
Total Grant Funding $3,600.000
The funding in Table 1 can only be attributed to the construction of the housing units, not the office space. This overall budget level can be sustained, without direct tax support funding, through the operation of 24 units at affordable rates, over a period of 25 years (based on estimated debenture rate of 3.35%).
With up to $5.5M of the total project funding coming from the Housing allocations above ($3.6M grants, $1.9M debenture) the balance of the building construction, that being $6.8M for the office space, can be financed through a debenture that is repaid from leasing cost avoidances and revenues.
Based on the increased gross budget, the debenture and repayment period will be lengthened to 30 years to maintain the self-financing model. A physical asset such as a building can readily and realistically be financed over a longer period than originally envisioned.
An application has also been submitted to the Federation of Canadian Municipalities (FCM) under the Green Municipal Fund (GMF). The building design is targeting a net zero energy use through the inclusion of energy efficiencies including a solar roof system. If approved, the City could secure a low interest loan of up to $5M in addition to a grant of up to approximately $600,000. The loan would be managed similar to the debenture while a grant would reduce the overall debenture requirement. A decision from FCM is not expected before February 2018. In support of the GMF application, the FCM has requested a specific Council resolution in support of the grant and loan application. This has been incorporated in the recommended resolution for this report.
In recent weeks, additional funding opportunities have been identified that may be appropriate for consideration in support of this project. The Municipal Green House Gases (GHG) Challenge Fund is available to municipalities and can provide a grant of up to $10M per eligible project. The application deadline is November 14, 2017. Staff will investigate this fund further to determine if this project may be eligible. Further information will be required to determine the
Report HS2017-007 Affordable Housing – Office Space Project Update Page 5 of 6 ability to combine this funding with other sources prior to the submission of an application; however, if there is the potential to offset costs and support the project, an application will be made. Due to the short lead time, staff have included a resolution in support of an application to the GHG Challenge Fund for this project. Should an application be successful, the revised financing requirements for the project will be reported to Council.
Other Alternatives Considered:
Consideration could be given to adding funding for the project in the 2018 tax supported Capital Budget instead of increasing the debenture level. Although this would reduce the need to temporarily increase the debt limit, the long term cost would be higher. The debenture repayment through the proposed leasing cost avoidance and revenues covers all project costs making it the preferred and recommended approach.
Financial/Operation Impacts:
With additional grant funding and an extension of the debenture repayment period, the $4.3M increase in capital cost anticipated for the Human Services Building can be absorbed so as to maintain the self-financing model for the project. Thus, the project will continue without placing added pressure onto the tax levy or capital reserve.
The total debenture that will be used for financing has now increased from the $5.3 Million, as originally estimated, to $8.7 Million, using more updated costing information. The Housing Corporation will fund $1.9 Million of the total debenture by offsetting rental income in the housing units in the building. This approximates to $130,000 in debenture principle and interest payments annually. The additional $6.8 Million in debenture payments will be funded by the tax levy budget as follows:
Annual Principle and Interest on $6.8M debenture $500,000
Human Services Administration grant ($130,000)
Rent for Human Services recorded as revenue in the ($260,000) City Tax levy Budget
Net Tax Levy Impact – With Building $110,000
Former Tax Levy Impact $100,000
Net Increase in Tax Levy $10,000
Please note that these are approximate projections as the rental income between the City and Human Services has not been finalized. Report HS2017-007 Affordable Housing – Office Space Project Update Page 6 of 6
This increase in debenture will not affect the debt limit as this keeps the level under the debt limit. In addition it will continue to decline as the debenture is paid off, similar to the previous Council motion on the original $5.3Million.
The project was always intended to span 2017 and 2018, with construction starting in 2017 and complete by the end of 2018. The change to specifically designate it as a multi-year project means that it does not require an extension as part of the 2017 Capital Close Report that is due after June 30, 2018 for projects that are not complete by that date.
Relationship of Recommendation(s) To The 2016-2019 Strategic Plan:
This capital project relates directly to the City’s Strategic Goal #2 of An Exceptional Quality of Life: Increase the Supply of Affordable Housing and the City’s Asset Management Plan.
Consultations:
Manager of Corporate Assets Manager of Financial Services Buyer, Purchasing Division Manager of Housing
Department Head E-Mail: [email protected] Department Head: Rod Sutherland
The Corporation of the City of Kawartha Lakes Council Report
Report Number HS2018-001
Date: April 24, 2018 Time: 2:00 p.m. Place: Council Chambers Ward Community Identifier: All
Subject: Green Municipal Fund Agreement
Description: Authorizating the execution of an agreement with the Federation of Canadian Municipalities for a loan and grant under the Green Municipal Fund
Author and Title: Rod Sutherland, Director of Human Services
Recommendation(s):
That Report HS2018-001, Green Municipal Fund Agreement, be received; and
That the necessary by-law authorizing the execution of an agreement with the Federation of Canadian Municipalities be presented to Council for adoption.
Department Head:
Financial/Legal/HR/Other:
Chief Administrative Officer:
Report HS2018-001 Green Municipal Fund Agreement Page 2 of 3
Background:
On October 24, 2017 Council received Report HS2017-007, Affordable Housing – Office Space Project Update. As part of the subsequent resolution, CR2017- 926, Council endorsed the submission of an application to the Federation of Canadian Municipalities’ (FCM) Green Municipal Fund as follows:
…THAT the application for a grant and loan under the Green Municipal Fund of the Federation of Canadian Municipalities for Capital Project BP1705, be endorsed;
The City’s application to the Green Municipal Fund (GMF) was submiited in November 2017.
The GMF provides funding for municipal environmental initiatives that improve air, water, and soil, and reduce greenhouse gas emissions. Funded by the Government of Canada, GMF funding is available to all Canadian municipal governments and their partners for eligible projects through an evaluative two- stage application process. Applications accepted to the second stage are reviewed by independent reviewers with expertise in specific environmental fields.
The City’s application to GMF highlighted a project goal of achieving a net-zero design. A net-zero building is designed and built to include on-site renewable energy systems, such as solar and geothermal, so that the building may produce as much energy as it consumes on a yearly basis. The opportunity to collaborate with GMF on this project could provide longer term benefits to the City in support of sustainable planning and future municipal projects.
Rationale:
The FCM has advised the City that application to the GMF was approved for the maximum loan of $5M and grant of $750,000 to support the energy efficiency design of the joint Human Services Office / Affordable Housing project at 68 Lindsay St. North. The grant and loan fall under the GMF’s Capital Funding stream, specifically for energy efficient design. The value of the grant is based on a percentage of the loan, up to 15%. The grant is not available without the loan portion.
The FCM will be making a formal announcement regarding the City’s funding in the coming weeks. The City cannot make a formal funding announcement until that time, however, Council approval is required to execute the agreement at this time. A by-law authorizing the execution of the agreement with FCM is being presented to Council for approval. Report HS2018-001 Green Municipal Fund Agreement Page 3 of 3
The grant and low-interest loan from FCM, provided by the Government of Canada, is being allocated to the existing approved project budget, it is not an increase to the approved budget. The City’s Treasurer has reviewed the financing of the overall project to incorporate the GMF funds within the approved project budget, reducing the balance of the debenture. The applicable Borrowing By-Law will be brought to Council for approval once the specific disbursement dates and terms are finalized.
Other Alternatives Considered:
Declining the Green Muncipal Fund and fully financing the project through debenture remains an option, however, the ability to partner with FCM reduces the net cost of finanicing this project in the long term.
Financial Impacts:
The loan portion of the funding from FCM is at an interest rate equal to the average of the Government of Canada ten year benchmark bond yield and the long-term Government of Canada benchmark bond yield; or 4.25%, whichever is higher. While this rate is slightly higher than the available rate from Infrastructure Ontario, the combination of the GMF grant and loan provides a net financial benefit in the long term of approximalty $350,000.
Relationship of Recommendation(s) To The 2016-2019 Strategic Plan:
The recommendation relates to City’s Strategic Goals of A Vibrant and Growing Economy and A Healthy Environment.
Consultations:
City Treasurer
Department Head E-Mail: [email protected] Department Head: Rod Sutherland
The Corporation of the City of Kawartha Lakes MINUTES REGULAR COUNCIL MEETING
CC2017-010 Tuesday, April 4, 2017 Closed Session Commencing at 1:00 p.m. Open Session Commencing at 2:00 p.m. Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8
MEMBERS:
Mayor Andy Letham Councillor Isaac Breadner Councillor Pat Dunn Councillor Doug Elmslie Councillor Gord James Councillor Gerard Jilesen Councillor Brian S. Junkin Councillor Rob Macklem Councillor Mary Ann Martin Councillor Gord Miller Councillor Patrick O'Reilly Councillor John Pollard Councillor Kathleen Seymour-Fagan Councillor Heather Stauble Councillor Stephen Strangway Councillor Andrew Veale Councillor Emmett Yeo
Accessible formats and communication supports are available upon request.
Regular Council Meeting April 4, 2017 Page 2 of 15 1. CALL TO ORDER Mayor Letham called the Meeting to order at 1:30 p.m. Councillors I. Breadner, P. Dunn, G. James, G. Jilesen, B. Junkin, R. Macklem, M.A. Martin, G. Miller, P. O'Reilly, J. Pollard, H. Stauble, and A. Veale were in attendance. CAO R. Taylor, City Clerk J. Currins and various other staff members were also in attendance. Late Arrival: Councillor E. Yeo 1:36 p.m. 2. ADOPTION OF CLOSED SESSION AGENDA
CR2017-268 Moved By Councillor Martin Seconded By Councillor Pollard RESOLVED THAT the Closed Session agenda be adopted as circulated. CARRIED 3. DISCLOSURE OF PECUNIARY INTEREST IN CLOSED SESSION ITEMS There were no declarations of pecuniary interest noted. 4. CLOSED SESSION
CR2017-269 Moved By Councillor Dunn Seconded By Councillor Breadner RESOLVED THAT Council convene into closed session at 1:31 p.m. in order to consider matters on the Tuesday, April 4, 2017 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. CARRIED 5. OPENING CEREMONIES 5.1 Call Open Session to Order Mayor Letham called the Open Session of the Meeting to order at 2:00 p.m. Councillors I. Breadner, P. Dunn, G. James, G. Jilesen, B. Junkin, R. Macklem, M.A. Martin, G. Miller, P. O'Reilly, J. Pollard, H. Stauble, A. Veale and E. Yeo were in attendance. CAO R. Taylor, City Clerk J. Currins and various other staff members were also in attendance.
Regular Council Meeting April 4, 2017 Page 3 of 15 5.2 O Canada The Meeting was opened with the singing of 'O Canada'. 5.3 Moment of Silent Reflection The Mayor asked those in attendance to observe a Moment of Silent Reflection. 5.4 Adoption of Open Session Agenda CR2017-274 Moved By Councillor Stauble Seconded By Councillor Martin
RESOLVED THAT the Agenda for the Open Session of the Regular Council Meeting of Tuesday, April 4, 2017, be adopted as circulated and with the following amendments: Additions: 10.1.5 Barry Baxter, President, Kawartha Lakes Haliburton Federation of Agriculture Farm Land Tax Rate (Item 10.3.1 on the Agenda) CARRIED 6. DISCLOSURE OF PECUNIARY INTEREST There were no declarations of pecuniary interest noted. 7. MATTERS FROM CLOSED SESSION Item 4.2U CR2017-275 Moved By Councillor Pollard Seconded By Councillor Martin RESOLVED THAT an exemption to Sections 8.01 and 8.03 of the City Purchasing Policy, be approved, for the purpose of entering into a lease agreement at 24 King Street East, Omemee, ON to relocate the Omemee Public Library. CARRIED Item 4.3 CR2017-276 Moved By Councillor James Seconded By Councillor O'Reilly
Regular Council Meeting April 4, 2017 Page 4 of 15 RESOLVED THAT, as further direction to that part of Council Resolutions CR2016-591 and CR2016-599, which stated “the City Treasurer be directed to pay Ron Robinson Ltd. in the amount of $446,125.40 in exchange for full settlement of Court File Number CV-10-101541-00 and CV-14-505340 on a without-cost basis”, Council more specifically direct the City Treasurer as follows: • Payments will be made as follows: • $446,105.40 will be paid to Ron Robinson Limited from the DC Reserve ($38,258.37 of which will be paid from the water distribution DC reserve account; the balance of $407,847.03 will be paid out of the sewage collection DC reserve account); • $100,968.97 will be paid from the sewage collection DC reserve account to the revenue line of the 2017 Operating Budget for the Risk Management division 11420.48110) to offset the 2017 Operating budget of the Risk Management division for costs incurred in previous years; All credits owing to Ron Robinson Limited will have been cashed by the above actions; no further amounts are owing and the Manager of Corporate Assets is directed to amend the DC Reserve Fund Reconciliation. CARRIED 8. PUBLIC INFORMATION 8.1 Presentations 8.2 Invited Guests (Quarterly Basis) 8.3 Notices and Information by Members of Council and Staff 8.3.1 Council Councillor Stauble advised that a food drive Fill-A-Bus will take place on April 8 from 9 a.m. to 1 p.m. in front of Food Basics with food donations for Kawartha Lakes Food Source. The City Transit Department will be sponsoring this effort.
Councillor Junkin noted that the Kawartha Promoter will be distributed throughout Kawartha Lakes by Canada Post starting in April. This was made possible through funding from CFDC. Councillor O’Reilly made the following announcements: at the LEX – Kawartha Sportsman Show on April 7, 8 and 9th at the LEX – H.B. Cycle Trailer Show and Sale on April 22 and 23rd There will be a Vimy Dinner on Sunday April 9that 6:00 p.m. at the Lindsay Royal Canadian Legion to commemorate the 100th Anniversary The Strumbellas performed at the Juno’s last Sunday and won Song of the Year
Regular Council Meeting April 4, 2017 Page 5 of 15
The Enforcers are playing at the Armouries on April 22nd for a fundraising event for the Big Brothers and Big Sisters of Kawartha Lakes
Mayor Letham announced that a Spaghetti Dinner is being held at the Janetville Community Centre on April 8th. 8.3.2 Staff 8.4 Notice of Motion 9. DEPUTATIONS 9.1 CC2017-010.9.1
Paul Brown, Chair, Agricultural Development Advisory Board Farm Land Tax Rate Paul Brown, Chair of the Agricultural Advisory Committee addressed Council about the farm land tax ratios proposed within the Report on the Agenda. He reiterated the position of the Committee and requested that Council reduce the tax ratio to 20%, phased in over 4 years, to mitigate the effects of the recent increases in farm assessments. Mr. Brown noted that the agricultural sector is sensitive to expense increases. He asked Council for their consideration of this request.
CR2017-277 Moved By Councillor Junkin Seconded By Councillor Stauble RESOLVED THAT the deputation of Paul Brown, Chair of the Agricultural Development Advisory Board regarding Farm Land Tax Rate, be received. CARRIED 9.2 CC2017-010.9.2 Barry Baxter, President, Kawartha Lakes-Haliburton Federation of Agriculture Ben LeFort, Senior Farm Policy Analyst, OFA Farm Land Tax Rate Mr. Barry Baxter, President of the Kawartha Lakes-Haliburton Federation of Agriculture introduced Mr. Ben LeFort, Senior Farm Policy Analyst with the Ontario Federation of Agriculture who provided an overview of the impact of tax ratios on the sector. He reviewed the impact on farm taxes and asked that the farm ratio result in no greater proportion of taxes being paid by the farm taxpayers. He asked that the ratio be decreased and phased in over four years. Farmers worry that it is a never ending cycle of changing assessments. The
Regular Council Meeting April 4, 2017 Page 6 of 15 Federation is willing to work with municipalities and open discussions to come up with a solution. CR2017-278 Moved By Councillor Stauble Seconded By Councillor Veale RESOLVED THAT the deputation of Barry Baxter, President, Kawartha Lakes- Haliburton Federation of Agriculture and Ben LeFort, Senior Farm Policy Analyst, Ontario Federation of Agriculture regarding Farm Land Tax Rate, be received. CARRIED 10. CONSENT MATTERS The following items were requested to be extracted from the Consent Agenda: Councillor Breadner Item 10.1.2 Mayor Letham Item 10.3.1 Councillor Pollard Item 10.3.4 Moved By Councillor Veale Seconded By Councillor O'Reilly RESOLVED THAT all of the proposed resolutions shown in Section 10.1, 10.2 and 10.3 of the Agenda be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered, save and except 10.1.2, 10.3.1 and 10.3.4. CARRIED 10.1 Correspondence 10.1.1 CC2017-010.10.1.1 Memorandum Agricultural Development Advisory Board Farm Land Tax Rate CR2017-279 RESOLVED THAT the April 4, 2017 Memorandum from Agricultural Development Advisory Board, regarding farmland tax rate, be received. CARRIED 10.1.3 CC2017-010.10.1.3
Regular Council Meeting April 4, 2017 Page 7 of 15 Lois Batty, President, Victoria Beef Farmers Farm Land Tax Rate CR2017-280 RESOLVED THAT the March 24, 2017 correspondence from Lois Batty, President, Victoria Beef Farmers, regarding farm land tax rate, be received. CARRIED 10.1.4 CC2017-010.10.1.4 Scott Robertson, Executive Director, Boys and Girls Clubs of Kawartha Lakes Request for Relief from Providing Securities Associated with Site Plan CR2017-281 RESOLVED THAT the March 22, 2017, correspondence from Scott Robertson, Executive Director, Boys and Girls Club Kawartha Lakes, regarding a Request for Relief from Providing Securities Associated with Site Plan, be received and referred to staff for report back to Council on April 18, 2017. CARRIED 10.1.5 CC2017-011.10.1.5 Barry Baxter, President, Kawartha Lakes Haliburton Federation of Agriculture Farm Land Tax Rate CR2017-282 RESOLVED THAT the correspondence from Barry Baxter, President, Kawartha Lakes Federation of Agriculture, regarding Farm Land Tax Rate, be received. CARRIED 10.2 Minutes from: 10.2.1 Council 10.2.1.1 CC2017-010.10.2.1.1 Minutes, Regular Council Meeting March 21, 2017 CR2017-283 RESOLVED THAT the Minutes of the March 21, 2017 Regular Council Meeting, be received and adopted. CARRIED 10.2.2 Committees of Council, Advisory Boards and Task Forces
Regular Council Meeting April 4, 2017 Page 8 of 15 10.3 Reports 10.3.2 PUR2017-027 Karen Buckley, Buyer Richard Monaghan, Sr. Engineering Technician Tender 2017-36-OT Shoulder Gravel Rehabilitation on Specified Roads CR2017-284 RESOLVED THAT Report PUR2017-027, Tender 2017-36-OT Shoulder Gravel Rehabilitation on Specified Roads, be received; THAT Drain Bros. Excavating Limited of Douro-Dummer be selected for the award of Tender 2017-36-OT Shoulder Gravel Rehabilitation on Specified Roads, for the tender price of $183,400.00, net HST; THAT subject to receipt of the required documents, the Mayor and City Clerk be authorized to execute the agreement to award Tender 2017-36-OT Shoulder Gravel Rehabilitation on Specified Roads; and THAT the Purchasing Division be authorized to issue a purchase order. CARRIED 10.3.3 PUR2017-028 Karen Buckley, Buyer Richard Monaghan, Sr. Engineering Technician Tender 2017-40-OT Street Sweeping Services CR2017-285 RESOLVED THAT Report PUR2017-028, Tender 2017-40-OT Street Sweeping Services, be received; THAT Bruell Contracting Limited of Toronto be selected for the award of Tender 2017-40-OT for the tender price of $155,925.00, plus HST; THAT subject to the receipt of the required documents, the Mayor and City Clerk be authorized to execute the agreement to award Tender 2017-40-OT Street Sweeping Services; and THAT the Purchasing Division be authorized to issue a purchase order. CARRIED 10.3.5 HH2017-001 Hope Lee, Manager of Housing New Affordable Housing and Human Services Offices – Municipal Incentives CR2017-286 RESOLVED THAT Report HH2017-001, New Affordable Housing and Human
Regular Council Meeting April 4, 2017 Page 9 of 15 Services Offices – Municipal Incentives, be received; THAT an exemption be provided for any and all municipal fees and charges including, but not limited to Site Plan Process, Building Permit Fees, Landfill Tipping Fees, Development Application Approval Process (DAAP) Fees, Service Connection Fees and Entrance Permit for the development of both the Affordable Housing and Human Services Office components of the new build at the corner of Lindsay and Queen Streets in Lindsay; THAT the affordable housing exemptions are provided through a Municipal Housing Facilities Agreement (MHFA) and Bylaw included as Attachment A to Report HH2017-001; THAT Landfill Tipping Fees are provided through an exemption to Section 5.01 of By-Law 2016-144; THAT Service Connection are provided through an exemption to Section 23.01 of By-Law 2011-260; THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval decision; and THAT a By-law, substantially in the form attached as Attachment A to Report HH2017-001 be forwarded to Council for adoption. CARRIED 10.3.6 MLE2017-003
Aaron Sloan, Manager of Municipal Law Enforcement Prohibited and Timed Parking Areas CR2017-287 RESOLVED THAT Report MLE2017-003, Amendments to the Parking By-law 2012-173, be received; THAT the Parking By-law 2012-173, be amended to include the addition of a 3 hour time limited parking area on William St. S. in Lindsay on the east side from a point south of Russell Street approximately 89 metres; THAT the Parking By-law 2012-173, Schedule “A” be amended to include a prohibited parking area on Mary Street West in Lindsay on the south side of the road from McQuarrie Road west to a point 130 metres between the hours of 8:00 a.m. and 11:00 a.m. and between 2:00 p.m. and 4:00 p.m. Monday to Friday; THAT the Parking By-law 2012-173, Schedule “A” be amended to include a prohibited parking area on Mary Street West in Lindsay on the north side of the road from Angeline Street to a point west 73 metres; THAT the Parking By-law 2012-173, Schedule “A” be amended to include a prohibited parking area on Kent Street West in Lindsay on the south side from Angeline Street east to Victoria Avenue;
Regular Council Meeting April 4, 2017 Page 10 of 15 THAT the Parking By-law 2012-173, Schedule “A” be amended to include a prohibited parking area on both sides of Pottinger Street in Lindsay from Adelaide Street to a point west until the end of the roadway, between the hours of 8:00 a.m. and 11:00 a.m. and between 2:00 p.m. and 4:00 p.m. Monday to Friday; and THAT the amended By-Law be forwarded to Council for adoption. CARRIED 10.4 Items Extracted from Consent 10.1.2 CC2017-010.10.1.2
Memorandum Kelly Maloney, Economic Development Officer – Agriculture Hunting and Trapping Options in Rural and Urban Areas CR2017-288 Moved By Councillor Breadner Seconded By Councillor Yeo RESOLVED THAT the April 4, 2017 Memorandum from Kelly Maloney, Economic Development Officer - Agriculture, regarding Hunting and Trapping Options in Rural and Urban Areas, be received; and THAT staff provide a report with further detail on the costs associated with an urban trapping program as well as Preventative measures and ways of deterring coyotes in urban areas. CARRIED 10.3.1 CORP2017-005 Christine Norris, Manager, Revenue and Taxation/Deputy Treasurer 2017 Tax Policy Decisions CR2017-289 Moved By Councillor Miller Seconded By Councillor Yeo RESOLVED THAT Report CORP2017-005, 2017 Tax Policy Decisions, be received; THAT optional property classes for the 2017 tax year are not adopted; THAT for 2017 the tax rate reduction for vacant and excess land be set as follows: Commercial: 30% Industrial: 35%
Regular Council Meeting April 4, 2017 Page 11 of 15 THAT for 2017 the tax rate reduction First Class Undeveloped Farm Land be set at 45%; THAT staff investigate the impact of eliminating, or reducing, the tax reduction factor for vacant and excess land in the commercial and industrial property classes effective 2018, reporting back to Council on the results in the Q4 2017; THAT the City of Kawartha Lakes implement capping and threshold parameters as shown below:
Commercial Industrial
10% 10% Annualized Tax limit
10% 10% Prior Year's CVA Tax Limit
500 500 CVA Tax Threshold for protected properties (Increasers) ($0 to $500) and/or
500 500 CVA Tax Threshold for clawed back properties (Decreasers) ($0 to $500)
* * Properties that were at CVA Tax in 2016 or that would cross over CVA Tax in 2017 are to be excluded from capping.
THAT the decrease clawback parameters for 2017 be set as shown below; Multi-Residential: 0% Commercial: 0% Industrial: 0% THAT the commercial tax ratio be applied to the landfill property class; THAT revenue neutral tax ratios for the multi-residential, commercial, industrial and pipeline broad property classes be adopted for 2017; and THAT the necessary By-laws be forwarded to Council for adoption. CARRIED Moved By Councillor Stauble Seconded By Councillor Martin RESOLVED THAT the farmland tax rate be reduced from 25% to 20% of the Residential Rate in an incremental fashion with a reduction of one and a quarter
Regular Council Meeting April 4, 2017 Page 12 of 15 percent (1.25%) each year over four years, aligning with the phase in of the increased assessment values faced by farmers due to increasing land costs. This would provide for a 23.75% rate in 2017, 22.50% in 2018, 21.25% in 2019 and 20% in 2020; and THAT the necessary By-laws be forwarded to Council for adoption. A recorded vote was requested by Councillor Stauble. Recorded For Against Absent Mayor Letham X Councillor Breadner X Councillor Dunn X Councillor Elmslie X Councillor James X Councillor Jilesen X Councillor Junkin X Councillor Macklem X Councillor Martin X Councillor Miller X Councillor O'Reilly X Councillor Pollard X Councillor Seymour-Fagan X Councillor Stauble X Councillor Strangway X Councillor Veale X Councillor Yeo X Results 5 9 3
MOTION FAILED
Regular Council Meeting April 4, 2017 Page 13 of 15 10.3.4 PUR2017-029 Debbie Ball, Buyer Corby Purdy, Supervisor/Infrastructure, Design, Construction Tender 2017-17-CT Replacement of Centennial Park Road Bridge CR2017-290 Moved By Councillor Pollard Seconded By Councillor Jilesen RESOLVED THAT Report PUR2017-029, Tender 2017-17-CT - Replacement of Centennial Park Road Bridge, be received; THAT Four Brothers Construction of Woodville, be selected for the award of Tender 2017-17-CT for Replacement of Centennial Park Road Bridge for the tender price of $218,893.00, plus HST; THAT DM Wills Associates Ltd. be selected for the single source award for contract administration and inspection in the amount of $29,840.00 plus HST; THAT subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the agreement to award this tender; and THAT Purchasing Division be authorized to issue a Purchase Order. CARRIED 11. COMMITTEE OF THE WHOLE 12. COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES 13. CORRESPONDENCE AND PETITIONS 14. OTHER OR NEW BUSINESS 15. BY-LAWS The mover requested the consent of Council to read the by-laws by number only. Moved By Councillor Martin Seconded By Councillor Stauble
RESOLVED THAT the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.5 be read a first, second and third time, passed, numbered, signed and the corporate seal attached. CARRIED
Regular Council Meeting April 4, 2017 Page 14 of 15 15.1 By-Laws by Consent
15.1.1 CR2017-291 A By-law to Authorize the Imposition of Special Charges Relating to the Septic Rehabilitation Loan Program on 306 Forest Harbour Trail, Bobcaygeon, in the City of Kawartha Lakes
15.1.2 CR2017-292 A By-law to Authorize the Entering into of an Agreement for the Provision of Municipal Housing Facilities in Respect of the Investment in Affordable Housing for Ontario Program ("IAH Program") and the Social Infrastructure Funding (SIF) with Kawartha Lakes Haliburton Housing Corporation for the Lindsay Street Project
15.1.3 CR2017-293 A By-law to Establish and Assume a Parcel of Land Legally Described as Lot 61 RCP 547 as Part of Sun Valley Road, in the Township of Mariposa, City of Kawartha Lakes, being PIN: 63194-0318(LT)
15.1.4 CR2017-294 A By-law to Repeal By-law 2007-024 Being a By-law Dealing with Collection, Removal and Disposal of Solid Waste within the City of Kawartha Lakes
15.1.5 CR2017-295 A By-law to Authorize the Execution of a Letter of Agreement Between Her Majesty in Right of the Province of Ontario as represented by the Minister of Economic Development and Growth for the Province of Ontario (the “Ministry”) and the Corporation of the City of Kawartha Lakes Related to Funding Provided by the Province of Ontario for the Summer Company Program
15.2 By-Laws Extracted from Consent 16. CLOSED SESSION (IF NOT COMPLETED PRIOR TO OPEN SESSION) 17. MATTERS FROM CLOSED SESSION 18. CONFIRMING BY-LAW CR2017-296 Moved By Councillor Macklem Seconded By Councillor Yeo
Regular Council Meeting April 4, 2017 Page 15 of 15 RESOLVED THAT a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, April 4, 2017 be read a first, second and third time, passed, numbered, signed and the corporate seal attached. CARRIED 19. ADJOURNMENT CR2017-297 Moved By Councillor Veale Seconded By Councillor James RESOLVED THAT the Regular Council Meeting adjourn at 2:54 p.m. CARRIED Read and adopted this 18th day of April, 2017.
______Andy Letham, Mayor Judy Currins, City Clerk
The Corporation of the City of Kawartha Lakes MINUTES REGULAR COUNCIL MEETING
CC2017-29 Tuesday, October 24, 2017 Open Session Commencing at 2:00 p.m. Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8
MEMBERS: Mayor Andy Letham Councillor Isaac Breadner Councillor Pat Dunn Councillor Doug Elmslie Councillor Gord James Councillor Gerard Jilesen Councillor Brian S. Junkin Councillor Rob Macklem Councillor Mary Ann Martin Councillor Gord Miller Councillor Patrick O'Reilly Councillor John Pollard Councillor Kathleen Seymour-Fagan Councillor Heather Stauble Councillor Stephen Strangway Councillor Andrew Veale Councillor Emmett Yeo
Accessible formats and communication supports are available upon request.
Regular Council Meeting October 24, 2017 Page 2 of 32 1. CALL TO ORDER Note to Minutes: This Item was dealt with under Item 5.1. 2. ADOPTION OF CLOSED SESSION AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST IN CLOSED SESSION ITEMS Note to Minutes: This item was dealt with under Item 6. 4. CLOSED SESSION 5. OPENING CEREMONIES 5.1 Call Open Session to Order Mayor Letham called the Open Session of the Meeting to order at 2:00 p.m. Councillors I. Breadner, P. Dunn, D. Elmslie, G. James, G. Jilesen, B. Junkin, R. Macklem, M.A. Martin, G. Miller, P. O'Reilly, J. Pollard, K. Seymour-Fagan, S. Strangway, A. Veale and E. Yeo were in attendance. CAO and Acting City Clerk R. Taylor, Deputy Clerk A. Rooth, Administrative Assistant M. Warren and various other staff members were also in attendance.
Early Departures: Councillor G. Miller 4:55 p.m. Councillor P. Dunn 4:57 p.m. 5.2 O Canada The Meeting was opened with the singing of 'O Canada'. 5.3 Moment of Silent Reflection The Mayor asked those in attendance to observe a Moment of Silent Reflection. 5.4 Adoption of Open Session Agenda
CR2017-899 Moved By Councillor Martin Seconded By Councillor Junkin RESOLVED THAT the Agenda for the Open Session of the Regular Council Meeting of Tuesday, October 24, 2017, be adopted as circulated and with the following amendments:
Additions - DEPUTATIONS
2 Regular Council Meeting October 24, 2017 Page 3 of 32 9.3 Susan Bigness Preferred Waste Collection Option - Shadow Lake Road 2 (Report WM2017-010, Item 10.3.14 on the Agenda)
9.4 Neil Evans Preferred Waste Collection Option - Shadow Lake Road 2 (Report WM2017-010, Item 10.3.14 on the Agenda)
Additions – CONSENT CORRESPONDENCE
10.1.5 Nelson and Beverley LeDrew Preferred Waste Collection Option - Shadow Lake Road 2 (Report WM2017-010, Item 10.3.14 on the Agenda) 10.1.6 Heather Stauble, Councillor Haliburton, Kawartha, Pine Ridge District Health Unit Resolution Regarding Response to the Report of the Minister's Expert Panel on Public Health - Public Health within an Integrated Health System Additions – BY-LAWS BY CONSENT
15.1.9 A By-Law to Assume Deane Street, Plan 57M-774 (PIN: 63148-0166(LT) and 63148-0013(LT)), and 0.3 Metre Reserve, Plan 57M-774(PIN: 63148-0011(LT)), Geographic Village of Fenelon Falls, The Corporation of the City of Kawartha Lakes
15.1.10 A By-Law to Assume Peller Court, Plan 57M-759 (PIN: 63139-0024(LT))and both 0.3 Metre Reserves, Plan 57M-759 (PIN: 63139-0022(LT) and 63139-0023(LT)), Geographic Township of Verulam, The Corporation of the City of Kawartha Lakes
15.1.11 A By-law to Assume Barron Boulevard, Plan 57M-784 (PIN: 63209-0200(LT)) and 0.3 Metre Reserve, Plan 57M-784 (PIN 63209-0194(LT)),St. Peter Street, Plan 57M-784 (PIN: 63209-0201(LT)), and Simpson Road, Plan 57M-784 (PIN: 63209-0199(LT)) and 0.3 Metre Reserve, Plan 57M-784 (PIN: 63209-0198(LT)),
3 Regular Council Meeting October 24, 2017 Page 4 of 32 and Park Block 36, Plan 57M-784, (PIN: 63209-0193(LT)), Geographic Township of Ops, The Corporation of the City of Kawartha Lakes
And; THAT Item 10.3.9 be moved to Items Extracted from Consent to be dealt with immediately following Item 10.4.2. CARRIED
6. DISCLOSURE OF PECUNIARY INTEREST There were no declarations of pecuniary interest noted. 7. MATTERS FROM CLOSED SESSION 8. PUBLIC INFORMATION 8.1 Presentations 8.2 Invited Guests (Quarterly Basis) 8.3 Notices and Information by Members of Council and Staff 8.3.1 Council
Mayor Letham advised that October marks the 25th anniversary of the Ontario Association of Children's Aid Societies' Child Abuse Prevention Month, noting that staff and Council are wearing purple today to help raise awareness of this important issue.
Councillor O'Reilly made the following announcements: • Kawartha Lakes This Week presents the 2017 Home and Christmas Craft Show at the Lindsay Exhibition November 4th to 5th. • The 6th Annual Snowflake Gala, presented by the Soroptimist International Kawartha Lakes is November 2nd at the Admiral Inn in Lindsay. • The Kawartha Lakes Sports and Recreation Council will be presenting 2017 Volunteer Awards on November 2nd at the Lindsay Golf and Country Club. • The Stinson Memorial Lecture Series presents Environment Canada Climatologist David Philips in "What's Up With the Weather" on October 29th at 2:00 p.m. at Cambridge Street United Church. • The 23rd Annual Dream Ball in support of Kawartha-Haliburton Children's Foundation is November 18th at 6:00 p.m. at the Lindsay Armoury.
4 Regular Council Meeting October 24, 2017 Page 5 of 32 Councillor Martin advised that the Omemee Lioness Annual Craft and Bake Sale is on November 4th at Coronation Hall. She further advised that the Omemee Library is relocating to the former Omemee Hardware Store location in November. 8.3.2 Staff 8.4 Notice of Motion 9. DEPUTATIONS 9.1 CC2017-29.9.1
Norman Price, Chair Crystal Morrissey, Vice-Chair Kawartha Lakes Accessibility Advisory Committee Assistive Listening Devices Councillor Strangway introduced Crystal Morrissey, Vice-Chair of the Kawartha Lakes Accessibility Advisory Committee. Ms. Morrissey provided Council with information on how the new assistive listening devices, available for use in Council Chambers, work. Norm Price, Chair of the Kawartha Lakes Accessibility Advisory Committee, noted that today the City has taken one more step toward achieving accessibility and thanked Council, staff and committee for their support in bringing this important initiative to fruition. CR2017-900 Moved By Councillor Strangway Seconded By Councillor Elmslie RESOLVED THAT the deputation of Norman Price, Chair and Crystal Morrissey, Vice-Chair of the Kawartha Lakes Accessibility Advisory Committee regarding Assistive Listening Devices, be received. CARRIED
9.2 CC2017-29.9.2 David Fell, Chief Executive Officer Eastern Ontario Regional Network (EORN) Improved Mobile Broadband Project (Report CAO2017-007, Item 10.3.1 on the Agenda) David Fell, CEO of the Eastern Ontario Rural Network (EORN) provided background on the EORN's work toward expanding high speed
5 Regular Council Meeting October 24, 2017 Page 6 of 32 broadband internet in eastern Ontario. He noted that significant broadband is being used by mobile devices and that, despite past efforts, there are still geographic areas with little or no coverage due to insufficient capacity in the network. He explained that EORN has developed a business case and is looking for support from all levels of government to leverage private funding through public-private partnerships. Mr. Fell responded to questions from Council members. CR2017-901 Moved By Councillor Breadner Seconded By Councillor Miller RESOLVED THAT the deputation of David Fell, Chief Executive Officer, Eastern Ontario Regional Network (EORN) regarding Improved Mobile Broadband Project, Report CAO2017-007, Item 10.3.1 on the Agenda, be received. CARRIED
9.3 CC2017-29.9.3 Susan Bigness Preferred Waste Collection Option - Shadow Lake Road 2 (Report WM2017-010, Item 10.3.14 on the Agenda) Susan Bigness, resident of Shadow Lake Road 2, commented on information provided in the staff report and provided a history of waste collection for the road as detailed in her accompanying correspondence. She expressed concern that many of the garbage issues occur during summer months with high occupancy rates at rental properties. Ms. Bigness noted that Option 1, being the status quo with expanded investigation and enforcement will not likely be successful as past efforts to prevent issues including signage and locking of the waste vault have failed to improve the situation. She requested that Council consider Option 4, being provision of curbside collection to residents, advising that local residents will work with the City to ensure adequate turnarounds are available and that residents are willing to have the vault removed at their own cost. CR2017-902 Moved By Councillor Martin Seconded By Councillor Junkin RESOLVED THAT the deputation of Susan Bigness regarding Preferred Waste Collection Option - Shadow Lake Road 2, Report WM2017-010, Item 10.3.14 on the Agenda, be received.
6 Regular Council Meeting October 24, 2017 Page 7 of 32 CARRIED
9.4 CC2017-29.9.4 Neil Evans Preferred Waste Collection Option - Shadow Lake Road 2 (Report WM2017-010, Item 10.3.14 on the Agenda) Mr. Evans, a local resident, expressed concern that the he has not received any correspondence from the City regarding this matter as was identified in the staff report. He noted that Options 2 and 3 presented in the report represent drastic reductions in service and requested that they not be considered. Mr. Evans advised that waste is problematic during the summer season, noting that residents work very hard to maintain the road. CR2017-903 Moved By Councillor Yeo Seconded By Councillor Macklem RESOLVED THAT the deputation of Neil Evans regarding Preferred Waste Collection Option - Shadow Lake Road 2, Report WM2017-010, Item 10.3.14 on the Agenda, be received.
CARRIED
10. CONSENT MATTERS The following items were requested to be extracted from the Consent Agenda:
Mayor Letham Item 10.1.6 Councillor Breadner Items 10.3.1 and 10.3.6 Councillor Junkin Item 10.3.3 Councillor Elmslie Items 10.3.5 and 10.3.11 Councillor Veale Item 10.3.13 Councillor Yeo Item 10.3.14 Moved By Councillor O'Reilly Seconded By Councillor Veale RESOLVED THAT all of the proposed resolutions shown in Section 10.1, 10.2 and 10.3 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
7 Regular Council Meeting October 24, 2017 Page 8 of 32 10.1.6, 10.3.1, 10.3.3, 10.3.5, 10.3.6, 10.3.9, 10.3.11, 10.3.13 and 10.3.14, namely: CARRIED
10.1 Correspondence 10.1.1 CC2017-29.10.1.1 Doug Elmslie, Councillor Exemption from Mandatory Hook Up
CR2017-904 RESOLVED THAT the memorandum from Councillor Elmslie dated October 24, 2017 regarding Exemption for Mandatory Hook Up be received; THAT the exemption request to the Mandatory Connection By-law 2014- 75 Wychwood Crescent , Fenelon Falls, be approved; and THAT the Fixed Rate and Capital Levy to the property, 75 Wychwood Crescent , Fenelon Falls, commence immediately. CARRIED
10.1.2 CC2017-29.10.1.2 Mike Farquhar, Supervisor Technical Services Petition for Municipal Drainage - Webster Petition CR2017-905 RESOLVED THAT the October 24, 2017 memorandum from Mike Farquhar, Supervisor Technical Services, regarding Petition for Municipal Drainage - Webster Petition, be received. CARRIED
10.1.3 CC2017-29.10.1.3 Tiffany Kummer, CEO and Founder CRPS/RSD Foundation Complex Regional Pain Syndrome (CRPS) Awareness CR2017-906 RESOLVED THAT the October 7, 2017 e-mail correspondence from Tiffany
8 Regular Council Meeting October 24, 2017 Page 9 of 32 Kummer, CEO and Founder of the CRPS/RSD Foundation, regarding Complex Regional Pain Syndrome (CRPS) Awareness, be received. CARRIED
10.1.4 CC2017-29.10.1.4 Stephen Strangway, Councillor Gillis Street CR2017-907 RESOLVED THAT the memorandum from Councillor Strangway dated October 24, 2017 regarding Gillis Street, be received and; THAT Gillis Street continue to receive summer maintenance (two gradings) and winter maintenance (snow ploughing) until the spring of 2019 or until a Limited Service Agreement can be put in place. CARRIED
10.1.5 CC2017-29.10.1.5 Nelson and Beverley LeDrew Preferred Waste Collection Option - Shadow Lake Road 2 (Report WM2017-010, Item 10.3.14 on the Agenda CR2017-908 RESOLVED THAT the October 16, 2017 e-mail correspondence from Nelson and Beverley LeDrew, regarding Preferred Waste Collection Option - Shadow Lake Road 2, Report WM2017-010, Item 10.3.14 on the Agenda, be received. CARRIED
10.2 Minutes from: 10.2.1 Council 10.2.1.1 CC2017-29.10.2.1.1 Minutes, Regular Council Meeting October 10, 2017 CR2017-909 RESOLVED THAT the Minutes of the October 10, 2017 Regular Council Meeting, be received and adopted; and
9 Regular Council Meeting October 24, 2017 Page 10 of 32 THAT the Minutes of the October 10, 2017 Regular Council Meeting, Closed Session, be adopted. CARRIED
10.2.2 Committees of Council, Advisory Boards and Task Forces 10.2.2.1 CC2017-29.10.2.2.1 Draft Minutes, Executive Committee Meeting October 5, 2017
CR2017-910 RESOLVED THAT the Draft Minutes of the October 5, 2017 Executive Committee Meeting, be received. CARRIED
10.3 Reports 10.3.2 CLK2017-008 Ann Rooth, Deputy Clerk 2018 Council and Planning Advisory Committee Meeting Schedule CR2017-911 RESOLVED THAT Report CLK2017-008, 2018 Council and Planning Advisory Committee Meeting Schedule, be received; and THAT the schedule for Planning Advisory Committee, Council Meetings and Special Council Information Meetings for 2018, as outlined in Appendix A to Report CLK2017-008 – 2018 Council and Planning Advisory Committee Meeting Calendar, be approved. CARRIED
10.3.4 PUR2017-057 Marielle van Engelen, Buyer David Kerr, Manager Environmental Services Tender 2015-123-OT Supply and Delivery of Cover Material at Specified Landfill Sites CR2017-912 RESOLVED THAT Report PUR2017-057, Tender 2015-123-OT Supply and
10 Regular Council Meeting October 24, 2017 Page 11 of 32 Delivery of Cover Material at Specified Landfill Sites, be received; and THAT the option to renew tender 2015-123-OT Supply and Delivery of Cover Material at Specified Landfill Sites for up to two (2) additional one (1) year terms, pending budget approval, vendor performance, operation requirements and contractual need, in accordance with the Table of Authority, be approved. CARRIED
10.3.7 ED2017-018
Denise Williams, Acting Manager of Economic Development Rural Economic Development Funding Agreement RED08084 CR2017-913 RESOLVED THAT Report ED2017-018, Rural Economic Development Funding Agreement RED08084, be received; THAT the agreement between the Corporation of the City of Kawartha Lakes and Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs, for funding under the Rural Economic Development (RED) Program, to accept matching funds totaling $62,150.00 to implement the Business Growth Program Project, attached as Appendix A to Report ED2017-018, be approved; THAT Council authorizes the Manager of Economic Development to work with Human Resources staff to recruit a temporary full time Economic Development Officer, Downtown Revitalization for a period of up to 14 months; THAT the City’s contribution of $62,150.00 from the Economic Development Reserve Fund, be approved; and THAT the necessary by-law to authorize execution of the agreement be brought forward for adoption. CARRIED
10.3.8 ED2017-019 Debra Soule, Economic Development Officer – Arts, Culture and Heritage Downtown Lindsay Heritage Conservation District Designation Bylaw CR2017-914 RESOLVED THAT Report ED2017-019, Downtown Lindsay Heritage Conservation District Designation Bylaw, be received; THAT the draft By-law, being A By-law to Designate the Downtown Lindsay Area, as identified in the Downtown Lindsay Heritage Conservation District Plan,
11 Regular Council Meeting October 24, 2017 Page 12 of 32 in accordance with Section 41 of the Ontario Heritage Act, be approved; and THAT the necessary by-law be brought forward for adoption. CARRIED
10.3.10 ENG2017-024 Joseph Kelly, Senior Engineering Technician Request to Establish a Speed Limit – Manvers Scugog Townline Road CR2017-915 RESOLVED THAT Report ENG2017-024 Request to Establish a Speed Limit – Manvers Scugog Townline Road be received; THAT the speed limit of Manvers Scugog Townline Road from Devitts Road (Scugog Township) to a point 100m north of Mckee Road (Scugog Township) be posted at 60 km/h; THAT the necessary by-laws for the above recommendations be forwarded to Council for adoption; THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision. CARRIED
10.3.12 HH2017-003 Hope Lee, Administrator/Manager of Housing Home for Good Program CR2017-916 RESOLVED THAT Report HH2017-003, Home for Good Program, be received. CARRIED
10.3.15 WWW2017-008 Julie Henry, Quality Management and Policy Coordinator Water and Wastewater Division Level of Service Policy CR2017-917 RESOLVED THAT Report WWW2017-008, Water and Wastewater Level of Service Policy, be received; THAT the Water and Wastewater Level of Service Policy appended to report WWW2017-008 be approved, adopted and numbered for inclusion in the City’s
12 Regular Council Meeting October 24, 2017 Page 13 of 32 Policy Manual; THAT the Water and Wastewater Frozen Services Management Directive be received; and THAT Policy Number 066 EPW 003 Water and Wastewater Complaint Handling be rescinded. CARRIED Note to Minutes: Item 10.3.14 was moved up on the Agenda to be dealt with next. 10.4 Items Extracted from Consent 10.3.14 WM2017-010 David Kerr, Manager - Environmental Services Preferred Waste Collection Option - Shadow Lake Road 2 CR2017-918 Moved By Councillor Yeo Seconded By Councillor Breadner RESOLVED THAT Report WM2017-010, Preferred Waste Collection Option - Shadow Lake Road 2, be received; and THAT the option for waste and recyclables collection for Shadow Lake Rd. 2 be Option 4, Provide Curbside Collection to Residences, to be implemented pending agreement for access from private homeowner(s), including that the road meets the standards set out in the Waste Management By-law and that there is an acceptable turnaround at the end of the road for trucks during all seasons. CARRIED 10.1.6 CC2017-29.10.1.6 Heather Stauble, Councillor Haliburton, Kawartha, Pine Ridge District Health Unit Resolution Regarding Response to the Report of the Minister's Expert Panel on Public Health - Public Health within an Integrated Health System. CR2017-919 Moved By Councillor Elmslie Seconded By Councillor Seymour-Fagan RESOLVED THAT the October 23, 2017 correspondence from the Haliburton, Kawartha, Pine Ridge District Health Unit requesting support for their Resolution
13 Regular Council Meeting October 24, 2017 Page 14 of 32 Regarding Response to the Report of the Minister's Expert Panel on Public Health - Public Health within an Integrated Health System, be received and supported; and THAT the Premier of Ontario, Minister of Health and Long Term Care, MPPs for Northumberland —Quinte West, and Haliburton—Kawartha Lakes—Brock, Municipalities of Northumberland and Haliburton Counties, Chief Medical Officer of Health, Assistant Deputy Minister, Population and Public Health Division, Ministry of Health and Long Term Care, Central East LHIN CEO, South East LHIN CEO, AMO and Ontario boards of health are so advised before October 31, 2017. CARRIED 10.3.1 CAO2017-007 Ron Taylor, Chief Administrative Officer Eastern Ontario Regional Network (EORN) Improved Mobile Broadband Project CR2017-920 Moved By Councillor Breadner Seconded By Councillor Yeo
RESOLVED THAT Report CAO2017-007, Eastern Ontario Regional Network (EORN) – Improved Mobile Broadband Project, be received. CARRIED
CR2017-921 Moved By Councillor Elmslie Seconded By Councillor Seymour-Fagan RESOLVED THAT the City of Kawartha Lakes supports EORN’s submission of the Eastern Ontario Regional Cellular Mobile Broadband Project as the Region’s highest economic development priority; THAT the City of Kawartha Lakes will work as a partner with the EOWC and EORN, along with the federal and provincial governments and the private sector to improve mobile broadband access and services for the people and businesses of Eastern Ontario; and THAT the City of Kawartha Lakes will support this project by making a financial contribution once the full extent of the project is determined by the Federal and Provincial Governments.
14 Regular Council Meeting October 24, 2017 Page 15 of 32 A recorded vote was requested by Mayor Letham. Recorded For Against Absent Mayor Letham X Councillor Breadner X Councillor Dunn X Councillor Elmslie X Councillor James X Councillor Jilesen X Councillor Junkin X Councillor Macklem X Councillor Martin X Councillor Miller X Councillor O'Reilly X Councillor Pollard X Councillor Seymour-Fagan X Councillor Stauble X Councillor Strangway X Councillor Veale X Councillor Yeo X Results 14 2 1 CARRIED
10.3.3 CORP2017-028 Angela Vickery, Manager of Revenue and Procurement Updated Consolidated Fees By-Law CR2017-922 Moved By Councillor O'Reilly Seconded By Councillor Dunn
15 Regular Council Meeting October 24, 2017 Page 16 of 32 RESOLVED THAT Report CORP2017-028, Updated Consolidated Fees By- Law, be received; THAT Section 2.06 of By-Law 2016-206 be amended to the following: Annual Adjustment: The fees established in Schedules A to H to this by-law may be adjusted annually, on January 1, by the Consumer Price Index of April of the current year. The City Treasurer shall determine the annual adjustment by September 1st of each year. The fee adjustment may be rounded up within the nearest one dollar ($1.00); THAT By-Law 2011-260 be amended to remove Schedule A to By-Law 2014-224 in order to incorporate the fee schedule into the Consolidated Fees By-Law; THAT new fees for Schedule A – Administration – Water and Wastewater be established as follows;
A – 3 Water and Wastewater
Service Description Unit Rate Effective January 1, 2018 Bulk Water Key each $15.00 Replacement Bulk Water Key each $25.00 Extra or Replacement Smart Vend each $15.00 Card
THAT new fees for Schedule A – Administration - Legal be established as follows;
A – 4 Legal Service Description Unit Rate Effective January 1, 2018 Land Management Committee each $125.00 Application Fee (inquiries pertaining to ownership and/or maintenance of City land, requests to acquire/use City land)
THAT new fees for Schedule B – Licensing be established and implemented October 24, 2017 as follows;
B – 4 Dog Tag and Regulation
16 Regular Council Meeting October 24, 2017 Page 17 of 32 Fees
Service Description Unit Rate Effective October 24, 2017 Lifetime Tags Microchipped, Spayed or Neutered each $60.00 Microchipped, Unaltered each $100.00
THAT new fees for Schedule D – Parks, Recreation and Culture be established as follows;
D – 2 Fitness Memberships Service Description Unit Fees Effective January 1, 2018 Swim Memberships - Lindsay Recreation Complex Child Monthly $14.00 Senior Monthly $16.80 Adult Monthly $22.50 Workout Centre Membership – Lindsay Recreation Complex Senior Single $8.15 Senior Monthly $27.50 Adult Monthly $34.50 Squash Membership – Lindsay Recreation Complex Senior Monthly $23.80 Adult Monthly $29.40 Squash & Workout Centre Membership – Lindsay Recreation Complex Senior Single $11.87 Monthly $37.95 Adult Monthly $46.90 D – 3 Recreation Programs Milk Run 21K Early $60.00 Regular $70.00 Day of $70.00 Miscellaneous Non Resident Premium 25%
THAT new fees for Schedule E – Planning, Development and Engineering be established as follows;
17 Regular Council Meeting October 24, 2017 Page 18 of 32
E – 1 Planning Fees Service Description Unit Fees Effective January 1, 2018 Clearance to fulfill Oak Ridges each $500.00 Moraine GIS Mapping Requests (CKL each $30.00 plus $10 per Mapping only up to 11x17 paper size) additional map Information Requests for Closed Per File $300.00 Planning Act Application Files OMB Appeal Processing Fee each Consent or Minor Variance Applications $150.00 All other Planning Act Applications $300.00 Preparation of Development Agreement Where required but not in conjunction each $1,100 plus $500 with a Planning Act application such processing fee as roadway construction, fulfillment of Oak Ridges Moraine Conservation Plan conditions
THAT the following fees be removed from By-Law 2016-206;
A – 3 Legal Service Description Unit Notarial Services each Notarial Services related to pension documents each B – 4 Dog Tag and Regulation Fees
Service Description Unit Annual Fees (with current certification of rabies immunization)
Unaltered Dog (0-4 years) each Unaltered Dog (5-10+ years) each Spayed/Neutered Dog (0-4 years) each Spayed/Neutered Dog (5-10+ years) each Schedule D – Parks, Recreation and Culture Service Description Unit PRC Staff recertification each First Aid Equipment each
18 Regular Council Meeting October 24, 2017 Page 19 of 32 Child Goggles each Adult Goggles each Nose Clips each Manuals (Usually included in Course Fee) Can Lifesaving Manual each Canadian First Aid Manual each Alert: Lifesaving in Action each Lifesaving Instructor Pack each Red Cross Deck Book each Red Cross Instructor Pack each Exam Fees (Usually included in Course Fee) Bronze Medallion each Bronze Cross Course or Recertification each Bronze Star each Emergency FA LSS each Standard FA or Recertification LSS each NLS Course of Recertification each LSS Instructor Recertification (First) each LSS Instructor Recertification (Second) each Red Cross High Five each Swim Memberships Child Single 3 Month 6 Month Senior Single 3 Month 6 Month Adult Single 3 Month 6 Month Family Single Workout Centre Membership – Lindsay Recreation Complex Senior 3 Month
19 Regular Council Meeting October 24, 2017 Page 20 of 32 6 Month Adult 3 Month 6 Month Adult – 10 X Pass 10 Pass Squash Membership – Lindsay Recreation Complex Senior 3 Month 6 Month Adult 3 Month 6 Month Squash & Workout Centre Membership – Lindsay Recreation Complex Senior 3 Month 6 Month Adult 3 Month 6 Month Corporate Memberships – Lindsay Recreation Complex Corporate Fee 1-49 50-99 100-150 Individual Fee 1-49 50-99 100-150 Miscellaneous Charges Land Fitness Class (per class) Single D – 3 Recreation Programs Service Description Unit Children’s Camp Sport & Smash Weekly Hockey Skills Clinic Weekly Public Skating Service Description Unit Parent & Tot (one adult/child) Single Trailer Park Service Description Unit
20 Regular Council Meeting October 24, 2017 Page 21 of 32 Beach Park Backlot Annual Beach Park Waterfront Annual Trailer Deposit seasonal D – 4 Parks, Recreation and Culture – Advertising Service Description Unit Community Guide Ads Special Event Listing each Schedule E – Planning, Development and Engineering Combined Planning Applications Unit Consent - full consent fee charged for validation of title with advertising and applicable CA fee Consent creating two or more abutting lots per lot over one new lot Deeming By-law or Repeal of Deeming By-law as a condition of each approval (includes legal and registration fees) Schedule H – Transit H – 1 Transit Fees Service Description Unit Student/Senior Tokens 14 tokens
THAT the fees contained in Appendix A to Report CORP2017-028, be approved; and THAT a By-Law be forwarded to Council for adoption.
CARRIED
10.3.5 BLDG2017-003 Susanne Murchison, Chief Building Official Draft Fence By-law CR2017-923 Moved By Councillor Elmslie Seconded By Councillor Seymour-Fagan RESOLVED THAT Report BLDG2017-003, Draft Fence By-law, be received.
21 Regular Council Meeting October 24, 2017 Page 22 of 32 CARRIED
CR2017-924 Moved By Councillor Dunn Seconded By Councillor Junkin RESOLVED THAT a By-law, substantially in the form attached as Appendix B to Report BLDG2017-003, be forwarded to Council for adoption. CARRIED
10.3.6 BLDG2017-004 Susanne Murchison, Chief Building Official Use of Section 4.2 of Building Code Act (BCA) CR2017-925 Moved By Councillor Breadner Seconded By Councillor Yeo RESOLVED THAT Report BLDG2017-004, Use of Section 4.2 of Building Code Act (BCA), be received; THAT the City of Kawartha Lakes Building By-law be amended to include section 4.2 of the Building Code Act; and THAT the necessary by-law be brought forward for adoption. CARRIED
10.3.9 ENG2017-022 Adam Found, Manager of Corporate Assets 10-Year Gravel Resurfacing Plan and Gravel Road Rehabilitation Needs
Note to Minutes: Item 10.3.9 was moved to Items Extracted From Consent with the Adoption of the Open Session Agenda. See Item 10.4.3. 10.3.11 HS2017-007 Carolyn Daynes, Treasurer Rod Sutherland, Director, Human Services Affordable Housing – Office Space Project Update
22 Regular Council Meeting October 24, 2017 Page 23 of 32 CR2017-926 Moved By Councillor Elmslie Seconded By Councillor Strangway RESOLVED THAT Report HS2017-007, Affordable Housing – Office Space Project Update, be received; THAT the budget for capital project BP1705 (Office Space and Affordable Housing) be increased to $12,300,000 and refinanced as follows: (i) $3,600,000 in various housing-related grants, (ii) $1,900,000 in debenture to be repaid by rental revenue generated by the affordable housing portion of the building and (iii) $6,800,000 in debenture to be repaid by lease cost avoidance and revenue generated by the office portion of the building; THAT the debenture financing of capital project BP1705 (Office Space and Affordable Housing) be increased to $8.7 million in total and be maintained and reported on separately from other debt until it is retired; THAT the City Treasurer be authorized to refinance capital project BP1705 (Office Space and Affordable Housing) to reduce the reliance on debenture financing in the event the project receives additional grant or other external financing; THAT capital project BP1705 (Office Space and Affordable Housing) be designated a multi-year capital project with approval for 2017-2019, inclusive; THAT the application for a grant and loan under the Green Municipal Fund of the Federation of Canadian Municipalities for Capital Project BP1705, be endorsed; and THAT an application for a grant under the Municipal Green House Gas (GHG) Challenge Fund for Capital Project BP1705, be endorsed. A recorded vote was requested by Councillor Elmslie. Recorded For Against Absent Mayor Letham X Councillor Breadner X Councillor Dunn X Councillor Elmslie X Councillor James X Councillor Jilesen X Councillor Junkin X
23 Regular Council Meeting October 24, 2017 Page 24 of 32 Councillor Macklem X Councillor Martin X Councillor Miller X Councillor O'Reilly X Councillor Pollard X Councillor Seymour-Fagan X Councillor Stauble X Councillor Strangway X Councillor Veale X Councillor Yeo X Results 11 5 1 CARRIED
CR2017-927 Moved By Councillor Yeo Seconded By Councillor Veale RESOLVED THAT upset limit for capital project BP1705 (Office Space and Affordable Housing) be set at $12,300,000. CARRIED
10.3.13 RS2017-014
Robyn Carlson, City Solicitor and Acting Manager of Realty Services Surplus Declaration of Mariposa Community Hall (building only) and Proposed Land Lease of 1010 Eldon Road, Oakwood, Legally Described as Pt Blk A to Pt Blk D Plan 80, in the former Geographic Township of Mariposa, City of Kawartha Lakes CR2017-928 Moved By Councillor Veale Seconded By Councillor Miller RESOLVED THAT Report 2017-014, Surplus Declaration of Mariposa Community Hall (building only) and Proposed Land Lease of 1010 Eldon
24 Regular Council Meeting October 24, 2017 Page 25 of 32 Road, Oakwood, Legally Described as Pt Blk A to Pt Blk D Plan 80, in the former Geographic Township of Mariposa, City of Kawartha Lakes, be received; THAT the City-owned property known as Mariposa Community Hall (building only), located at 1010 Eldon Road, Oakwood, be declared surplus to municipal needs; THAT the subject building be disposed of in accordance with the City of Kawartha Lakes Disposal of Real Property Policy No. C-204-DEV-001 and By- law 2010-118, as amended; THAT notice be given in accordance with By-laws 2008-065 and 2010-118, as amended; THAT on completion of the public notice, Council shall consider any deputation or public input in opposition of the sale, if any, and if appropriate, pass a by-law (with any amendments deemed necessary) to authorize the disposition; THAT the conveyance of the subject building for nominal consideration to a not- for-profit organization (the Oakwood and District Lions Club) be supported; THAT The Mayor and Clerk be authorized to sign all documents to facilitate the conveyance of the building; and THAT The Mayor and Clerk be authorized to execute the agreement, in the form substantially as attached as Appendix A, on behalf of the Corporation of the City of Kawartha Lakes. CARRIED The meeting recessed at 3:45 p.m. and reconvened at 3:56 p.m.
10.4.1 CS2017-017 Craig Shanks, Director of Community Services Lee Anna Thornbury, Manager of Customer Services Customer Service Standards
Director Shanks and Manager Thornbury provided a brief presentation on the Customer Service Standards. Director Shanks and Manager Thornbury responded to questions from Council. A copy of the presentation is available in the Clerks Office. CR2017-929 Moved By Councillor James Seconded By Councillor Miller
25 Regular Council Meeting October 24, 2017 Page 26 of 32 RESOLVED THAT Report CS2017-017, Customer Service Standards, be received for information. CARRIED
10.4.2 PW2017-009 Bryan Robinson, Director of Public Works Public Works Roads Depot Master Plan Director Robinson provided a brief overview of his report. He responded to questions from Council members. CR2017-930 Moved By Councillor Martin Seconded By Councillor Pollard RESOLVED THAT Report PW2017-09, Public Works Roads Depot Master Plan, be received; THAT the recommendations of the draft Master Plan report and preferred solution, be endorsed; THAT Staff be authorized to file the Master Plan report with the Ministry of the Environment and Climate Change for the legislated 30 day comment period; and THAT Staff be directed, upon final acceptance of the report by the Ministry of the Environment and Climate Change, to update the Capital Asset Management plan accordingly. CARRIED Councillor Miller left the Council Chambers at 4:55 p.m. and did not return. Councillor Dunn left the Council Chambers at 4:57 p.m. and did not return. 10.4.3 ENG2017-022 Adam Found, Manager of Corporate Assets 10-Year Gravel Resurfacing Plan and Gravel Road Rehabilitation Needs Item 10.3.9
Manager of Corporate Assets A. Found provided a presentation and overview of his report. Manager Found responded to questions from Council members. A copy of the presentation is available in the Clerk's Office.
26 Regular Council Meeting October 24, 2017 Page 27 of 32 CR2017-931 Moved By Councillor Yeo Seconded By Councillor Macklem RESOLVED THAT Report ENG2017-022, 10-Year Gravel Resurfacing Plan and Gravel Road Rehabilitation Needs, be received; THAT the 10-Year Gravel Resurfacing Plan 2018-2027, attached as Appendix A to Report ENG2017-022, be adopted for the purpose of complementing the 5- Year Roads Capital Plan and informing future capital budgets; THAT forecasted annual expenditure for the Road Lifecycle Extension program within the 5-Year Roads Capital Plan be increased by approximately $300,000.00 for 2021 onward to address gravel road rehabilitation needs on an ongoing basis; and THAT Public Works and Engineering and Corporate Assets staff review options for addressing long-term drainage-related operating and capital needs of roads without storm drains for the purpose of informing proposed post-2018 capital and operating budgets. CARRIED
CR2017-932 Moved By Councillor James Seconded By Councillor Elmslie RESOLVED THAT staff be directed to investigate options for using City owned pits for the provision of gravel for gravel resurfacing of roads with a report back to Council by end of Q1 2018. CARRIED
CR2017-933 Moved By Councillor Strangway Seconded By Councillor Elmslie RESOLVED THAT staff be directed to investigate costing and service implications of revising the traffic volume threshold to warrant hard-topping of gravel roads from an annual average daily traffic (AADT) level of 400 to an AADT of both 200 or 300 with a report back to Council by end of Q2 2018. CARRIED
27 Regular Council Meeting October 24, 2017 Page 28 of 32 11. COMMITTEE OF THE WHOLE 12. COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES 12.1 CC2017-29.12.1 Minutes, Planning Advisory Committee Meeting October 11, 2017 CR2017-934 Moved By Councillor O'Reilly Seconded By Councillor Veale
RESOLVED THAT the Minutes of the October 11, 2017 Planning Advisory Committee Meeting, be received and the recommendations be adopted. CARRIED
13. CORRESPONDENCE AND PETITIONS 14. OTHER OR NEW BUSINESS 15. BY-LAWS The mover requested the consent of Council to read the by-laws by number only. Moved By Councillor Elmslie Seconded By Councillor Jilesen RESOLVED THAT the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.11 be read a first, second and third time, passed, numbered, signed and the corporate seal attached, namely: CARRIED
15.1 By-Laws by Consent 15.1.1 CR2017-935 A By-law to Authorize the Conveyance of Municipally Owned Property Legally Described as Part of Lot 8, North of Portage Road, designated as Part 2 on Plan 57R2197, in the former Geographic Township of Bexley, City of Kawartha Lakes, being Part of PIN: 63116-0337 (LT) 15.1.2 CR2017-936
28 Regular Council Meeting October 24, 2017 Page 29 of 32 A By-law to Designate Downtown Lindsay as a Heritage Conservation District in the City of Kawartha Lakes 15.1.3 CR2017-937 A By-law to Repeal By-law 2015-052, being A By-law to Appoint a Municipal Law Enforcement Officer for the City of Kawartha Lakes 15.1.4 CR2017-938 A By-law to Repeal By-law 2015-053, being A By-law to Appoint a Weed Inspector for the City of Kawartha Lakes 15.1.5 CR2017-939 A By-law to Amend By-law 2016-206, the Consolidated Fees By-law in the City of Kawartha Lakes 15.1.6 CR2017-940 A By-law to Regulate Fences in the City of Kawartha Lakes 15.1.7 CR2017-941 A By-law to Authorize the Execution of an Agreement between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs and The Corporation of the City of Kawartha Lakes for Rural Economic Development Funding Agreement RED08084 15.1.8 CR2017-942 A By-law to Amend By-law Number 2005-328, being a By-law to Establish Speed Limits in the City of Kawartha Lakes (Amendment No. 35)(Manvers Scugog Townline Road) 15.1.9 CR2017-943 A By-Law to Assume Deane Street, Plan 57M-774 (PIN: 63148-0166(LT) and 63148-0013(LT)), and 0.3 Metre Reserve, Plan 57M-774 (PIN: 63148-0011(LT)), Geographic Village of Fenelon Falls, The Corporation of the City of Kawartha Lakes 15.1.10 CR2017-944 A By-Law to Assume Peller Court, Plan 57M-759 (PIN: 63139-0024(LT)) and both 0.3 Metre Reserves, Plan 57M-759 (PIN: 63139-0022(LT) and 63139- 0023(LT)), Geographic Township of Verulam, The Corporation of the City of Kawartha Lakes
29 Regular Council Meeting October 24, 2017 Page 30 of 32 15.1.11 CR2017-945 A By-law to Assume Barron Boulevard, Plan 57M-784 (PIN: 63209-0200(LT)) and 0.3 Metre Reserve, Plan 57M-784 (PIN 63209-0194(LT)), St. Peter Street, Plan 57M-784 (PIN: 63209-0201(LT)), and Simpson Road, Plan 57M-784 (PIN: 63209-0199(LT)) and 0.3 Metre Reserve, Plan 57M-784 (PIN: 63209-0198(LT)), and Park Block 36, Plan 57M-784, (PIN: 63209-0193(LT)), Geographic Township of Ops, The Corporation of the City of Kawartha Lakes 15.2 By-Laws Extracted from Consent 16. CLOSED SESSION (IF NOT COMPLETED PRIOR TO OPEN SESSION) 17. MATTERS FROM CLOSED SESSION 18. CONFIRMING BY-LAW CR2017-946 Moved By Councillor Seymour-Fagan Seconded By Councillor Elmslie RESOLVED THAT a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, October 24, 2017 be read a first, second and third time, passed, numbered, signed and the corporate seal attached. CARRIED 19. ADJOURNMENT CR2017-947 Moved By Councillor Pollard Seconded By Councillor Veale RESOLVED THAT the Council Meeting adjourn at 5:15 p.m. CARRIED
Read and adopted this 14th day of November, 2017.
______Andy Letham, Mayor Ron Taylor, Acting City Clerk
30 Regular Council Meeting October 24, 2017 Page 31 of 32 Recommendations made at the October 11, 2017 Planning Advisory Committee: PC2017-042 Moved By Mayor Letham Seconded By Councillor Miller RECOMMEND THAT Report ENG2017-019, Assumption Report for Northern Colours Inc. Subdivision, Deane Street, Fenelon Falls, City of Kawartha Lakes, be received; THAT the Assumption of Deane Street, Fenelon Falls, City of Kawartha Lakes, be approved; THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG2017-019 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. CARRIED
PC2017-043 Moved By Mayor Letham Seconded By D. Girard
RECOMMEND THAT Report ENG2017-020, Assumption Report for Rolling Hills – Szakacsi Subdivision, Peller Court, Verulam, City of Kawartha Lakes, be received; THAT the Assumption of Peller Court, Geographic Township of Verulam, City of Kawartha Lakes, be approved; THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG2017-020 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. CARRIED
PC2017-044 Moved By Mayor Letham Seconded By Councillor Veale RECOMMEND THAT Report ENG2017-021, Assumption Report for Riverview Estates Subdivision – Phase 1, City of Kawartha Lakes, be received; THAT the Assumption of Riverview Estates Subdivision - Phase 1, City of Kawartha Lakes, be approved;
31 Regular Council Meeting October 24, 2017 Page 32 of 32 THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG2017-021 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. CARRIED
32 The Corporation of the City of Kawartha Lakes Minutes Regular Council Meeting
CC2018-08 Tuesday, April 24, 2018 Closed Session Commencing at 1:30 p.m. Open Session Commencing at 2:00 p.m. Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8
Members: Mayor Andy Letham Councillor Isaac Breadner Councillor Pat Dunn Councillor Doug Elmslie Councillor Gord James Councillor Gerard Jilesen Councillor Brian S. Junkin Councillor Rob Macklem Councillor Mary Ann Martin Councillor Gord Miller Councillor Patrick O'Reilly Councillor John Pollard Councillor Kathleen Seymour-Fagan Councillor Heather Stauble Councillor Stephen Strangway Councillor Andrew Veale Councillor Emmett Yeo
Accessible formats and communication supports are available upon request.
Regular Council Meeting April 24, 2018 Page 2 of 31 1. Call to Order Mayor Letham called the Meeting to order at 1:30 p.m. Councillors I. Breadner, P. Dunn, D. Elmslie, G. James, G. Jilesen, B. Junkin, R. Macklem, M.A. Martin, G. Miller, P. O'Reilly, K. Seymour-Fagan, H. Stauble, S. Strangway, A. Veale and E. Yeo were in attendance. Absent: Councillor Pollard
CAO R. Taylor, Deputy Clerk J. Watts, Deputy Clerk A. Rooth, Directors B. Robinson, J. Rojas, C. Shanks and Agricultural Development Officer K. Maloney were also in attendance. 2. Adoption of Closed Session Agenda CR2018-212 Moved By Councillor Strangway Seconded By Councillor Jilesen That the Closed Session agenda be adopted as circulated. Carried
3. Disclosure of Pecuniary Interest in Closed Session Items There were no declarations of pecuniary interest noted. 4. Closed Session CR2018-213 Moved By Councillor Veale Seconded By Councillor Macklem That Council convene into closed session at 1:30 p.m. in order to consider matters on the Tuesday, April 24, 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. Carried 5. Opening Ceremonies 5.1 Call Open Session to Order Mayor Letham called the Open Session of the Meeting to order at 2:00 p.m. Councillors I. Breadner, P. Dunn, D. Elmslie, G. James, G. Jilesen, B. Junkin, R.
2 Regular Council Meeting April 24, 2018 Page 3 of 31 Macklem, M.A. Martin, G. Miller, P. O'Reilly, J. Pollard, K. Seymour-Fagan, H. Stauble, S. Strangway, A. Veale and E. Yeo were in attendance. Early Departure: Councillor E. Yeo 5:33 p.m. CAO R. Taylor, Deputy Clerk J. Watts and Deputy Clerk A. Rooth were also in attendance. The Mayor shared the following message: I would like to take a moment before we begin today to recognize the act of senseless violence that took place yesterday in Toronto. Our thoughts are with the City of Toronto, the victims and their families during this difficult time. We wish all those who have been injured a fast recovery, and are deeply grateful to all of the first responders, nurses and doctors for their bravery and dedication to helping those in need. We will observe a minute of silence today in Council to honour the victims. 5.2 O Canada The Meeting was opened with the singing of 'O Canada'. 5.3 Moment of Silent Reflection Those in attendance remained standing to observe a Moment of Silent Reflection in honour of the victims of the Toronto tragedy. 5.4 Adoption of Open Session Agenda CR2018-217 Moved By Councillor Strangway Seconded By Councillor Seymour-Fagan That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, April 24, 2018, be adopted as circulated and with the following amendments: Additions - Deputations Item 10.2 Bethany Property Update (Report PRC2018-007, Item 11.1.7 on the Agenda) Tom deBoer
3 Regular Council Meeting April 24, 2018 Page 4 of 31 Item 10.3 Bethany Property Update (Report PRC2018-007, Item 11.1.7 on the Agenda) Travis and Jodi Windsor Item 10.4 Request for Speed Reduction - Ballyduff Road and Lotus Road (Report ENG2018-008, Item 11.1.17 on the Agenda) Frederick Downey
Carried
6. Disclosure of Pecuniary Interest There were no declarations of pecuniary interest noted. 7. Notices and Information by Members of Council and Staff 7.1 Council Councillor Elmslie: • The 2018 Kawartha Lakes Country Living Show Fenelon Falls is April 27 to 29th at the Fenelon Falls Community Centre and admission is free.
Councillor Miller: • The Burnt River Firefighters Association Annual Fashion Show and Sunday Brunch is on April 28th. • The Kinmount Committee for Planning and Economic Development Annual Dinner and Silent Auction is on at the Galway Hall.
Councillor Martin: • May 1st is Do Something Good for Your Neighbour Day.
Councillor Seymour Fagan: • The 2018 Bobcaygeon and Area Chamber of Commerce Awards of Excellence are on April 28th at 5:30 p.m. at the Lakeview Arts Barn.
Councillor Pollard: • Christmas Eve is 9 months from today.
4 Regular Council Meeting April 24, 2018 Page 5 of 31 Councillor O'Reilly: • Amnesty International's Annual Freedom Dinner is April 28th at 7:00 p.m. at St. Paul's Anglican Church. • The Lindsay and District Chamber of Commerce Evening of Excellence 2018 Awards is June 1st at the Lakeview Arts Barn. • The City of Kawartha Lakes Volunteer Gala is May 3rd at 6:00 p.m. at Victoria Park Armoury. • It has been announced that Ross Memorial Hospital and the Peterborough Regional Health Centre have been directed to explore opportunities for integration of services. This integration is about improving patient care, access to service and planning for future service delivery, not about saving money, cutting jobs or reducing services. 7.2 Staff 8. Matters from Closed Session Item 4.2 CR2018-218 Moved By Councillor Veale Seconded By Councillor O'Reilly That the following members of the public be appointed to the City of Kawartha Lakes Drainage Task Force: Jim Oriotis Paul Brown Ron Warne Craig McGill Dale Hamilton; That Councillors Andrew Veale and John Pollard be appointed to the City of Kawartha Lakes Drainage Task Force; and
That the Terms of Reference for the City of Kawartha Lakes Drainage Task Force be amended to extend the Term to August 31, 2018. Carried
5 Regular Council Meeting April 24, 2018 Page 6 of 31 Moved By Councillor Junkin Seconded By Councillor Breadner That the City of Kawartha Lakes Drainage Task Force be dissolved; That the Drainage Board be directed to fulfill the mandate of the Drainage Task Force; and That the members appointed to the Drainage Task Force be invited to attend future public Drainage Board Meetings on the matter. Motion Failed
9. Minutes 9.1 CC2018-08.9.1 Regular Council Meeting Minutes of April 10, 2018 See Item 9.2 for resolution on this item. 9.2 CC2018-08.9.2 Draft Executive Committee Meeting Minutes of April 5, 2018
CR2018-219 Moved By Councillor Strangway Seconded By Councillor Dunn That the Minutes of the April 10, 2018 Regular Council Meeting, be received and adopted; and That the Draft Minutes of the April 5, 2018 Executive Committee Meeting, be received. Carried
10. Presentations and Deputations 10.1 CC2018-08.10.1 Barron Road Sidewalk Petition (Item 13.1 on the Agenda) Patrick O'Neill Tammy Brumwell
6 Regular Council Meeting April 24, 2018 Page 7 of 31 Ms. Brumwell and Mr. O'Neill, speaking on behalf of the residents of Barron Road, requested that sidewalks not be installed on their road. They identified that the area is not a through street with minimal traffic and that all residents on the road are in agreement, referring to their submitted petition. They expressed concerns regarding unneeded cost to the City, loss of driveway parking causing additional on-street parking and costs incurred by resident to pave driveways, lay grass and plant trees. CR2018-220 Moved By Councillor Stauble Seconded By Councillor Dunn
That the deputation of Patrick O'Neill and Tammy Brumwell, regarding Barron Road Sidewalk Petition, (Item 13.1 on the Agenda), be received. Carried
10.2 CC2018-08.10.2 Bethany Property Update (Report PRC2018-007, Item 11.1.7 on the Agenda) Tom deBoer Tom deBoer, speaking on behalf of the party who has bid on the purchase of the two subject lots, requested that Council support Option 3 in Report PRC2018- 007 and proceed with the sale of the lots. CR2018-221 Moved By Councillor Yeo Seconded By Councillor Macklem
That the deputation of Tom deBoer, regarding Bethany Property Update, (Report PRC2018-007, Item 11.1.7 on the Agenda), be received.
Carried
10.3 CC2018-08.10.3 Bethany Property Update (Report PRC2018-007, Item 11.1.7 on the Agenda) Travis and Jodi Windsor Travis and Jodi Windsor expressed concern with the lack of notice for sale of the subject lots, the distance to parks for use by children in the community and
7 Regular Council Meeting April 24, 2018 Page 8 of 31 the loss of their only green space. They requested Council retain the lots as green space and expressed a willingness on the part of the Community to work with the City on potential development of the lots as a park. CR2018-222 Moved By Councillor Martin Seconded By Councillor Stauble That the deputation of Travis and Jodi Windsor, regarding Bethany Property Update, (Report PRC2018-007, Item 11.1.7 on the Agenda), be received. Carried
10.4 CC2018-08.10.4 Request for Speed Reduction - Ballyduff Road and Lotus Road (Report ENG2018-008, Item 11.1.17 on the Agenda) Frederick Downey Mr. Downey, resident on Ballyduff Road, expressed concern that the portion of road in front of his residence was not included in the area identified for speed reduction in Report ENG2018-008. He noted that the road is curved and sloped at this location and is frequented by heavy trucks, local traffic, pedestrians and farm equipment. He requested the report be referred back to staff for revision to extended the speed limit reduction on Ballyduff Road from Lotus Road to a point approximately 1 km east. CR2018-223 Moved By Councillor Martin Seconded By Councillor Pollard
That the deputation of Frederick Downey, regarding Request for Speed Reduction - Ballyduff Road and Lotus Road, (Report ENG2018-008, Item 11.1.17 on the Agenda), be received. Carried Item 13.1 was moved forward on the Agenda to be dealt with next. 13. Petitions 13.1 CC2018-08.13.1 Barron Road Sidewalk Petition Mr. and Mrs. Brian Marritt Mr. and Mrs. Patrick O'Neill
8 Regular Council Meeting April 24, 2018 Page 9 of 31 This Item was moved forward on the Agenda to be dealt with after Item 10.4. CR2018-224 Moved By Councillor Dunn Seconded By Councillor Pollard That the petition received from Mr. and Mrs. Brian Marritt and Mr. and Mrs. Patrick O'Neill regarding Barron Boulevard Sidewalks, be received and referred to staff for report back to Council on the implications of not installing sidewalks on Barron Boulevard. Carried Council recessed at 3:26 p.m. and reconvened at 3:35 p.m. 11. Consent Matters The following items were requested to be extracted from the Consent Agenda: 11.1.1 – Councillor Elmslie 11.1.3 - Councillor Yeo 11.1.4 – Mayor Letham 11.1.6 – Mayor Letham 11.1.7 – Councillor Stauble 11.1.9 – Councillor Elmslie 11.1.11 – Mayor Letham 11.1.12 – Councillor Junkin 11.1.13 – Councillor Junkin 11.1.14 - Councillor Breadner 11.1.16 – Councillor Junkin 11.1.17 - Councillor Stauble 11.1.20 – Councillor Junkin Moved By Councillor Miller Seconded By Councillor 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, 11.1.3, 11.1.4, 11.1.6, 11.1.7, 11.1.9, 11.1.11, 11.1.12, 11.1.13, 11.1.14, 11.1.16, 11.1.17 and 11.1.20. Carried
9 Regular Council Meeting April 24, 2018 Page 10 of 31 11.1 Reports 11.1.2 CS2018-003 Closure of Lindsay Legacy C.H.E.S.T. Fund Projects Lisa Peimann, Executive Assistant, Community Services CR2018-225 That Report CS2018-003, Closure of Lindsay Legacy C.H.E.S.T. Fund Projects, be received; That projects LCL089, 330242, 330243, 330244, 330245, 330246, 330247, 337130, 330249, and 330250, be closed due to completion; and That project LCL095, Young’s Community Foundation, in the amount of $4,882.13, be closed with a surplus and be placed back, or retained, into the Lindsay Legacy C.H.E.S.T. Fund Reserve Account 3.24310 for inflationary growth of the fund. That project 330248 remain open. Carried
11.1.5 PRC2018-005 Request to Rescind Parks, Recreation and Culture Council Policies Jenn Johnson, Manager of Parks, Recreation and Culture Division CR2018-226 That Report PRC2018-005, Parks, Recreation and Culture Policy Update, be received; That the following policies be rescinded and removed from the policy manual; 033 CCS 005 Integrated Plant Health Care Policy 035 CCS 007 Harmonization/User Fee Task Force Policy 020 CCS 003 Trails Maintenance/Management and Trans-Canada Trail 109 CCS 013 PRC Fees and Charges Policy CP2016-008 Community Partnership and Development Fund Program Policy CP2016-009 50/50 Community Project Capital Funding Initiative Policy
10 Regular Council Meeting April 24, 2018 Page 11 of 31 034 CCS 006 Sponsorship and Dedication Policy 046 CCS 008 Border Communities Policy C-163 CCS 015 Off-Leash Dog Park Policy 053 CCS 009 Display and Sale of Tickets/Merchandise Policy C-109 CCS 002 Ice Facility Allocation Policy 088 EPW 006 Monuments and Markers Policy - Fenelon Falls Cemetery That the following policies be adopted, numbered and inserted in the Corporate Policy and Procedures Manual; 073 CCS 011 Alcohol Management of Municipal Premises Policy 141 CCS 014 Fenelon Falls Powerlinks – Fund Disbursement Policy Carried
11.1.8 CORP2018-006 2018 Tax Policies Jennifer Stover, Director of Corporate Services CR2018-227 That Report CORP2018-006, 2018 Tax Policies, be received; That optional property classes for the 2018 tax year are not adopted; That the tax rate reduction for vacant and excess land in the commercial and industrial class be set as 30% and 35% respectively for 2018; That the tax rate reduction for First Class Undeveloped Farm Land be set at 45% for 2018; That the capping and threshold parameters be established as follows:
Commercial Industrial
Annualized Tax Limit 10% 10%
Prior Year’s CVA Tax Limit 10% 10%
11 Regular Council Meeting April 24, 2018 Page 12 of 31
CVA Tax Threshold for Protected 500 500 Properties (Increasers) ($0 to $500)
CVA Tax Threshold for Clawed Back 500 500 Properties (Decreasers) ($0 to $500)
Properties that were at CVA Tax in Yes Yes 2017 or that would cross over CVA Tax in 2017 are to be excluded from capping.
That the decrease clawback parameters for 2018 be set at 0% for multi- residential, commercial and industrial; That Council approve the 2018 tax ratios as outlined in Appendix A to report CORP2018-006; and That the necessary by-laws be forwarded to Council for adoption. Carried
11.1.10 PUR2018-008 Tender Awards Q4 2017 and Q1 2018 Launa Lewis, Supervisor of Financial Services CR2018-228 That Report PUR2018-008, Tender Awards Q4 2017 and Q1 2018, be received.
Carried
11.1.15 EA2018-010 Cost Recovery for the Urbanization of Colborne St. W. in Lindsay Adam Found, Manager of Corporate Assets CR2018-229 That Report EA2018-010, Cost Recovery for the Urbanization of Colborne St. W. in Lindsay, be received;
12 Regular Council Meeting April 24, 2018 Page 13 of 31 That the City Treasurer transfer $1,229,585 from the Roads and Related account of the Development Charges Reserve to the Capital Reserve to complete cost recovery for the urbanization of Colborne St. W. in Lindsay, this being the capital work authorized by Town of Lindsay By-Law 97-56; and That Council be presented with a by-law to repeal Town of Lindsay By-Laws 97- 56 and 99-11. Carried
11.1.18 ENG2018-009
Request for Speed Reduction - CKL Road 8 Joseph Kelly, Senior Engineering Technician CR2018-230 That Report ENG2018-009 Request for Speed Reduction – CKL Road 8 be received; and That the speed limit of CKL Rd 8 from West St to a point 500m westerly be posted at 50 km/h; and That the speed limit of CKL Rd 8 from a point 500m west of West St to a point 900m westerly be posted at 60 km/h; and That the necessary by-laws for the above recommendations be forwarded to Council for adoption; and That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision. Carried
11.1.19 ENG2018-010
Request for Traffic Control - Peace Road and Yankee Line and Emily Park Road Joseph Kelly, Senior Engineering Technician CR2018-231 That Report ENG2018-010 Request for Traffic Control - Peace Road and Yankee Line/Emily Park Road, be received;
13 Regular Council Meeting April 24, 2018 Page 14 of 31 That an all-way stop be installed at the intersection of Peace Road and Yankee Line/Emily Park Road; That flashing red beacons be installed, warning of the all-way stop at the intersection of Peace Road and Yankee Line/Emily Park Road; That the necessary By-laws for the above recommendations be forwarded to council for adoption; That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision.
Carried
11.1.21 WM2018-007 Lindsay Ops Landfill Reuse Bin Pilot Project David Kerr, Manager of Environmental Services CR2018-232 That Report WM2018-007, Lindsay Ops Landfill Reuse Bin Pilot Project, be received; and
That the continuation of the Lindsay Ops Landfill Reuse Bin Project in partnership with Habitat for Humanity, be approved. Carried
11.2 Correspondence 11.2.1 CC2018-08.11.2
Mandatory Connection Pat Dunn, Councillor
CR2018-233 That the memo from Councillor Dunn entitled “Mandatory Connection” dated April 24, 2018 be received; That Staff be directed to review the impact and results of implementation of Resolution CR2017-643 and report their findings to Council; That Staff be directed to provide a report updating Council on the results of the Pilot Project for Mandatory Connections in Fenelon Falls and a review of
14 Regular Council Meeting April 24, 2018 Page 15 of 31 alternatives for addressing physical connection requirements outlined in By-Law 2014-255; and That Staff report to Council no later than the end of Q3, 2018. Carried 11.3 Items Extracted from Consent Item 11.1.7 was moved forward on the agenda to be dealt with next. 11.1.7 PRC2018-007
Bethany Property Update Craig Shanks, Director of Community Services CR2018-234 Moved By Councillor Stauble Seconded By Councillor Martin That Report PRC2018-007, Bethany Property Update, be received. Carried Councillor Stauble raised a Point of Order on the requirement for a 2/3 vote on the motion to amend Council Resolution CR2013-848. The Chair ruled that a 2/3 vote was required. Councillor Stauble appealed the Chair's decision. The Chair put the question: Is the ruling of the Chair upheld? Motion Failed The ruling of the Chair was not upheld. CR2018-235 Moved By Councillor Stauble Seconded By Councillor Pollard That Council amend Resolution CR2013-848 to remove from the list of properties in Appendix B to Report LM2013-009 those City-owned properties declared surplus to municipal needs identified as Block A and B Plan 152 in the Geographic Township of Manvers, City of Kawartha Lakes Being Part of PIN: 63260-0203 (LT), Rolls 1651 008 050 06320 and 1651 008 050 06318; and That Council proceed with the un-declaration of the Municipally Owned Property Legally Described as Block A and B Plan 152 in the Geographic Township of
15 Regular Council Meeting April 24, 2018 Page 16 of 31 Manvers, City of Kawartha Lakes Described as Parts 1 and 2 on Plan 57R-10596 Being Part of PIN: 63260-0203 (LT) and to Authorize a Grant of Easement in Favour of Hydro One Networks Inc. over Part 2 on Plan 57R-10596 for the purpose of developing Block B as Municipal Parkland, and retaining Block A as vacant greenspace. Councillor Stauble requested a recorded vote. Recorded For Against Absent Mayor Letham X Councillor Breadner X Councillor Dunn X Councillor Elmslie X Councillor James X Councillor Jilesen X Councillor Junkin X Councillor Macklem X Councillor Martin X Councillor Miller X Councillor O'Reilly X Councillor Pollard X Councillor Seymour-Fagan X Councillor Stauble X Councillor Strangway X Councillor Veale X Councillor Yeo X Results 10 7 0 Carried
16 Regular Council Meeting April 24, 2018 Page 17 of 31 CR2018-236 Moved By Councillor Breadner Seconded By Councillor Martin That staff be directed to work with the community to develop an agreement for maintenance and development of Block B as Municipal Parkland. Carried Item 11.1.17 was moved forward on the agenda to be dealt with next. 11.1.17 ENG2018-008
Request for Speed Reduction - Ballyduff Road and Lotus Road Joseph Kelly, Senior Engineering Technician CR2018-237 Moved By Councillor Stauble Seconded By Councillor Elmslie That Report ENG2018-008 Request for Speed Reduction – Ballyduff Road and Lotus Road be received. Carried
CR2018-238 Moved By Councillor Stauble Seconded By Councillor Dunn That the speed limit of Ballyduff Road from a point 1 km east of Lotus Road to a point 810m west of Lotus Road be posted at 50 km/h; That the speed limit of Lotus Road from Ballyduff Road to a point 400m north of Ballyduff Road be posted at 50 km/h; That the necessary by-laws for the above recommendations be forwarded to Council for adoption; and
That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision. Carried 11.1.1 CLK2018-004 Updated Election Documents - Use of Corporate Resources Policy, Accessibility Plan, and Election Sign By-law Cathie Ritchie, City Clerk
17 Regular Council Meeting April 24, 2018 Page 18 of 31 CR2018-239 Moved By Councillor Elmslie Seconded By Councillor Pollard That Report CLK2018-004, Updated Election Documents - Use of Corporate Resources Policy, Accessibility Plan and Election Sign By-law, be received. Carried
CR2018-240 Moved By Councillor Elmslie Seconded By Councillor Strangway That Section 3.02 (a) of the by-law to Regulate the Placement of Election Signs in the City of Kawartha Lakes be amended to read: a) placement of election signs along highways or public property, are only permitted during the period 90 days prior to voting day Carried
CR2018-241 Moved By Councillor Elmslie Seconded By Councillor Pollard That the policy entitled Use of Corporate Resources for Election Purposes, attached as Appendix A to Report CLK2018-004 be adopted and numbered for inclusion in the City’s Policy Manual, replacing all predecessor versions; and That a by-law to approve the 2018 Election Accessibility Plan attached as Appendix B and the Election Sign By-law, as amended, repealing By-law 2013- 113, attached as Appendix C to Report CLK2018-004, be forwarded to Council for adoption.
Carried
11.1.3 CS2018-006 Coboconk Medical Centre New Facility and Cost Estimate Craig Shanks, Director of Community Services CR2018-242 Moved By Councillor Yeo Seconded By Councillor Miller
18 Regular Council Meeting April 24, 2018 Page 19 of 31 That Report CS2018-006, Coboconk Medical Centre New Facility Cost Estimate, be received. Carried
CR2018-243 Moved By Councillor Yeo Seconded By Councillor James That the Coboconk Medical Centre project be forwarded to the 2019 budget for consideration.
Carried
11.1.4 CS2018-007 Kawartha North Request for Funding Craig Shanks, Director of Community Services CR2018-244 Moved By Councillor Veale Seconded By Councillor Dunn That Report CS2018-007, Kawartha North Funding Request, be received. Carried
11.1.6 PRC2018-006 Wilson Fields East Fence Craig Shanks, Director of Community Services CR2018-245 Moved By Councillor O'Reilly Seconded By Councillor Pollard That Report PRC2018-006, Wilson Fields East Fence, be received; and THAT Council direct staff to include $20,000 in the 2019 Capital Budget for the purpose of erecting a privacy fence/barrier between the municipal property known as Wilson Fields East and Heritage Way. Carried
19 Regular Council Meeting April 24, 2018 Page 20 of 31 CR2018-246 Moved By Councillor Junkin Seconded By Councillor Martin That staff be directed to consult with Victoria Condominium Corporation No. 9 on potential opportunities for cost-sharing through application to the City's 50/50 Community Project Capital Funding Initiative. Carried
11.1.7 PRC2018-007
Bethany Property Update Craig Shanks, Director of Community Services This Item was moved forward on the Agenda to be dealt with first under Items Extracted from Consent. 11.1.9 CAO2018-004 Council Remuneration Update – Tax Exempt Status Ron Taylor, Chief Administrative Officer Moved By Councillor Elmslie Seconded By Councillor Miller That Report CAO2018-004, Council Remuneration Update, be received; That the first pay of the next term of Council be fully taxed; and That the necessary by-law be forwarded to Council for adoption.
Councillor Elmslie requested a recorded vote. Recorded For Against Absent Mayor Letham X Councillor Breadner X Councillor Dunn X Councillor Elmslie X Councillor James X Councillor Jilesen X
20 Regular Council Meeting April 24, 2018 Page 21 of 31 Councillor Junkin X Councillor Macklem X Councillor Martin X Councillor Miller X Councillor O'Reilly X Councillor Pollard X Councillor Seymour-Fagan X Councillor Stauble X Councillor Strangway X Councillor Veale X Councillor Yeo X Results 5 12 0 Motion Failed
CR2018-247 Moved By Councillor Yeo Seconded By Councillor James That Report CAO2018-004, Council Remuneration Update, be received; That the first pay of the next term of Council be fully taxed; That Council salaries be adjusted to gap the loss in total remuneration from the elimination of the tax exempt status as outlined in Report CAO2018-004 and effective the next term of Council (2018-2022); and That the necessary by-law be forwarded to Council for adoption. Carried Councillor Yeo left the Council Chambers at 5:33 p.m. and did not return. Council recessed at 4:54 p.m. and reconvened at 5:03 p.m.
21 Regular Council Meeting April 24, 2018 Page 22 of 31 11.1.11 PUR2018-017 2018-51-SS Airport Management Launa Lewis, Supervisor of Financial Services Douglas Erlandson, Chair of Kawartha Lakes Municipal Airport Board CR2018-248 Moved By Councillor Strangway Seconded By Councillor Veale That Report PUR2018-017 2018-51-SS Airport Management, be received;
That the Airport Board be given approval to enter into a five year contract with Loomex Property Management Limited of Peterborough to continue managing the airport at an annual cost of $145,000.00 plus applicable taxes; That the Airport Board incorporate the applicable amount into future operating/capital budgets to cover the costs; and That subject to receipt of the required documents, the Airport Board Chair and the Corporate Services Director be authorized to execute the agreement to award Tender 2018-51-SS. Carried
11.1.12 PUR2018-019 Tender 2018-48-CT Hamilton Street Reconstruction Ashley Wykes, Buyer Corby Purdy, Supervisor, Infrastructure Design and Construction Moved By Councillor Junkin Seconded By Councillor Yeo That Report PUR2018-019, Tender 2018-48-CT Hamilton Street Reconstruction, be received; That Tender 2018-48-CT Hamilton Street Reconstruction be collapsed; and That the Hamilton Street Reconstruction Project be included in the 2019 budget for consideration. Motion Failed
22 Regular Council Meeting April 24, 2018 Page 23 of 31 CR2018-249 Moved By Councillor James Seconded By Councillor O'Reilly That Report PUR2018-019, Tender 2018-48-CT Hamilton Street Reconstruction, be received; That Hard-Co Construction Ltd. of Whitby be selected for the award of Tender 2018-48-CT Hamilton Street Reconstruction for the tender price of $2,321,309.92 plus HST; That funding in the amount of $489,375.00 be released from the Capital Reserve for the purpose of awarding this contract; That subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the agreement to award this tender; and That the Financial Services Division be authorized to issue a purchase order. Carried
11.1.13 PUR2018-020 2018-54 Single Source Purchase of One Land Ambulance Marielle van Englelen, Buyer Andrew Rafton, Commander of Operations CR2018-250 Moved By Councillor Strangway Seconded By Councillor Elmslie That Report PUR2018-020, 2018-54 Single Source Purchase of One Land Ambulance, be received; That Council authorize the single source purchase of one land ambulance to Crestline Coach Ltd. of Saskatoon, SK for the provision of one (1) 2018 land ambulance, at a total cost of $144,511.03 not including HST and That upon approval, the Financial Services be authorized to issue a purchase order. Carried
23 Regular Council Meeting April 24, 2018 Page 24 of 31 11.1.14 PUR2018-029 Tender 2018-43-CT Design/Build of Fabric Covered Material Storage Structure, Including Demolition of Existing Structure Marielle van Engelen, Buyer Richard Monaghan, Senior Engineering Technician CR2018-251 Moved By Councillor O'Reilly Seconded By Councillor Miller That Report PUR2018-029, 2018-43-CT Design/Build of Fabric Covered Material Storage structure, Including Demolition of Existing Structure, be received; That Van Pelt Construction Inc. of Mitchell, be selected for the award of Tender 2018-43-CT Design/Build of Fabric Covered Material Storage structure, Including Demolition of Existing Structure for the tender price of $185,245.00 plus HST; That Capital Project 991170101 – Lindsay Depot Roof Replacement, be closed and the remaining balance of $19,657.80 be transferred back to the capital reserves; That Capital Project 991160901 – Lindsay Depot 4 Bay Pole Barn, be closed and the remaining balance of $5,637.52 be transferred back to the capital reserves; That $25,000 be transferred from the capital reserves to cover additional funding required to complete project 991180102 – Design/Build of Fabric Covered Material Storage Structure, Including Demolition of Existing Structure and; That Financial Services be authorized to issue a purchase order. Carried
11.1.16 EA2018-011
Committed Excess Capacity Designation for Ongoing Growth-Related Projects Adam Found, Manager of Corporate Assets CR2018-252 Moved By Councillor Stauble Seconded By Councillor Elmslie That Report EA2018-011, Committed Excess Capacity Designation for Ongoing Growth-Related Projects, be received;
24 Regular Council Meeting April 24, 2018 Page 25 of 31 That it be the intention of Council to finance with development charges the projects identified in Appendix A attached to Report EA2018-011; That the excess capacity created by these projects be designated as committed excess capacity in accordance with the Development Charges Act and its regulation O. Reg. 82/98; and That the development charges financing of these projects be retroactively determined and corrected, as may be required, at an appropriate time through a future Council-approved reconciliation of the Development Charges Reserve. Carried
11.1.17 ENG2018-008 Request for Speed Reduction - Ballyduff Road and Lotus Road Joseph Kelly, Senior Engineering Technician This Item was moved forward on the Agenda to be dealt with second under Items Extracted from Consent.
11.1.20 HS2018-001
Green Municipal Fund Agreement Rod Sutherland, Director of Human Services CR2018-253 Moved By Councillor Dunn Seconded By Councillor Strangway That Report HS2018-001, Green Municipal Fund Agreement, be received; and That the necessary by-law authorizing the execution of an agreement with the Federation of Canadian Municipalities be presented to Council for adoption. Carried
11.3.1 CC2018-08.11.3.1 Commissioning of a Downtown Parking Strategy Presentation Adam Found, Manager of Corporate Assets Manager Found provided information on the Commissioning of a Downtown Parking Strategy.
25 Regular Council Meeting April 24, 2018 Page 26 of 31 CR2018-254 Moved By Councillor Dunn Seconded By Councillor Macklem That the presentation by Adam Found, Manager of Corporate Assets, regarding Commissioning of a Downtown Parking Strategy Presentation, be received. Carried 11.3.2 EA2018-009 Commissioning of a Downtown Parking Strategy Adam Found, Manager of Corporate Assets CR2018-255 Moved By Councillor O'Reilly Seconded By Councillor Strangway That Report EA2018-009, Commissioning of a Downtown Parking Strategy, be received; That a Downtown Parking Strategy project be added to the 2018 Parking Lots capital program (9831812) with a budget of $100,000 financed 67.5% from the Administration Account of the Development Charges Reserve and 32.5% from the Economic Development Reserve; and That the excess capacity created by this project be designated as committed excess capacity in accordance with the Development Charges Act and its regulation O. Reg. 82/98. Carried 12. Committee of the Whole and Planning Committee Minutes 12.1 CC2018-08.12.1 Planning Advisory Committee Meeting Minutes of April 11, 2018
CR2018-256 Moved By Councillor O'Reilly Seconded By Councillor Miller That the Minutes of the April 11, 2018 Planning Advisory Committee Meeting be received and the recommendations be adopted. Carried
26 Regular Council Meeting April 24, 2018 Page 27 of 31 13. Petitions 13.1 CC2018-08.13.1 Barron Road Sidewalk Petition Mr. and Mrs. Brian Marritt Mr. and Mrs. Patrick O'Neill This Item was moved forward on the Agenda to be dealt with after Item 10.4. 14. Other or New Business 15. By-Laws
Items 15.1.12 and 15.1.16 were extracted due to the action taken on Items 11.1.1 and 11.1.17.
The mover requested the consent of Council to read the by-laws by number only. CR2018-257 Moved By Councillor Jilesen Seconded By Councillor Junkin That the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.17 be read a first, second and third time, passed, numbered, signed and the corporate seal attached, save and except Items 15.1.12 and 15.1.16. Carried
15.1 By-Laws by Consent 15.1.1 By-law 2018-062 A By-law to Establish Tax Rates in the City of Kawartha Lakes 15.1.2 By-law 2018-063 A By-law to Set Tax Rate Reductions for the Prescribed Subclasses in the City of Kawartha Lakes 15.1.3 By-law 2018-064 A By-law to Specify the Capping and Threshold Parameters for 2018 in the City of Kawartha Lakes 15.1.4 By-law 2018-065
27 Regular Council Meeting April 24, 2018 Page 28 of 31 A By-law to Establish 2018 Tax Ratios in the City of Kawartha Lakes 15.1.5 By-law 2018-066 A By-law to Limit Tax Decreases on Commercial, Industrial and Multi- Residential Properties for 2018 in the City of Kawartha Lakes 15.1.6 By-law 2018-067 A By-Law To Amend The Township of Fenelon Zoning By-Law No. 12-95 To Rezone Land Within The City Of Kawartha Lakes - Bereznicki 15.1.7 By-law 2018-068
A By-Law To Amend The Township of Emily Zoning By-Law No. 1996-30 To Rezone Land Within The City Of Kawartha Lakes - Gingrich 15.1.8 By-law 2018-069 A By-law to Repeal By-law 2016-001, being A By-law to Appoint Additional Deputy Clerks for the City of Kawartha Lakes for Specific Purposes 15.1.9 By-law 2018-070 A By-law to Appoint a Municipal Law Enforcement Officer for Limited By- law Enforcement Purposes - English 15.1.10 By-law 2018-071 A By-law to Stop Up and Close Part of the Original Shore Road Allowance in Front of Lot 30, Concession 3, in the Geographic Township of Dalton, City of Kawartha Lakes, Designated as Part 1 on Reference Plan 57R-10642, to Authorize the Sale of the Land to the Abutting Owners 15.1.11 By-law 2018-072 A By-law to Authorize the Execution of an Agreement With the Federation of Canadian Municipalities and the Corporation of the City of Kawartha Lakes – Green Municipal Fund Project #15491 15.1.13 By-law 2018-073 A By-law to Approve the 2018 Election Accessibility Plan for the City of Kawartha Lakes 15.1.14 By-law 2018-074 A By-law to Repeal Town of Lindsay By-law 97-56, as amended by By-law 99-11, being A By-law to Provide for Certain Work to be Undertaken in
28 Regular Council Meeting April 24, 2018 Page 29 of 31 Respect of the Reconstruction of Colborne Street West with Full Municipal Services, and the Imposition by the Corporation of the Town of Lindsay of Fees and Charges Associated With the Costs of the Work Against Benefitting Landowners 15.1.15 By-law 2018-075 A By-law to Amend By-law 2012-173, being A By-law to Regulate Parking (Amendment No. 16) 15.1.17 By-law 2018-076
A By-law to Provide for the Erection of Stop Signs in the City of Kawartha Lakes (Peace Road (CKL Road 14) and Yankee Line (CKL Road 14)/Emily Park Road (CKL Road 10) Geographic Township of Emily)
15.2 By-Laws Extracted from Consent 15.1.12 By-law 2018-077 A By-Law to Repeal and Replace By-law 2013-113 and to Regulate the Placement of Election Signs in the City of Kawartha Lakes Moved By Councillor Strangway Seconded By Councillor Elmslie That By-Law to Repeal and Replace By-law 2013-113 to Regulate the Placement of Election Signs in the City of Kawartha Lakes be read a first and second time. Carried Moved By Councillor Elmslie Seconded By Councillor Martin That Section 3.02 (a) of the by-law be amended to read:
a) placement of election signs along highways or public property, are only permitted during the period 90 days prior to voting day. Carried
29 Regular Council Meeting April 24, 2018 Page 30 of 31 CR2018-258 Moved By Councillor Elmslie Seconded By Councillor Strangway That a By-Law to Repeal and Replace By-law 2013-113 to Regulate the Placement of Election Signs in the City of Kawartha Lakes, as amended, be read a third time, passed, numbered signed, and the corporate seal attached. Carried
15.1.16 By-law 2018-078
A By-law to Amend By-law 2005-328 being A By-law to Establish Speed Limits (CKL Road 8, Ballyduff Road, Lotus Road) Moved By Councillor Stauble Seconded By Councillor Martin That a By-law to Amend By-law 2005-328 being A By-law to Establish Speed Limits (CKL Road 8, Ballyduff Road, Lotus Road), be read a first and second time. Carried
Moved By Councillor Stauble Seconded By Councillor Junkin That section 2.03 of the By-law to Amend By-law 2005-328 being A By-law to Establish Speed Limits (CKL Road 8, Ballyduff Road, Lotus Road) be revised to change the speed limit points for Ballyduff Road to:
ROAD # FROM TO
Ballyduff A point 1 km east of A point 810m west of Road Lotus Road Lotus Road
Carried
CR2018-259 Moved By Councillor Stauble Seconded By Councillor Pollard
30 Regular Council Meeting April 24, 2018 Page 31 of 31 That the By-law to Amend By-law 2005-328 being A By-law to Establish Speed Limits (CKL Road 8, Ballyduff Road, Lotus Road), as amended, be read a third time, passed, numbered, signed and the corporate seal attached. Carried 16. Notice of Motion 17. Closed Session (If Not Completed Prior to Open Session) 18. Matters from Closed Session 19. Confirming By-Law 19.1 By-law 2018-079 A By-law to Confirm the Proceedings of a Regular Meeting of Council, Tuesday, April 24, 2018 CR2018-260 Moved By Councillor James Seconded By Councillor Veale That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, April 24, 2018 be read a first, second and third time, passed, numbered, signed and the corporate seal attached. Carried 20. Adjournment CR2018-261 Moved By Councillor Stauble Seconded By Councillor Elmslie That the Council Meeting adjourn at 6:28 p.m. Carried Read and adopted this 8th day of May, 2018.
______Andy Letham, Mayor Joel Watts, Deputy Clerk
31