2009 06 09 agenda

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							    The Corporation of the City of Kawartha
                    Lakes

                               AGENDA
________________________________________________________________________

               REGULAR COUNCIL MEETING

                     DATE: TUESDAY, JUNE 9, 2009
        CLOSED SESSION COMMENCING AT 1:00 P.M. – VICTORIA ROOM
                OPEN SESSION COMMENCING AT 2:00 P.M.

                           COUNCIL CHAMBERS
                               CITY HALL
              26 FRANCIS STREET, LINDSAY, ONTARIO, K9V 5R8

                                 MEMBERS

                        Mayor        R. McGee (Chair)
                        Councillor   R. Ashmore
                        Councillor   G. Campbell
                        Councillor   P. Cziraky
                        Councillor   D. Elmslie
                        Councillor   D. Hodgson
                        Councillor   G. James
                        Councillor   A. Luff
                        Councillor   D. Marsh
                        Councillor   G. McGregor
                        Councillor   P. O’Reilly
                        Councillor   L. Robertson
                        Councillor   H. Robinson
                        Councillor   S. Strangway
                        Councillor   D. Villemaire
                        Councillor   P. Warren
                        Councillor   E. Yeo


                           MEETING # CC2009-20
                                                                                     CC2009 - 20
                                                                               COUNCIL AGENDA
                                                                           TUESDAY, JUNE 9, 2009
                                                                                     Page 2 of 11

1.0   CALL TO ORDER


2.0   ADOPTION OF CLOSED SESSION AGENDA


3.0   DISCLOSURE OF PECUNIARY INTEREST IN CLOSED SESSION ITEMS


4.0   CLOSED SESSION

4.1   Privileged and Confidential Closed Minutes                      CC2009-20.4.1
      Regular Council Meeting, May 26, 2009
      Municipal Act, 2001 s.239(2)(b)(d)(e)(f)

4.2   Vincent Germani, Business Development Officer                      ED2009-013
      Personal Matter about an Identifiable Individual – Appointment to BDAB
      Municipal Act, 2001 s.239(2)(b)

4.3   Confidential Attachment to Report T-FIN2009-037                 CC2009-20.4.3
      Municipal Act, 2001 s.239(2)(g)

4.4   Donna Villemaire, Councillor                                    VERBAL
      Personal Matter about an Identifiable Individual
      Municipal Act, 2001 s.239(2)(b)

4.5   Jane Lunn, CAO                                                  VERBAL
      Personal Matter about an Identifiable Individual
      Municipal Act, 2001 s.239(2)(b)


5.0   OPENING CEREMONIES


5.1   Call Open Session to Order


5.2   O Canada


5.3   Moment of Silent Reflection


5.4   Adoption of Open Session Agenda


6.0   DISCLOSURE OF PECUNIARY INTEREST
                                                                                     CC2009 - 20
                                                                               COUNCIL AGENDA
                                                                           TUESDAY, JUNE 9, 2009
                                                                                     Page 3 of 11

7.0    MATTERS FROM CLOSED SESSION


8.0    PUBLIC INFORMATION


8.1a   Presentations


8.1b   Invited Guests (Quarterly Basis)


8.2    Notices and Information by Members of Council and Staff


8.2.1 Council


8.2.2 Staff


8.3    Notice of Motion


9.0    DEPUTATIONS

9.1    Megan and Newton Western                                               CC2009-20.9.1
       Hyler Line, Somerville Township

9.2    Ruth Barrett & Dillon Robichaud                                        CC2009-20.9.2
       Lindsay-Nayoro Twinning Committee
       40th Anniversary Celebrations
       Student Exchange Program
       Citizen’s Delegation to Nayoro

10.0   CONSENT MATTERS

       RESOLVED THAT all of the proposed resolutions shown in Section 10.1 and 10.2 of the
       Agenda and prefaced with a “C” be approved and adopted by Council in the order that they
       appear on the agenda and sequentially numbered.

10.1   Correspondence and Petitions

10.1.1 Brent Spence, Rogers Wireless, Site Acquisition Specialist             CC2009-20.10.1.1
       Proposed Rogers Wireless Telecommunications Tower
       Part Lots 18 & 19, Concession 1, geographic township of Manvers,
       City of Kawartha Lakes, 156 Sandaraska Road, Pontypool
                                                                                       CC2009 - 20
                                                                                 COUNCIL AGENDA
                                                                             TUESDAY, JUNE 9, 2009
                                                                                       Page 4 of 11

C      RESOLVED THAT the correspondence from Brent Spence, Rogers Wireless, Site Acquisition
       Specialist, regarding a proposed Rogers Wireless Telecommunications Tower located at Part
       of Lots 18 & 19, Concession 1, geographic township of Manvers, City of Kawartha Lakes, 156
       Sandaraska Road, Pontypool, be received.

10.1.2. Ron Ashmore, Councillor                                                 CC2009-20.10.1.2
        Petition – Snug Harbour Road – New Asphalt

C      RESOLVED THAT the correspondence and petition submitted by Councillor Ashmore
       requesting that Snug Harbour Road be reconstructed with new asphalt from City Road 36 to
       Pleasant Point Road, be received.

10.1.3 Ric McGee, Mayor
       Funding Application – Salute to Heroes – Past and Present

C      RESOLVED THAT Council confirm their support for the Mayor to sign the funding application
       of the Salute to Heroes – Past and Present Committee to the Community Futures
       Development Corporation.

10.1.4 Ric McGee, Mayor                                                         CC2009-20.10.1.4a)
       Pete Cziraky, Councillor
       a) Resolution – Town of Smiths Falls
          Provincial Funding for Public Libraries

       b) Kawartha Lakes Library Board Recommendation                           CC2009-20.10.1.4b)
          (To be circulated electronically)

C      RESOLVED THAT the resolution from the Town of Smiths Falls requesting the Province to
       increase its annual grants be received and supported in principle;
       THAT the recommendation of the Kawartha Lakes Public Library Board regarding Provincial
       funding for Public Libraries be endorsed; and
       THAT a copy of this resolution as it relates to City of Kawartha Lakes be forwarded to the
       Minister of Culture.

10.1.5 Kerrie Wright                                                            CC2009-20.10.1.5
       KATVA and use of Certain City Roads
       Annual Pig Roast and Ride Weekend

C      RESOLVED THAT Council approve the use of All Terraine Vehicles (ATV) on Tower Road,
       Starhill Road, Hillhead Road, Confederation Road, Post Road and Crosswind Road from
       August 7 to 9, 2009 from 7:00 a.m. to 7:00 p.m. each day for the annual Pig Roast and Ride
       Weekend;
       THAT the KATVA Club notify the residents on those roads of this pending event; and
       THAT the necessary by-law be forwarded to Council for adoption.

10.1.6 Mike Gorman, President, Kawartha Cycling Club                            CC2009-20.10.1.6
       Deterioration of Paved Roads

C      RESOLVED THAT the correspondence from Mike Gorman, President, Kawartha Cycling
       Club, regarding the gradual deterioration of paved roads around the City, be received and
                                                                                          CC2009 - 20
                                                                                    COUNCIL AGENDA
                                                                                TUESDAY, JUNE 9, 2009
                                                                                          Page 5 of 11

       referred to Public Works staff for a report back on cycling trails on roads and in consultation
       with Community Services, the Kawartha Cycling Club and the Trails Advisory Committee.

10.1.7 Jim Karygiannis, M.P., Scarborough-Agincourt                             CC2009-20.10.1.7
       Bill C-319 An Act to amend the Motor Vehicle Safety Act (speed limiters)

C      RESOLVED THAT the correspondence from Jim Karygiannis, M.P., Scarborough-Agincourt,
       regarding Bill C-319 An Act to amend the Motor Vehicle Safety Act (speed limiters), be
       received.


10.2   Minutes from:

10.2.1 Council

10.2.1.1 Minutes, Regular Council Meeting                                          CC2009-20.10.2.1.1
         May 26, 2009

C      RESOLVED THAT the Minutes of the May 26, 2009 Regular Council Meeting, be received
       and adopted.

10.2.1.2 Minutes, Special Council Meeting                                          CC2009-20.10.2.1.2
        June 2, 2009

C      RESOLVED THAT the Minutes of the June 2, 2009 Special Council Meeting be received and
       adopted.

10.2.2 Committees of Council, Advisory Boards and Task Forces

10.2.2.1 Draft Minutes, Kawartha Lakes Accessibility Advisory Committee            CC2009-18.10.2.2.1
         Meeting, May 19, 2009

C      RESOLVED THAT the Draft Minutes of the May 19, 2009 Kawartha Lakes Accessibility
       Advisory Committee (KLAAC) Meeting be received.

10.3   Reports

       RESOLVED THAT the Reports shown in Section 10.3 of the Agenda and prefaced with a “C”
       be received and the proposed recommendations adopted in the order that they appear on the
       agenda and sequentially numbered.

10.3.1 Judy Currins, Clerk                                                         CAO2009-028
       Sign By-law Amendment

C      RESOLVED THAT Report CAO2009-028, “Sign By-law Amendment”, be received;
       THAT Section 2.1 of Schedule “C” to By-law 2009-076 be amended to read:

       2.1 No person shall permit to be displayed a flashing sign in the Village of Bobcaygeon.
                                                                                         CC2009 - 20
                                                                                   COUNCIL AGENDA
                                                                               TUESDAY, JUNE 9, 2009
                                                                                         Page 6 of 11

      THAT Section 2.8 of Schedule “A” to By-law 2009-076 be replaced with the following:

      2.8 (a) Application for a Minor Deviation: An applicant whose application for a sign permit
              does not comply with all applicable provisions of this schedule may submit a written
              application to the Building Division for a minor deviation from the schedule, setting out
              the reasons why the provisions of this schedule cannot be met and why a minor
              variance should be authorized, together with all applicable non-refundable fees.

      2.8 (b) Authorization of a Minor Deviation – Private Property: The Chief Building Official
              may authorize a minor deviation if, in his or her opinion, the general intent and purpose
              of this schedule would be maintained and, in that event, the Chief Building Official shall
              issue a sign permit to the applicant if the application complies with all other applicable
              provisions of this schedule and all applicable law.

      2.8 (c) Minor Deviation Fee: The fee for such a minor deviation application shall be
              $100.00.

10.3.2 Leanne Mitchell                                                            FIN2009-028
       2009 Q1 Capital Close Report

C     RESOLVED THAT Report FIN2009-028, “2009 Q1 Capital Close Report”, be received;
      THAT the capital projects identified to be closed due to completion be approved;
      THAT project RD0821 – Roadside Protection be closed with a total surplus of $70,945.47 and
      placed into the Public Works committed area of the Capital Projects Reserve 2-2-9997-2310
      CRPW;
      THAT projects WW0604 – King’s Bay – Well Upgrade and WW0783 – Design for Lindsay
      Water Pollution Plant-Class EA be closed with a total surplus of $186,958.01 and placed into
      the Water Infrastructure Reserve 6-2-9997-2310;
      THAT projects VM0712 – Tub Replacements and VM0817 – Office Upgrades be closed with a
      total surplus of $16,822.51 and transferred to project VM0714 – Building Condition
      Assessment;
      THAT projects IT0707 – Cabinets for Remotes Locations, IT0709 – Building LAN Cabling
      Improvings and IT0810 – Network Cable Replace Lindsay SC be closed with a total surplus of
      $48,211.25 and transferred to project IT0905 – Local Area Network Upgrades &
      Replacements;
      THAT project VM0711 – Victoria Manor – Infection Control Software be closed with a surplus
      of $10,000 and transferred to project VM0713 – Victoria Manor – RAI-MDS Software Project;
      THAT project IT0805 – Hardware Refresh be closed with a surplus of $21,987.71 and
      transferred to project IT0906 – Client Hardware Upgrades and Replacements;
      THAT project IT0706 – Intrusion Prevention System be closed with a surplus of $10,000 and
      transferred to project IT0806 – Intrusion Prevention System;
      THAT projects C0354 – Upgrade & Integrate Telephone Equipment, IT0604 – Upgrade City
      Hall Phone System and IT0808 – Replace Telephone Systems Lindsay/Minden be closed with
      a total surplus of $67,913.26 and transferred to project IT0907 – Voice Comm. Equip.
      Upgrades and Replacements; and
      THAT the Capital Projects Reserve 2-2-9997-2310 be increased to close the total under-
      expenditure in the remaining projects of $405,630.94.
                                                                                       CC2009 - 20
                                                                                 COUNCIL AGENDA
                                                                             TUESDAY, JUNE 9, 2009
                                                                                       Page 7 of 11


10.3.3 Doug Carroll, Manager of Planning                                        DEV2009-046
       Proposed Amendments to the Official Plans for the County of Victoria,
       Village of Fenelon Falls, Township of Ops and Town of Lindsay Official Plans

C      RESOLVED THAT Report DEV2009-046, “Draft Amendments to County of Victoria, Village of
       Fenelon Falls, Township of Ops and Town of Lindsay Official Plans”, be received for
       information; and
       THAT the Draft Official Plan Amendments, attached as Appendix ‘ to Report DEV2009-046 be
       considered at a formal public meeting in keeping with the requirement of the Planning Act and
       the respective Regulations.

10.3.4 Carole Weldon, Manager of Purchasing                                     T-FIN2009-035
       Tender 2009-38-CT Contractor for the Reconstruction of William Street

C      RESOLVED THAT Report T-FIN2009-035, “Contractor for the Reconstruction of William
       Street”, be received; and
       THAT Tender 2009-38-CT for Reconstruction of William Street be awarded to the lowest,
       compliant bid received from Hard-Co Construction, for the total tendered amount of
       $1,121,394.72, taxes included.

10.3.5 Carole Weldon, Manager of Purchasing                                     T-FIN2009-036
       Tender 2009-57-CT Contractor for the Reconstruction of Francis Street

C      RESOLVED THAT Report T-FIN2009-036, “Contractor for the Reconstruction of Francis
       Street”, be received; and
       THAT Tender 2009-57-CT for Reconstruction of Francis Street be awarded to the lowest,
       compliant bid received from Hard-Co Construction, for the total tendered amount of
       $496,058.85, taxes included.

10.3.6 Carole Weldon, Manager of Purchasing                                  T-FIN2009-037
       Request for Proposal 2009-66-CP Professional Engineering Services for
       Hydrological and Hydraulic Analysis and Drainage Review
       Fenelon Falls Drainage Area (Basin DD)

C      RESOLVED THAT Report T-FIN2009-037, “Request for Proposal 2009-66-CP Professional
       Engineering Services for Hydrological and Hydraulic Analysis and Drainage Review Fenelon
       Falls Drainage Area (Basin DD)”, be received; and
       THAT Request for Proposal 2009-66-CP for Professional Engineering Services for
       Hydrological and Hydraulic Analysis and Drainage Review Fenelon Falls Drainage Area be
       awarded to the highest scoring proposal submitted by Valdor Engineering Inc., of
       Woodbridge.

10.3.7 Melissa Featherstone, Workplace Health and Safety Officer                HR2009-002
       Occupational Health and Safety Policy

C      RESOLVED THAT Report HR2009-002, “Occupational Health and Safety Policy”, be
       received; and
                                                                                       CC2009 - 20
                                                                                 COUNCIL AGENDA
                                                                             TUESDAY, JUNE 9, 2009
                                                                                       Page 8 of 11

       THAT the policy entitled “Occupational Health and Safety Policy”, appended to Report
       HR2009-002 be adopted, numbered and inserted in the Corporate Policy and Procedures
       Manual.

10.3.8 Melissa Featherstone, Workplace Health and Safety Officer               HR2009-003
       Update to the Health and Safety Accident / Incident Reporting and
       Investigation Policy

C      RESOLVED THAT Report HR2009-003, “Update to the Health and Safety – Accident /
       Incident Reporting and Investigation Policy”, be received; and
       THAT Corporate Policy 040 HR 019, Health and Safety – Accident / Incident Reporting and
       Investigation and its Appendices be rescinded and removed from the City Corporate Policy
       Manual.

10.3.9 Craig Shanks, Manager, Parks, Recreation & Culture                      CS2009-034
       Margaret Cunningham, Tourism Development Officer
       Special Events Support Programs

C      RESOLVED THAT Report CS2009-034, “Special Events Support Programs”, be received;
       THAT Appendix A be approved as the Revised Policy 018 CCS 001 Community Partnership
       and Development Fund Program;
       THAT Appendix B be approved as the Revised Policy 021 ED 001 Special Events Economic
       Development Partnership Fund Program;
       THAT funding for both these programs be established to the limits indicated in the policy
       through the 2010 Budget Process;
       THAT any additional requests for the funding of special events in the 2009 calendar year be
       considered directly by Council using the two revised policies as guidance in decision making;
       and.
       THAT any funds remaining from Council’s approved 2009 allocation for special events be
       applied to the 2010 Economic Development Partnership Fund Program.

10.3.10Andrew Boyd, Supervisor, Solid Waste Services                           PW2009-018
       Curbside Collection Set-Out Limit Increase, Medical Waste

C      RESOLVED THAT Report PW2009-018, “Curbside Collection Set-Out Limit Increase, Medical
       Waste”, be received; and
       THAT a By-law to amend Section 4 and Schedule ‘E’ of By-law 2007-024, being a By-law
       dealing with the collection, removal and disposal of Solid Waste within the City of Kawartha
       Lakes be adopted.

10.3.11Rudy Huisman, Director of Finance                                       FIN2009-025
       Renewal of Contract with National Waste

C      RESOLVED THAT Report FIN2009-025, “Renewal of Contract with National Waste”, be
       received; and
       THAT The Mayor and Clerk be authorized to sign the contract extension with National Waste
       Services Inc. for the timeframes and purpose previously identified in Resolution CR2008-753,
       however, also recognizing that the base rate will be $8.50 per month per household for 2009
                                                                                      CC2009 - 20
                                                                                COUNCIL AGENDA
                                                                            TUESDAY, JUNE 9, 2009
                                                                                      Page 9 of 11

       plus a fuel surcharge calculated in accordance with the agreement when fuel prices exceed
       $0.85 per litre and as approved in the 2009 Operating Budget.


11.0   COMMITTEE OF THE WHOLE


11.1   Correspondence Extracted from Consent


11.2   Minutes Extracted from Consent:

11.2.1 Council


11.2.2 Committees of Council, Advisory Boards and Task Forces


11.3   Reports Extracted from Consent


12.0   COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES


13.0   CORRESPONDENCE AND PETITIONS


14.0   OTHER OR NEW BUSINESS

14.1   Ric McGee, Mayor                                                       CC2009-20.14.1
       Future Use of The Municipally Owned Lands
       To The North of The Correctional Centre – Road 36

14.2   Andrew Boyd, Supervisor, Solid Waste Services                          CC2009-20.14.2
       Municipal Impact – Collapse of Recyclables Commodities Market

14.3   Ron Ashmore, Councillor                                                VERBAL
       Rebate for Low Income Seniors and Disabled
       (Referred from May 26, 2009 Council Meeting)

14.4   David Hodgson, Councillor                                              VERBAL
       Glenn Campbell, Councillor
       Drainage Board Issues
       (Referred from May 26, 2009 Council Meeting)

14.5   Ken Becking, Director of Public Works                                  VERBAL
       Safety Procedures and Clean-up – Roadside Brushing
       (Referred from May 26, 2009 Council Meeting)
                                                                                               CC2009 - 20
                                                                                         COUNCIL AGENDA
                                                                                     TUESDAY, JUNE 9, 2009
                                                                                              Page 10 of 11


14.6   Ron Ashmore, Councillor                                                          CC2009-20.14.6
       Ditching –Shamrock Rd. and Centreline Rd.

       The following is from the May 26, 2009 Council Meeting Minutes:

       CR2009-625
       Moved by Councillor Ashmore, seconded by Councillor Hodgson,
       RESOLVED THAT the ditch in front of the Marshall and Bittner farms be given a quick cleanout in 2009;
       THAT the Herlihey property be given a quick cleanout to allow the water to move along the ditch and not
       into the adjacent field or along the roadway.

       Moved by Councillor Campbell, seconded by Councillor Yeo,
       RESOLVED THAT the matter be deferred until the next regular Council Meeting.”

14.7   Ken Becking, Director of Public Works                                            CC2009-20.14.7
       Correspondence from John Gerretsen, Minister of the Environment
       Kawartha Lakes Road CPR Road 24 Bridge

14.8   Lloyd Robertson, Councillor                                                      CC2009-20.14.8
       Ontario Municipal Board

14.9   Andrew Boyd, Supervisor, Solid Waste Services                                    CC2009-20.14.9
       Kearns Disintegrator

14.10 Howard Robinson, Councillor                                                       CC2009-20.14.10
      Colborne Street, Lindsay, River Crossing


15.0   BY-LAWS

       RESOLVED THAT the By-laws shown in Section 15.1 of the Agenda and prefaced with a ‘C’,
       namely: Items 15.1.1 to and including 15.1.8 be read a first, second and third time, passed,
       numbered, signed and the corporate seal attached.

15.1   By-Laws by Consent

15.1.1 A by-law to appoint an Assistant Fire Chief and to create and prescribe CC2009-20.15.1.1
C      the duties and responsibilities of this Office in the City of Kawartha Lakes
       (M. Pankhurst)

15.1.2 A by-law to repeal By-law 2007-197 that appoints an Assistant Fire               CC2009-20.15.1.2
C      Chief and prescribe the duties and responsibilities of this Office in the
       City of Kawartha Lakes

15.1.3 A by-law to authorize the Kawartha All Terrain Vehicle Association          CC2009-20.15.1.3
C      to use certain roads in the City of Kawartha Lakes for a specific time period

15.1.4 A by-law to amend By-law 2009-076, a By-law to regulate Advertising              CC2009-20.15.1.4
C      Devices in the City of Kawartha Lakes (Amendment No. 1)
                                                                                        CC2009 - 20
                                                                                  COUNCIL AGENDA
                                                                              TUESDAY, JUNE 9, 2009
                                                                                       Page 11 of 11


15.1.5 A by-law to stop up and close part of Talbot Street, Plan 15, in the     CC2009-20.15.1.5
C      geographic Township of Eldon, City of Kawartha Lakes, designates
       as Part 1 on Reference Plan 57R-9681, and to authorize the sale of
       the land to the abutting owners

15.1.6 A by-law to amend By-law 2005-25, a By-law to Regulate Noise in the      CC2009-20.15.1.6
C      City of Kawartha Lakes (Amendment No. 6)

15.1.7 A by-law to amend By-law 2007-024, a By-law dealing with the collection CC2009-20.15.1.7
C      removal and disposal of solid waste within the City of Kawartha Lakes

15.1.8 A by-law to authorize the execution of an Agreement with the Ministry of CC2009-20.15.1.8
C      Agriculture, Food and Rural Affairs for the Broadband Expansion Project –
       Second Intake

15.2   By-Laws Extracted from Consent
         rd
15.2.1 3 Reading, By-law 2009-116, a By-law to regulate the operation of        CC2009-20.15.2.1
       All-Terrain Vehicles on Municipal Highways in the City of Kawartha Lakes


16.0   CLOSED SESSION (IF NOT COMPLETED PRIOR TO OPEN SESSION)


17.0   MATTERS FROM CLOSED SESSION


18.0   CONFIRMING BY-LAW


19.0   ADJOURNMENT


sdr/03-jun-09/16,065

						
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