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2011-04-12_minutes.doc - City of Kawartha Lakes

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2011-04-12_minutes.doc - City of Kawartha Lakes Powered By Docstoc
					    The Corporation of the City of Kawartha
                    Lakes

                              MINUTES
________________________________________________________________________

               REGULAR COUNCIL MEETING

                     DATE: TUESDAY, APRIL 12, 2011
        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. Dunn
                        Councillor   D. Elmslie
                        Councillor   D. Hodgson
                        Councillor   G. James
                        Councillor   B. Junkin
                        Councillor   A. Luff
                        Councillor   J. Macklem
                        Councillor   G. McGregor
                        Councillor   P. O‟Reilly
                        Councillor   H. Stauble
                        Councillor   S. Strangway
                        Councillor   D. Villemaire
                        Councillor   P. Warren
                        Councillor   E. Yeo


                           MEETING # CC2011-13
                                                                                         CC2011 - 13
                                                                                  COUNCIL MINUTES
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                                                                                         Page 2 of 22

1.0   CALL TO ORDER

      Mayor McGee called the Meeting to order at 1:00 p.m. Councillors G. Campbell, P. Dunn,
      D. Elmslie, G. James, B. Junkin, A. Luff, J. Macklem, G. McGregor, P. O‟Reilly, S. Strangway,
      D. Villemaire and E. Yeo were in attendance.

      Interim CAO D. Paterson, Clerk J. Currins and Directors B. Knight, M. Hendry, and R. Taylor
      were also in attendance.

      Late Arrival:         Councillor Stauble            1:05 p.m.
                            Councillor Hodgson            1:10 p.m.
                            Councillor Ashmore            1:13 p.m.


2.0   ADOPTION OF CLOSED SESSION AGENDA

      Moved by Councillor Elmslie, seconded by Councillor O’Reilly,
      RESOLVED THAT the Closed Session agenda be adopted as circulated and with the
      following amendment:

      4.9    Glenn Campbell, Councillor
             Legal Issue relating to Report FIN2011-013
             North-West Trunk Sanitary Sewer Project
             Municipal Act, 2001 s.239(2)(e) and (f)

      And that Item 4.9 be dealt with immediately after 4.7 and before 4.8.

                                                                               CARRIED CR2011-411

3.0   DISCLOSURE OF PECUNIARY INTEREST IN CLOSED SESSION ITEMS

      There was no declaration of pecuniary interest made by any member.

4.0   CLOSED SESSION

      Moved by Councillor Luff, seconded by Councillor Macklem,
      RESOLVED THAT Council convene into closed session at 1:02 p.m. in order to consider
      matters on the Tuesday, April 12, 2011 Closed Session Agenda and 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 CR2011-412
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5.0   OPENING CEREMONIES


5.1   Call Open Session to Order

      Mayor McGee called the Open Session of the Meeting to order at 2:00 p.m. Councillors
      R. Ashmore, G. Campbell, P. Dunn, D. Elmslie, D. Hodgson, G. James, B. Junkin, A. Luff,
      J. Macklem, G. McGregor, P. O‟Reilly, H. Stauble, S. Strangway, D. Villemaire and E. Yeo
      were in attendance.

      Interim CAO D. Paterson, Clerk J. Currins, Deputy Clerk S. Richardson, Directors M. Hendry,
      R. Huisman, B. Knight, R. Taylor and K. Williams and Acting Director P. Twohey were also in
      attendance.

      Early departures: Councillor J. Macklem and Councillor E. Yeo at 5:33 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

      Councillor Luff requested that the correspondence received from The Orsi Group today
      regarding the Northwest Trunk Sanitary Sewer, be added to the agenda as item 13.3.

      Moved by Councillor Villemaire, seconded by Councillor Stauble,
      RESOLVED THAT the Open Session agenda be adopted as circulated and with the following
      amendments:

      ADDITION – DEPUTATIONS

      9.4    Donna Howard                                             CC2011-13.9.4
             Northwest Trunk Sanitary Sewer

      ADDITION – CONSENT AGENDA – CORRESPONDENCE

      10.1.9 Ministry of Citizenship and Immigration                  CC2011-13.10.1.9
             Lincoln M. Alexander Award 2011

      C      RESOLVED THAT the correspondence from the Ministry of Citizenship and
             Immigration regarding the Lincoln M. Alexander Award 2011, be received and referred
             to interested youth groups and school boards.
                                                                                       CC2011 - 13
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                                                                                       Page 4 of 22


      10.1.10 Ministry of Infrastructure                                CC2011-13.10.1.10
              The Places to Grow Act, 2005
              Request for Alternative Intensification and Designated Greenfield
              Area Density Targets for the City of Kawartha Lakes

      C      RESOLVED THAT the correspondence from the Ministry of Infrastructure regarding
             the Places to Grow Act, 2005 and the City‟s request for alternative intensification and
             designated Greenfield Area Density Targets, be received and referred to staff.

      ADDITION - CORRESPONDENCE AND PETITIONS

      13.2   Martyn Stollar, Managing Director                           CC2011-13.13.2
             J. Stollar Construction Limited
             Northwest Trunk Sanitary Sewer Financial Plan
             Report FIN2011-013 – Item 10.4.2 on the Agenda

      13.3   The Orsi Group                                              CC2011-13.13.3
             Northwest Trunk Sanitary Sewer Financial Plan
             Report FIN2011-013 – Item 10.4.2 on the Agenda
                                                                              CARRIED CR2011-424


6.0   DISCLOSURE OF PECUNIARY INTEREST

      Councillor Stauble declared a pecuniary interest to Item 4.4 as one of the applicants is her
      mother.

      Councillor James declared a pecuniary interest to Item 10.1.7 as the item relates to a request
      from his son.

7.0   MATTERS FROM CLOSED SESSION

      Moved by Councillor McGregor, seconded by Councillor Luff,
      RESOLVED THAT the Mayor present the Environmental Hero of the Year Award for 2010 to
      the nominee at the May 31, 2011 Special Council meeting on behalf of the City.
                                                                           CARRIED CR2011-425


      Moved by Councillor Elmslie, seconded by Councillor Dunn,
      RESOLVED THAT, in response to any requests for disclosure that may be received, staff be
      authorized to disclose the following correspondence from consultants concerning the testing
      of masonry tie-backs at Victoria Manor:
          1. Letter to Bob Knight, Director, Health and Social Services, from Doug Snyder, Snyder
             and Associates Inc., dated January 14, 2011, with the heading “Victoria Manor/Existing
             Exterior Wall Assembly Exploratory Review and Report”;
          2. E-mail to Doug Snyder from Spyros Aplidgiotis of Alspex Building Consultants Inc.
             dated January 12, 2011 with the subject heading “Study of potential damage to
             masonry tie-backs”;
                                                                                       CC2011 - 13
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           3. E-mail to Doug Snyder from Karl Buczkowski of Hastings and Aziz Ltd., Consulting
              Structural engineers, dated January 13, 2011 at 2:59 p.m. entitled “8555 Victoria
              Manor – Study of potential damage to masonry tie-backs”; and
           4. E-mail to Doug Snyder from Karl Buczkowski on the same matter dated January 13,
              2011 at 4:06 p.m.; and
       THAT disclosure of information in the listed items of correspondence be permitted during
       discussions of this matter that may occur during the open session of April 12, 2011.
                                                                              CARRIED CR2011-426

       Councillor Stauble left the Council Chambers during discussion of the next item due to her
       previously declared pecuniary interest.

       Moved by Councillor Strangway, seconded by Councillor Macklem,
       RESOLVED THAT the following members of the public be appointed to the City of Kawartha
       Lakes Accessibility Advisory Committee (KLAAC): Mary Ann Fitzpatrick, Jane McLean and
       Elizabeth Peeters, each for a three (3) year term ending December 31, 2013; and
       THAT George (Dick) Foster, Anne Johnston, Hafiz Makani and Brenda O‟Keefe be appointed
       to the City of Kawartha Lakes Accessibility Advisory Committee (KLAAC) for a one (1) year
       term ending December 31, 2011.
                                                                            CARRIED CR2011-427

       Councillor Stauble returned to the Council Chambers.

       Moved by Councillor Yeo, seconded by Councillor James,
       RESOLVED THAT staff be authorized, as per section 8.01 of Property Standards By-law
       2002-119, to proceed under Section 15.4(1) of the Building Code Act, 1992, to cause the
       water heater at 96 ½ Queen Street, Lindsay, to be replaced;
       THAT the replacement work be awarded to Godwin Plumbing, in the amount of $750.00;
       THAT the cost of the work undertaken be recovered through property taxes as a lien on land
       having priority lien status, per Section 15.4(4) of the Building Code Act; and
       THAT all future reports relating to an Order issued as a result of a Property Standards
       complaint be dealt with in Open Session with personal information blacked out.
                                                                                 CARRIED CR2011-428


8.0    PUBLIC INFORMATION


8.1a   Presentations


8.1b   Invited Guests (Quarterly Basis)


8.2    Notices and Information by Members of Council and Staff
                                                                                         CC2011 - 13
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8.2.1 Council

      Councillor Villemaire announced that the City of Kawartha Lakes will receive a rebate of
      $234,376.00 for 2010 O.P.P. policing costs as the amount paid to the O.P.P. was greater than
      the amount actually billed.

      Councillor Ashmore announced that students from St. Thomas Aquinas Catholic Secondary
      School are raising funds to build a school in Sri Lanka. Their goal is to raise $8,500.00 for this
      project. Students will be at the Lifestyle Show this week-end collecting donations. The
      students will also be holding a “Me to We‟ dinner and silent auction on May 5 starting at 6:00
      p.m. Tickets are $50.00 and are available at the school. Councillor Ashmore reminded
      everyone that the Canadian Cancer Society is holding their daffodil campaign this month and
      encouraged everyone to purchase daffodils.

      Councillor Elmslie invited everyone to attend the Fenelon Falls Home Show which is taking
      place at the Fenelon Falls Arena on April 29 and 30 and May 1.

      Councillor Dunn invited everyone to his Town Hall meeting on April 13 starting at 6:30 p.m. at
      the Queen Street United Church. The main topic will be Transit Routes in the City with the
      Transit Committee being in attendance to help respond to questions.

      Councillor O‟Reilly announced that Cody Hodgson, son of former M.P.P. Chris Hodgson, has
      been called up to the Vancouver Canucks NHL team for the play-offs.

      Mayor McGee announced that on May 6 the Paul Henderson Jersey display will be in the city
      of Kawartha Lakes for all to come out to see. He encouraged Council and staff to speak to
      their Minor Hockey Associations to come out to this event. More details are forthcoming.


8.2.2 Staff


8.3   Notice of Motion


9.0   DEPUTATIONS

9.1   David Taylor                                                                CC2011-13.9.1
      Request for Reduction in Water Bill – Underground Water Leak

      David Taylor advised Council that it was only after he had received an extremely high water
      bill from the City that he discovered there was an underground leak between his house and a
      shop on this property. He requested Council consider lowering his water bill to a lesser
      amount.

      Moved by Councillor Campbell, seconded by Councillor Elmslie,
      RESOLVED THAT the deputation by David Taylor requesting a reduction in a water billing, be
      received;
                                                                                      CC2011 - 13
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                                                                                      Page 7 of 22

      THAT the City waive Policy Number 059 FD 006 – Contested High Consumption Policy in this
      instance; and
      THAT Mr. Taylor‟s invoice for the quarter being contested be reduced to the average billing of
      the previous four billing quarters.
                                                                            CARRIED CR2011-429

9.2   Brenda Karagiannis, Chair, Business Development Advisory Board            CC2011-13.9.2
      Effects of Recent Negative Publicity on Economic Development

      Brenda Karagiannis, Chair of the Business Development Advisory Board (BDAB), stated that it
      is the BDAB‟s opinion that the publicity on recent legal and personnel issues the City has been
      receiving is negatively impacting businesses looking at locating in the City. She stated that
      the BDAB is requesting Council to help in getting rid of this negativity, possibly by doing a
      media blitz to promote the City to show there are positive things happening here.

      Moved by Councillor Elmslie, seconded by Councillor Ashmore,
      RESOLVED THAT the deputation by Brenda Karagiannis, Chair of the Business Development
      Advisory Board, regarding the Business Development Advisory Board‟s recommendation to
      mitigate the economic effects of recent negative publicity, be received.
                                                                               CARRIED CR2011-430


9.3   Marty Stollar                                                             CC2011-13.9.3
      Northwest Sanitary Sewer Financing
      Item 10.4.2 on the Agenda

      Marty Stollar stated that when the Northwest Sanitary Sewer project was first introduced, it
      was for one system only. Recent reports are indicating there will now be two (2) independent
      sanitary sewer systems – the Jennings Creek Sanitary Sewer and a Gravity Sewer and that
      any savings will be credited solely to the Gravity System. He stated the Jennings Creek
      Sanitary Sewer is needed but did question the necessity of the Gravity System.

      Moved by Councillor Dunn, seconded by Councillor Macklem,
      RESOLVED THAT the deputation by Marty Stollar regarding the Northwest Sanitary Sewer
      Financing, be received.
                                                                       CARRIED CR2011-431


9.4   Donna Howard                                                              CC2011-13.9.4
      Northwest Trunk Sanitary Sewer

      Donna Howard had a number of questions for Council and staff with respect to the financing
      of the Northwest Sanitary Sewer project.

      Moved by Councillor Junkin, seconded by Councillor Strangway,
      RESOLVED THAT the deputation by Donna Howard regarding the Northwest Sanitary Sewer,
      be received.
                                                                    CARRIED CR2011-432

      Moved by Councillor Luff, seconded by Councillor McGregor,
                                                                                     CC2011 - 13
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                                                                                     Page 8 of 22

      RESOLVED THAT Item 10.4.2 be moved up on the agenda to be the next item of business to
      be dealt with.
                                                                     CARRIED CR2011-433

10.4.2 Michelle Hendry, Director of Public Works                               FIN2011-013
       Ron Taylor, Director of Development Services
       Sara Beukeboom, Manager of Budget and Financial Planning
       Northwest Sanitary Sewer Financing

      Moved by Councillor Luff, seconded by Councillor McGregor,
      RESOLVED THAT Report FIN2011-013, “Endorsement of the Northwest Trunk (NWT)
      Sanitary Sewer Financial Plan”, be received;
      THAT Council endorse the Municipal Act Capital Charge as the mechanism for cost recover
      on the NWT;
      THAT Council direct staff to bring forward a Municipal Act Capital Charge By-law for cost
      recovery for the NWT Sanitary Sewer project upon completion of the infrastructure
      emplacement, and that the future By-law address matters including, but not limited to:
          1. a commuted payment option, with a maximum 20 year repayment term option for the
             financing model; and
          2. a mechanism to collect the proportionate Municipal Act capital charge at the time of
             development approval and/or sale of land; and
          3. finalized project cost estimates, design flow assumptions and land inventory
             assumptions;
      THAT Council approve a representative chosen by the benefitting development community to
      be appointed to sit on a NWT Steering Committee, upon agreement to the Terms of
      Reference;
      THAT approval be given to proceed with the completing and finalization of the detailed design
      and the tendering for construction of the NWT project; and
                                                                                      th
      THAT staff bring forward the Municipal Act Capital Charge By-law to the July 12 Council
                    st     nd                   rd
      Meeting for 1 and 2 reading with the 3 reading to occur when the finalized costs are
      known.

      A recorded vote was requested by Councillor Campbell and Councillor Macklem.


       Member                                             In Favour                Against
       Councillor Junkin                                      X
       Councillor Villemaire                                  X
       Councillor Campbell                                                             X
       Councillor Dunn                                       X
       Councillor Strangway                                  X
       Councillor Macklem                                    X
       Councillor Warren                                   Absent                   Absent
       Councillor Yeo                                        X
       Councillor Hodgson                                    X
       Councillor Elmslie                                    X
       Councillor James                                      X
       Councillor McGregor                                   X
       Councillor Ashmore                                    X
                                                                                       CC2011 - 13
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                                                                                       Page 9 of 22

        Councillor Stauble                                     X
        Councillor Luff                                        X
        Councillor O‟Reilly                                    X
        Mayor McGee                                            X
                                                               15                     1
                                                                              CARRIED CR2011-434

10.0   CONSENT MATTERS

       The following items were requested to be extracted from the Consent Agenda.


         Councillor Ashmore                  Items 10.1.2, 10.3.4, 10.3.8
         Councillor Villemaire               Item 10.1.7
         Councillor McGregor                 Items 10.1.8, 10.3.1, 10.3.6
         Councillor Junkin                   Items 10.3.9, 10.3.10

       Moved by Councillor James, seconded by Councillor Campbell,
       RESOLVED THAT all of the proposed resolutions shown in Section 10.1,10.2 and 10.3 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, save and except Items 10.1.2, 10.1.7,
       10.1.8, 10.3.1, 10.3.4, 10.3.6, 10.3.8, 10.3.9 and 10.3.10, namely:

       10.1.1
       RESOLVED THAT the correspondence from the Ministry of Community Safety and
       Correctional Services inquiring as to the City‟s willingness to serve as a host community for
       evacuations should they be required, be received and referred to staff for a report back to
       Council.
                                                                                          CR2011-435

       10.1.3
       RESOLVED THAT the request from Sir Sandford Fleming College requesting an exception
       to the current City of Kawartha Lakes By-law 2008-215, Open Air Burn By-law, be received
       and referred to staff for a report back to Council.
                                                                                      CR2011-436

       10.1.4
       RESOLVED THAT the memorandum to Council Members from Bob Knight, Director of Health
       and Social Services, dated March 29, 2011 and entitled “Order of the Chief Building Official to
       Test Masonry Tie-Backs at Victoria Manor”, be received for information.
                                                                                         CR2011-437

       10.1.5
       RESOLVED THAT the correspondence from the Ministry of Infrastructure providing an update
       on the progress of the Government of Ontario‟s 10-year infrastructure plan, be received.
                                                                                         CR2011-438

       10.1.6
                                                                                CC2011 - 13
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                                                                               Page 10 of 22

RESOLVED THAT the correspondence from the Ministry of Health and Long-Term Care
advising of the grant adjustment for the Land Ambulance Services Grant for 50:50 Partnership
in the amount of $80,422.00, be received.
                                                                                CR2011-439

10.1.9
RESOLVED THAT the correspondence from the Ministry of Citizenship and Immigration
regarding the Lincoln M. Alexander Award 2011, be received and referred to interested youth
groups and school boards.
                                                                                CR2011-440

10.1.10
RESOLVED THAT the correspondence from the Ministry of Infrastructure regarding the
Places to Grow Act, 2005 and the City‟s request for alternative intensification and designated
Greenfield Area Density Targets, be received and referred to staff.
                                                                                    CR2011-441


10.2.1.1
RESOLVED THAT the Minutes of the March 22, 2011 Regular Council Meeting, be received
and adopted.
                                                                          CR2011-442

10.2.1.2
RESOLVED THAT the Minutes of the March 29, 2011 Special Council Meeting, be received
and adopted.
                                                                          CR2011-443

10.3.2
RESOLVED THAT Report ES2011-008, “Extension of the Municipal Forest Fire Protection
Agreement between the City of Kawartha Lakes and the Ministry of Natural Resources”, be
received;
THAT the Municipal Forest Fire Management Agreement with the Ministry of Natural
Resources attached as Schedule A to Report ES2011-008, be supported; and
THAT a by-law to authorize the execution of documents, attached as Appendix A to Report
ES2011-008, be forwarded to Council for adoption.
                                                                              CR2011-444

10.3.3
RESOLVED THAT Report ES2011-009, “Fire Truck Specification Review Committee”, be
received;
THAT Council adopt the recommended Terms of Reference for the Fire Truck Specification
Review Committee as outlined in Appendix “A” attached to Report ES2011-009; and
THAT Council appoint the Council representatives to the Fire Truck Specification Review
Committee.
                                                                                 CR2011-445


10.3.5
                                                                                       CC2011 - 13
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       RESOLVED THAT Report PW2011-017, “Study Completion Report for Brown’s Bridge”, be
       received for information purposes;
       THAT Council endorse the preferred solution and design as developed by AECOM in the
       February 2011 report entitled Study Completion Report for Brown‟s Bridge; and
       THAT additional funding to be funded from the Capital Projects Reserve 2-2-9997-2310 in
       order to complete the project this year. (Additional costs are estimated at $100,000.00 subject
       to tender and contract award.)
                                                                                          CR2011-446

       10.3.7
       RESOLVED THAT Report T-FIN2011-013, “Request for Proposal 2011-05-OP Janitorial
       Services”, be received;
       THAT the highest scoring Proponent for each location be selected for award for Janitorial
       Services for a term of two seasons with one, 12 month optional season renewal;
       THAT Canaan Contracting Janitorial Services be awarded: Bethany Service Centre,
       Bobcaygeon Service Centre, Burnt River Library, Coboconk Service Centre, Fenelon Falls
       Library, Kinmount Library, Kirkfield Nurse Practitioners Office and Kirkfield Service Centre;
       and
       THAT M.T. Cleaning Services Ltd. be awarded: City of Kawartha Lakes Police Services,
       Lindsay Fire Headquarters, Lindsay Library, Lindsay Ops Scale House and Administration
       Building, Lindsay Service Centre, Lindsay Sewage Plant, Lindsay Water Treatment Plant,
       Oakwood Information Centre, Omemee Service Centre, Public Works Administration and
       Woodville Library.
                                                                                           CR2011-447
                                                                                              CARRIED

       The Meeting recessed at 3:24 p.m. and reconvened at 3:40 p.m.

10.4   REPORTS EXTRACTED FROM CONSENT

10.1.2 CAA Auto Insurance Travel                                          CC2011-13.10.1.2
       CAA South Central Ontario and OGRA Proposal to have H.S.T. Gas Tax Revenue
       Dedicated to Transportation Infrastructure and Maintenance

       Moved by Councillor Ashmore, seconded by Councillor Elmslie,
       RESOLVED THAT the correspondence from CAA Auto Insurance Travel dated March 15,
       2011, be received; and
       THAT the resolution attached to the correspondence from CAA be adopted as printed,
       namely:

       WHEREAS the introduction of the Harmonized Sales Tax (H.S.T.) on July 1, 2010, and its
       application to gasoline and diesel sales will result in new revenue for the Government of
       Ontario; and
       WHEREAS based on 2010 average price levels of gasoline and diesel, and 2009 average
       consumption levels in Ontario, the Government of Ontario‟s projected new revenue will be
       approximately $1.53 billion annually; and
       WHEREAS the Provincial-Municipal Fiscal and Service Delivery Review identified a
       transportation infrastructure investment gap between the Government of Ontario and
       Ontario‟s municipalities of approximately $3.8 billion; and
                                                                                       CC2011 - 13
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       WHEREAS a lack of sufficient funding for essential transportation infrastructure construction,
       maintenance and rehabilitation has created a situation where many of Ontario‟s municipalities
       do not have the financial capacity to construct new transportation infrastructure and conduct
       the maintenance and rehabilitation needed to sustain existing transportation infrastructure;
       RESOLVED THAT the Council of the City of Kawartha Lakes requests that the Government of
       Ontario consider directing the revenue derived from H.S.T. charged on gasoline and diesel
       sales to a new predictable funding mechanism that will allow Ontario‟s municipalities to make
       the critical investments needed to be effective stewards of transportation infrastructure;
       THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, Honourable Dwight
       Duncan, Minister of Finance, Honourable Kathleen Wynne, Minister of Transportation,
       Honourable Bob Chiarelli, Minister of Infrastructure, M.P.P. Rick Johnson and all opposition
       parties, the Ontario Good Roads Association and to CAA South Central Ontario; and
       THAT this resolution be circulated to all municipalities in Ontario requesting their support.
                                                                                CARRIED CR2011-448


       Councillor James left the Council Chambers for discussion of Item 10.1.7 due to his previously
       declared pecuniary interest.

10.1.7 Dustin James                                                             CC2011-13.10.1.7
       Request for Exemption from Noise By-law

       Moved by Councillor Villemaire, seconded by Councillor Yeo,
       RESOLVED THAT the correspondence from Dustin James requesting an exemption from the
       City‟s Noise By-law 2005-25, as amended, on June 4 and 5, 2011, be received and referred to
       staff for review and report back to Council.
                                                                           CARRIED CR2011-449

       Councillor James returned to the Council Chambers.

10.1.8 Michael Gundry, Manager, Water, AECOM                                    CC2011-13.10.1.8
       Class Environmental Assessment: Water and Wastewater Treatment
       System Capacity Upgrades to Service the Community of Omemee

       Moved by Councillor McGregor, seconded by Councillor Junkin,
       RESOLVED THAT the correspondence from Michael Gundry, Manager, Water, AECOM,
       regarding Class Environmental Assessment: Water and Wastewater Treatment System
       Capacity Upgrades to Service the Community of Omemee, be received;
       THAT the CAO review current policies to see if current policies capture Council directions on
       Environmental Assessment Projects and report back to Council; and
       THAT correspondence be sent to AECOM thanking them for their candor.
                                                                              CARRIED CR2011-450

10.3.1 Pat Twohey, Acting Director of Emergency Services                        ES2011-005
       Fire Area Rating – Volunteer vs. Fulltime Firefighters

       Moved by Councillor McGregor, seconded by Councillor Villemaire,
       RESOLVED THAT Report ES2011-005, “Fire Area Rating – Volunteer vs. Fulltime
       Firefighters”, be received;
                                                                                         CC2011 - 13
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                                                                                        Page 13 of 22

       THAT staff provide a business case study to analyze the cost and/or benefits of providing full-
       time firefighter service versus volunteer firefighter service for all stations using data from the
       past three years or the information currently inputted into the Fire House software program;
       and
       THAT the report review the costs and times of all emergency calls, including ambulance calls
       as part of the analysis.
                                                                                    CARRIED CR2011-451

10.3.4 Ron Taylor, Director of Development Services                                DEV2011-040
       Swimming Pool By-law Amendment Update

       Moved by Councillor Ashmore, seconded by Councillor O’Reilly,
       RESOLVED THAT Report DEV2011-040,”Swimming Pool By-law Amendment Update”, be
       received; and
       THAT a By-law, substantially in the form attached as Appendix A to Report DEV2011-033 be
       forwarded to Council for third and final reading and adoption.
                                                                            CARRIED CR2011-452

10.3.6 Leanne Mitchell, General Clerk                                              FIN2011-008
       2010 Q4 Capital Close Report

       Moved by Councillor McGregor, seconded by Councillor Strangway,
       RESOLVED THAT Report FIN2011-008, “2010 Q4 Capital Close Report”, be received;
       THAT the capital projects identified to be closed due to completion be approved;
       THAT projects IT0802, VM0701, VM0703 and VM0705 be closed with a total surplus of
       $98,335.91 to be transferred to the Capital Projects Reserve dedicated to Victoria Manor;
       THAT projects IT0815 – Document Imaging/Workflow and IT0829 – Lifecycle Management
       Plan for IT assets be closed and the total surplus of $70,000.00 to be transferred to the
       Capital Projects Reserve dedicated to Information Technology to fund 2011 capital projects;
       THAT project IT0909 – Server System Software Replacement and Upgrades be closed with a
       surplus of $7,500.00 and transferred to project IT1009 – Server System Software
       Replacement and Upgrades;
       THAT project A00704 - Defibrillators be closed with a surplus of $13,210.99 and transferred to
       the Ambulance Reserve 1-2-9993-2909;
       THAT the six projects PC1001, PC1004, PC1007, PC1012, PC1013 and PC1014 highlighted
       in Police Services be closed and the total surplus of $20,571.99 to be transferred to the
       Kawartha Lakes Police Services Contingency Reserve 1-2-9997-2889;
       THAT project AP0902 – Airport Repairs be closed with a surplus of $6,477.82 to be
       transferred to the Capital Projects Reserve dedicated to the Airport;
       THAT the four projects FL1006, FL1013, FL1015 and FL1022 highlighted in Fleet be closed
       and the total surplus of $79,432.25 to be transferred to the Public Works Fleet Reserve 1-2-
       9997-2320;
       THAT project RD0709 – Traffic Control Devices be closed with a surplus of $146,033.43 to be
       transferred to project RD1013 – New Streetlight Installation for the design of Angeline and
       Colborne Street;
       THAT project RD0816 – Streetlight Program be closed with a surplus of $118,224.34 to be
       transferred to project RD1013 – New Streetlight Installation for work to be done on Bolton St.
       in Bobcaygeon;
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       THAT project RD0912 - Streetlights be closed with a surplus of $93,486.67 to be transferred
       to project RD1013 – New Streetlight Installation;
       THAT project RD0809 – Traffic Control be closed with a surplus of $28,296.10 to be
       transferred to project RD1014 – Traffic Improvement for work to be done on Green Street;
       THAT project RD0914 – Traffic Control be closed with a surplus of $21,647.67 to be
       transferred to project RD1014 – Traffic Improvement for work to be done on Weldon Road.;
       THAT project RD0902 – Parking Lot Upgrade/Maintenance be closed with a surplus of
       $7,000.00 to be transferred to project RD1015 - Parking for work to be done on York Street
       Parking Lot;
       THAT the three projects PR0806, PR0914 and PR1011 highlighted in Parks and Recreation
       be closed and the total surplus of $70,782.33 to be transferred to the Capital Projects Reserve
       dedicated to Community Services;
       THAT project C0208 – GIS Mapping Upgrade be closed with a surplus of $15,570.18 and
       transferred to project IT1008 – Corporate Applications; and
       THAT the Capital Projects Reserve 2-2-9997-2310 be increased to close the total under-
       expenditure in the remaining projects of $259,090.69.
                                                                               CARRIED CR2011-453

10.3.8 Debbie Ball, Buyer                                                        T-FIN2011-011
       Request for Proposal 2011-21-OP – Consulting Services for the
       Implementation of a Roads Needs Study

       Moved by Councillor Elmslie, seconded by Councillor Hodgson,
       RESOLVED THAT Report T-FIN2011-011, “Request for Proposal 2011-21-OP - Consulting
       Services for Implementation of a Roads Needs Study”, be received;
       THAT RFP 2011-21-OP – Consulting Services for Implementation of a Roads Needs Study
       be awarded to McCormick Ranking Corporation, from Mississauga, Ontario, being the highest
       scoring proposal received; and
       THAT financing of $99,947.27 be transferred from the Public Works committed portion of the
       Capital Projects Reserve 2-2-9997-2310 CRPW to the Operating component for the Roads
       Needs Study (SRN E1167).

       A recorded vote was requested by Councillor Junkin.

        Member                                             In Favour                 Against
        Councillor Ashmore                                                             X
        Councillor Junkin                                                              X
        Councillor Villemaire                                  X
        Councillor Campbell                                    X
        Councillor James                                       X
        Councillor Stauble                                     X
        Councillor Luff                                        X
        Councillor Strangway                                   X
        Councillor Macklem                                   Absent                   Absent
        Councillor Warren                                    Absent                   Absent
        Councillor O‟Reilly                                    X
        Councillor Yeo                                         X
        Councillor Hodgson                                     X
        Councillor Elmslie                                     X
                                                                                        CC2011 - 13
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        Councillor McGregor                                     X
        Councillor Dunn                                         X
        Mayor McGee                                             X
                                                                13                    2
                                                                              CARRIED CR2011-454




10.3.9 Debbie Ball, Buyer                                                    T-FIN2011-012
       Single Source – AWI (Anthratech Western Inc.) Phoenix Underdrain System
       for Lindsay Water Treatment Plant

       Moved by Councillor Junkin, seconded by Councillor Luff,
       RESOLVED THAT Report T-FIN2011-012, “Single Source – AWI (Anthratech Western Inc.)
       Phoenix Underdrain System for Lindsay Water Treatment Plant”, be received; and
       THAT a purchase order be issued to AWI (Antratech Western Inc.) to supply and oversee the
       installation of a Phoenix Underdrain System at the Lindsay Water Treatment Plant for a price
       of $61,400.00 plus tax.
                                                                            CARRIED CR2011-455

10.3.10 Debbie Ball, Buyer                                                  T-FIN2011-014
        Tender 2011-17-CT Construction of Concrete Sidewalks, Curbs and Gutters

       Moved by Councillor Junkin, seconded by Councillor Macklem,
       RESOLVED THAT Report T-FIN2011-014, “Tender 2011-17-CT Construction of Concrete
       Sidewalks, Curbs and Gutters”, be received;
       THAT Tender 2011-17-CT for the Construction of Concrete Sidewalks, Curbs and Gutters be
       awarded to Signature Contractors Windsor Inc., of Windsor, being the lowest and most
       compliant bid received for all three sections of the tender, for the tender price of $297,813.62
       (net H.S.T.) or $330,708.70 (incl. H.S.T.); and
       THAT staff be authorized to maximize the work undertaken providing such work is within the
       budgetary allocation for this capital program.
                                                                                 CARRIED CR2011-456


10.4.1 Bob Knight, Director, Health and Social Services                           HSS2011-006
       Funding Requirement for Door Retrofit Project at Victoria Manor

       Moved by Councillor Yeo, seconded by Councillor Elmslie,
       RESOLVED THAT Report HSS2011-006, “Funding Requirement for Door Retrofit Project at
       Victoria Manor”, be received; and
       THAT Council:
           1. authorize an increase in the maximum value of the Purchase Order already issued to
               Snyder and Associates Inc., Architects (Snyder), to an amount based on a new
               quotation to be obtained from Snyder but in any case no more than $65,919.00 not
               including HST, for consulting services related to the preliminary assessment, design,
                                                                                        CC2011 - 13
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               tendering, and contract administration services for capital project VM1102, “External
               Door Security – Compliance with Long-Term Care Homes Act” (the Project);
          2.   authorize issuance of a Purchase Order to Edwards Sprinkler (Edwards) in the amount
               of $10,895.00, as a Single Source procurement, for renovations to the three main
               entrance/exit doors as part of VM1102;
          3.   authorize transfer of funds from the Capital Reserve committed for Victoria Manor for
               the work being purchased from Snyder and Edwards;
          4.   because time is of the essence, delegate to the Mayor and either the Interim Chief
               Administrative Officer (CAO) or the Director of Finance the authority to:
                   a. award the construction contract for the project following completion of a public
                       tendering process; and
                   b. commit funds from the Victoria Manor Capital Reserve (VCMR), and if
                       necessary, from the City‟s Capital Reserve, to support the cost of construction
                       as awarded;
          5.   require that any funds taken from the City‟s Capital Reserve at the time of the award of
               the contract be repaid to the Capital Reserve from the VCMR once the VCMR has
               been replenished;
          6.   request the Mayor to send a letter of concern to the Minister of Health and Long-Term
               Care about the financial impact of O. Reg. 79/10, Section 9.1, and copy the letter to
               Rick Johnson, MPP, the Ontario Association of Non-Profit Homes and Services for
               Seniors (OANHSS), and the Association of Municipalities of Ontario (AMO); and
          7.   direct staff to request that the Ministry of Health and Long-Term Care clarify whether
               or not the Compliance Orders will be amended, and that they extend the prescribed
               date for compliance with Section 9 of O. Reg. 79/10 relating to doors in a home to
               December 31, 2011.
                                                                               CARRIED CR2011-457

10.4.2 Michelle Hendry, Director of Public Works                                  FIN2011-013
       Ron Taylor, Director of Development Services
       Sara Beukeboom, Manager of Budget and Financial Planning
       Northwest Sanitary Sewer Financing

       (Note to Minutes: Refer to Pages 7 & 8 of these Minutes for Resolution to this Item.)

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
                                                                                     CC2011 - 13
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12.0   COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES


13.0   CORRESPONDENCE AND PETITIONS

13.1   Martyn Stollar, Managing Director                                       CC2011-13.13.1
       J. Stollar Construction Limited
       Northwest Sanitary Sewer Financial Analysis by Watson & Associates

       Moved by Councillor Luff, seconded by Councillor Macklem,
       RESOLVED THAT the correspondence from Martyn Stollar, Managing Director, J. Stollar
       Construction Limited, regarding the Northwest Sanitary Sewer Financial Analysis by Watson &
       Associates, be received.
                                                                            CARRIED CR2011-458


13.2   Martyn Stollar, Managing Director                                       CC2011-13.13.2
       J. Stollar Construction Limited
       Northwest Trunk Sanitary Sewer Financial Plan
       Report FIN2011-013 – Item 10.4.2 on the Agenda

       Moved by Councillor Hodgson, seconded by Councillor Luff,
       RESOLVED THAT the correspondence from Martyn Stollar, Managing Director, J. Stollar
       Construction Limited, regarding the Northwest Trunk Sanitary Sewer Financial Plan, Report
       FIN2011-013, be received.
                                                                            CARRIED CR2011-459

13.3   The Orsi Group                                                          CC2011-13.13.3
       Northwest Trunk Sanitary Sewer Financial Plan
       Report FIN2011-013 – Item 10.4.2 on the Agenda

       Moved by Councillor Luff, seconded by Councillor Ashmore,
       RESOLVED THAT the correspondence from The Orsi Group regarding the Northwest Trunk
       Sanitary Sewer Financial Plan, Report FIN2011-013, be received.
                                                                       CARRIED CR2011-460


14.0   OTHER OR NEW BUSINESS

14.1   Michelle Hendry, Director of Public Works                               CC2011-13.14.1
       Office of the Ontario Drainage Referee
       Court File Numbers CV0085/08, CV103/08 and CV103/08-A1
       Short and 2A Drains

       Director Hendry provided a brief summary of the three (3) Supplemental Reasons for Decision
       on Petitions for Abandonment of the Short and 2A Drains. She noted that a further court date
                                                                                     CC2011 - 13
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       has been scheduled for June 14, 2011 at the Court House to allow the Referee to hear
       motions and make his final decisions.

       Moved by Councillor Macklem, seconded by Councillor Strangway,
       RESOLVED THAT the verbal report by Director Hendry and the written Office of the Ontario
       Drainage Referee Supplemental Reasons for Decision on Petitions for Abandonment of Short
       and 2A Drains, be received.
                                                                           CARRIED CR2011-461

14.2   Ministry of Transportation                                             CC2011-13.14.2
       Response to Councillor Luff‟s Correspondence regarding
       Highway Signage

       Moved by Councillor Luff, seconded by Councillor Yeo,
       RESOLVED THAT the correspondence from Councillor Luff and The Honourable Kathleen
       Wynne, Minister of Transportation, regarding signing changes on Highway 401 at the Highway
       35/115 interchange be received;
       THAT staff be directed to contact Ministry of Transportation staff to work towards the
       implementation of the changes; and
       THAT „The City of Kawartha Lakes‟ be the preferred signage.

       Moved by Councillor Villemaire, seconded by Councillor Macklem,
       RESOLVED THAT this matter be deferred until such time as a report is received from the
       Manager of Economic Development at the May 10 Council Meeting.
                                       The motion to defer was put and CARRIED CR2011-462


14.3   Ric McGee, Mayor                                                       VERBAL
       Council Appointments to a) Waste Management Committee
                               b) Policing Task Force

       Moved by Councillor McGregor, seconded by Councillor James,
       RESOLVED THAT Councillors Luff, Junkin, McGregor, Warren and Macklem be appointed to
       the Waste Management Committee of Council; and
       THAT Councillors Dunn and Macklem be appointed to the Police Task Force.
                                                                         CARRIED CR2011-463



14.4   Pat Dunn, Councillor                                                   VERBAL
       Go-Bus Services

       Councillor Dunn provided Council with a memorandum outlining the background to this issue.

       Moved by Councillor Dunn, seconded by Councillor James,
       RESOLVED THAT the memorandum from Councillor Dunn dated April 12, 2011 regarding Go
       Bus Service to the City of Kawartha Lakes, be received;
       THAT Council endorse the efforts to bring Go Bus service to the City of Kawartha Lakes –
       Lindsay connection;
                                                                                        CC2011 - 13
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                                                                                       Page 19 of 22

       THAT correspondence be forwarded to the President of Go Transit/Metro Links over the
       Mayor‟s signature requesting Go Bus service to the City of Kawartha Lakes – Lindsay
       Connection with a copy of the correspondence being sent to MP Barry Devolin, MPP Rick
       Johnson, the president of Sir Sandford Fleming College and the Seniors Advisory Committee;
       THAT the Mayor or designate be authorized to contact the MP and MPP to discuss this Go
       Bus Service issue; and
       THAT a report on this issue be brought back to Council by the end of the second quarter.
                                                                              CARRIED CR2011-464


15.0   BY-LAWS

       The mover requested consent of Council to read by-laws by number only.

       Moved by Councillor Elmslie, seconded by Councillor Ashmore,
       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 15.1.17 be read a first, second and third time, passed,
       numbered, signed and the corporate seal attached, namely:

15.1.1 A by-law to repeal an existing By-law regulating Council procedures
                                                                                        CR2011-465

15.1.2 A by-law to repeal existing By-laws regulating fireworks
                                                                                        CR2011-466

15.1.3 A by-law to repeal existing By-laws regulating temporary road closures
                                                                                        CR2011-467

15.1.4 A by-law to repeal an existing by-law relating to Public Works Appointments
                                                                                        CR2011-468

15.1.5 A by-law to repeal an existing By-law regulating Utilities Hydro
                                                                                        CR2011-469

15.1.6 A by-law to repeal existing By-laws regulating Utility Water
                                                                                        CR2011-470

15.1.7 A by-law to repeal existing By-laws regulating Council
                                                                                        CR2011-471

15.1.8 A by-law to repeal an existing By-law regarding investing
                                                                                        CR2011-472

15.1.9 A by-law to repeal existing By-laws regarding assumption of roads policies
                                                                                        CR2011-473

15.1.10 A by-law to repeal an existing By-law regarding sidewalks
                                                                                        CR2011-474
                                                                                       CC2011 - 13
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15.1.11 A by-law to stop up and close part of the unopened road allowance legally described as Part
       Lot 3, Con A, being Part 1 on Plan 57R9892 (Part of PIN 63120-1314) and Part of the Road
       Allowance between Con A and Front Range, being Part 2 and 3 on Plan 57R9892 (Part of PIN
       63120-0742) in the geographic Township of Somerville, City of Kawartha Lakes, and to
       authorize the sale of the land together with an easement in favour of Hydro One Networks Inc.
       over Part 1 on Plan 57R9892 (Watt – Monck Road)
                                                                                        CR2011-475

15.1.12 A by-law to repeal By-law 2010-195, being a By-law to stop up and close part of the
       unopened road allowance legally described as Part Lot 3, Con A, being Part 1 on Plan
       57R9892 (Part of PIN 63120-1314) and Part of the Road Allowance between Con A and Front
       Range, being Part 2 and 3 on Plan 57R9892 (Part of PIN 63120-0742) in the former
       geographic Township of Somerville, City of Kawartha Lakes, and to authorize the sale
       of the land together with an easement in favour of Hydro One Networks Inc. over Part 1 on
       Plan 57R9892
                                                                                         CR2011-476

15.1.13 A by-law to stop up and close part of the original shore road allowance along Lake Dalrymple
       lying in front of Lot 11, Concession 1, in the geographic Township of Carden, City of Kawartha
       Lakes, designated as Part 1 on Reference Plan 57R9939, and to authorize the sale of the
       land to the abutting owners (Maida – Campbell Beach)
                                                                                         CR2011-477

15.1.14 A by-law to stop up and close part of the original road allowance between Concession Front
       Range and Concession 6, in the former geographic Township of Somerville, legally described
       as part of the original road allowance between Concession Front Range and Concession 6, in
       the former geographic Township of Somerville, City of Kawartha Lakes, being Part 3 and Part
       4 on Plan 57R9910 (Part of PIN 63118-0653(LT)) and to authorize the sale of the land
       (Cedarhurst Quarries)
                                                                                       CR2011-478

15.1.15 A by-law to repeal By-law 2010-196, being a by-law to stop up and close part of the original
       road allowance between Concession Front Range and Concession 6, in the former
       geographic Township of Somerville, legally described as part of the original road allowance
       between Concession Front Range and Concession 6, in the former geographic Township of
       Somerville, City of Kawartha Lakes, being Part 3 and Part 4 on Plan 57R9910 (Part of PIN
       63118- 0653(LT)) and to authorize the sale of the land
                                                                                          CR2011-479

15.1.16 A by-law to authorize the execution of a Municipal Forest Fire Protection Agreement between
       the Ministry of Natural Resources and the City of Kawartha Lakes
                                                                                        CR2011-480

15.1.17 A by-law to authorize the execution of an amending agreement for a Grant Funding
       Agreement between Her Majesty in Right of Ontario as represented by the Minister of the
       Environment and the City of Kawartha Lakes
                                                                                      CR2011-481
                                                                                         CARRIED
                                                                                        CC2011 - 13
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                                                                                       Page 21 of 22


15.2   By-Laws Extracted from Consent

15.2.1 Third Reading By-law 2011-030, A by-law to amend By-law 2005-314           CC2011-13.15.2.1
       respecting swimming pools and swimming pool fences

       Moved by Councillor Luff, seconded by Councillor Dunn,
       RESOLVED THAT By-law 2011-030, a by-law to amend By-law 2005-314 respecting
       swimming pools and swimming pool fences, be amended as follows:

       1.06 Section 1.00 of By-law 2005-314 be amended by adding the following:

       1.05 Conflicts: In the event, any conflict that arises, with any zoning by-law which was in
       effect in the City of Kawartha Lakes on the date of passage of this by-law, dealing with the
       installation of swimming pools, the requirements of this by-law shall prevail.

       Section 2.00 of By-law 2005-314 be amended by deleting the section and replacing it with the
       following:

       2.02 Section Permit Required: A permit referred to in Section 2.01 is required for all in-
       ground pools and pools in which the water depth at any point is capable of exceeding 1.2
       metres.
                                                                             CARRIED CR2011-482

       Moved by Councillor Luff, seconded by Councillor Dunn,
       RESOLVED THAT By-law 2011-030, being a by-law to amend by-law 2005-314 respecting
       swimming pools and swimming pool fences, be read a third time, as amended, passed, signed
       and the corporate seal attached.
                                                                           CARRIED CR2011-483



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


17.0   MATTERS FROM CLOSED SESSION


18.0   CONFIRMING BY-LAW

       Moved by Councillor McGregor, seconded by Councillor James,
       RESOLVED THAT a by-law to confirm the proceedings of a Regular Council Meeting held
       Tuesday, April 12, 2011 be read a first, second and third time, passed, numbered, signed and
       the corporate seal attached.
                                                                              CARRIED CR2011-484


19.0   ADJOURNMENT
                                                                              CC2011 - 13
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                                                                             Page 22 of 22

       Moved by Councillor James, seconded by Councillor Junkin,
       RESOLVED THAT the Council Meeting adjourn at 5:43 p.m.
                                                                    CARRIED CR2011-485




Read and adopted this 26th day of April, 2011.



                                                        ______________________________
                                                                                 Mayor



                                                           ___________________________
                                                                                 Clerk



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