council meeting 2014_04_08_merged_agenda_package

1

The Corporation of the City of Kawartha Lakes

AMENDED AGENDA____________________________________________________________

REGULAR COUNCIL MEETING

DATE: TUESDAY, APRIL 08, 2014CLOSED SESSION COMMENCING AT 1:30 P.M. - COUNCIL CHAMBERS

OPEN SESSION COMMENCING AT 2:00 P.M.

COUNCIL CHAMBERSCITY HALL

26 FRANCIS STREET, LINDSAY, ONTARIO, K9V 5R8

MEMBERS

MEETING # CC2014-11

Mayor Ric McGeeCouncillor Ron AshmoreCouncillor Glenn CampbellCouncillor Pat DunnCouncillor Doug ElmslieCouncillor David HodgsonCouncillor Gord JamesCouncillor Brian S. JunkinCouncillor Andy LuffCouncillor John MacklemCouncillor Gerald McGregorCouncillor Patrick O'ReillyCouncillor Heather StaubleCouncillor Stephen StrangwayCouncillor Donna VillemaireCouncillor Pat WarrenCouncillor Emmett Yeo

2

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 CC2014-11.4.1

Confidential Closed Minutes, Regular Council Meeting

March 25, 2014

Municipal Act, 2001 s.239(2)(b)(d)

4.2 ED2014-009

Lance Sherk, Director of Economic Development

Lindsay Downtown Business Improvement Area - Board Appointments

Personal Matter about Identifiable Individuals

Municipal Act, 2001 s.239(2)(b)

4.3 PLAN2014-021

Ron Taylor, Director of Development Services

OMB Mediation Update (Stollar Appeal - Dunster Investments Inc. and Woods of

Jennings Creek)

Advice that is Subject to Solicitor-Client Privilege

Municipal Act, 2001 s.239(2)(f)

5.0 OPENING CEREMONIES

5.1 Call Open Session to Order

5.2 O Canada

5.3 Moment of Silent Reflection

3

5.4 Adoption of Open Session Agenda

6.0 DISCLOSURE OF PECUNIARY INTEREST

7.0 MATTERS FROM CLOSED SESSION

8.0 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

8.3.2 Staff

8.4 Notice of Motion

9.0 DEPUTATIONS

10.0 CONSENT MATTERS

C 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.

10.1 Correspondence

10.1.1 CC2014-11.10.1.115 - 15

Donna Villemaire, Councillor

Impact of CASL Legislation on Municipal Communications

4

C RESOLVED THAT the memorandum from Councillor Villemaire regarding Canadian

Anti-Spam Legislation (CASL) and its potential for impact on municipal communications,

be received;

THAT the CAO undertake a review of the legislation to identify relevant impact(s) and

action(s) necessary to be undertaken by the municipality prior to the July 1, 2014

deadline;

THAT the CAO prepare a municipal policy on the implementation of CASL;

THAT the CAO develop an appropriate training program for all municipal staff; and

THAT the CAO's report be presented to Council at the May 13, 2014 Council meeting.

10.1.2 CC2014-11.10.1.216 - 16

Jim Bradley, Minister of the Environment

Lakeview Water Cooperative

C RESOLVED THAT the March 24, 2014 correspondence from Jim Bradley, Minister of

the Environment, regarding the Lakeview Water Cooperative, be received.

10.2 Minutes from:

10.2.1 Council

10.2.1.1 CC2014-11.10.2.1.117 - 36

Minutes, Regular Council Meeting

March 25, 2014

C RESOLVED THAT the Minutes of the March 25, 2014 Regular Council Meeting, be

received and adopted.

10.2.1.2 CC2014-11.10.2.1.237 - 45

Minutes, Special Council Meeting

March 27, 2014

C RESOLVED THAT the Minutes of the March 27, 2014 Special Council Meeting, be

received and adopted.

5

10.2.2 Committees of Council, Advisory Boards and Task Forces

10.2.2.1 CC2014-11.10.2.2.146 - 50

Minutes, Kawartha Lakes Accessibility Advisory Committee

February 20, 2014

C RESOLVED THAT the Minutes of the February 20, 2014 Kawartha Lakes Accessibility

Advisory Committee, be received.

10.3 Reports

10.3.1 PUR2014-02051 - 59

Karen Buckley, Buyer

Heather Dzurko, Waste Management Operations Supervisor

Final Cover at the Fenelon and Laxton Landfill Sites

C RESOLVED THAT Report PUR2014-020, Final Cover at Fenelon and Laxton Landfill

Sites, be received;

THAT the lowest compliant tender received from Young's Construction of Fenelon Falls,

be selected for the award of Tender 2014-31-CT for the final cover at Fenelon and

Laxton landfill sites for the tender price of $100,450.04 plus $13,058.51 HST, for a total

tender amount of $113,508.55; and

THAT subject to receipt of the required documents the Mayor and Clerk be authorized

to execute the contract to award this tender.

10.3.2 PUR2014-02160 - 62

Debbie Ball, Buyer

Juan Rojas, Manager of Engineering Services

Single or Sole Source Approval for the Relocation of Infrastructure on Logie Street,

Town of Lindsay

6

C RESOLVED THAT Report PUR2014-021, Single Source Approval for the Relocation

of Infrastructure on Logie Street, Town of Lindsay, be received;

THAT Hydro One be selected for the award of Single or Sole Source Approval for the

relocation of infrastructure on Logie Street, in the Town of Lindsay, at the estimated

price of $138,435.32 plus $17,996.59 HST for a total amount of $156,431.91; and

THAT the Purchasing Division be authorized to issue a Purchase Order.

10.3.3 PUR2014-02363 - 67

Debbie Ball, Buyer

Juan Rojas, Manager of Engineering

Tender 2014-32-CT - Rehabilitation of Lindsay Street North Bridge, Lindsay

C RESOLVED THAT Report PUR2014-023, Tender 2014-32-CT-Rehabilitation of

Lindsay Street North Bridge, Lindsay, be received;

THAT All Services Incorporated Courtice be selected for the award of Tender 2014-32-

CT for the rehabilitation of the Lindsay Street North bridge for the tender price of

$538,310.00 plus $69,980.30 HST for a total tendered amount of $608,290.30;

THAT subject to receipt of the required documents, the Mayor and Clerk be authorized

to execute the contract to award this tender; and


10.3.4 RT2014-00368 - 84

Christine Norris, Corporate Services Manager, Revenue and Taxation

2014 Tax Policy Decisions

C RESOLVED THAT Report RT2014-003, 2014 Tax Policy Decisions, be received;

THAT the City of Kawartha Lakes does not adopt optional property classes for 2014;

THAT the 2014 tax rate reduction provided to commercial and industrial properties

where the land is in the property subclass of vacant land, or excess land is as follows:

7

Commercial: 30%

Industrial: 35%;

THAT the 2014 tax rate reduction provided to properties where the land is in the

property subclass of Farmland awaiting development is:

First Class Undeveloped Farm Land: 45%;

THAT a by-law, substantially in the form attached as Appendix 'A' to Report RT2014-

003, be forwarded to Council for adoption in relation to the property subclass reductions;

THAT the following Capping and Threshold Parameters by-law, substantially in the form

attached as Appendix 'B' to Report RT2014-003 be adopted in relation to the property

subclass reductions:

Commercial Industrial Multi-Residential

Annualized Cap

Limit10% 10% 10%

Prior Year's CVA

Limit5% 5% 5%

CVA Threshold

(protected

properties)

$250.00 $250.00 $250.00

CVA Threshold

(clawed back

properties)

$250.00 $250.00 $250.00

Exclude properties

that were at CVA tax

in 2008

Yes Yes Yes

Exclude properties

that would cross

over CVA tax in

2009

Yes Yes Yes

8

THAT the 2014 tax decrease retained by the municipality to fund capping protection forthe following protected property classes be as follows:

Commercial: 0%Industrial: 0%Multi-residential: 0%

and;THAT a by-law substantially in the form attached as Appendix 'C' to Report RT2014-003, be forwarded to Council for adoption in relation to the tax decrease limits.

10.3.5 RT2014-00485 - 92


2014 Tax Ratios

C RESOLVED THAT Report RT2014-004, 2014 Tax Ratios, be received;

THAT the 2014 Tax Ratios be adopted as:

Property Class Tax Ratio

Multi-Residential 1.979653

Commercial 1.277500

Industrial 1.277500

Pipeline 1.967203

Farm 0.25

Farmland Awaiting Development 0.55

Managed Forest 0.25

and;THAT a by-law substantially in the form attached as Appendix 'A' to Report RT2014-004, be forwarded to Council for adoption.

9

10.3.6 RT2014-00593 - 101


2014 Low Income Seniors and Disabled Persons Program

C RESOLVED THAT Report RT2014-005, 2014 Low Income Seniors and Disabled

Persons Program, be received;

THAT for qualifying Low Income Seniors 65 years of age and older, and for Low Income

Disabled Persons the 2013 rebate be established at $175.00 including a component for

unduly burdensome pursuant to section 365;

THAT for qualifying property owners in the age bracket 55 - 64 years of age:

- the combined taxable income, with their spouse (if applicable), as reported on Line 260

(Taxable Income) of the previous year's Income Tax Notice of Assessment was less or

equal to $26,400.00;

- rebates will include budgetary and assessment related increases to a maximum of

$175.00; and the minimum rebate will be $25.00

and;

THAT a by-law, substantially in the form attached as Appendix 'A' to Report RT2014-

005, be forwarded to Council for adoption.

10.3.7 SOC2014-003102 - 146

Rod Sutherland, Acting Director of Health and Social Services

Poverty Reduction Strategy - Transportation Action Plan

C RESOLVED THAT Report SOC2014-003, Poverty Reduction Strategy -

Transportation Action Plan, be received; and

THAT the Transportation Action Plan recommendations be received and endorsed.

10.3.8 FIRE2014-002147 - 157

Pat Twohey, Deputy Chief

License Amendment Agreement between the City of Kawartha Lakes and Bell Canada

10

C RESOLVED THAT Report FIRE2014-002, License Amendment Agreement between

the City of Kawartha Lakes and Bell Canada, be received;

THAT the Amendment to the License Agreement between the City of Kawartha Lakes

and Bell Canada for Bell Tower use by the Fire Department be approved; and

THAT a by-law, substantially in the form attached as Appendix 'A' to Report FIRE2014-

002, be forwarded to Council for adoption.

10.3.9 FIRE2014-003158 - 180

Pat Twohey, Deputy Chief

Fire Protection Agreements - Municipality of Trent Lakes and Township of Selwyn

C RESOLVED THAT Report FIRE2014-003, Fire Protection Agreements - Municipality

of Trent Lakes and Township of Selwyn, be received;

THAT the Fire Protection Agreement between the City of Kawartha Lakes and the

Municipality of Trent Lakes, be approved;

THAT the Fire Protection Agreement between the City of Kawartha Lakes and the

Township of Selwyn, be approved;

THAT the Mayor and Clerk be authorized to execute any documents and agreements

required by the approval of these agreements; and

THAT the by-laws, substantially in the form attached to Report FIRE2014-003, be

forwarded to Council for adoption.

10.3.10 LM2014-009181 - 186

Diane McFarlane, Land Management Co-ordinator

Acquisition of Land for Recreational Trail Purposes

11

C RESOLVED THAT Report LM2014-009, Acquisition of Land for Recreational Trail

Purposes, be received;

THAT Council approves the donation of lands legally described as Part of Park Lots U1

and D2, Registered Plan No. 8p and Part of the E1/2 of Lot 18, Concession 6,

Geographic Township of Ops, City of Kawartha Lakes, being PIN: 63238-0086 (LT) and

shown as Part 1 on the preliminary Reference Plan dated October 3, 2013 prepared by

Coe, Fisher, Cameron, Ontario Land Surveyors and attached to Report LM2014-009 as

Appendix 'A' for the purposes of a recreational trail;

THAT staff be directed to commence the process to obtain ownership of these lands at

the City's expense;

THAT all costs associated with this transaction be drawn from the City Wide Cash in

Lieu of Parkland Reserve Account # 3-2-9997-2991; and


required by the approval of this decision.

10.4 Items Extracted from Consent

10.4.1 CORP2014-004187 - 200

Jolene Ramsay, Insurance Risk Management Co-ordinator

Joint and Several Liability Reform

RESOLVED THAT Report CORP2014-004, Joint and Several Liability Reform, be

received;

THAT Council support the government's consideration and adoption of measures that

will limit the impact of joint and several liability on municipalities;

THAT Council endorses the Combined Model option as recommended by AMO and

supported by OMEX, the City's insurer; and

THAT the CAO be directed to forward a letter to the Honourable Kathleen Wynne,

Premier of Ontario, the Honourable John Gerretsen, Attorney General, and the

Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing, substantially in the

form of Attachment 2 to Report CORP2014-004, with copies to Haliburton-Kawartha

Lakes-Brock MPP Laurie Scott and AMO, indicating that the City of Kawartha Lakes

supports the adoption of the Combined Model under consideration, and strongly

encourages the government to proceed immediately with legislation designed to give

effect to this model.

12

11.0 COMMITTEE OF THE WHOLE

12.0 COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES

13.0 CORRESPONDENCE AND PETITIONS

14.0 OTHER OR NEW BUSINESS

15.0 BY-LAWS

C 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 15.1.15 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 C A by-law to amend By-law 2012-019 and Schedules 'A' and'B' to By-law 2012-019, being a by-law under the BuildingCode Act Respecting permits and related matters(Amendment No. 1)

CC2014-11.15.1.1

201 - 216

15.1.2 C A by-law to authorize the undertaking of septic rehabilitationworks on private residential property as local improvementsin the City of Kawartha Lakes

CC2014-11.15.1.2

217 - 268

15.1.3 C A by-law to authorize the execution of an agreement betweenHer Majesty the Queen in Right of Ontario, as represented bythe Minister of Rural Affairs, and the Corporation of the Cityof Kawartha Lakes for funding under the Rural EconomicDevelopment Program for the Water Research andInnovation Network (WRAIN) Project

CC2014-11.15.1.3

269 - 294

15.1.4 C A by-law to authorize the sale of municipally owned propertylegally described as Part of the South half of Lot 16,Concession 7, designated as Part 2 on Plan 57R-10110, inthe Geographic Township of Ops, City of Kawartha LakesPart of PIN: 63239-0092 (LT)

CC2014-11.15.1.4

295 - 296

13

15.1.5 C A by-law to authorize the acquisition of Part of Lot 21,Concession 1, Geographic Township of Somerville, City ofKawartha Lakes described as Part 1 on Plan 57R-10261Part of PIN 63119-0076 (LT) (Mitchell's Bridge)

CC2014-11.15.1.5

297 - 298

15.1.6 C A by-law to set tax rate reductions for prescribed subclassesin the City of Kawartha Lakes for the year 2014

CC2014-11.15.1.6

299 - 300

15.1.7 C A by-law to specify the capping and threshold parameters for2014

CC2014-11.15.1.7

301 - 303

15.1.8 C A by-law to limit tax decreases on commercial, industrial andmulti-residential properties for 2014

CC2014-11.15.1.8

304 - 305

15.1.9 C A by-law to establish 2014 Tax Ratios in the City of KawarthaLakes

CC2014-11.15.1.9

306 - 307

15.1.10 C A by-law to provide tax relief to certain City of KawarthaLakes property owners who are low income elderly persons,low income persons between the ages of 55 and 64, lowincome disabled persons or Ontario Disability SupportProgram recipients for the year 2014

CC2014-11.15.1.10

308 - 310

15.1.11 C A by-law to authorize the execution of a license confirmingand amending agreement between the City of KawarthaLakes and Bell Canada

CC2014-11.15.1.11

311 - 318

15.1.12 C A by-law to authorize the execution of an agreement betweenthe Corporation of the Municipality of Trent Lakes and theCorporation of the City of Kawartha Lakes for Fire ProtectionServices

CC2014-11.15.1.12

319 - 328

15.1.13 C A by-law to authorize the execution of an agreement betweenthe Corporation of the Township of Selwyn and theCorporation of the City of Kawartha Lakes for Fire ProtectionServices

CC2014-11.15.1.13

329 - 338

15.1.14 C A by-law to authorize the execution of an amendingagreement for Showcasing Water Innovation Grant fundingbetween her Majesty the Queen in Right of Ontario, asrepresented by the Minister of the Environment, and the Cityof Kawartha Lakes

CC2014-11.15.1.14

339 - 350

14

15.1.15 C A by-law to appoint an Inspector and Municipal LawEnforcement Officer for the City of Kawartha Lakes (N.Dawkins)

CC2014-11.15.1.15

351 - 351

15.2 By-Laws Extracted from Consent

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

CORPORATION OF THE CITY OF KAWARTHA LAKES P.O. Box 9000, Lindsay, Ontario K9V 5R8 Phone 705-324-9411

www.city.kawarthalakes.on.ca

Memo

To: Mayor McGee and Members of Council From: Donna Villemaire, Councillor Date: April 8, 2014 Subject: Impact of CASL legislation on municipal communications

BACKGROUND The Canadian Anti-Spam Legislation (CASL) was approved in November 2013 and organizations have until July 1, 2014 to ensure compliance. The law applies to all commercial electronic messages, including emails, texts, voice, sound, and instant messaging. A CEM covers any electronic message that promotes unsolicited membership invoices, events, conferences, trainings, products, services, etc. Legislation, which will impact all individuals, corporations, organizations, associations, etc., including municipalities, will be enforced by the CRTC and will be complaint-driven. Violators face fines of up to $10 million for organizations and up to $1 million for individuals. RECOMMENDATION TO COUNCIL: RESOLVED THAT the memorandum from Councillor Villemaire regarding Canadian Anti-Spam Legislation (CASL) and its potential for impact on municipal communications, be received; THAT the CAO undertake a review of the legislation to identify relevant impact(s) and action(s) necessary to be undertaken by the municipality prior to the July 1, 2014 deadline; THAT the CAO prepare a municipal policy on the implementation of CASL; THAT the CAO develop an appropriate training program for all municipal staff; and THAT the CAO report be presented to Council at the May 13th Council meeting.

15

M¡nìstry of the Environment Ministère de l'Env¡ronnement

Office of the Minister Bureau du ministre

77 Wellesley St'eet Wesr 77 rue Weliesley Ouestllth Floo¡. Ferguson Btock 1 1e étage, edifrce FergusonToronto ON N/ì74 2T5 Toronto ON lvlTA 2T5Tel.r 416-314-6790 Té1.: 416-314-6790Fax: 416-314-6748 Téléci 416-314"6748

ilAR 2 4 2011

ENV1283MC-2014-528His Worship Ric McGeeMayorCity of Kawartha LakesPO Box 900026 Francis StreetLindsay ON KgV 5RB

Dear Mayor McGee:

Thank you for your correspondence to me and Premier Wynne regarding the LakeviewWater Cooperative, and your request to meet with me to discuss this matter,

I have looked into your concerns and I am aware that my ministry has been workingwith both the City of Kawartha Lakes and the owners of the Lakeview WaterCooperative for numerous years to resolve the safe drinking water issues that exist withthat drinking water system.

I appreciate the efforts of City staff to work closely with the minisiry and the owners ofihe Lakeview Water Cooperative to find a cost-effective solut¡on to provide safe drinkingwater to its residents. However, since voluntary efforts have been unsuccessful, myministry recently issued the Section 114 Notice to the municìpality.

I have asked Ms. Sue Lo, Chief Drinking Water lnspector, and Mr. Paul Nieweglowski,Deputy Chief Drinking Water lnspector, io arrange a meeting with you to further discussthis matter. They will brief me on the outcome of the meeting.

Again, thank you for bringing your concerns to the attention of our government.

Yours sincerely,

\+ .l rrr'\^-'lr\\ ...----\

Jim BradleyM in ister

c: The Honourable Kathleen Wynne, Premier (WSU 2044742-MR)The Honourable Bob Chiarelli, Minister of EnergyMs. Sue Lo, Chief Drinking Water lnspector, MOEMr. Paul NieweglowSki, Deputy Chief Drinking Water lnspector, MOE

ffiOntario

16


MINUTES ______________________________________________________________________


DATE: TUESDAY, MARCH 25, 2014

CLOSED SESSION COMMENCING AT 1:30 P.M. - COUNCIL CHAMBERS


COUNCIL CHAMBERS

CITY HALL


MEMBERS

Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

R. McGee

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

P. Warren

E. Yeo

MEETING # CC2014-08

17

CC2014-08


TUESDAY, MARCH 25, 2014

Page 2 of 20

1. CALL TO ORDER

Mayor McGee called the Meeting to order at 1:30 p.m. Councillors R. Ashmore, G. Campbell, P. Dunn, D. Hodgson, G. James, B. Junkin, A. Luff, J. Macklem, G. McGregor, P. O’Reilly, H. Stauble, D. Villemaire, P. Warren and E. Yeo were in attendance. CAO M. Fisher, City Clerk J. Currins and various other staff members were also in attendance.

2. ADOPTION OF CLOSED SESSION AGENDA

Moved by Councillor Luff, seconded by Councillor O'Reilly,

RESOLVED THAT the Closed Session agenda be adopted as circulated. CARRIED CR2014-258

3. DISCLOSURE OF PECUNIARY INTEREST IN CLOSED SESSION ITEMS

There were no declarations of pecuniary interest noted.

4. CLOSED SESSION

Moved by Councillor Warren, seconded by Councillor Dunn,

RESOLVED THAT Council convene into closed session at 1:31 p.m. in order to consider matters on the March 25, 2014 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 CR2014-259

5. 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. Hodgson, G. James, B. Junkin, A. Luff, J. Macklem, G. McGregor, P. O’Reilly, H. Stauble, D. Villemaire,

18

CC2014-08



Page 3 of 20

P. Warren and E. Yeo were in attendance. Acting CAO R. Taylor, City Clerk J. Currins, Deputy Clerk A. Rooth and various other staff members were also in attendance. Early departures: Councillor Macklem 3:33 p.m. Councillor McGregor 4:00 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

Moved by Councillor Villemaire, seconded by Councillor McGregor,

RESOLVED THAT the Open Session agenda be adopted as circulated and with the following amendments:

Amendment – Consent Reports

Item 10.3.7 Let the consent resolution read:

RESOLVED THAT Report PUR2014-018, “Tender 2014-14-CT Supply and

Application of Hot Mix Asphalt”, be received;

THAT Royel Paving Limited of Lindsay, be selected for the award of Tender

2014-14-CT for the Supply and Application of Hot Mix Asphalt for the tender price

as follows:

Part A - $2,666,385.88 plus $346,630.16 HST for the total tendered amount of

$3,013,016.04;

Part B - $997,705.10 plus $129,701.66 HST for the total tendered amount of

$1,127,406.76; and

Part C - $336,473.60 plus $43,741.57 HST for the total tendered amount of

$380,215.17 (not including Provisional Item);

19

CC2014-08



Page 4 of 20

THAT staff be authorized to utilize the remaining balance in Capital Project

RD1409 by adding the highest priority road section, not originally included in this

tender, to Royel Paving Inc.;

THAT subject to receipt of the required documents, the Mayor and Clerk be

authorized to execute the contract to award this tender; and


Deletion – Consent By-laws

Item 15.1.7

A by-law to amend the Township of Fenelon By-law No. 12-95 to rezone land

within the City of Kawartha Lakes (Sedore)

Agenda Order – Items Extracted from Consent

That Item 10.4.1 be moved forward on the Agenda to be dealt with prior to Item

10.0.

CARRIED CR2014-264

6. DISCLOSURE OF PECUNIARY INTEREST

There were no declarations of pecuniary interest noted.

7. MATTERS FROM CLOSED SESSION

Item 4.2

Moved by Councillor Luff, seconded by Councillor Villemaire,

RESOLVED THAT Rebecca Parker be re-appointed and Paul Brown, Andrew MacDougall and Tim Webster be appointed to the City of Kawartha Lakes Agricultural Development Advisory Board, each for a three year term ending December 31, 2016.

CARRIED CR2014-265

8. PUBLIC INFORMATION

20

CC2014-08



Page 5 of 20

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 O'Reilly made the following announcements:

April is Daffodil month in support of the Canadian Cancer Society.

Police officers from the Peterborough-Lakefield Police Service, the Ontario Provincial Police and the Royal Canadian Mounted Police have joined the Canadian Cancer Society in the Pedal for Hope campaign to raise funds for pediatric cancer research. The tour commences April 18th and runs concurrently with Cops for Cancer.

Qualifiers for the Special Olympics were held at the Lindsay Curling Club on March 23rd.

The Kawartha Lakes This Week Spring 2014 Home and Outdoor Show is being held March 28th to 30th at the Lindsay Fairgrounds.

The Amnesty International 26th Annual Freedom Dinner is on April 26th at the Ops Community Centre

The Kinsmen Club of Lindsay is hosting their Zone Spring Conference at the Moose Lodge on Saturday, March 29th at 9:00 a.m.

The Lindsay Chamber of Commerce Evening of Excellence takes place on April 11, 2014 at the Victoria Park Armoury.

Lindsay Collegiate and Vocational Institute is celebrating its 125th anniversary on May 17th.

Residents of Matchett and Gee Crescents, who have been affected by water in their basements, are in attendance today. They have only recently received a copy of the Tatham and Associates Report and are seeking a status update and timelines for remediation.

8.3.2 Staff

21

CC2014-08



Page 6 of 20

8.4 Notice of Motion

9. DEPUTATIONS

10.4.1 PLAN2014-003

Director Taylor introduced the Integrated Community Sustainability Plan stating that it will be a guiding document for the social and economic growth and development of the City. He noted that the Plan is the result of the cumulative efforts of the Steering Committee, over seventy community partners and numerous focus groups and that its development involved extensive public consultation. Director Taylor commended volunteers for their dedication to the project. Manager of Policy Planning M. Benner, recognized key participants. He noted that the Plan is divided into nine (9) focus areas; accessibility, active communities, agriculture, heritage, innovation, health education and social well being, natural systems, resource consumption and water. Its composition is two-fold, including both the foundational document and an Action Plan. The Plan will be a fluid document, changing over time to meet the City's needs and Manager Benner identified next steps in moving the project forward. Mayor McGee requested that those persons involved in the project, and present at today's meeting, stand and be recognized.

Moved by Councillor Warren, seconded by Councillor Villemaire,

RESOLVED THAT Report PLAN2014-003, Integrated Community Sustainability Plan - Final Report, be received; and THAT the Integrated Community Sustainability Plan and associated Local Action Plan as outlined in Appendix A to Report PLAN2014-003 be endorsed as the basis for sustainable growth and development objectives for the City of Kawartha Lakes.

CARRIED CR2014-266

Recorded Vote requested by Councillor Junkin.

Voting Member

22

CC2014-08



Page 7 of 20

Councillor Ashmore Yes

Councillor Campbell Yes

Councillor Dunn Yes

Councillor Elmslie Absent

Councillor Hodgson Yes

Councillor James Yes

Councillor Junkin No

Councillor Luff Yes

Councillor Macklem No

Councillor McGregor Yes

Councillor O'Reilly Yes

Councillor Stauble Yes

Councillor Strangway Absent

Councillor Villemaire Yes

Councillor Warren Yes

Councillor Yeo Yes

Mayor McGee Yes

Total Favoured: 13

Against: 2

10. CONSENT MATTERS

The following Items were requested to be extracted from the Consent Agenda:

Councillor Warren Items 10.3.2 and 10.3.13

Councillor Yeo Item 10.3.7

Councillor Ashmore Item 10.3.1

Councillor Hodgson Items 10.2.2.1 and 10.3.6

Moved by Councillor Stauble, seconded by Councillor Villemaire,

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 10.2.2.1, 10.3.1, 10.3.2, 10.3.6, 10.3.7 and 10.3.13, namely:

23

CC2014-08



Page 8 of 20

10.1.1 RESOLVED THAT correspondence from Mary MacLaren requesting an exemption from the Noise By-law, be received; and THAT an event located at 40 Melbourne Street East, Lindsay, be exempt from the City's Noise By-law 2005-025, as amended, from 11:00 p.m. on July 5, 2014 to 1:00 a.m. on July 6, 2014.

CR2014-267

10.1.2 RESOLVED THAT the February 27, 2014 correspondence from Minister of Transportation, Glen Murray, regarding winter maintenance of Provincial Highways 7 and 35, be received.

CR2014-268

10.1.3 RESOLVED THAT the February 28, 2014 correspondence received from Minister of Energy, Bob Chiarelli, regarding the Ontario Good Roads Association and Rural Ontario Municipal Association Conference, be received, and referred to staff for any follow-up required.

CR2014-269

10.1.4 RESOLVED THAT the memorandum from Michelle Hendry, Director of Public Works, regarding the Kinmount Parking Lot Lease Proposal, be received.

CR2014-270

10.1.5 RESOLVED THAT the February 18, 2014 correspondence received from Tadeusz Wieclawek, Fire Marshal of Ontario and Chief of Emergency Management, regarding the annual review of emergency management programs, be received.

CR2014-271

10.1.6 RESOLVED THAT the March 12, 2014 correspondence from Kathleen Wynne, Premier, regarding the Lakeview Water Cooperative, be received.

CR2014-272

10.2.1.1 RESOLVED THAT the Minutes of the March 4, 2014 Regular Council Meeting, be received and adopted.

24

CC2014-08



Page 9 of 20

CR2014-273

10.3.3 RESOLVED THAT Report LIC2014-001, Increase to Bingo Events Per Organization at the Lindsay Bingo Hall, be received; THAT the number of bingo events an organization can hold per year at the Lindsay Bingo Hall be increased to 104; and THAT Council approve the policy attached as Appendix A, to limit the annual number of events an organization can hold at the bingo hall.

CR2014-274

10.3.4 RESOLVED THAT Report CORP2014-003, Cross Border Billing for Ambulance Services, be received; THAT the Cross Border Billing Agreement with the County of Haliburton for ambulance billing, be approved as attached to Report CORP2014-003; THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this agreement; and THAT the necessary By-law be forwarded to Council for adoption.

CR2014-275

10.3.5 RESOLVED THAT Report PUR2014-016, Adelaide Street South Reconstruction, Tender 2014-07-CT, be received; THAT Four Brothers Construction Corporation of Woodville, be selected for the award of Tender 2014-07-CT Adelaide Street South Reconstruction for the corrected tender price of $666,956.75 plus $86,704.38 HST for a total tendered price of $753,661.13; THAT staff be authorized early start approval for the expenditure of funds required from Water Wastewater 2014 Capital Project, number to be assigned, for the water and wastewater component required for this project with a budget of $123,000.00; THAT subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the contract to award this tender; and THAT the Purchasing Division be authorized to issue a Purchase Order.

CR2014-276

10.3.8 RESOLVED THAT Report RT2014-002, Service Fees for Payment Card Transactions, be received; THAT By-law 2003-046, A By-law to Prescribe a Tariff of Fees for Certain

25

CC2014-08



Page 10 of 20

Services, be amended to include section 2.20 as stated below: 2.20 Credit Card Service Fees: Where the City has entered into an Agreement with a third party service provider to accept credit card payments for property taxes and water and sewer invoices on the City's behalf, the fees associated with the transactions and charged in addition to the original invoice by the third party service provider, are authorized under this By-law; and THAT a By-law, substantially in the form attached as Appendix A to Report RT2014-002 be forwarded to Council for adoption.

CR2014-277

10.3.9 RESOLVED THAT Report TREAS2014-003, 2013 Annual Report on Council Remuneration and Expenses, be received for information purposes.

CR2014-278

10.3.10 RESOLVED THAT Report ENG2014-004, Sumac Ridge Wind Turbine Project Impact on Infrastructure (Wild Turkey Road), be received; THAT any request by wpd Canada and/or future successors for use of the unopened portion of Wild Turkey Road for property access and/or other vehicular traffic to support proposed wind turbine development be refused; and THAT Report ENG2014-004 and a copy of Council's decision be forwarded to wpd Canada, the Premier, the Minister of Environment, the Minister of Energy, the Environmental Review Tribunal, and the Ministry of Transportation, Regional Office.

CR2014-279

10.3.11 RESOLVED THAT Report LM2014-007, Request to Remove Restrictive Covenants Registered on Title to 94-96 Mary Street West, Lindsay legally described as Part Park Lot E1 Plan 8P being Part 42 on Plan 57R2331, Town of Lindsay, City of Kawartha Lakes, be received; THAT Council approve the removal of the Restrictive Covenants contained in the Agreement registered at the Land Registry Office on the 6th day of October, 1978 as instrument number 130778 from 94-96 Mary Street West, Lindsay; and THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision.

CR2014-280

10.3.12 RESOLVED THAT Report PLAN2014-017, Revised Aggregate Secondary Plan Steering Committee Terms of Reference, be received; and THAT the Amended Terms of Reference for the Aggregate Secondary Plan

26

CC2014-08



Page 11 of 20

Steering Committee in the form attached as Appendix A to Report PLAN2014-017 be approved.

CR2014-281

10.3.14 RESOLVED THAT Report ENV2014-003, Environmental Youth Award, be received; THAT Council establishes an Environmental Youth Award, commencing in 2014; and THAT the Environmental Youth Award be presented annually by Council to a resident of the City of Kawartha Lakes, on recommendation from the Environment Advisory Committee.

CR2014-282

10.3.15 RESOLVED THAT Report PW2014-005, Public Works Staff Resources, be received; and THAT Council approve additional staff support for the Public Works Department as follows: 1. Engineering Technician - Environmental Services, Water and Wastewater Division (Capital Projects) 2. Engineering Technician - Roads Operations and Capital Projects 3. Asset Management Coordinator (Environmental Services)

CR2014-283

10.3.16 RESOLVED THAT Report PW2014-007, Bridge Maintenance Program, be received; and THAT funds totalling $100,000.00, currently held in abeyance, be approved for the maintenance of bridges within the City of Kawartha Lakes as described in Report PW2014-007.

CR2014-284

10.3.17 RESOLVED THAT Report WWW2014-002, 2013 Annual Waterworks Compliance Report, be received in accordance with the reporting requirements of Ontario Regulation 170/03 Schedule 22 and Section 11 under the Safe Drinking Water Act, for the following Drinking Water Systems (DWS) owned by the City of Kawartha Lakes:

Birchpoint Estates DWS - Ennismore Bobcaygeon DWS

Canadiana Shores DWS - Mariposa Fenelon Falls DWS

27

CC2014-08



Page 12 of 20

Janetville DWS - Manvers King's Bay DWS - Mariposa

Kinmount DWS Lindsay DWS

Manilla DWS - Mariposa Manorview DWS - Manvers

Mariposa Estates DWS - Mariposa Norland DWS

Omemee DWS Pinewood DWS - Manvers

Woodville DWS Pleasant Point DWS - Mariposa

Southview Estates DWS Woodfield DWS - Manvers

Victoria Place DWS - Bobcaygeon Western Trent/Palmina DWS - Eldon

Sonya Village Subdivision DWS - Mariposa

CR2014-285

CARRIED

10.4 Items Extracted from Consent

10.2.2.1 CC2014-08.10.2.2.1

Moved by Councillor Hodgson, seconded by Councillor Macklem,

RESOLVED THAT the Minutes of the February 6, 2014 Heritage Victoria meeting, be received.

CARRIED CR2014-286

10.3.1 CLK2014-004

Moved by Councillor Ashmore, seconded by Councillor Yeo,

RESOLVED THAT Report CLK2014-004, Proposed Question on the 2014 Municipal Election Ballot, be received.

CARRIED CR2014-287

Moved by Councillor Luff, seconded by Councillor O'Reilly,

RESOLVED THAT the proposed questions be placed on the October 27, 2014 municipal election ballot for the City of Kawartha Lakes after the necessary process has been completed: Are you in favour of reducing the number of Councillors? Yes No Are you in favour of having Councillors elected at large? Yes No

28

CC2014-08



Page 13 of 20

THAT the by-law to place a question on the ballot during the 2014 Municipal Election as attached to Report CLK2014-004 as Appendix B be referred to a public meeting to be held early April, 2014 in accordance with Section 8.1 (3) of the Municipal Elections Act, 1996, as amended; and THAT the City Clerk provide at least 10 days' notice to residents of the City of Kawartha Lakes and to the Ministry of Municipal Affairs and Housing advising of the City's intention to pass a by-law to place two (2) questions on the ballot and the date and time of the public meeting to consider same.

MOTION FAILED

Recorded Vote requested by Councillor Stauble.

Voting Member

Councillor Ashmore No

Councillor Campbell No

Councillor Dunn No


Councillor Hodgson No



Councillor Luff Yes


Councillor McGregor No


Councillor Stauble No


Councillor Villemaire No

Councillor Warren No

Councillor Yeo No

Mayor McGee No

Total Favoured: 3

Against: 12

Moved by Councillor Villemaire, seconded by Councillor James,

RESOLVED THAT the proposed question be placed on the October 27, 2014 municipal election ballot for the City of Kawartha Lakes after the necessary process has been completed: Are you in favour of reducing the number of Councillors? Yes No

29

CC2014-08



Page 14 of 20

THAT the by-law to place a question on the ballot during the 2014 Municipal Election as attached to Report CLK2014-004 as Appendix B be referred to a public meeting to be held early April, 2014 in accordance with Section 8.1 (3) of the Municipal Elections Act, 1996, as amended; and THAT the City Clerk provide at least 10 days' notice to residents of the City of Kawartha Lakes and to the Ministry of Municipal Affairs and Housing advising of the City's intention to pass a by-law to place a question on the ballot and the date and time of the public meeting to consider same.

MOTION FAILED

Recorded Vote requested by Councillor Macklem.

Voting Member

Councillor Ashmore No

Councillor Campbell No

Councillor Dunn Yes


Councillor Hodgson No



Councillor Luff Yes


Councillor McGregor No


Councillor Stauble No


Councillor Villemaire No

Councillor Warren Yes

Councillor Yeo No

Mayor McGee No

Total Favoured: 5

Against: 10

The meeting recessed at 3:33 p.m. and reconvened at 3:45 p.m.

10.3.2 CS2014-003

30

CC2014-08



Page 15 of 20

Moved by Councillor Warren, seconded by Councillor Junkin,

RESOLVED THAT Report CS2014-003, Bobcaygeon Legacy C.H.E.S.T. Fund Grant Committee - Recommendation from November 11, 2013 Meeting, be received; and THAT the application date for Bobcaygeon Legacy C.H.E.S.T. Fund grant applications be changed to the last Friday in October.

CARRIED CR2014-288

10.3.6 PUR2014-017

Moved by Councillor Hodgson, seconded by Councillor Yeo,

RESOLVED THAT Report PUR2014-017, Gravel Resurfacing for Municipal Roads, Tender 2014-24-CT, be received; THAT Robert E. Young Construction, of Peterborough, be recommended for the award of Tender 2014-24-CT in the amount of $933,287.23, including HST; THAT the list of provisional roads contained in Tender 2014-24-CT consisting of Mustang Drive, Beach Road, Distillery Street, and Ballyduff Road be added to the tender award for the additional tender price of $81,600.35, including HST, for a total tender award of $1,014,887.58, including HST; THAT up to $90,000.00 be transferred from the capital reserve fund to the 2014 gravel resurfacing project (PW1401) capital budget to finance the incremental cost of the provisional items; and THAT subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the contract to award this tender.

CARRIED CR2014-289

10.3.7 PUR2014-018

Moved by Councillor Yeo, seconded by Councillor O'Reilly,

RESOLVED THAT Report PUR2014-018, Hot Mix Asphalt, Tender 2014-14-CT, be received; THAT Royel Paving Limited of Lindsay, be selected for the award of Tender 2014-14-CT for the Supply and Application of Hot Mix Asphalt for the tender price as follows: Parts A, B and C (not including provisional item) for the total tendered amount of $4,117,090.98 plus HST of $535,221.82 for the total tendered amount of $4,652,312.80, leaving a project balance of $93,576.20; THAT staff be authorized to utilize the remaining balance in Capital Projects

31

CC2014-08



Page 16 of 20

RD1409, RD1410 and PW1409 by adding the highest priority road section, not originally included in this tender, to Royel Paving Inc.; THAT subject to receipt of the required documents, the Mayor and Clerk be authorized to execute the contract to award this tender; and THAT the Purchasing Division be authorized to issue a Purchase Order.

CARRIED CR2014-290

10.3.13 ED2014-004

Moved by Councillor Warren, seconded by Councillor Stauble,

RESOLVED THAT Report ED2014-004, Kawartha Lakes Branding Strategy - Updated Logo, be received; THAT City Council dissolve the tagline Catch the Kawartha spirit that was approved in Council Report ED2001-06; THAT City Council approve the updated logo for Kawartha Lakes; and THAT staff be directed to proceed with implementing the updated logo for Kawartha Lakes in all new print and online materials and within all IT systems.

CARRIED CR2014-291

11. COMMITTEE OF THE WHOLE

12. COMMITTEE OF THE WHOLE AND PLANNING COMMITTEE MINUTES

12.1 CC2014-08.12.1

Moved by Councillor O'Reilly, seconded by Councillor Warren,

RESOLVED THAT the Minutes of the March 5, 2014 Planning Committee Meeting, be received and the recommendations adopted.

CARRIED CR2014-292

13. CORRESPONDENCE AND PETITIONS

32

CC2014-08



Page 17 of 20

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 James, seconded by Councillor Campbell,

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 15.1.11 be read a first, second and third time, passed, numbered, signed and the corporate seal attached, save and except Item 15.1.7 namely:

15.1.1 A by-law to repeal By-law 2006-119 being a by-law to appoint a weed inspector

for the City of Kawartha Lakes

CR2014-293

15.1.2 A by-law to appoint an administrator for the City of Kawartha Lakes Home for

the Aged - Victoria Manor

CR2014-294

15.1.3 A by-law to repeal By-law 2013-257 being a by-law to appoint an acting

administrator for the City of Kawartha Lakes Home for the Aged - Victoria

Manor

CR2014-295

15.1.4 A by-law to amend By-law 2014-060 being a by-law to authorize the submission

of an application to the Ontario Infrastructure and Lands Corporation (OILC) for

financing certain ongoing capital works of the Corporation of the City of

Kawartha Lakes; to authorize temporary borrowing from OILC to meet

expenditures in connection with such works; and to authorize long term

borrowing for such works through the issue of debentures to OILC

CR2014-296

33

CC2014-08



Page 18 of 20

15.1.5 A by-law to deem part of a plan of subdivision, previously registered for

lands within Kawartha Lakes, NOT to be a registered plan of subdivision in

accordance with the Planning Act PIN # 63169-0352 (LT) (Storry)

CR2014-297

15.1.6 A by-law to repeal By-law 2014-055, being a by-law to deem part of a plan of

subdivision, previously registered for lands within Kawartha Lakes, NOT to be a

registered plan of subdivision in accordance with the Planning Act PIN#63159-

0352 (LT) (Storry)

CR2014-298

15.1.8 A by-law to amend the City of Kawartha Lakes Official Plan respecting land


CR2014-299

15.1.9 A by-law to amend By-law 2003-046, being a by-law to prescribe fees for

certain services in the City of Kawartha Lakes

CR2014-300

15.1.10 A by-law to authorize the execution of an agreement with the Corporation of

the County of Haliburton for the payment of land ambulance cross border calls

CR2014-301

15.1.11 A by-law to repeal By-law Number 2009-089 being a by-law to authorize the

execution of an agreement with the Corporation of the County of Haliburton for

the payment of land ambulance cross border calls

CR2014-302

CARRIED

15.2 By-Laws Extracted from Consent

15.1.7 A by-law to amend the Township of Fenelon By-law No. 12-95 to rezone land


34

CC2014-08



Page 19 of 20

Note to Minutes: Item 15.1.7 was deleted with the adoption of the Agenda.

16. CLOSED SESSION (IF NOT COMPLETED PRIOR TO OPEN SESSION)


18. CONFIRMING BY-LAW

Moved by Councillor Campbell, seconded by Councillor O'Reilly,

RESOLVED THAT a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, March 25, 2014 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

CARRIED CR2014-303

19. ADJOURNMENT

Moved by Councillor Yeo, seconded by Councillor Villemaire,

RESOLVED THAT the Council Meeting adjourn at 4:20 p.m. CARRIED CR2014-304

Read and adopted this 8th day of April 2014.

_________________________ _________________________

Ric McGee, Mayor Judy Currins, City Clerk

35

CC2014-08



Page 20 of 20

Recommendations Made at the March 5, 2014 Planning Committee Meeting:

PC2014-007

Moved by Councillor Dunn, seconded by Councillor Macklem,

RECOMMEND THAT Report PLAN2014-014, VicDom Sand and Gravel - D06-02-009,

be received;

THAT the proposed rezoning application, D06-02-009, submitted by MHBC Planning,

Urban Design and Landscape Architecture on behalf of VicDom Sand and Gravel

(Ontario) Ltd. be referred back to staff for further review and processing; and

THAT all interested parties be notified of Council's decision.

PC2014-008

Moved by Mayor McGee, seconded by Councillor Warren,

RESOLVED THAT the deputation by James R. Webster regarding Black Bear Estates

Subdivision 16T0750148 Lots - Lots 20 to 21, Concession One, former Township of

Somerville, be received;

THAT the matter be referred to Director Taylor for review and Report back to Planning

Committee; and

THAT Director Taylor review the development of Kagawong Road, leading to the

Elysian Fields subdivision and Mr. Webster be asked to contribute to the development

of this road as well.

PC2014-009

Moved by Councillor Dunn, seconded by Councillor Macklem,

RECOMMEND THAT Report PLAN2014-015, "William and Effie Sedore - D01-016-

187 and D06-29-077", be received;

THAT a By-law to implement Official Plan Amendment application D01-16-187,

substantially in the form attached as Appendix "D" to Report PLAN2014-015, be

approved and adopted as amended, by Council;

THAT Zoning By-law Amendment application D06-29-077, substantially in the form

attached as Appendix "E" to Report PLAN2014-015, be approved and adopted as

amended, by Council; and


required by the approval of this application.

36


MINUTES ______________________________________________________________________

SPECIAL COUNCIL MEETING

DATE: THURSDAY, MARCH 27, 2014


COUNCIL CHAMBERS

CITY HALL


MEMBERS

Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

R. McGee

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

P. Warren

E. Yeo

MEETING # CC2014-09

37

CC2014-09


THURSDAY, MARCH 27, 2014

Page 2 of 9

1. CALL TO ORDER

Mayor McGee called the meeting to order at 1:00 p.m. Councillors R. Ashmore, P. Dunn, G. James, B. Junkin, A. Luff, J. Macklem, G. McGregor, P. O'Reilly, D. Villemaire, P. Warren and E. Yeo were in attendance. CAO M. Fisher, City Clerk J. Currins and various other staff members were also in attendance. Early Departures: Councillor Macklem 3:30 p.m. Councillor James 3:43 p.m.

2. ADOPTION OF AGENDA

Moved by Councillor Villemaire, seconded by Councillor Ashmore,

RESOLVED THAT the agenda be adopted as circulated. CARRIED CR2014-305

3. DISCLOSURE OF PECUNIARY INTEREST

Councillor Junkin declared a pecuniary interest in item 4.1.2 as Mr. Taylor is a close relative of his. Councillor McGregor declared a pecuniary interest in item 4.1.3 as his wife is a member of The Lindsay Gallery. Councillor Luff declared a pecuniary interest in item 4.1.3 as his wife is a member of The Lindsay Gallery. Subsequent: Councillor Villemaire declared a pecuniary interest in item 4.1.4 as she is a member of the United Way Board.

4. PUBLIC INFORMATION

4.1 Presentations

38

CC2014-09



Page 3 of 9

4.1.1 CC2014-09.4.1.1

Public Meeting

Building By-law and Related Fees

Mayor McGee opened the public meeting required under the Building Code Act to be held prior to Council making a decision on adopting a By-law to amend By-law 2012-019. He asked the City Clerk if there had been any written correspondence received to be read into the public record. The City Clerk confirmed that there had been no written correspondence received. The Mayor asked the Chief Building Official to advise on the manner of giving notice and the purpose of the proposed By-law. Ms. Susanne Murchison, Chief Building Official, advised Council of the method of giving notice for this By-law amendment and outlined that the purpose of the by-law was to include Part 8 Septic Tank Permit and Inspection fees, correct typographical errors and to amend other administrative fees. She answered questions put forth by members of Council. The Mayor asked the assembly three times if there was anyone present who wished to address Council on this by-law. There was no one present. The Mayor concluded the public meeting called under the Building Code Act relating to the Building By-law and Related Fees amendment.

Councillor Junkin left the Council Chambers at 1:07 p.m. due to his previously declared pecuniary interest.

4.1.2 CC2014-09.4.1.2

Wayne Taylor

Request to Council for an Entrance

Mr. Wayne Taylor was present to discuss the memorandum from Director Hendry which was received at the last regular Council meeting dealing with an entrance to his property. He outlined history relating to an entranceway and requested that an entranceway be reinstated. He answered questions put forth by Members of Council.

39

CC2014-09



Page 4 of 9

Moved by Councillor Villemaire, seconded by Councillor O'Reilly,

RESOLVED THAT the deputation by Mr. Wayne Taylor requesting an Entrance to his property be reinstated, be received.

CARRIED CR2014-306

Councillor Junkin returned to the Council Chambers at 1:16 p.m.

Councillors Luff and McGregor left the Council Chambers at 1:16 p.m. due to

their previously declared pecuniary interest.

4.1.3 CC2014-09.4.1.3

Susan Taylor, President

Lisa Woodhouse

The Lindsay Gallery Request for Emergency Operating Funds

Susan Taylor and Lisa Woodhouse from The Lindsay Gallery were present to

request operating funding from the City of Kawartha Lakes for the operation of

The Lindsay Gallery. They answered questions put forth by members of

Council.

Moved by Councillor O'Reilly, seconded by Councillor Warren,

RESOLVED THAT the presentation by Ms. Susan Taylor and Ms. Lisa Woodhouse from The Lindsay Gallery requesting operating funds, be received.

CARRIED CR2014-307

Councillors Luff and McGregor returned to the Council Chambers at 1:40 p.m.

4.1.4 CC2014.09.4.1.4

Rebecca Riley

Aaron Young

Request for Funding for Lindsay Ribfest Event

Ms. Rebecca Riley and Mr. Aaron Young were present to provide Council with information relating to the Lindsay Ribfest Event and request additional funding

40

CC2014-09



Page 5 of 9

from the municipality for the event. During the presentation and questions, it was noted that funding was received from the United Way by this organization. Councillor Villemaire declared a pecuniary interest and vacated the Council Chambers as she sits on the Board for the United Way. Background material was presented and the presenters answered questions put forth by members of Council.

Moved by Councillor O'Reilly, seconded by Councillor James,

RESOLVED THAT the deputation by Rebecca Riley and Aaron Young requesting additional funding for the Lindsay Ribfest Event, be received.

CARRIED CR2014-308

Councillor Villemaire returned to the Council Chambers at 1:57 p.m.

4.1.5 CC2014-09.4.1.5

Mike Perry, Executive Director

City of Kawartha Lakes Family Health Team on behalf of the Poverty Reduction

Strategy Steering Committee

Poverty Reduction Strategy - Transportation Action Plan

Mike Perry was present to update Council on the Poverty Reduction Strategy

and the Transportation Action Plan for the City of Kawartha Lakes and County of

Haliburton. He outlined many aspects of the Plan, including the consultation

process, how the results tie into the City's official plan policies and the 13

recommendations that will form part of the final report to Council on this

issue. He answered questions put forth by members of Council. A copy of the

presentation is available in the Clerk's Office.

Moved by Councillor Warren, seconded by Councillor James,

RESOLVED THAT the presentation by Mike Perry regarding the Poverty Reduction Strategy - Transportation Action Plan, be received.

CARRIED CR2014-309

Council recessed at 2:16 p.m. and reconvened at 2:27 p.m.

41

CC2014-09



Page 6 of 9

4.1.6 CC2014-09.4.1.6

Rob Messervey, CAO, Kawartha Conservation

Doug Erlandson, Chair, Community Advisory Panel for Lake Planning

Sturgeon Lake Management Plan - Draft Plan and Recommended Strategic

Actions

Rob Messervey, CAO, Kawartha Conservation and Doug Erlandson, Chair,

Community Advisory Panel for Lake Planning - Sturgeon Lake Management

Plan provided Council with a presentation of the Sturgeon Lake Management

Plan. The details of the presentation outlined why a plan was needed, what will

the plan do, the plan objectives, how the plan was developed, what were the

results and what strategies and action plans evolved. Both presenters answered

questions put forth by members of Council. A copy of the presentation is

available in the Clerk's Office.

Moved by Councillor Dunn, seconded by Councillor Luff,

RESOLVED THAT the presentation from Rob Messervey and Doug Erlandson regarding the Sturgeon Lake Management Plan - Draft Plan and Recommended Strategic Actions, be received.

CARRIED CR2014-310

4.1.7 CC2014-09.4.1.7

Peter Waring, Manager of Planning and Regulations, Kawartha Conservation

Christie Peacock, Watershed Engineer, Ganaraska Conservation Authority

Ops Drain #1/Jennings Creek Floodplain Mapping Project - Findings,

Implications and Approval Process

Peter Waring and Christie Peacock from Kawartha Conservation and Ganaraska

Conservation Authority, respectively, provided Council with the Ops #1

Drain/Jennings Creek Floodplain Mapping Study results. They provided Council

with background information, the reason for floodplain mapping studies, the

status of the Ops #1 Drain/Jennings Creek Study and the comparison of

planning recommendations from the Greck Report and those of the

Conservation Authority. They answered questions put forth by members of

Council. A copy of the presentation is available in the Clerk's Office.

42

CC2014-09



Page 7 of 9

Moved by Councillor Warren, seconded by Councillor Dunn,

RESOLVED THAT the presentation by Peter Waring and Christie Peacock regarding the Ops Drain #1/Jennings Creek Floodplain Mapping Project - Findings, Implications and Approval Process, be received.

CARRIED CR2014-311

5. REPORTS

Extractions were requested by:

Councillor Ashmore Item 5.5

Councillor Junkin Items 5.3, 5.6, 5.7

Councillor Warren Item 5.8

Moved by Councillor Villemaire, seconded by Councillor Junkin,

RESOLVED THAT all the proposed resolutions in Section 5.0 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 5.3, 5.5, 5.6, 5.7 and 5.8, namely:

RESOLVED THAT Report BLDG2014-002, Amendments to Building By-law 2012-019 – Public Meeting, be received.

CR2014-312

RESOLVED THAT Report CAO2014-001, Q4 2013 CAO Department Activity Report, be received.

CR2014-313

RESOLVED THAT Report CS2014-004, Community Services Q4 2013 Activity Report, be received.

CR2014-314

RESOLVED THAT Report HSS2014-001, Health and Social Services Q4 2013 Activity Report, be received.

CR2014-315

RESOLVED THAT Report PW2014-006, Public Works Q4 2013 Activity Report, be received.

CR2014-316

43

CC2014-09



Page 8 of 9

CARRIED

Moved by Councillor Junkin, seconded by Councillor McGregor,

RESOLVED THAT Report CORP2014-007, Corporate Services 2013 Q4 Activity Report, be received.

CARRIED CR2014-317

Moved by Councillor Ashmore, seconded by Councillor McGregor,

RESOLVED THAT Report DEV2014-001, Development Services Department 2013 Q4 Activity Report

CARRIED CR2014-318

Moved by Councillor Junkin, seconded by Councillor Yeo,

RESOLVED THAT Report ED2014-003, Economic Development 2013 Q4 Activity Report, be received.

CARRIED CR2014-319

Moved by Councillor Junkin, seconded by Councillor O'Reilly,

RESOLVED THAT Report EMS2014-002, Paramedic Service Q4 2013 Activity Report, be received.

CARRIED CR2014-320

Moved by Councillor Warren, seconded by Councillor Ashmore,

RESOLVED THAT Report FIRE2014-001, Fire Department Q4 2013 Activity Report, be received.

CARRIED CR2014-321

6. CLOSED SESSION


8. CONFIRMING BY-LAW

Moved by Councillor Yeo, seconded by Councillor Junkin,

RESOLVED THAT a by-law to confirm the proceedings of a Special Council Meeting held Thursday, March 27, 2014 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

CARRIED CR2014-322

44

CC2014-09



Page 9 of 9

9. ADJOURNMENT

Moved by Councillor Yeo, seconded by Councillor McGregor,

RESOLVED THAT the Council Meeting adjourn at 03:57 PM CARRIED CR2014-323

Read and adopted this 8th day of April, 2014.

_________________________ _________________________

Ric McGee, Mayor Judy Currins, City Clerk

45


Minutes ______________________________________________________________________

Kawartha Lakes Accessibility Advisory Committee

Date: Thursday, February 20, 2014

Open Session Commencing at 2:00 p.m.

Victoria Room

City Hall

26 Francis Street, Lindsay, Ontario K9V 5R8

Meeting # KLAAC2014-002

46

KLAAC2014-002


Thursday, February 20, 2014

Page 2 of 5

1. Call to Order

N. Price called the meeting to order at 2:32 p.m. with the following Committee members present: D. Broomer, D. Brown, P. Cummings, L. Dasilva, M. Fitzpatrick, G. Foster, T. Jordan, J. McLean, C. Morrissey, E. Peeters and Councillor S. Strangway.

Staff Present: B. Condie, Accessibility Coordinator and S. Deyell, Recording Secretary.

2. Administrative Business

2.1 Adoption of Agenda

Moved by Councillor S. Strangway, Seconded by J. McLean

Resolved that the agenda be adopted as circulated.

Carried KLAAC2014-008

2.2 Declarations of Pecuniary Interest

There were no declarations of pecuniary interest.

2.3 Adoption of Minutes

2.3.1 Minutes - January 16, 2014 Kawartha Lakes Accessibility Advisory

Committee Meeting

Moved by G. Foster, Seconded by E. Peeters, Resolved that the minutes of the January 16, 2014 Kawartha Lakes Accessibility Advisory Committee Meeting be adopted.


3. Presentations

There were no presentations.

4. Correspondence

There was no correspondence reviewed.

47

KLAAC2014-002



Page 3 of 5

5. News/Updates from Working Groups, Staff and Council

5.1 Accessibility Coordinator Update

B. Condie advised the Committee that a training session will be held following the completion of the committee meeting; the training module provides an overview of the legislation tied to accessibility.

5.1.1 Memo dated February 20, 2014 from Barb Condie, Accessibility

Coordinator

B. Condie provided an overview of the memo that was prepared regarding the International Accessibility Summit that will be held at Ottawa's Carleton University on July 12 to 15, 2014. The Committee discussed the number of representatives the Committee should send to the Summit.

Moved by T. Jordan, Seconded by D. Brown, Resolved that Lynda Dasilva, Jane McLean and Elizabeth Peeters be authorized to attend the International Accessibility Summit in Ottawa on July 12, 13, 14 and 15, 2014 on behalf of the Kawartha Lakes AAC; and That $1,000.00 be applied to the Committees Conferences/Seminars account #1-4-1023-4028 to cover the cost of registration and accommodation for the Summit and the balances owing charges to the Accessibility Week Activities Account #1-4-1023-5016.


5.2 Communication and Employment Working Group

There was no report from the Communication and Employment Working Group.

5.3 Transportation Working Group

N. Price advised that the Transportation Working Group will be meeting with Public Works Staff on March 4th to discuss winter sidewalk maintenance. In preparation for the March 4th meeting the Transportation Working Group reviewed existing by-laws pertaining to winter sidewalk maintenance to highlight areas of interest.

48

KLAAC2014-002



Page 4 of 5

5.4 Built Environment Working Group

G. Foster advised that the Built Environment Working Group has received an updated site plan for review for the Linbrook Development that is located on the west end of Kent Street in Lindsay. The revised plans will be reviewed and comments will be forwarded to the Planning Department; to date comments on the plans have highlighted the need for a pedestrian sidewalk leading to the site.

5.5 Public Awareness Working Group

E. Peeters advised that the Public Awareness Working Group has confirmed that the 2014 Accessibility Awareness Recognition Awards will be presented at the June 26, 2014 Special Council Meeting. A small social hour will be held prior to the Special Council Meeting.

5.6 Councillor’s Update

Councillor S. Strangway advised the Committee that a loan program aimed at providing assistance with the costs that are associated with septic system replacements has been endorsed by Council. Program will allow residents to pay the costs associated with replacing a septic system over a ten (10) year period; interests charges will be applied.

Councillor Strangway also advised that the Rural Transit Program has been reviewed by Council and Council will be receiving additional information on the Program.

In addition, Councillor Strangway noted that the Kent Street corridor study is underway.

Moved by L. Dasilva, Seconded by J. McLean, Resolved that the reports provided under agenda items 5.1, 5.2, 5.3, 5.4, 5.5 and 5.6 be received by the Kawartha Lakes Accessibility Advisory Committee for information purposes.


6. New or Other Business

There was no new or other business.

49

KLAAC2014-002



Page 5 of 5

7. Next Meeting

The next meeting will be held on March 20, 2014, at 2:00 p.m. in the Lower Level Boardroom at the Lindsay Public Library.

8. Adjournment

Moved by L. Dasilva, Seconded by E. Peeters, Resolved that the February 20, 2014 Kawartha Lakes Accessibility Advisory Committee Meeting adjourn at 2:59 p.m.


50

The Gorporation of the City of Kawartha Lakes

Gouncil Report

Report Number PUR 2014-020

Date: April 8, 2014Time: 2:00 p.m.Place: Council Chambers

Ward Community ldentifier:

Subject: Final Cover at Fenelon and Laxton Landfill S,r:"-,

Author: Karen Buckley,Buyer

Co-Author: Heather Dzurko,Waste ManagementOperations Supervisor

Signature:

Signatü

Recommendation(s):

RESOLVED THAT Report PUR2014-020, Final Cover at Fenelon and LaxtonLandfill Sites, be received; and

THAT the lowest, compliant tender received from Young's Construction, ofFenelon Falls, be selected for the award of Tender 2014-31-CT for the FinalCover at Fenelon and Laxton Landfill Sites for the tender price of $100,450.04plus $13,058.51HST, for a total tender amount of $113,508.55; and

THAT subject to receipt of the required documents the Mayor and Clerk be

authorized to execute the contract to award this tender.

Corporate Services Director / Other:

C hief Adm in istrative Officer:

//,/'-Øzur2o

51

Finat cover at p"n"lon "nlïulloÍi:"'#,t ?,t":

Page 2 of 4

Background:

At the Council Meeting of January 28,2014, Council adopted the followingresolution:

10.3.18RESOLVED THAT RepodWM2014-004, Landfill Final Cover and AssociatedBudget for 2014-Fenelon and Laxton Sites, be received; andTHAT funds in the amount of $175,000.00 designated for Project NumberWMl420 currently held in abeyance as per resolution CR2013-995 be releasedfor final cover work to be completed in 2014.

cR2014,095

This report addresses that direction.

The City is obligated by the Environmental Protection Act and associatedregulations to apply final cover to landfill sites. This cover is in addition to thedaily and interim cover applied through ongoing operatìons. The status of theCity's operating landfill sites is such that final grading and cover should beapplied to portions of the Laxton and Fenelon landfill sites in 2014.

The tender specification included grad¡ng and applying vegetative cover to6400m'at the Laxton landfill and grading and applying clay and vegetative coverto 9850 m2 at the Fenelon landfill.

Request for Tender 2014-31-Cf Final Cover at Fenelon and Laxton Landfill Siteswas released for advertising in accordance with the Purchasing Policy.

The tender closed on Thursday, March 20, 2014 and was opened in public by RicMcGee, Mayor and Debbie Ball, Buyer. Submissions were received as follows:

CompanyTender AmountRead at Opening(including HST)

Corrected Amountafter Evaluation of

Subm issionsYoung's ConstructionFenelon Falls $ 1 13,565.00 $1 13,508.55

Todd Brothers Contracting LtdStouffville $192,657.52

RoyelLindsr

$221 ,894.38

Kawartha Capital Corp.$226,678.90 $226,701.50

Four Brothers ConstructionWoodville $275,978.21

52

Finat cover at r"n"ron unãTuIloÍi:"'.iti::Page 3 ot 4

Bids were checked for mathematical errors and complìance to the tender call.References provided by Young's Construction were checked and found to befavourable.

Rationale:

Staff recommends that ihe lowest, compliant tender received from Young'sConstruction, of Fenelon Falls, be selected for the award of Tender 2014-31-CTfor the Final Cover at Fenelon and Laxton Landfill Sites for the total tender priceof $l 13,508.55, and that subject to receipt of the required documents the Mayorand Clerk be authorized to execute the contract to award this tender.

Other Alternatives Considered:

No other alternatives are being considered at this time as the lowest, complianttender is being recommended for the award.

Financial Considerations:

Ihe 2014 Approved Capital Budget, (SP1407), allocated $175,000 for final coverat Fenelon and Laxton landfill sites.

The remaining surplus in the project will be addressed to Council in the capitalclose reports provided by the Treasury Department in accordance to the CapitalClose and Administration Policy.

Relationship of Recommendation(s) To Strategic Priorities:

The Final Cover at Fenelon and Laxton Landfill Sites does not directly impact oralign with a specific Strategic Priority.

Review of Accessibílity lmplications of Any Development orPolicy:

N/A

Servicing Comments:

N/A

$72,782

53

Report #UR-2014-020Final Cover at Fenelon and Laxton Landfill Sites

Page 4 of 4

Consultations:

Leanne Mitchell, Junior Accountant

Attachments:

Ery

Wfvl2014 004 LðndfillFinalCover and Asso,

Phone: 705-324-9411 ext. 1125

E-Mail: ltbendry_@çrlylalyadhaþleç.s!.caDepartment Head: Michelle Hendry, Director of Public Works

Department File: 2014-31-CI Final Cover at Fenelon and Laxton Landfill Sites

54


Council Report

Report Numbe r WM- 2014-004

Date: January 28,2014Time: 2:00 p,m,Place: Council Chambers

WaÌd Commun¡ly ldenf¡fier: 4 and 5

Subject: Landfill Final Gover and Associated Budget for 2014 - Fenelonand Laxton Sites

Author/Title: Heather Dzurko Signature: ì4 Pf'-^/(-'-crrñ^¡¡¡¡ñ^' l¡tr^à+^ !lt^h^^^m¿n+ i.lna¡¡finrr Asupgrvlsg¡¡-!vgg!9.M?l!99e-mel!9pSe!9!9_ u -,_

Recommendation(s):

RESOLVED Tl'lAT Report WIV-2014-004, Landfill Final Cover and AssociatêdBudget for 2014 - Fenelon and Laxton Sites, be received; and

THAT funds in the amount of $175,000 designatecJ for Project Number WM1420currently held in abeyance as per resolution CR2013-995 be released for fìnalcover work to lre completed in 2014.

Depañment Head:


Chief Administrative Officer:

55

Landrìil Finar cover á,rd Assooiared Budser ror 2014 - Felååi:Íy$ÍåitòÎ,3iFage 2 of 4

Background:

At the Council Meeting of October 10, 2013, Council adopted the lollowingresolution.

RESOLVED THAT Project Number WlV1420 - L-andfill Cover be included in fhe20'14 capital budget with â total project cost of $175,000.00 to be funded from tâxsupportì

THAT the project be held ¡n abeyance subject to a review of the issue by lheWaste Management Committee with a rêcommendation to Coun<;ìl and subject toâ presentat¡on to Counc¡l of a business plan report ând rationale for thespending.

cARR|ED CR2013-995

At the Waste Management Cômmittee meeting of December 11, 2013, thecommittee adopted the folìowíng resolutionr

Moved by Councillor lVlcGregor, seconded by Councillor lVacklem

RESOLVËD THAT Report Landfill Final Cover and Associated Budget for2014, be received; and

THAT the Waste Management Committee support a budget of $8,000.00 forLaxton landfill änd $167,000,00 for Fenolon landfill for final cover work to becompleted in 20'14; and

THAT a reporl be submitted to Council to approve a budget of $175,000.00, tobe incorporated into the 2014 non PSAB budget, for fÍnal cover work to becompleted in 20'14.

CA,RRIËD

The following sections provide rationale and financial cons¡derations for the 2014budget of landfill frnal cover.

Rationale:

The City s obligated by the Ënvironmental Protection Act and associatedregulatrons to apply final cover to landfill sites. This cover is in addition to thedaily and interim cover applied through ongoing operations. The stattts of theCity's operating landfill sites is such that final grading and cover should beapplied to portions of the Laxton arrd Fenelon landfill sites ìn 2014. The fundsbeing requested are based on the area of fandfill that requires cover, the costs ofsupply and delivery of cover material and the contracted equipment and labour

56

Landfìl Finat cover and Associaled Budset t", ^'l0

- t"iå3:iffsi:ltn:page 3 of 4

costs to apply, spread and compact the cover to meet requirements as specifiedin approval documents.

Staff have prepared deta¡led budgets for completing final cover based onaverâge costs from recent quotes for work undertaken in 2012 (final cover workwas not completed in 2013). A table summarizing the costs is presented inAttachment '1

.

Laxton landfill:ln 2014 scheduled work at Laxton landfill site includes some regrading and finalvegetative cover on a portion of the site thât was partially closed but has yet tobe vegetated (960m3). Costs estimated at approximately $8,000 to complete thiswork are based on an estimate of $7.95 per cubic meter for del¡very andspreading of vegetative cover. lt is anticipated that in the next 10 years anadditional $'135,935 (plus contingency) as noted in the chart-below, will berequired for finãl cover to compláe approximately 12,700 m2 of area at this site.

. . . - I-ojil gerl Tp- -cJp:sJs{e!}!!!I! -Previous Work S 101,947.00

Proposed Work for 201.4' S 8,000,00

Phose 7 cost remcl¡ning S 135,935,00

Cont¡ngency s 14,393,50

Comb¡ned Totol $ ?6û,?75.50Note 1 - details of 2014 costs are found in Attachment 1

Fenelon landfill:ln 2014 stâff recommends completing final cover orr 9,850 m2 of Phase 1 that hasreached final contour stage. It will cost approximately $167,000 based on pr¡cingìncluded ¡n Attachment 1 , Phase 1 Õf the site will be teaching capacìty in 2015and it is estimated that an additional $356,481.13 (plus contingency) will berequired to close the remaining 37 ,625 m2 area for Phase 'l over the following 2to 3 years.

- -19!!! c9-!1T9 cl_"tg l!,9t9 1l_"r9!", lgllltl!Prev¡ous Work S 36,158.00

Proposed Work for 20J41 $ 151,369.88

Phdse 1. cost remoining S 356,481,1.3

Cont¡ngency (10%) _ 5 .lÞ,648.11 _.Comb¡nedTotdl $ 579,651.L2.

Note 1 - deta¡ls of 2014 côsts are found in Attachment 1

Other Alternatives Consídered:

The City could choose not to complete final cover at the sites, At this timehowever, this is not a best management practice and the MOE has the authority

57

Landrrt Finar cover and Assocìated Budset to.. zor¿ - rele"r8lXÍilx;13ltÎi3iPage 4 ot 4

to order the City to properly place final cover âfter landfill cells are complete, lfthe placement of final cover is prolonged on finished areas of a landfill, there areincreased risks of leachate outbreaks and erosion which would unnecessarilyincrease the cost of operations.

As well, applying final cover to the Fenelon landfill site at this time should assistthe City with the Environmental Compliance Approval application, being reviewedby the MOE at this time, to continue the use of the landfilì site.


This project will require $175,000,00 to complete. Funds are currently being heldin abeyance as per Council directìon dur¡ng the 2014 Capital Budget discussions.

Relationship of Recommendation(s) To Strategic Priorities;

The application of final cover at landfill sites does not d¡rectly ìmpact or align w¡tha specific Strategic Priórity.

Cons u ltations:

Waste Management CommitteeDavid Kerr, Manager Environmental ServicesTara Stephen, Regulatory Compliance Officer

Attachments:

uryl ìrlLandfrll FirìalCovcr

and AssociaLed Bucrg(

Please ensure that all attachments are forwarded with the signedleport.

Phone: 705-324-9411 ext 2360

Ë'Mail: [email protected]

Departmênt Head: Michelle Hendry, Director of Public Works

Department File:

58

Attechment I

Laxton Landfill 2014 Proposed Final Cover Work - Detailed Cost Breakdown

RequiredCover Moter¡dls tln¡t cost/un¡t th¡ckness Total Cost

Vegetative Cover {onsite)

Earth Wotks

m3

Un¡tRequ¡redThickness

960 s 3,619.20

Total Cost

St)read vegetative cover m3 $ 4.16

unit cost/Unit?11!p!9p-q-"!!9rk

960 s 3,993.60

Requ¡red

Page I of Il.andfrll Final Cover and Associated Budqet - December 2013

Proposed Work for 2014

Cont¡

Fenelon Landfill 2014 Proposed Final Cover Work - Detailed Cost Breakdown

Areâ requiring grad ing

unit cost/unit __ogg.l!i!y _ Totâl cqst _,- _=m2 S 7.71 9,850 $ 7!i,941.50

çilgl Mat9l!!!Clay required (0,6m)

Vegetative Cover {onsite)TotalEqrth works

m3 S 6.62 s910 s 39,124.20

m3 5 3.77 1477.s ,s -!,529:-!Q...,I 44,694.33

gilt- ,ç-o9!¿9rl!- qt?Jltv --J-ogl-c.g-'l . -_Spread and com pact clay

Spread vegetative covef

Total

m3 S 4,16 s910 s 24.s8s.60m3 5 4.16 I477.s S 6,146.40

i 30, /17.00

Fq4! We!!! I9!{ ç9,s!_Proposcd work for 2014 s 1s1,369.88

l1"O%) s 1s,136.99

Total Proposed work for 2014 $ 166,5fJ6,86

59


Gouncil Report

Report Number PUR201 4-021


Ward Community ldentifier: 12

Subject:

Author/Title: Debbie Ball, Buyer

Co-Author/Title: Juan Rojas,

Single or Sole Source Approval for the Relocation oflnfrastructure on Logie Street, Town of Lindsay

l,f'¿(Signature:

Signature:Manager of Engineering Services

RECOMMENDATTON(S):

RESOLVED THAT Report PUR2014-021, "Single or Sole Source Approval forthe Relocation of lnfrastructure on Logie Street in the Town of Lindsay", bereceived;

THAT Hydro One, be selected for the award of Single or Sole Source Approvalfor the Relocation of Infrastructure on Logie Street, in the Town of Lindsay at theestimated price of $138,435.32 plus $17,996.59 HST for a total amount of$156,431.91; and

THAT Purchasing Division be authorized to issue a Purchase Order.

Department Head:

Gorporate Services Director / Other:

Chief Administrative Officer: r60

sinsre sote source Approvat ror Rerocation or tnrrastlecl;[ tiü3lJ$l"itPage 2 of 3

BACKGROUND:

Logie Street Reconstruction was identified in the 2014 Capital Budget underRD1406 Urban/Rural Reconstruction projects. Part of the scope of work is torelocate existing utility poles and utility lines to allow for a new road alignment.Hydro One is the only company that can provide plant relocation services.

RATIONALE:

Staff recommend that Hydro One be selected for the award of Single or SoleSource Approval for the relocation of infrastructure on Logie Street, in the Townof Lindsay at the estimaied price of $138,435.32 plus $17,996.59 HST for a totalamount of $156,431.91.

OTHER ALTERNATIVES CONSIDERED:

No other afternative is being considered based on the fact that Hydro One is theonly company that can perform this work, funds are available and this work isrequired before a tender for the reconstruction of Logie Street can proceed,

FINANCIAL CONSIDERATIONS:

Funds for this infrastructure relocation is allocated and approved in the 2014Capital Project RD1406 for the reconstruction of Logie Street as indicated below.

*Other Committed Funds includes costs for construction, administratìon,inspection, material testing and minor utility relocation work (Bell).

This infrastructure relocatìon work which is a component of the future issuance ofa tender for the reconstruction of Logie Street in the Town of Lindsay, CapitalProject RD1406, will also be reported in that report.

RELATIONSHTP OF RECOMMENDATTON(S) TO STRATEGICPRIORITIES:

This infrastructure relocat¡on work aligns with the Strategic Priority of creatingconnections within the community and externally by expanding and enhancingactive transportation systems.

çaprtalProjectN umber

Cap¡talProjectB¡ ¡¡lnaf

uontraclAdmin &ncrlêêfiôr

uaprtalProjectBalance

lenderAmount

lincl. HSTI

HSTRebate

10%3ont¡ngencl

TotalTender

Cost

GapitalProjectBalance

RD1406SRN

000902$1,610,000 È1 ,455.284 $154,716 $156,432 ($15,560) $ 1 3,844 $ 1 54,7 16 $0

61

sinste sote source Approvat ror Rerocation ",^u"o[,??""'[tlTãíiJ3il"iPage 3 of 3

REVIEW OF ACCESSIBILITY IMPLICATIONS OF ANYDEVELOPMENT/POLICY:

The City is committed to the continual improvement of access for all persons.

SERVICING COMMENTS:

nla

CONSULTATIONS:

Corby Purdy, Supervisor, lnfrastructure and Design, Engineering DivisionLeanne Mitchell, Junior Accountant

ATTACHMENTS:

nla

Phone: 705-324-9411 Exl 1239

E-Mail: [email protected],ca

Department Head: Ron Taylor

Department File: Tender2014-46-55

62

The Gorporation of the Gity of Kawartha Lakes

Gouncil Report

Report Number PUR201 4-023


Ward Gommunity ldentifier: Wards 1O112

Tender 2014-32-CT - Rehabilitation of Lindsay StreetSubject:

Author/Title:

Co Author:

North Bridge, Lindsay

Debbie Ball, Buyer

Juan Rojas,Manager of Engineering

v!'/l' &-

/(

Signature:

Signature:

Recommendation(s):

RESOLVED THAT Report PUR2014-023, "Rehabilitation of Lindsay Street NorthBridge" be received;

THAT All Services lncorporated Courtice, be selected for the award of Tender2014-32-CT for the Rehabilitation of the Lindsay Street North Bridge for thetender price of $538,310.00 plus $69,980.30 HST for a total tendered amount of$608,290.30;

THAT subject to receipt of the required documents, the Mayor and Clerk beauthorized to execute the contract to award this tender; and

THAT, Purchasing Division be authorized to issue a Purchase Order.

Department Head:


Ch ief Admi nistrative Officer:63

.r'ender 20r4-32.c1 RehabiritârionIltioill'"'.*i'í;Îí3Page 2 of 5

Ëlackground:

The Lindsay St North Bridge was identified as a priority for rehabilitation in theCity's 201'1 structural appraisals' report due to its age, condition and volume oftraffic which crosses over it.

It was buclgeted in 2013 through program 8C1303 for the design of therehabilitation which was completed.

Subsequently, the project was then budgeted for and approved for therehabilitation in the 2014 Capital Budget 8C1403.

This project falls within the overall asset management strategy for maintainingthe integrity of the City's bridge system.

The table below includes the list of projects that are approved in Program8C1403 Bridge Reconsiruction, Rehabilitation and Design.

Tender 2014-32-CT was advertised in accordance with the Purchasing Policy.

The tender closed on Thursday, March 20, 2014, and was opened in public by:Mayor Ric McGee and Debbie Ball, Buyer.

lridge Name Treatment Construction Des¡gnContract

Admn/lnsp.

Misc,&

ContigencyTotal Requ¡red

,4itcheLls Bridge Reconstruction S 1,308,676 s 6s,434 $ 130,868 5 1,504,977 s 1.,s04,977

indsay 5t North BridgeReha bilitation s 639,1s( S 31.9s8 S 63,e1s s 73s,023 S 73s,023

)KL 36 bridgesReha bililation 5 600,000 s 30,000 s 60.000 s 690,000 s 690,000

rent canal Bridge Design for Future$ 70,00( 5 70,000 5 70,000

TOTAT s 2,547,826 s 70,00( 5 L27 ,391 S 254,783 s 3,000,000 S 3,ooo,ooo

64

Report #PUR20'14-023I ender 2014-32-CT Rehabil¡tation of Lindsay !ìt l! Bridge

Page 3 of 5

Results at Opening:

Tender Received FromTotal Tender Amount as

Read at the PublicOoenino includino HST

All Services lncorporatedCourtice

$608,290 30

Dalcon Enterprises Ltd.Ottawa

$821 ,374.40

Carlington Construction lnc.Stonev Creek $915,729.40

Bob Hendricksen Construction LimitedPort Perry $1,089.918.90

Clearwater Structures lnc.Aiav $1,160.439.94

Louis W. Bray Construction LimitedSt. Andrews West 91 ,236.787.49

One Notice of Decline to Tender was received from Toronto Zenith ContractingLimited, stating that their schedule would not permit them to perform therequested requirements.

Tenders were checked for mathematical errors and conformity to the tenderrequirements. Reference checks were conducted, with no concerns identified.

The lowest and most compliant tender received from All Services lncorporated ofCourtice is balanced as confirmed by the engineering consulting firm,

Rationale:

Staff recommends the award to the lowest, compliant tender received from AllServices lncorporated of Courtice for the award of Tender 2014-32-CT for lhetender price of $538,310.00 plus $69,980.30 HST for a total tendered amount of$608,290.30.


No other alternative is being considered based on the fact that the lowest tenderis being recommended and funds are available.

65

r enrrér 2014-32,c I r.{eharririlar¡onT;i-c';l$ir $',Î ií;lå3Page 4 of 5


Funds for the rehabilitation to the Lindsay Street North Bridge are allocated asapproved in the 2014 Capital Project 8C1403 with a budget of $735,023.00.

Other projects are also included in this Project Code with a total budget of$3,000,000, including three bridge rehabilitations, being the Lindsay Street NorthBridge, the Little Bob Channel North and South Bridges in Bobcaygeon. CapitalBudget 8C1403 also includes reconstruction of Mitchell's Bridge and design ofTreni Canal Bridge (Big Bob Channel) in Bobcaygeon.

The chart below shows the status of the Lindsay Street North portion of theproject after this tender is awarded. This work is the first proiect under BC1403.

-Other Committed Funds includes engineering des¡gn costs.

Staff recommends leaving the surplus balance of $100,503.00 in project 8C1403until all projects within that budget have been tendered. ln the last tender reportfor the projects approved within this overall budget (8C1403), staff will include abreakdown of all the project tenders.

Any surplus remaining in the project once the project is completed will beaddressed to Council in the capital close reports provided by the TreasuryDepartment when all projects under this Capital Project Budget are completed.

Relationsh ip of Recommendation(S) To Strateg ic Priorities :

Tender 2013-32-CI for the Rehabilitation of the Lindsay Street North Bridgealigns with the Strategic Priority of creating connections within the communityand externally by expanding and enhancing active transportation systems.

Review of Accessibility lmplications of any DevelopmenUPolicy

nla

66

Te n de r 2 0 1 4- 3 2 - or R.? h a bi r *ûri on TTl;* 3i^ilttÎ

"1;

Îi 3Pâge 5 of 5

Servicing Cc¡mrnents:

nla

Consultations:

Danell Darling, Senior Engineering TechnicianLeanne Mitchell, Junior Accountant

Attachments:

nla

Phone: 705-324-9411 Ext 1239

E-Mail: rtaylor@city. kawadhalakes. on. ca


DepartmentFile: Tender2014-32-CT

67

The G

orporation of the Gity of K

awartha Lakes

Council R

eport

Report N

umber R

T 2014-003

Date: A

pril 8,2014T

ime: 2:00 p.m

.P

lace: Council C

hambers

Ward C

omm

unity ldentifier: All

Subject:

2014 Tax P

olicy Decisions

Author/T

itle: Ghristine N

orrisC

S M

anager, Revenue &

Deputy T

reasurer

TH

AT

the City of K

awartha Lakes does not

operty classes for 2014; and

TH

AT

the 2014 tax rate reduction providedproperties w

here the land is in the propertyland is as follow

s:

Com

mercial:

lndustrial:

adopt optional pr

to comm

ercial and industrialsubclass of vacant land, or excess

30%35%

; and

Signature:

Taxation

Recom

mendation(s):

RE

SO

LVE

D T

HA

T R

eport RT

2014-003,2014 Tax P

olicy Decisions, be received;

and

TH

AT

the 2014 tax rate reduction provided to properties where the

property subclass of Farm

land awaiting developm

ent is:

First C

lass Undeveloped F

arm Land:

45o/o', and

TH

AT

a By-law

, substantially in the form attached as A

ppendix A2014-005 be fonryarded to C

ouncil for adoption in relation tosubclass reductions; and

land is in the

to Report R

Tthe property

68

TH

AT

the following C

apping and Threshold P

arameters

the form attached as A

ppendix B to R

eport RT

2014-005to the property subclass reductions

Report #R

T-2014-003

2O14 f ax P

olicy Decisions

Page 2 of 17

by-law substantially

inbe adopted in relation

Com

mercial

lndustrialM

ulti-R

esidentialA

nnualized Cap Lim

it10%

10%10%

Prior Y

ear's CV

A Lim

it5o/o

5%5%

CV

A T

hreshold (protected properties)$250

$250$250

CV

A

Threshold (claw

ed backproperties)

$250$250

$250

Exclude properties that w

ere at CV

Atax in 2008

Yes

Yes

Yes

Exclude properties that w

ould crossover C

VA

tax in 2009Y

esY

esY

es

and

TH

AT

lhe 2014 tax decrease retained byprotection for the follow

ing protected propertythe m

unicipality to fund cappingclasses be as follow

s:

as Appendix C

to Report

relation to the tax decrease

Com

mercial

lndustrialM

ulti-residential

TH

AT

a By-law

, substantially in the form attached

RT

2014-003 be fon¡uarded to Council for adoption in

limits.

0%0%0%

Departm

ent Head:

Gorporate S

ervices Director / O

ther:

Chief A

dmin istrative O

fficer:

69

Report #R

T-2014-003

'oto t* t""3'rno"": "Jii;

Background:

fhe Municipal A

ct, 2001 and the Ássessm

enf Acf provide C

ouncil with the

authority to make decisions cóncerning property taxation.

These decisions include:

1. the adoption of optional propedy classes;2. the tax rate reduction provìded io com

merc¡al and industrial properties

where the land is in the property subclass of vacant land, or excess land

3. capping and threshold parameters for propertìes in the m

ulti-residential;com

mercial, and industrial properly classes; and

4. the limit of the decrease for com

mercial, ìndustrial, and m

ulii-residentialproperty classes subject to "claw

back" provisions

The purpose of this S

taff Report is to provide C

ouncil with inform

ation supportingthe by-law

s required to finalize the 2014 tax billing process.

Rationale:

1. Optional P

ropeÍv Classes

The A

ssessment A

ct provides for the implem

entation of optional propertyclasses. T

his allows C

ouncil to apply different tax ratios to different propertyclasses w

ithin the "main" property classes of com

mercial and industrial. O

ptionalproperty classes include:

. S

hopping Centre (included in the C

omm

ercial Broad C

lass)

' P

arking Lots (included in the Com

mercial B

road Class)

. O

ffice Buildìng (included in the C

omm

ercial Broad C

lass).

Large lndustrial (included in the lndustrial Broad C

lass).

New

MultÈ

Residential (included in the M

ulti Resìdential B

road Class)

Different tax ratios m

ay be implem

ented if optional property classes are adopted.T

he tax ratios in these situations must fall w

ithin the legislated ranges of fairness.

The C

ity of Kaw

artha Lakes has not adopted optional propedy classes ensurìngthat all properties w

ithin a defined "broader" property class are taxed at the same

level.

Recom

mendation

1:T

hat Council does not adopt optional property classes for the 20'14 tax

year.

70

,.,.1"i-"Ëi[J 33ü,3î3

Page 4 of 17

2. T

ax Rate R

eduction Factors

Subsection 31 3(1 ) of the M

unicipal Act, 2001 provides that tax rates levied for

property in the comm

ercial and industrial classes that are not classed as"occupied" be reduced.

Legislations states vacant and excess land in the comm

ercial property class istaxed at 70%

of the fully occupied comm

ercial tax rate. ln the case of vacant orexcess land in the rndustrial property class the legislated rate is 65%

of the fullyoccupied industrial tax rate.

Munrcipalities have the option to have a blended reduction raie. ln order to

implem

ent that option, it would result in vacant and excess land in the industrial

property class paying a higher ìevel of taxation than ìs currently in place.C

onversely, it would result in com

mercial vacant and excess land paying a low

errate.

Staff does not recom

mend introducing a blended rate at this tim

e. Our first focus

is to ensure property taxes are based on the CV

A tim

es the tax rate, Once all

properties are at the correct tax level, then it mìght be appropriate to look at a

blended tax rate reduction factor.

The other property class w

here Council has the option of changing a tax rate

reduction factor is in the Farm

land Aw

aiting Developm

ent property class.C

ouncil approved increasing the reduction factor from .45 of the residential tax

rate in 2008 to .55 of the residential tax rate. At this tim

e staff recomm

ends nofurther changes for the 2014 laxation year.

Recom

mendation 2:

The tax rate reduction by-law

for 2014 provide for reductions as follows:

Com

mercial:

lndustrial:F

irst Class U

ndeveloped Farm

Land:

30%35%45%

And,

That a by-law

detailing the subclass tax reductions, substantially in theform

as attached as Appendix "4", be forw

arded to Council for adoption.

3. 2014 Cappinq and T

hreshold Param

eters

For taxation years 2006 through 2013 C

ouncil approved full use of the toolsprovided by the P

rovince to move as m

any properties as possible to "currentvalue assessm

ent times tax rate" taxes.

71

,.,,Ti,"

Ë Í [i"331i,3i3

Page 5 of 17

The tools allow

ed for the movem

ent of properties out of the capping calcuìation ifthe capping or claw

back amount w

as less than or equal to:.

10% of prior year capped taxes, or

' 5%

of the prior year CV

A taxes, and

' lf the property is w

ithìn $250 of paying CV

A taxes (either capped or claw

backed),

ln 2008 the Province announced the ability to exclude properties from

cappingand claw

back calculations if they were at C

VA

taxes in 2008 or ìf the taxes were

previously a capped property and became a properly subject to a claw

back oftaxes or vice versa. C

ouncil adopted this option starting in 2009.

Staff is recom

mending C

ouncil continue approving the maxim

um options

available to move as m

any properties to CV

A tax as possible once again this

year.

Table 1 show

s the number of properties subject to capping and claw

backadjustm

ents as of the writing of this report.

iAt cvA

dùã ió "'ãiùàé óóiionì; "iCV

À-'[-*----87 i

1,501 i 311

iTotal P

roperties

The total estim

ated dollar value of capping protection provided to thesepropertìes is $8,3932. T

his is a decrease from the $12,133 of protection provided

in 2O12.

| 'l'hc fìgules ale accur¿rte as of M

arch 19, 20l4 howevcr are sr¡bjecl 10 change due to ltrior to 20 J4 lìinaÌ

I'ax 13iÌìing.

'lbict.

72

Repod #R

T-2014-003

,0, o ."" r",';ur;"":,"J¡i;

Recom

mendation 3:

The C

ity of Kaw

artha Lakes implem

ents the capping and thresholdparam

eters as shown below

:

. Y

Ylti-. com

merciat tndustrial

i

, resrdentral'

1o%l

1o%

10% :A

nnualized Tax lim

it

I s,/"1

sen¡ süt"iirirlliéàrit C

VÀ

rax Limit

t, zsol

,uo 2so9"Y

i^t"ïl,T::iord

ror protected

i i

properties (lncreasers) ($0 to $250) and/or

I ---i

--- : ^-^ C

VA

Tax T

hreshold tor ctaweO

¡åòktl

2501 250 t

25o pråp"tt¡"t töããreasers¡ ($0 to $250)

I w

tutti- . lcomm

ercial :lndustrialI resrdentral

I

i I

:Properties that w

ere at CV

A T

ax in 2oi2 oriñ

l¡7 P

:that w

ould cross over CV

A T

ax in 2014 areII

to be excluded from caP

Ping.

That a by-law

detailing the capping and threshold parameters, substantially

in the form as attached as A

ppendix "B" be forw

arded to Council for

adoption.

4. C

lawback

Each year a by-law

is passed to provide ihe percentage of the tax decrease thatis retained by the m

unicipality (clawed back) in order to fund the properties that

receive capping protection. The purpose of this by-law

is to allow staff to apply

these provisions to subsequent adjustments to the tax roll after the final tax bills

are calculated.

For 2014 the decreases retained (claw

ed back) are as follows3:

Multi-

Residential

Com

mercial

lndustrial

Claw

back Percentaqe

Qo/o

0%0%

Retaìned P

ercentaqeO

o/c,100%

100%T

otal100%

o100%

100%T

ax Adjustm

ent - lncreasers$0

'$6.669)($1 .724\

Tax A

diustment - D

ecreasers$0

$0$0

Net class Im

oacl$0

($6.669)(s1.724\

ñ;i

73

,,,.TifË

i[]3311,3î3P

age '1 of 17

The funding for the com

mercìal and industrial property classes w

ill be realìzedthrough subsequent capping adjustm

ents to accounts as a result of assessment

appeals and minuies of settlem

ent, therefore having no impact on the overall

2014 operating budget.

Recom

mendation 4:

That a by-law

detailing the decrease clawback param

eters as shown below

,substantially in the form

as attached as Appendix "G

" be forwarded to

Council for adoption.

M u lti-R

es identia l: 0o/o

Com

mercial:

0%lndustrial:

0%

Other A

lternatives Considered:

Council m

ay chose not to fund the comm

ercial nor industrial cappingrequirem

ents through capping and clawback adjustm

ents as a result of pendingassessm

ent appeals, however the claw

ing back of decreases has beenelim

inated over the ìast couple of years and we w

ould be putting a further burdenon com

mercial and industrial property ow

ners. Recom

mendation 4 applies

consistent treatment to all properlies in the com

mercial and industrial property

classes.

Financial C

onsiderations:W

ith the existing recomm

endations there are no financial implicaiions for the

municipality.

Relationship of R

ecomm

endation(s) To S

trategic Priorities:

Tax P

olicy recomm

endations do not directly impact or aìign w

ith a specificS

trategìc Priority.

Review

of Accessibility lm

plications of Any D

evelopment or

Policy:

Not applicable

Servicing C

omm

ents:N

ot Applicable

74

Report #R

T-2014-003

2O14 T

ax Policy D

ecisionsP

age I of 17

Consultations:

Not A

pplicable

Attachm

ents:

2014- A B

y-lawto 2014- A

By-law

to 2014- Ljril Tax

Establish 2014 S

ubcla sæcify the C

apping E D

ecreases on Corm

æ

Phone:

7053249411 x1274

E-M

ail: cnorris@

city.kawarthalakes.on.ca

Departm

ent Head : M

ary-Anne D

empster

Departm

ent File:

75

TH

E C

OR

PO

RA

TIO

N O

F T

HE

CIT

Y O

F K

AW

AR

TH

A LA

KE

S

BY

-LAW

2OI4-

A B

Y-LA

W T

O S

ET

TA

X R

AT

E R

ED

UC

TIO

NS

F

OR

PR

ES

CR

IBE

D S

UB

CLA

SS

ES

IN

TH

E C

ITY

OF

KA

WA

RT

HA

LAK

ES

FO

R Y

EA

R 2014

Recitals

1. S

ubsection 313(1)of lhe MunicipalA

cf provides that the tax rates thatwould

otherwise be levied for m

unicipal purposes for the subclasses prescribed underS

ubsection I (1) of the Assessm

enf Acf shall be reduced ìn accordance w

ith therules in that section of the M

unicipal Act.

2. O

ntario Regulation 383/98 prescribes the farm

land awaiting developm

entsubclasses and tax reduction percentages.

3. C

ouncil has determined the rates for reductions in the various subclasses

prescribed.

Accordingly, the C

ouncil of The C

orporation of the City of K

awartha Lakes enacts

this By-law

2014- .

1.O1 D

efinitions: ln this By-law

:

(a) "By-law

" means this by-law

, as it may be am

ended from tim

e to time.

The R

ec¡tals to, and the Schedules attached to this B

y-law are

considered integral parts of it.(b) "G

ity" means T

he Corporation of the C

ity of Kaw

artha Lakes.(c) "C

lerk" means the person w

¡thin the administration

of the City w

hichfulfils the function of the C

ity Clerk as required by the M

unicipal Act.

(d) "Gom

mercial P

roperty Class" includes all m

ajor offtce property,shopping centre property and parking lot property.

(e) "Corporate S

ervices Manager, R

evenue and Taxation" m

eans theperson w

ithin the administration of the C

ity which fulfills the function of the

Tax C

ollector or his or her delegate(s), as required by lhe Municipal A

ct,2001 or, in the event of organizational changes, another persondesignated by C

ouncil.(f) "C

ouncil" means the m

unicipal council for the City.

(g) The "F

irst and Second C

lasses of Farm

land Aw

aiting Developm

ent"consist of land as defined in accordance w

ith Ontario R

egulation 282198,as am

ended.(h) "lndustrial P

roperty Class" includes all large industrial property.

1.o2 !!þrpr9!c!io_!_Euþs:

(a) W

herever this By-law

refers to a person or th¡ng with reference to gender

or the gender neutral, the intention ¡s to read the B

y-law w

ith the genderapplicable to the circum

stances.(b)

References to item

s in the plural include the singular, as applicable.

76

(c) T

he words "include" and "including" are not to be read as l¡m

it¡ng thephrases or descriptions that follow

.

1,03 Statutes: R

eferences to laws in this by-law

are meant to refer to the statutes, as

amended from

time to tim

e that are applicable within the P

rovince of Ontario,

1.04 S.gyC

IeÞj!!!y: lf a court or tribunal of com

petent jur¡sd¡ction declares any portionof this B

y-law to be illegal or unenforceable, that portion of this B

y-law w

ill beconsidered to be severed from

the balance of the By-law

, which w

ill continue tooperate in full force and effect.

2,O1 C

omm

ercial: The tax rate reduction for the vacant land and excess land

subclasses in the Com

mercial P

roperty Class is thirty (30%

) percent.

2.O2 lndustrial: T

he tax rate reduction forthe vacant land and excess landsubclasses in the lndustrial P

roperty Class is thirty-five (35%

) percent.

2.O3 F

irst Class U

ndeveloped Farm

Land: The tax rate reduction for the F

irst Class

of Farm

Land Aw

aiting Developm

ent in the residential/farm

, multi-residential,

Com

mercial or lndustrial P

roperty Classes is forty-f¡ve (45%

) percent.

2.04 Second C

lass Undeveloped F

arm Land: T

he tax rate reduction for the Second

Class of F

arm Land A

waiting D

evelopment

in the residential/farm, m

ulti-residential, C

omm

ercial or lndustrial Property C

lasses is zero (0%) percent,

3.01 Adm

inistration of the Bv-law

: The C

orporate Services M

anager - Revenue

and Taxation is responsible for the adm

inistration of thìs by-law

.

3.02 Effeç!!ve_pe!9.: T

his ByJaw

shall come into force on the date it is finally

passed.

By-law

read a first, second and third time, and flnally passed, this 8rh day of A

pril, 2014.

Ric M

cGee, M

ayorJudy C

urrins, City C

lerk

77

TH

E C

OR

PO

RA

TIO

N O

F T

HE

CIT

Y O

F K

AW

AR

TH

A LA

KE

S

BY

-LAW

2OI4-

A B

Y-LA

W T

O S

PE

CT

HE

CA

PP

ING

AN

D T

HR

ES

HO

LD P

AR

AM

ET

ER

S F

OR

2OI4

Recitals

1 . S

ubsec¿lon 329.1(1)

1 , Municipal A

ct, 2001 as amended, allow

s municipalities to

pass a by-law to increase the cap on A

nnualized taxes from 5%

to a maxim

um of

10%. T

he OP

TA

program w

ill allow the selection of any percentage betw

een 5%and 1O

o/o up to two decim

al places.

2. Subsection 329.1(1) 2, M

unicipal Act,2001 as am

ended, allows m

unicipalities topass a by-law

, which allow

s the cap to be calculated with reference to the

previous year's CV

A tax. T

he municipality can specify the am

ount of the cap onthe C

VA

tax, 'from O

o/o to a maxim

um of 5%

. The O

PT

A program

will allow

theselection of any percentage betw

een 0.01% and 5%

, and uses two decim

alplaces.

3. Subsecfion 329.1(1) 3, M

unicipal Act, 2001 as am

ended, allows m

unicipalit¡es topass a by-law

lo move capped properties w

hose 2010 Revised T

axes fall within

$250 (or a lower specified am

ount) of the current year's CV

A tax. T

he OP

TA

program w

ill allow the selection of a threshold am

ount between $1 and $250, by

one-dollar increments.

4. Subsection 329.1(1) 4, M


ended, allows m

unicipalities topass a by-law

to move claw

ed-back propert¡es whose 2010 R

evised Taxes fall

within $250 (or a low

er specified amount) of the current year's C

VA

tax. The

OP

TA

program w

ill allow the selection of a threshold am

ount from $1 to a

maxim

um of $250, by one-dollar increm

ents.

5. Subsecúlon 8.0.2 (2), O

.Reg. 160/09 m

ade under the Municipal A

ct, 2001 asam

ended, allows m

unicipalit¡es to pass a by-law to exem

pt propert¡es fromcapping and claw

back calculations if the taxes for the property in the previousyear w

ere equal to its uncapped taxes for that year; or if the taxes for theproperty in the previous year w

ere lower than the property's uncapped taxes for

that year, but if capping and clawback provisions w

ere applied, the tax decreasefor the property w

ould be limited, or if the tax decrease for the property in the

previous year was lim

ited but in the current year, the property's taxes would be

equal to is uncapped taxes, or a tax increase for the property would be lim

ited.

6. Subsecfion 329.1(2), M


ended, requires a municipality to

pass a by-law in the year to w

hich the byJaw applíes.

Accordingly, the G

ouncil of The C



this By-law

2014-

78

1.01 ÞC

f!_nj!þ-ns: ln this by-law

:

"act" means the M

unicipal Act, 2001, S

.O. 2001, c. 25., as am

ended.

"annualized tax limit" m

eans the percentage increase, selected by them

unicipality, that is applied to lim¡t a tax increase based on the prev¡ous year's

Annualized T

axes. Beginning in 2005, the m

unìcìpality can select its own

capping limit w

ithin a range of 5o/o - 1oo/o.

"annualized taxes" means taxes, including any supplem

entary taxes orassessm

ent or tax reduct¡ons, calculated as if due and payable for the entire

year, even though the adjustments m

ay have been only for a part of the year.

"Gity", "C

ity of Kaw

artha Lakes" or "Kaw

artha Lakes" means T

heC


awartha Lakes,

"clawed back properties" refers to properties w

hose 2010 CV

A taxes are low

erthan the 2009 A

nnualized Taxes and are therefore subject to a claw

back to fundthe cap on protected properties. T

hese properties have a tax level of greater than1.

"comm

ercial classes" means the com

mercial property class and the property

classes each of which is a property class that a m

un¡cipal¡ty may opt to have

apply under the regulations under the Assessm

ent Act and that contains property

that, if the municipality did not opt to have the property class apply, w

ould be inthe com

mercial property class.

"Gorporate S

ervices Manager - R

evenue and Taxation" m

eans the personw

ithin the administration of the C

ity which fulfills the function of the T

ax Collector

and his or her delegate(s), as required by lhe Municipal A

ct, 2001 or, ¡n the eventof organizational changes, another person desìgnated by C

ouncil

"CV

A T

ax - Moved betw

een lncreaser and Decreaser" refers to the "C

rossC

VA

" Option introduced in 2010 w

hich allows m

unicipalities to exclude from the

capping program those propert¡es that w

ould move from

being capped in the2009 tax year to being claw

ed back in 2010 or from being claw

ed back in 2009 tobeing capped in 2010 as a result of changes to the C

VA

tax caused by the 2010reassessm

ent. W¡th this opt¡on, taxes for these properties are based on C

VA

taxes for the 2010 tax year, despite any changes resulting from the

reassessment

that would otherw

ise prompt the property to change its tax status.

"CV

A T

ax - Previously C

VA

Tax" refers to the "S

tay at CV

A" O

plion introducedin 2010 w

hich allows m

unicipalities to exclude from the capping program

thoseproperties that w

ere taxed based on their CV

A in the 2009 tax year. W

ith thisoption, taxes for these properties continue to be based on theìr C

VA

for the 2010tax year, despite any changes resulting from

the reassessment

that would

otherwise prom

pt the property to be capped.

"CV

A tax threshold for decreasing propert¡es"

indicates the dollar decrease,w

ithin a range of $1 to $250 that a municipality m

ay set for the purpose ofm

oving properties that are subject to a claw back, to current year C

VA

taxes. lfthe difference betw

een the CV

A taxes and A

nnualized Taxes falls w

ithin thethreshold dollar am

ount set by the municipality, the property is taxed at its C

VA

taxes, which are less than the A

nnualized taxes.

79

"GV

A tax threshold for protected properties" indicates the dollar increase,

withìn a range of $1 to $250 that a m

unicipal¡ty may set for the purpose of

moving properties that are subject to capping, to current year C

VA

taxes. lf thedifference betw

een the CV

A taxes and the A

nnualized Taxes falls w

ithin thethreshold dollar am

ount set by the municipaltty, the property is taxed at lts C

VA

taxes and is no longer protected by capping.

"CV

A" m

eans Current V

alue Assessm

ent.

"industrial classes" means the industrial property class prescribed under the

Assessm

enf Acf and the property classes each of w

hìch is a property class thal am

unicipality may opt to have apply under the regulations under the A

ssessmenf

Acf and that contains property that, if the m

unicipality did not opt to have theproperty class apply, w

ould be in the industrial property class.

" m ult¡-residential classes" m

eans the multi-residentìal property class

prescribed under the Assessrnenf A

cf and the property classes each of which is

a property class that a municipality m

ay opt to have apply under the regulationsunder the A

ssessmenf A

cf and that contains property that, if the municipality did

not opt to have the property class apply, would be in the m

ulti-residential propertyclass.

"prior year CV

A tax lim

it" indicates the percentage increase, within a range of

)Yo - 5ok, that a m

unicipality may choose to lim

it a tax increase based on theprevious year's C

VA

taxes.

"protected properties" refers to properties whose 2010 C

VA

taxes are higherthan the 2009 A

nnualized Taxes and are therefore subject to a cap on the

property taxes. These properties have a tax level of less than 1.

80

1.02 lnterpretation Rules:

(a) T

he Schedules attached to this by-law

form part of the byJaw

, and areenforceable as such,

(b) T

he words "¡nclude" and "including" are not to be read as lim

iting them

eaning of a word or term

to the phrases or descr¡ptions that follow.

1 .03 Statutes: R

eferences to laws in this by-law

are meant to refer to the statutes,

as amended from

time to tim

e, that are applicable within the P

rovince of Ontario.

1.04 Severabilitv:

lf a court or tr¡bunal of competent jurisdictìon declares any portion

of this by-law to be illegal or unenforceable, that portion of this bylaw

shall beconsidered to be severed from

the balance of the by-law, w

hich shall cont¡nue tooperate in full force and effect.

2.O1 A

nnualized Tax Lim

it: Annualized T

ax Limit, based on the previous year's

Annualized T

axes is 10.00% for properties w

ithin the comm

ercial, industrial orm

ulti-residential property classes.

2.O2 P

rior Year's C

urrent Value A

ssessment (C

VA

) Limit: T

he prior year's CV

Alim

it is 5% for properties w

ithin the comm

ercial, industr¡al or multi-residential

property classes.

2.O3 C

urrent Value A

ssessment T

ax Threshold for P

rotected Properties: lf a

property within the com

mercial, industrial or m

ulti-residential property is receivingcapping protection and the protection is $250 or less, it w

ill not be receivingcapping protection lot 2O

14.

2.04 Current V

alue Assessm

ent Tax T

hreshold for Decreasinq P

roperties: lf aproperty w

ithin the comm

ercial, industrial or multi-residential property is funding

capping protection in an amount of less than or equal to $250, it w

ill be moved to

CV

A taxes for 2014, and not subject to a claw

back for 2014.

2.O5 C

urrent Value A

ssessment Level T

axes:

a) lf property taxes for a property within the com

merc¡al, industrial or m

ulti-residential property class(es) w

ere based on CV

A taxes in 2013, it w

ill beexcluded from

capping calculations and will be subject to C

VA

taxes lor 2014.

b) lf a property moves from

being capped in the 201 3 tax year to being clawed

back in 2014 orfrom being claw

ed back in 2013to being capped In 2014 as aresult of changes to the C

VA

tax caused by the 2014 reassessment,

theproperty is to be excluded from

capping calculations

3.01 Adm

¡nistrat¡on of the Bv-law

: The C

orporate Services M

anager- Revenue and

Taxation is responsible for the adm

inistration of this by-law.

81

3.02 EfIC

g,!!vC_D

e!q: Th¡s B

y-law shall com

e into force on the day it ¡s passed.

Bylaw

read a first, second and third time, and finally passed, this 8th day of A

pril, 2014.

Ric M

cGee, M

ayorJudy C

urrins, City C

lerk

82

TH

E C

OR

PO

RA

TIO

N O

F T

HE

CIT

Y O

F K

AW

AR

TH

A LA

KE

S

BY

-LAW

2014-

A B

Y-LA

W T

O LIM

IT T

AX

DE

CR

EA

SE

S

ON

CO

MM

ER

CIA

L, IND

US

TR

IAL &

MU

LÏI-R

ES

IDE

NT

IAL P

RO

PE

RT

IES

F

OR

20I4

RE

CIT

ALS

L S

ection 330 of the Municipal A

ct, 2001 provides that the council of a municipality

may pass a by-law

to establish a percentage by which tax decreases are lim

itedlor 2012.

2. T

he Council considers it appropriate to lim

it the tax decreases for comm

ercial,industrial and m

ulti-residential properties th¡s year.

Accordingly, the C

ouncil of The C



this By-law

2014- .

1.O1 D

efinitions: ln this By-law

:

(a) "B

y-law" m

eans this by-law, as it m

ay be amended from

time to tim

e.T

he Recitals to, and the S

chedules attached to this By-law

areconsidered integral parts of it.

(b) "C

ity", "City of K

awartha Lakes" or "K

awartha Lakes" m

eans The

Corporation of the C

ity of Kaw

artha Lakes.

(c) "C

orporate Serv¡ces M

anager - Revenue and T

axation" means the

person within the adm

inistration of the City w

hich fulfills the function of theT

ax Collector and his or her delegate(s), as required by lhe M

unicipal Act,

2001 or, in the event of organizational changes, another persondesignated by C

ouncil.

(d) "C

ouncil" means the m

unicipal council for the C¡ty.

1.02 !n!el!rc!g!i-e¡-E-uþs:

(a) W

herever this By-law

refers to a person or thing with reference to gender

or the gender neutral, the intention is to read the Bylaw

with the gender

applicable to the clrcumstances.

(b) R

eferences to items in the plural include the singular, as applicable.

(c) T

he words "include" and "including" are not to be read as lim

iting thephrases or descr¡ptions that follow

.

1.03 Statutes;

83

References to law

s ¡n this by-law are m

eant to refer to the statutes, as amended

from tim

e to time that are applicable w

ithin the Province of O

ntario.

1.04 Severabilitv:

lf a court or tribunal of competent jurisdiction declares any porlion of this B

ylawto be illegal or unenforceable, that portion of this B

y-law w

ill be considered to besevered from

the balance of the By-law

, which w

ill cont¡nue to operate in fullforce and effect,

-- -- ---- l

2.O1 A

pplication of Bv-law

. This B

y-law applies to all properties

in the affectedproperty classes w

hose taxes for municipal and school purposes for 2013, as

determined pursuant to the M

unicipal Act, 2001, exceed their taxes for m

un¡cipaland school purposes for 2014, as adjusted in accordance w

ith the Provincial

Regulations.

2.02 Com

mercial P

ropertv Glass: T

he property tax decrease percentage retainedby the m

unicipality for all property within the com

mercial class is 0%

of thedecrease, w

hich would otheruise have been applicable under B

y-law 2014-

2 03 !_nC-U

9Íþl_P_t9p9_rty_q!esg:

The property tax decrease percentage retained by

the municipality for all property w

lthin the industrial class 0olo of the decrease,w

hich would otherw

ise have been applicable under By-law

2014-

2.O4

M ulti-R

esidential Propertv C

lass; The property tax decrease percentage

retained by the munÌcipality for all property w

ithin the multi-residential class is 0%

of the decrease, which w

ould otherwise have been applicable under B

y-law2014-

3.01 Adm

inistration of the Bv-law

: The C

orporate Services M

anager - Revenue

and Taxation is responsible for the adm

inistration of this by-law

.

3.02 Effective D

ate: This B

y-law shall com

e into force on the date it is finally passed.

By-law

read a first, second and third time, and finally passed, this 8th day of A

pril, 2013.

Ric M

cGee, M

ayorJudy C

urrins, City C

lerk

84


CouncilReport

Report Number RT 2014-004

Date: April 8,2014Time: 2:00 p.m.Place: Council Chambers

Ward Community ldentifier: All

Subject: 2014 Tax Ratios

Author/Title: Christine Norris Signature:CS Manager, Revenue & TaxationDeputv/Treasurer

Recommendation(s):

RESOLVED THAT Report RT20'1 4-004,2014 Tax Ratios, be received;

THAT lhe 2014 Tax Ratios be adopted as:

Propertv Class Tax RatioMulti-Residential 1.979653Commercial 1.277500lndustrial 1.277500Pipeline 1.967203Farm 0.25Farmland Awaitinq Development 0.55Manaqed Forest 0.25

and

THAT a By-law, substantially in the form attachedRT20'13-006 be fon¡uarded to Council for adoption.

as Appendix A to Report

Department Head:

Gorporate Services Director / Other:

Chief Admi nistrative Officer:85

Report #RT-2014-0042014 Tax Ratios

Page 2 of B

Background:

Section 308 of the Municipal Act, 2001 requires municipalities to pass a by-lawestablishing tax ratios for each taxatìon year. Municipalities have the opportunityevery year to decrease tax ratios, moving the ratios closer to the "range offairness" (Figure 1).

There are two exceptions to this rule:

1) For the farmland awaiting development property class, the municipalityis allowed to ìncrease the ratio by 10 percentage points each year to amaximum ratio of .75 of the residential ratio of 1; and

2) ln a reassessment year, in order to maintain the propedy tax burdenwithin the various property classes, tax ratios may be increased.

There are two ratios that cannot be changed - the residential tax ratio is thebenchmark and is always 1, and the managed forest propefty class is 0.25.

Figure 1: Range of Fairness

Property Class Range of FairnessItimes the residential tax rate)

Commercial 0.6 to '1.'1

lndustrial properties 0.6 to 1 .1

Pipeline properties 0.6 to 0.7

M u lti-residential properties 1.0to 1.'1

Farm 0.01 to 0,25

Each year is now considered a "reassessment" year for the purpose ofestablishing tax ratios, as there are new values introduced each year whetherthrough the phase-in or reassessment process.

The purpose of thìs Staff Repod is to provrde Council with the impact of:

/ Continuing with 2013 tax ratios; or/ lmplementing revenue neutral tax ratios.

Moving the commercial and industrial tax ratios to the same as the residential taxratio of 1 was reviewed in 2013 and was not recommended by staff as thechange would not support the City's strategic initiatrves. Staff will not review thisoption for 20'14.

86

Report #R-f-2014-004

^"Jäi"ii;For the 2014 taxation year, staff is not recommending any change to the tax ratiofor the Farmland Awaiting Development property class as it was increased in2008 to 0.55.

Rationale:One of the impacts of reassessment is that assessment values do not changeequally between property classes resulting in some property classes paying a

larger share of the overall tax burden. However, when there is the phase-in ofassessments between base year reassessments, ihe distribution of assessmentbetween property classes does not result in a significant shift in taxation.

Below are two scenarìos staff has reviewed:/ impacts of using the 2013 tax ratios; and/ revenue neutral rat¡os

Scenario 1 - using 2013 Tax Ratios;Table 1 shows the impact of year two of the 2013 reassessment cycle.

Under this scenario the multi-residentiaì, commercial, and pipeline propertyclasses will see marginal increases rn the total tax burden, while the residentialand industrial property classes will see minimal decreases in the share of taxbu rden.

Table 1 1:

C lass2012

StartingRatio

AssessmentRelated Tax

shiftResidential -31.334

Farm 0.25000 11198

Manaqed Forests 0.25000 142

Residential Class Shift' -19,994 YM u lti-residentia I 1.979653 2.144 ôCommercial Occuoied 1 277500 16,721

Commercial Excess Land 0.89425 -291

Commercial Vacant Land o 89425 1,927

Commercial Class Shift 18,356 ôlndustrial Occupied 1 277500 -655

lndustrial Excess Land 0.830375 149

lndustrial Vacant Land 0 830375 117

lndustrial Class Shift -922 vnes 1 967203 411

IAltcalcr¡lalions alc baseci on the OP I'A calculalcd tax rates l'r'oìD OP-I-A on Match 19,201¿l l2:49 p.n..2 Residentiâ1, Conrntc|cial and Industriaì a|e thc "broacl" classcs aud inclr¡de the olher p|opcrty classes i¡r

thc gloLr¡ring

87

""*iJ,X'.:îi"?::Page 4 of 8

Staff recommends continuing with the same tax ratios as in 2013.

Scenario 2- using Revenue Neutral Tax Ratios:

The second alternative available to Council is to adopt what is termed "revenueneutraì" tax ratios. This means the tax burden of each properiy class for theprevious year, ìs maintained in the current year, by adjusting tax raiios.

f able 2.

C lass 2014 Revenue RatioAssessment

Related Tax ShiftResidential 1 -11,704

Farm 0.25000 't1,549

Manaoed Forests 0.25000 158

Residential Class Shift' 2

Mu lti-res ide ntial 1.976668 -1

Commercial Occupied 1 271781 -1.088

Commercial Ëxcess Land 0.890247 -441

Commercial Vacant Land 0.890247 1,568

Commercial Glass Shift 1

lndustrial Occupied 1.279435 175

lndustrial Excess Land 0.831632 -112

lndustrial Vacant Land 0.831632 -63

lndustrial Class Shift 0

nes 1.961972 0

The disadvantage with going to revenue neutral ratios is Council previouslyapproved having the same tax ratio for the commercial and industrìal propertyclasses. Moving to revenue neutral ratios this year will result in commercial andindustrial property classes having different "occupied" tax ratios.

Other Alternatives Considered:Council may choose to adopt revenue neutral tax ratios or may choose to lowerthe commercial and industrial ratio closer to the residential ratio. As identified inthe 2013 Staff Report moving the commercial and industrial ratios to the same asthe residential ratio would create a shift of almost $1,000,000 io the residentialproperty class. Moving to the revenue ratios in 2014 results in eliminating aminimal shift in taxation from the commercial to the residential property class.

rl{csìdcntiaì, Corn¡ÌcIciaì and Incùrstrial ârc thc "[rroâd" classes and ìncìLrde thc otlrer ¡rIo¡rcÌty classcs iD

thc glouping

88

Report #RT-2014-004t"tJ"i"i"ii;

Financial Considerations:There is no financial impact on the municipality with the adoption of tax ratios.The rmplications are strictly related to the shift in the tax burden of each propedy -

class as a result of the new assessments as a result of the assessment phase-inprocess.

Continuing with 2013 tax ratios ensures the tax ratios used for the businessproperty classes are aitractive for potential investors in the City of KawarthaLakes.

Relationship of Recommendation(s) To Strategic Priorities:The adoption of tax ratios used for the distribution of the City's tax burdenbetween property classes does not directly impact or align with a specificStrategic Priority.

Review of Accessibility lmplications of Any Development orPolicy:Not applicable

Servicing Comments:Not applicable

Consultations:Not applicable

Attachments:Þrìil

2014 A By-law toEstabhsh 2014 Tax Ri

Phone: 705 324 9411 x 1274

E-Mail: c norris@city. kawa rtha la kes.on.ca

Department Head: Mary-Anne Dempster

Department File:

89

THE CORPORATION OF THE CITY OF KAWARTHA LAKES

BY-LAW 2014-

A BY-LAW TO ESTABLISH 2014TAX RATIOSIN THE CITY OF KAWARTHA LAKES

Recitals

1. Subsection 308 (4) and 308.1 (4) o'l lhe Municipal Act, 2001 provides that thecouncil shall pass a by-law in the year to establish the tax ratios for that year.

2, Subsection 308 (6) requ¡res the municipality to pass a by'law adopting tax ratiossubsequent to the sett¡ng of trans¡tion ratios.

3. Ontario Regulation 162109, amending Ontario Regulation 385/98, provides forthe exclusion of propert¡es in a property class in the calculation of tax ratios.

4. The tax ratios determine the relative amount of taxation to be borne by eachproperty class.

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enactsthis By-law 2014-

1.01 Definit¡ons: ln this by-law:

"City", City of Kawartha Lakes" or "Kawartha Lakes" means The Corporationof the City of Kawartha Lakes.

"commercial classes" means the commercial property class and the propertyclasses each of which is a property class that a municipality may opt to haveapply under the regulations under the Assessmenú Acf and that contains propertythat, if the municipality did not opt to have the property class apply, would be inlhe commercial property class.

"Council" means the municipal council for the City.

"industrial classes" means the industrial property class prescribed under theAssessmenf Acf and the property classes each of which is a property class that amunicipality may opt lo have apply under the regulations under the,AssessmenfAcf and that contains property that, if the municipaltty did not opt to have lheproperty class apply, would be in the industrial property class.

"Corporate Services Manager - Revenue and Taxation" means the personwithin the administration of the City which fulfills the function of the Tax Collectorand his or her delegate(s), as required by lhe Municipal Act, 2001 or, ¡n the eventof organizational changes, another person designated by Council.

1.o2 !-n!c¡p¡e!g!!s¡-Bgþg:90

The Schedules attached to this by-law form part of the by-law, and areenforceable as such.

(b) The words "include" and "including" are not to be read as llmiting themeaning of a word or term to the phrases or descr¡ptions that follow.

1.03 Statutes: References to laws in this by-law are meant to refer to the statutes, asamended from time to t¡me that are applicable within the Province of Ontario.

1.O4 Severabilitv: lf a court or tribunal of competent jurisdiction declares any portionof this by-law to be illegal or unenforceable, that portion of this by-law shall beconsidered to be severed from the balance of the by-law, which shall contìnue tooperate in full force and effect.

@ _l

2.01 Transition Ratios: On April 16, 2009 Ontario Regulation 162109 was madesetting out the method of setting transit¡on ratios.

2.O2 Tax Ratios: The Tax Ratios for the taxation year 2014 shall be as follows:

Propertv Glass Tax Ratio

Resident¡al and Farm 1.OOO000

Farmland 0.250000Manaoed Forest 0.250000Multi Residential 1.979653Commercial Occupied 1.277500Commercial Excess Land 1.277500Commercial Vacant Land 1 277 500lndustrial Occupied 1.277500lndustrial Excess Land 1.277500lndustr¡al Vacant Units 1277500Pipelines 1.967203

2.03 Optional Propertv Classes: For the purpose of this Bylaw:

a) the commercial property class includes parking lot property, major officebuildings, commercial (new construction) and shopping centres; and

b) the industrial property class includes large industrial properties andindustrial (new construction).

3.01 Effective Date: This By-law shall come into force on April 8th, 2014.

(a)

91

3.02 Admin¡stration of the Bvlaw: The Corporate Services Manager - Revenueand Taxation is responsible for the administration of this by-law.

By-law read a first, second and third t¡me, and finally passed, this 8th day of April, 2014

R¡c Mccee, Mayor Judy Currins, City Clerk

92

The Corporation of the Gity of Kawartha Lakes

Council Report

Report Number RT 2014-005


Ward Community ldentifier: ALL

Subject: 2014 Low lncome Seniors and Disabled Persons Program

Author/Title: Christine NorrisCS Manager, RevenueDeputy Treasurer

Signature:& Taxation

Recommendation(s):

RESOLVED THAT Report RT20'14-005, 2014 Low lncome Seniors and DisabledPersons Program, be received;

THAT for qualifying Low lncome Seniors 65 years of age and older, and for Lowlncome Disabled Persons the 2013 rebate be established at $175 including acomponent for unduly burdensome pursuant to section 365; and

THAT for qualifying property owners in the age bracket 55 - 64 years of age:. the combined taxable income, with their spouse (if applicable), as reported

on Line 260 (Taxable lncome) of the previous year's lncome Tax Notice ofAssessment was less or equal to $26,400;

. rebates will include budgetary and assessment related increases to amaximum of $175; and the minimum rebate will be $25;

THAT a By-law, substantially in the form attached as Appendix A to ReportRT2014-005 be forwarded to Council for adoption.

Department Head:


Chief Administrative Officer: 93

2ol4Lowrncomeseniors"".t'.rfi :5"4friti8J"tåtiPage 2 of I

Background:

fhe Municipal Act, 2001 (the 'Acf'), section 319 requires a municipality to have aprogram to provide relief from financial hardship as a result of assessmentrelated increases for low income seniors or disabled persons.

Section 365 of the Acl allows Council to cancel, reduce or refund taxes, when anapplication is made, and the taxes have been defined by Council as "undulyburdensome". Cancellation, reductions, or refunds of taxes under this section ofthe Acf, requires a by-law be passed on an annual basis.

The purpose of thìs Staff Report is to:. advise Council of the status of applications received in 2013;. establish the combined annual income for 2014 applications for those

aged 55 -64; and. recommend a by-law related to section 365, unduly burdensome taxes for

lhe 2014 taxation year be adopted by Council.

Rationale:

Seniors Aged 55 - 64ln 2009 the City ìncorporated a provision for low income seniors in the agebracket of 55 - 64 to apply for the cancellation of assessment related increasesbased upon the combined taxable income, with their spouse, as reported on Line260 (Taxable lncome). Below is a table of taxable income limits by year.

Year Line 260(Taxable lncome)

2009 $25,0002010 $25,0002011 $25,0002012 $25,7002013 $26,165

Council approved an automatíc increase in this amount beginning ìn 2013 basedupon the ìncrease to CPP payments. For 2014 the increase was 0.9% resultingin the combined income rncreasing to $26,400.

The City received a total of 41 applications for property owners ¡n this group, ofwhich 32 property owners qualif¡ed for a rebate of the increase in the propertytaxes totaìing $1,509.16, including the education component.

Staff recommends:1. Council continue with the provision for unduly burdensome taxes

(Section 365 of the Act);

94

2014 Low rncome seniors "". t'""ff5"#åiY3J"tåt;Page 3 of I

2. For property owners qualifying for the Low lncome Seniors Program(aged 55 - 64) the total amount of the tax rebate will be equal to theincrease in property taxes between 2O13 and 2014.

3, That the component of the increase in property taxes not related toassessment increases be termed as unduly burdensome and rebatedunder the provision of section 365 of the Municipal Act, 2001'

Seniors (aqed 65 and older) and Disabled Persons

Council currentìy provìdes a rebate of $175 to qualìfying low ìncome seniors anddisabled persons where they have experienced an increase in their propertytaxes over the previous year. The current amount of the rebate ìs $'175 and isbased upon the requirement under Section 3'19 of the Acf only to provide forrelief related to assessment related increases and the balance of the $175 ispursuant to Section 365 of the Municipal Act, 2001 .

The City received a total of 345 applications for property owners in this group, ofwhich 332 property owners qualified for a rebate in the amount of $'175 for a totalof $57,925, including ihe education componeni.

Staff recommends:4. Council continue with the provision for unduly burdensome taxes

(Section 365 of the Act);5. The amount of the total combined rebate for assessment related

increases and unduly burdensome taxes be $175.


The current program ìs based upon receipt of the Guaranteed lncomeSupplement or a disability pension received through the Government of Canadaor Province of Ontario. We have received a couple of requests from propertyowners in receipt of WSIB benefits but not a pension or benefits from theProvince or Federal Government. Staff has dìscussed this with othermunicipalities and our criteria are consistent with others. However, Council mayrecommend includìng a recipient of WSIB benefits to be included in the program.

Council may also choose to:. eliminate the program for low income seniors aged 55 - 64;. change the cancellation program to a deferral program. change the maximum amount of the tax reduction to the amount of the

assessment related increase only which is a mandatory requirement underIhe Municipal Act, 2001 for low income seniors and disabled persons.

. For applicants in the aged 55 - 64 program, ìncrease the threshold to anamount higher than the $26,400 lor 2014 wìth an annual increaseequivalent to CPP rate increase thereafter.

95

2014 Low rncome seniors and ".rñ:5"#1"5J"'31"tåtiPage 4 of 9

. Counciì may choose to increase the maximum rebate from $'175 toanother amount for all program categories.


The City of Kawartha Lakes is required to have a tax relief program to addressassessment related property tax increases to low income senìors and disabledpersons. While the program may be a deferral program instead of a rebateprogram, staff determined a deferral is not was not widely accepted by propertyowners as there were less than five applications received prior to the change to arebate program.

The tabìe below provides an overvlew of the cost of providing the 2013 taxrebates and the amount shared wiih the school boards.

ApplicationTypeODSP65 or older55-64Total

Totallncrease1,053.596,686.34

985.46

AssessmentRelated Unduly Totallncrease Burdensome Refund Municipal Education

(160.25) 7,906.22 8,925.00 7,032.50 1,892.50(1 ,935.06) 42,662.91 49,000.00 38,609.91 10,390.09

320.O1167.19 902.79 1,509.16 1,189.15

8,725.39 ('t,928.121 51,471.92 59,434.16 46,831.57 12,602.59

Staff ìs recommending the same criteria for 2014 that was used in 2013, notingthe increase in the total combined income for the group aged 55 - 64 ìs

increased to $26,400 in accordance with Council's 2012 resolution.

The cost of the program is shared with the school board based upon the sameproportion as the tax levy.


The Low lncome Seniors and Dlsabled Person Tax Rebate Program does notdirectly ìmpact or align with a specific Strategic Priority.

Review of Accessibility lmplications of Any Development orPolicy:

Not applicable

96

20 1 4 Low r ncom e s e n i o rs " ", ", " "

fr :5"#ååti|i"tåtiPage 5 of I

Servicing Comments:

Not applicable

Consultations:

Not applicable

ft 2014 Low lncome Seniors and Disabled Persons By-lawAttachments:Appendix A - Dra

Eìl:l2014- Low Inconæand Senior Tax Rebal

Phone: 7053249411 x1274

E-Mail: cnorris@city. kawa rthalakes.on.ca


Department File:

97


BY-LAW NUMBER 20I4.

BEING A BY-LAW TO PROVIDE TAX RELIEF TO CERTAIN CITY OF KAWARTHALAKES PROPERTY OWNERS WHO ARE LOW INCOME ELDERLY PERSONS,LOW INCOME PERSONS BETWEEN THE AGES OF 55 AND 64, LOW INCOME

DISABLED PERSONS OR ONTARIO DISABILITY SUPPORT PROGRAMRECIPIENTS FOR THE YEAR 2014.

Recitals

1. Section 319 of lhe Municipal Act, 2001 , S.O. 2001 , c.25, provides that forpurposes of relieving financial hardship, a municipality may pass a by-lawproviding for deferrals or cancellation of, or other relief in respect of all orpart of a tax increase for 1998 and subsequent years on property in theresidential property class for persons assessed as owners who are, orwhose spouses are, (a) low-income seniors as defined in the by-law; or(b) low-income persons with disabilities as defined in the byJaw.

Section 365 o'f lhe Municipal Act, 2OO1 , S.O. 2001 , c.25, provides that thecouncil of a local municipality may, in any year, pass a by-law to providefor the cancellation, reduction or refund of taxes lev¡ed for local municipaland school purposes in the year by the council in respect of an eligibleproperty of any person who makes an application in that year to themunicipality for that relief whose taxes are considered by the council to beunduly burdensome, as defined in the by-law.

THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OFKAWARTHA LAKES HEREBY ENACTS THIS BY.LAW 2OI4- ,

1.01 Definitions: ln this by-law,

"Assessment Related Property Tax lncrease" is the increase in propertytaxes attributed dìrectly to an increase in the assessed value of theeligible property

"City" means the Corporation of the City of Kawartha Lakes.

"Corporate Services Manager, Revenue and Taxalion" means the personwithin the administration of the City which fulfills the function of the TaxCollector or his or her delegate(s), as required by lhe Municipal Act, 2001or, in the event of organizational changes, another person designated byCouncì1.

"Low-income Senior" means:

(a)

(b)

(c)

(d)

98

(e)

i) a person who atta¡ned the age of 65 years as of December 31st ofthe prev¡ous year and is in receipt of benefits paid under theGuaranteed lncome Supplement (GlS) program, as establishedunder lhe Old Age Security Act (Canada);

ii) a person aged 55 to 64 years of age as of December 31st oftheprev¡ous year whose combined taxable income, with their spouse(if applicable), as reported on Line 260 of the 2012 lncome TaxNotice of Assessment, is less than $26,400.

"Low-income person w¡th disabilities" means a person who is in receipt ofbenefits paid underthe Ontario Disability Supporl Program Acf, 1997; or adisability amount paid under the Family Benefits Act (Ontario); or aCanada Pension Plan Disabìlities Pension, and be eligible to claim adisability amount as defined under the lncome Tax Act (Canada).

"eligible person" means a "low-income senior" or a "low-income personwith disabilities" or the spouse of such el¡gible person whose name alsoappears as a registered owner of the property.

"eligible property" means residential property located in the City ofKawartha Lakes that rs utilized as a principle residence and must besolely owned (with their spouse, if applicable) and occupied by the eligibleperson(s) as of January 1st of the year for which a tax credit is beingapplied.

"Owner" means a person assessed as the owner of residential realproperty, and includes an owner within the meaning of the CondominiumAct.

"tax increase" means the difference between current year tax onassessment and the previous year tax on assessment - excluding taxincreases resulting from an assessment increase from new constructionand/or improvements to a property.

"eligible amount" means for

(i) Low lncome Senior as defined in section 1.01 (c) (i) and Lowincome person with disabilities, a combined amount totaling $175that first addresses the assessment related increase for theeligible property, and if the assessment related increase is lessthan $175, the balance of the $175 is related to taxes consideredto be unduly burdensome.

(ii) Low lncome Senior aged from 55 to 64 the amount of the propertytax increase assessment related property tax increase to amaximum of $175 per year, with a m¡nimum rebate of $25, if thereis an increase in property taxes from the previous year.

The tax relief applies only to increases in tax based upon assessmentvalues and does not apply to any additional charges that may be leviedagainst the property, including but not restricted to local improvement

(f)

(s)

(h)

(¡)

ü)

(k)

99

charges, or any other miscellaneous types of charges added to the TaxRoll for collection purposes.

(l) The tax relief amount shall be prorated from the date of ownership toDecember 31st, if the applicant subsequenl to January 1st of the year forwhich the relief is sought purchases the property.

1.O2 lnterÞretation Rules:

(a) The Schedules attached to this by-law form part of the by-law, and areenforceable as such.

(b) The words "include" and "including" are not to be read as limiting the mean¡ngof a word or term to the phrases or descript¡ons that follow.

1.03 Statutes: References to laws in this by-law are meant to refer to the statutes, asamended from time to time that are applicable within the Province of Ontario.

1.O4 9gyqgÞjIly: lf a court or tribunal of competent jurisdiction declares any portionof this by-law to be illegal or unenforceable, that portion of this bylaw shall beconsidered to be severed from the balance of the by-law, which shall continue tooperate in full force and effect.

2.O1 Tax relief granted pursuant to this by-law shall be in the form of an outrightcancellation of the annual eligible amount, provided that:

(a) the Owner, or the spouse of such Owner, or both, occupies or occupy theproperty in respect of which real property taxes are imposed, as his, her ortheir principle residence;

(b) the Owner, or the spouse of such Owner, or both, have been or has been theassessed owner of the residential real property in the City on or before Maylst of the year for which they are applying for the credit

2.O2. No tax relief granted pursuant to this by-law shall be allowed to an Owner inrespect of more than one (1) single family dwelling unit in any year and theresidence must be solely classified in lhe Resident¡al tax classification.

2.O3. Tax relief shall be granted, pursuant to this by-law, to only one eligible person perhousehold.

2.04 Applications for the property tax rebate must be in writing on a form prepared bythe City for this purpose and must be submitted to the City of Kawartha Lakes onor before June 30 of the year for which the properly tax rebate is sought.

2.O5 The application must be submitted to:

Corporate Services Manager,Revenue & Taxation

100

P.O. Box 69626 Francis St.Lindsay ON KgV 4Wg

2,05. Applications must include documentation in support¡ng the applicant is an elig¡bleperson and that the property with respect to which the application is made is aneligible property.

2.06. The deadline for receiving applications is June 30 of each taxat¡on year.

2.07. Successful applications will result in a credit applied to the eligible property taxaccount to be deducted from the final tax installment for the year.

2.08. Credìts will not be refunded but will be applied to future tax installments unlessthe balance on the account is a credit in excess of $50,

3.01 Administration of the BvJaw: The Corporate Services Manager, Revenue andTaxation is responsible for the administration of this by-law.

3.O2 Effective Date: This By-law shall come ¡nto force on the date it is finally passed.

By-law read a first, second and third time, and finally passed, this 81h day of April, 2014.

Mayor Clerk

101


Council Report

Report Number SOG2OI4-003



Subject: Poverty Reduction Strategy - Transportation Action PIan

Author/Title: Rod S rland, Acting Director, Health and Social Services

Signature:

Recommendation(s):

RESOLVED THAT Report SOC2014-003, Poverty Reduction Strategy -Transportation Action Plan, be received; and

THAT the Transportation Action Plan Recommendations be received andendorsed.

rtment Head:


Ch ief Adm i nistrative Officer:

102

Report SOC2014-003Poverty Reduction Strategy - Transportation Action Plan

Page 2 of 4

Background:

On Octobet 23,2012 Council endorsed the creation of a commun¡ty-basedPoverty Reduction Strategy committee to co-ordinate the development of specifictheme-based recommendations. The Poverty Reduction Strategy SteeringCommittee has been work¡ng on individual reports, with this TransportationAction Plan being the second to be completed and presented to City Council.The Poverty Reduction Strategy is a shared project with the County ofHaliburton.

Members of the Steering Committee are:o Penny Barton Dyke, United Way for City of Kawartha Lakes. Bill Davis, County of Haliburton Councilo Zita Devan, Access to Permanent Housing Committee. Doug Elmslie, City of Kawartha Lakes Councilo Anne Kuipers, City of Kawartha Lakes Social Services. Lisa Loader, Community Legal Clinic. Laura Maw, John Howard Society of Kawartha Lakes and Haliburton. Mary Lou Mills, Haliburton Kawartha Pine Ridge District Health Unito Mike Perry, City of Kawartha Lakes Family Health Team. Gena Robeftson, SIRCH Community Serviceso Rod Sutherland, City of Kawartha Lakes Social Services

A presentation of this Transportation Action Plan was made by Mike Perry at theMarch 27,2014 Special Council meeting.

Rationale:

The Steering Committee has been co-ordinating the development of specificimplementation plans for a number of areas impacted by and impacting povertyThis Transportation Action Plan was developed to provide recommendations tosupport poverty reduction in the City and County.

Council's endorsement of the Action Plan is requested by the SteeringCommittee with the individual recommendations to be considered by Council andCity staff.

Other Alternatives Considered :

This Action Plan was developed considering all options and includes a range ofrecommendations.

103


Page 3 of4

Fi nancial Considerat¡ons:

Endorsing the Transportation Action Plan itself has no financial implications.There may be financial impacts to individual recommendations in the report thatwill need to be considered when they are presented or considered forimplementation.

Relationship of Recommendat¡on(s) To Strategic Priorities:

The Poverty Reduction Strategy aligns with Creating Connections through thebroader enhancement of relationships in the community resulting from lowerincidence of poverty.


There are broad accessibility implications for poverty reduction overall. Thesecontinue to be considered as part of this strategy.

Gonsultations:

Community agencies and service providers2012 Poverty Reduction Strategy surveys and consultations

Attachments:

Attachment A: Transportation Action Plan

Transportation PRS

Action Plan March 20

Attachment B: Background and Resources

E;ì-P-

El-..È.

Transportation PRS

Background March 20

104


Page 4 of 4

Phone: 705-324-9870 ext 3206

E-Ma i I : rsutherland@c ity. kawa rthalakes.on.ca

Department Head: Rod Sutherland

Department File: Poverty Reduction Strategy

105

{o

Poverty Reduction Strategy for the

City of Kawartha Lakes and County of Haliburton:

Transportation Action Plan

March 2Ol4

Catdr tlre l(aurartlru spirit

h*A ofHafihu*n

106

The |une 30,2012 Poverty Reduction Strategy report for the City and County presented

background information and a description of local needs. Based on this report and

recognizing the cost of poverly is serious and rising City and County Councils

requested the development of a Poverty Reduction Strategy.

The Poverty Reduction Strategy was developed by the Poverty Reduction Strategy

Steering Committee. AII action plans are based on findings from extensive community

consultations, local research and an assessment of literature on best practices for

reducing poverty.

Transportation Action Plan

A lack of affordable, reliable, public transportation and access to other transportation

options is directly linked to poverty.l The limited access to services and the social

exclusion that results from a lack of transportation prevents people from attaining their

desired social and economic potential. 2 It impacts individuals' employability ancl

ability to get to childcare centres, recreation activities, shopping and health and social

services and programs.

The ability of all residents to access essential services and to participate in economic and

social life is dependent on the availability and quality of local transportation services

and options. Reliable and affordable transportatiorù including public transportation,

enhances the livelihood, economic stability and quality of life of all residents. The

ability to participate and be actively engaged in activities are key elements of healthy

and inclusive communities, making transportation an absolutely vital component.

Transportation is consistently identified as one of the highest priorities for action to

reduce poverty in communities across the province. A lack of transportation -particularly in rural areas - limits individuals' quality of life and comnrunity economic

development.

County. (Cobourg, 2009) p. 28.

2

Transportation alone will not eliminate povettytbut poverty carìnot be reduced without

transportation.

107

Transportation is a crucial issue for the residents of the City of Kawartha Lakes and

Haliburton County, especially considering its immense geographic area: a total of.7,I54

km2. The expansive rural area provides additional challenges, further impacting

affected sectors, including:

HousingEmploymentEducationWorkforce DevelopmentSeniorsChildcareYouthHealth Care

During local community consultations for the development of the Poverty Reduction

Strategy, transportation was identified as directly impacting every cause and effect of

poverty.

The County of Haliburton and City of Kawartha Lakes have both incorporated

transportation requirements in their Official Plans, including reference to alternative

methods of transportation which have significant opportunities to support poverty

reduction. The City's Lrtegrated Comrnunity Sustainability Plan continues building on

the need for transportation and transit systems in relation to economic development,

active communities, accessibility and social well-being.

The responsibility for most of the reconunendations lies with the City and County as

they will determine the extent of action and in most cases co-ordinate action. The

specific deparhents or individuals that may participate will need to be identified

through appropriate processes. The shared responsibility of individuals, community

agencies and other levels of government in poverty reduction was a common theme

through the development of the initial strategy report and this Action Plan and their

contributions and support for all initiatives will be equally vital to the success of this

plan.

These recommenda ns are presented to the Councils of the City of Kawartha Lakes

and the County of n as part of the overall Poverly Reduction Strategy.

3

108

Primary roleor responsibility

CorununityMunicipal Provincial Federal

Transportation Action PlanRecommendations

o o o o1. Lobby the provincial and federal governments for cheapergas and/or gas subsidies, credits and/or rebates.

o a o2. Lobby the government of Ontario to take a more active role

in transportation and view ridership per capita not strictformulae of absolute ridership.

o o3. Develop specific, short term transportation support/

subsidy programs for low income earners preparing toreturn to work or for other specific purposes.

a o4. Expand discounts for Lindsay bus passes and rural "dial-a-ride" transit to low-income earners.

o5. Draft transportation strategies for the City of Kawartha

Lakes, building on the recommendations of the OfficialPlan and Integrated Community Sustainability Plan (ICSP).

oo6. Develop a rural transportation system for the County of

Haliburton" considering the Northumberland model and apossible Municipal Transit Authority

o7. Create and coordinate a central, easily accessible carshare/ car pool program.

o

8. Create and coordinate a central contact point throughwhich residents can learn about and book transportation(e.g. central "ride board" of individuals, organizations,municipality offering rides).

oo

9. Increase transportation support offered by the City, theCounty and its lower tier municipalities, social servicesagencies and community oryanzations to access theirprograms and services.

o10. Encourage grocery stores, pharmacies, food banks, etc. to

provide no/minimal cost delivery services and/ orcustomer transportation

oa11. Designate "public seats" on school buses replicating

successful programs in other communities such as theMunicipality of Orangeville.

oo12. Invest in efforts to educate residents about alternatives tothe "car culfure" at the community level.

ooL3. Invest, through programs and policy, in active

transportation infrastructure such as bike and pedestrianpaths, bike s, paved shoulders, signage, walkways andbenches.

4

109

'to

Poverty Reduction Strategy for the

City of Kawartha Lakes and County of Haliburton

Transportation Action Plan:

Background and Resources

March 2014

Catch rire lGru¿n[¿ $úrit

Coun$ ofHafiúnrton

110

I.

A lack of affordable, reliable, public transportation and access to other transportationoptions is directly linked to poverty.l Affordable transportation is both a stand-aloneand cross-cutting issue that impacts all actions to reduce poverty in our area.

The availability of transportation - particularly in rural areas - impacts individuals'quality of life and a community's economic development. It affects all aspects of dailylife, especially access to the necessities, supports and services needed by peoplecurrently experiencing poverty.2 Lack of affordable transportation is a well-recognizedcause of poverty as poverty results from circumstances that prevent people fromattaining their economic and social potential through lack of access to importantservices and full community engagement.e It impacts individuals' employability and

ability to access to childcare, food, and health and social services and programs.

The issue of transportation arose as a primary concern in the City of Kawartha Lakes

and the County of Haliburton during the focus groups, public consultations andcommunity surveys conducted to produce this poverty reduction strategy.Transportation was identified consistentþ in the context of being able to get to medicalappointments or other health and social services, attending training and post-secondaryeducation opportunities, looking for employment, accessing the internet for jobopportunities, getting to work, shopping for the best price at grocery stores, takingchildren to childcare and afterschool programs and participating in the social andrecreation activities of commumty life.

In rural communities, unique requirements for transportation - including travelingfurther distances for essential services, obtaining wood for heating one's home, gettingto the local landfill where garbage collection is not provided, or moving to less

1 Northunrberland Poverty Reduction Action Com-nrittee. Møking a Difference to Poaerty in NorthumfuiløndCounty. (Cobourg 2009) p. M.2 Northumberland Poaerty Reductiqn Action Committee. Making ø Difference to Potterty in NorthumbnlandCounty. (Cobourg, 2009) p. 28.3 A Compendium of Pøerty Reduction Strategies sndFrumsworks ffamarak: Kitchener, 2009) at7-

2

For the most pørt, public transportation is not an option [in rurøl communities]and tlut represents ø serious problem for seniors, disøbled andlont-inconrc. , .citizens.

-Føirburn Report

111

expensive or better maintained housing - create additional challenges and make access

to transportation especially vital to reducing poverty.

For most rural Canadians, "getting afound" me¿ìns owning or having access to at leastone vehicle. This expensive proposition is even more costþ in rural Canada because

travel costs - increased mileage, greater fuel prices, and more frequent repairs - tend tobe higher than in urban areas.4

\¡Vhile the cost of life's necessities has steadily increased, governments have notincreased the minimum wage, income support programs or targeted subsidiessufficientþ to keep pace with the costs of transportation.s Families on social assistance

in the City of Kawartha Lakes and County of Haliburton spend at least 60% of theirincome on non-subsidized housing and utilities which leaves little money for otherbasics, including transportation. Some local individuals and families with children whohave fixed incomes or work minimum-wage jobs have no money to covertransportation costs associated with car ownership such as monthly car payments,insurance, gas and maintenance.6

Access to reliable, affordable public transportation - and alternative means oftransportation - is key to reducing the cost of living. At the community consultations,when asked how to address the high cost of living, residents of both the County ofHaliburton and the City of Kawartha Lakes stated that immediate relief was needed inthe area of transportation including public transportation, subsidned transportationand gas, and assistance with auto insurance and repair costs.-7

Based on extensive community consultations,local research, and a review of theliterature on access to affordable transportation and best practices for reducing poverty,the following recommendations have been identified to address transportation needs inour community:

a J. Fairbairn and L. Gustafson. Llnderstønding Freefall: The Challarye of the Rural Poor. (Senate of Canada:

Ottawa,2008) p. xv.5 Ottawa's Poverty Reduction Strategy. Poverty Affects Us All: A Community Approøch to Poaerty R ction

(City of Ottawa, 2009) p. 16.ó See: Halibu¡ton-Kawartha-Pine Ridge District Health Untt. Child Pouerty: A Problem roe Cannot ril.(HKPR Health UniÍ Port Hope, 2008) p. 6,.t

J. Fairbairn and L. Gustafs on. (Jnderstanding Freefatl: The Challenge of the Rural Poor. (Senate of Canada:

Ottawa,2008) p. 126.

3

Expenditures for houseltold trønsportation increase by up to more thnn 22% inrural areas'

-Air pollution CoøIition of ontario, 2006

112

II. The Importance of in Our Communitv

The ability of all residents to access services and to participate in economic and social

life is dependent on the availabitity and quality of local transportation services andoptions. Access to reliable, affordable and alternative means of transportation,including public transportation, enhances the livelihood, economic stability and qualityof life of all residents. The ability to participate and be actively engaged in activities are

key elements of healthy and inclusive communities, making transportation anabsolutely vital component.

Transportation is a crucial issue for the residents of the City of Kawartha Lakes and theCounty of Haliburton, especially considering the immense geographic area: a total of7,154krtú.

Not everyone can - or should - live in urban centres. M*y individuals seek rural life.Accessible transportation is essential to maintain and build communities. For those

with financial means, transportation barriers are more readily overcome mostþ throughreliable private transportation, however, residents with limited incomes or who are

experiencing poverty are more likely to have restricted access to or use oftransportation, further limiting their ability to participate in their community.

Accessible, affordable transportation is more obvious in urban areas. Urban residentscan more readily take the bus, a streetcar or the subway to get where they need to go.

In many cases, they can walk or bike to their destinations. In most rural communities,however, these options can be more difficult or even not viable.s

s J. Fatubaùn and L. Gustafson. lJnilerstanding Freefall: Thc Challmge of the Rurøl Poor. (Senate of Canadar

Otbawa,2008) p. 126.

4

"If one does not get around, then one is not normnl in rurnl nreas. Otrc does not

haoe a normøl life. It is essential to be able to get around for accessing øll tlænormal things in life."

- Antlnny Fuller, Uniaersi$ of Guelph, 2008

The expenditures for trønsportation rzete estimated to increøse by up to ølmost

25% in rural areas less than L0 years ago.

- Air Pollution CoøIition of Ontario (2006)

113

Most residents of the City of Kawartha Lakes and the County of Haliburton usepersonal vehicles as their primary mode of transportation. Flowever, it is often difficultfor individuals with low-incomes to afford the expense of a vehicle.

Employmcnt, E ducøtion and Workfor ce D eaelopment

Residents and service providers in the City of Kawartha Lakes and the County ofHaliburton identified transportation as a significant barrier to employment, accessingsocial services, and community engagement in our area.e Transportation is key to localworkforce development. A lack of access to affordable, reliable transportation is abarrier to employmen! retraining, and skills transfer programs.ro Throughout thecommunity consultation process, increased access to transportation was identified firstand foremost by residents including those identifying as living in poverty as needed tocombat barriers to employment:1l

In addition, respondents from both the City of Kawartha Lakes and the County ofHaliburton cited transportation - specifically public bus transportation - as animportant means of increasing the number of people with year-round employment.They also identified reliable, accessible and affordable transportation as key to accessing

social proglams such as Ontario Works, the food bank ancl Children's Aid. Serviceproviders not only identified transportation as a barrier to employment, accessing socialservices and community engagemenÇ they repeatedly noted the lack of transportationas a potential obstacle to the idea of a'one stop' model of social services delivery whichhas been raised many times as a means of addressing poverty in this area.

Heølth Implicøtions

In terms of its impact on health, a national survey conductecl by the Chfdren's HealthFund concluded that lack of transportation is the main obstacle that prevents childrenof lower income families from attending regular and follow-up health appointments.l2

e Preliminary Report: Poverty Reduction Strategy for the City of Kawartha Lakes and County of Haliburton.(Kawartha Lakes, 2012) p. 33.I0 No.thu-b"rland Poverty Reduction Action Committee. Making a Dffirence to Poverly in NorthumberlandCounty. (Cobourg, 2009) p. 2.rr Preliminary Report: Poverty Reduction Shategy for the City of Kawartha Lakes and County of Haliburton.(Kawartha Lakes, 2012) p. 18.12 Children's Health Fund, Th¿ HealthTrønsportation Shortøge Index: A Neu Tool to ldmtify Underserced

5

INhen øsked u¡Lnt utouldlælp them most in looking for ø job, locøl trønsportationtied as tlæ number one anszL,erby residcnts of both t)rc City of Kazuartha I-akes andthe County of Haliburton'

-preriminary Report, 2013

114

Locally, in a recent study in the County of Haliburtory approximately 20% ofrespondents reported that transportation issues prevent them from accessing healthservices.13

In addition, people's access to abundan! nutritious food choices - and their ability toprice shop - is limited or uncertain because transportation is lacking. This realityimpacts individuals' health and well-being including the prevention of health problems,their ability to recover from illness or the ability to manage chronic diseases.

Child Cøre

In terms of child care, almost 50% of respondents to a survey undertaken for thispoverty reduction strategy indicated that affordable transportation was necessary toaccess child care.

Seniors

A lack of transportation has a deep impact on the quality of life for seniors. Living inthe country requires the use of a car as the primary means of mobility. Transportationwas listed as a major issue for seniors in Haliburton, for example, who cited theirinability or reluctance to drive and felt that their independence is endangered by thelack of transportation options in Haliburton.la Seniors refer to their car as a symbol oftheir independence.ls

"The health of rural seniors is also linked to transportation so they can get to the localdoctor's office or travel to major centres for specialized health services."16 Reportsindicate that travelling for health care, for example, is disproportionately detrimental toseniors - especially seniors living alone - as many are on fixed incomes so may skip

Communities (New Yorþ 2012).13 S. Loucks. RurøITrønsportøtion Options and Policies Concepts for Haliburton County. (Flaliburton: RuralTransportation Options Committee, Environment Haliburton, 2010).1a S. Loucks. Rurøl Trønsportation Options ønd Policies Concepts for Høliburtqn County. (Flaliburton: RuralTransportation Options Committee, Environment Haliburton, 2010) p. 5.1s Ottawa's Poverty Reduction Strategy. Pooerty Affects Us All: A C-ommunity Apryøch to Poaerty Reiluctian

(City of Ottawa, 2009)p.12.16 B. Hunt and A. Fletcher. Age Friendly Haliburton County (2010) in S. Loucks. Rurøl Transportøtion Optionsqnil Policies Concepts for Haliburton C-ounty. (Haliburton: Rural Transportation tions Committee,Environment Haliburton, 2010) p. 9.

6

INlrcn asked wlut couldbe done to ensure suitable child cøre, 46% of all locnl

respondents identifed trønsportøtion.-Preliminøry Repor t, 20L3

115

appointments, tests and treatments due to the cumulative costs of repeated travel.l7Also, seniors who need to pay for travel - a trip from Fenelon Falls to Lindsay costs

approximately $25 each time even through Community Care - may be restricted fromcommunity events and family interactions thereby being exceptionally prone to thephysical and mental health detriments of social isolation.

Youth

A lack of transportation also limits youth activities. This limitation has been rankedhighly as a major issue in other communities.ls Locally, providing transportation has

been identified in community consultations as an immediate means of makingrecreation more accessible and affordable.le Respondents to the survey for this povertyreduction strategy in both the City of Kawartha Lakes and the County of Haliburtonnoted that affordable transportation was required for their children to participate insports and recreation activities.2o

Given the rural nature of both the County of Haliburton and the City of KawarthaLakes, transportation that is both affordable and accessible is a basic necessity. Withoutadequate transportatiory young people may have difficuþ accessing post- secondaryeducation opportunities, careers become less obtainable, and quality of ltfe can be

downgraded.2l

III. Transportation Facts in the City of Kawartha Lakes and the County ofHaliburton

Public transportation in rural Ontario is very rare. Essentially, it does not exist.z Thetwo main issues tend to be: 1. the affordability of rural, public transportation systems;

and 2. developing alternative, creative options for transportation.æ

"t7 See, ê.g., Nationat Advisory Council on Aging, " Agngin Rural Communities and Small Towns", (1993)

Expression 9(1).18 Report from the Northunrberland Poverty Reduction Action Committee (Northumberland County,2008).1e Preliminary Report Poverty Reduction Sfrategy for the City of Kawa¡tha Lakes and County ofHaliburton. (Kawartha Lakes, 2012) p.33.20 Preliminary Report: Poverty Reduction Strategy for the City of Kawartha Lakes and County of Haliburton.(Kawartha Lakes, 2012) p. 33.zt |. Fairbairn and L. Gustafson. Understanding Freefall: The Challarye of the Rurøl Poor. (Senate of Canada:Ottawa,2008) p. 106.2 E. Marr. Obstacles to Rural Trønsit for Locøl Gooernments in Ontario. (Foundations in Planning Practice,2010) p.2.23 Prelirninary Report Poverty Reduction Strategy for the City of Kawa¡tha Lakes and County ofHaliburton. (Kawartha Lakes, 2012) p.22.

7

116

" Comntunity-bnsed transportøtion is quite corwnon in rural Canadø. It is builtupon neighbor helping neighbor. Most people zúIl pick you up and tøke you tochurch. Møny seraices are dcliaered to you øs utell,like Meals onWrcels, ruhichistransportation. The Red Cross tøkes cancer pøtients to treatment centres or strolce

patients to tlæ suimmingpools.-Robert Fuller, in Føirbøirn

The provincial rurality index designates any community scoring higher than 40 pointsas rural. The City of Kawartha Lakes scores approximately 57% while HaliburtonCounty scores 77%.24

Issues of transportation are perennial in rural areas. The City of Kawartha Lakes andthe County of Haliburton are no exceptions:

currentþ there is no permanent county or city-wide public transportationsystem in the City of Kawartha Lakes or the County of Haliburton;

in a transportation 2012 needs study in the County of Haliburton, some 95% ofrespondents agreed there is a need for more transportation options. Almost 10%

of respondents reported not having a car.; and

there is no transportation subsidy program available to low-income residents notassociated wittr social services agencies in the City of Kawartha Lakes or theCounty of Haliburton.

Transportation reliability, accessibility, and affordability varies within and between theCounty of Haliburton and the City of Kawartha Lakes. In the survey results and inputreceived during the public consultations held for this poverty reduction strategy, ruralareas outside of Lindsay, Minden, and Haliburton village overwhelmingly sawtransportation as highly problematic.

City of Kantarthn Inkes

O.ly the Town of Lindsay has a public bus transportation system. úr order to obtaintransportation services, residents living beyond "}irttb communities within the City(e.g. Coboconk, Fenelon Falls, Omemee; with relatively larger downtowns, designatedstreet parking, suitable sidewalks, and ample benches) are often not able to patronizelocal businesses or utilize services. Where travel is required in these instances, muchstress is placed on the resident as he or she struggles to find ways to attend.

2a S. Loucks. RuralTnnsportation Options and Policies Concepts for Haliburton County. (Haliburton: RuralTransportation Options Committee, Envi¡onment Haliburton, 2010) p. 5.

o

a

8

117

The County of HøIiburton

Haliburton County has a population density of less than L0 people per km2. "Accessing

transportation is a challenge for a greatnumber of residents who do not own cars/ orcarurot or will not drive."25

In Haliburton County, there have been several research studies exalnining variousoptions for aflordable transportation. The main issues have been ídentified as lack of anexisting public transportation system and the need for alternative options to be

developed.26

Challenges to effective transportation in the County of Haliburton have been identifiedto include:

o the large geographic distance between destinations;o financial and human capacity;o infrastructure based primarily on an extensive road network requiring

retrofitting;o the prevalence of a " car culture" equating transportation exclusively with private

cars; ando a gap in knowledge with most existing transportation research being based on

larger centres.

2t S. Loucks. Rural Transportation Options and Policies Concepts for Haliburton County. (Haliburton: RuralTransportation Options Committee, Environment Hal iburton, 20 l0) p. 9.26 See, e.g. S. Kirkbride . Issues and Børriers in Rural Trønsportøtion - Models for Car Shøring ønd Opportunitiesin Haliburton County (Haliburton: Environment Haliburtoru 2010); S. Loucks. Rural Trønsportution Options

ønd Policies Concepts for Haliburton County. (Haliburton: Rural Transportation Options Committee,Environment Haliburton, 2010); and Ontario Healthy Communities Coalition & Rural TransportationsOptions - Environment Haliburton!. Transportation Options in Ru¡al Communities: The Root to HealthSymposium (Haliburtor¡ 2013).

9

" Cnryooling shottld be n normal thing in n turøl øren. We shouldn't be øftøid of it"

- Local Resident

118

ry. CurrentTransportationlnitiativeq

Providing access to physical assets - including transportation - is a priorily for povertyreduction in the United Kingdom, for exartple.2T

OfficiøI Pløn - City of Køntarthn I-akes

The Vision of the City of Kawartha Lakes includes: "developing a transportation system

which will emphasize salety, convenience, and efficiency and which will address themultiple forms of transportation found in the City.. ."28 The City of Kawartha Lakes

Official Plan acknowledges that complete communities include convenient access topublic transportation and options for safe, non-motorized travel.

The City's Official Plan contains policies to encourage and promote activetransportation and connectivity for pedestrians and all modes of transportation;2e

Council, wherever possible, will encourage homes for the aged, higherdensity, affordable rental accommodation and senior citizenaccommodation to be located in close proximity to retail uses, personalservices, community facfüties and available public transportation. (s. 5.3.3)

a

o

a

a

Group homes will be directed to urban areas and larger hamlets whereaccess to community facilities and transportation services are more readilyavailable. (s.5.5.1)

Rooming or boarding houses may be permitted in settlement areas andshould be directed to areas of higher density and multiple residentialdevelopment immediately adjacent to a core commercial area or with access

to public transportation. (s. 5.6.1)

New industrial development within the existing Industrial designationshould:a) be located on or near main transportation routes ... (s.22.2.L)

The City's plan for growth also commits the City to developing a transportation systemthat is safe, convenient, efficient and accessible, as well as a transportation system

strategy which will emphasize safety, convenience and efficienry and address the

27 Departnrent for International Development (UK), "sustainable Livelihoods" (2001) in A Compmdium ofPoaerty Reduction Strategies andFrøm Kitchener,2009)p.7.

" City of Kawartha Lakes. Community ryfor Kawartha Lakes Secondary Planr. (Kawartha

Lakes,2}l2) at 517 .

zs ClW of Kawartha Lakes - Offcitl Plan, s.2.6.5

10

119

multiple forms of transportation found in the City.so Pedestrian and bicycle networkswill be integrated into transportation planning in the City of Kawartha Lakes, wherefeasible.3l

In addition to its impact on reducing poverty, transportation is a priority specificallyidentified by the CIty of Kawartha Lakes in the areas of enhancing tourism; managingaggregates; developing a knowledge-based economy (with a focus on the water andagriculture sectors for job creation); and creating connections (with a focus oninfrastructure, communications and relationships).32

The City of Kawartha Lakes has also completed an Integrated CommunitySustainability Plan (ICSP) that emphasizes the importance of developing sustainableactive transportation and transit systems to realize long term health and societalbenefits for local residents. These benefits have been recognized in the action plans ofthe Active Communities, Accessibility and Health and Education focus areas of theICSP.

The City is also developing urban settlement secondary plans for the communities ofBobcaygeon, Fenelon Falls, Lindsay, Omemee and Woodville. Building on therecommendations of the Official Plan and ICSR these secondary plans will containadditional detailed policies that implement urban design, active transportation andtransit related development within the City's five urban settlements.

ln20L4, the City will develop Community Design Guidelines that will further supportthe implementation of active transportation policy and design standards for both publicspaces and private developments.

Offciøl Pløn - County of Høliburton

The County of Haliburton is committed to promoting a mix of transportation options inits development.33 Under its Official Plan, the land use pattern in the County:

should promote energy efficiency, improved air quality, and allow forcompact development that is designed in such away to support andencourage active transportation as well as the establishment of futuretransiüs and

a

go City of Kawartha Lakes - Olficiøl Plan, s.28.Lst City of Kawartha Lakes - OficiøI Plan, s.28.6.832 Report to Council - Tra¡sit PW2012-005. RurøI Trønsit Task Force Recommendntions. City of KawarthaLakes, 2012p.8.ss Couîty of Halibu¡ton - OffciøI Pløn, s.2.3.3M County of Haliburton - OficiøI Pløn, s.2.3.5.3

ll120

trails, corridors, roads and rights -of-way for significant transportation,recreation and infrastructure facilities will be protected for future use.35

Additionally, the County of Haliburton has undertaken to request additionalinformation on transportation, when needed, when considering development proposalsot Plønning Act apphcations.36

Existino Transoortation in the Cifv of Kawartha T.akes

Transportation services available in the City of Kawartha Lake through municipalservices, social services agencies, and charitable and not-for-proht orgarrizations, andthe private sector include:

35 County of Haliburton - OlfciøI Pløn, s.2.4.2.11.36 County of Haliburton - Offcinl PIan, s.3.8.1.137 70,325 rides provided in 2010 throughout the City of Kawartha Lakes. Report to Council - Transit 2013-

00L. Feasibility of a Rurnl, Single Route, Diøl-a-Ride Trnnsit Seroice. City of Kawartha Lakes, 2013 p.5.

Cost? OtherAgency People servedType ofservice

Purpose

A.y yes City website:www.citv.kawarthalakes.on.calresidents/transportation

Lindsay Transit All Bus on setroutes

Bus any yes For moreinformation refer towww.city.kawarthalakes.on.ca/residents/transportation/lindsay-transit

"Dial-a-Ride" PilotProgram

an applicant iseligibleifhe/she is unableto use conventional(fixed route) transitservices due to aphysical orfi.rnctionaldisability, definedas "any condition,either short term orlong term"

Bus afry yes Monday - Saturdayexcluding holidays7 a.m. -7 p.m.

LIMO SpecializedTransit

For people withphysical and f orfunctionaldisabilities whoare unable to useconventionalpublic transit.

Volunteerdrivers

medical orsocial needs

yes 48 hours noticepreferred

Community CareCity of KawarthaLakes3T

Seniors andresidents withdisabilities/special needs

t2

121

1 week noticepreferred

Residents withdisabfüties/specialized needs

Paid drivers medical orsocial needs

yesCommunity CareCity of KawarthaLakes - SpecializedTransit - handi-van and nonemergencystretcher vanCommunity LivingKawartha Lakes

ComrrrunityLiving clientswho meetelisibilitv criteria

Stall Programrelated thatmeets thecriteria

Could vary

NoKawarthaHaliburtonChildren's AidSocieW

Clients Volunteerdrivers

Court-related

Shuttleservice

For childrento attendprograms atthe club

Included inprogramrates

For childrenparticipating clubprogfarns.

Boys and GirlsClub City ofKawartha Lakes

For childrenparticipating inclub programsfrom Lindsay areaschools

NoCancer Society /Other CharitableOrsanizations

Approved clients Volunteerdrivers

Medicalrelated

Aoy Yes Rates set by themunicipality

Private Taxi /Limousinecompanies

All Privatevehicle

Overseen byMinistry ofEducation

Bus School only NoSchool Buses Currentþ -eligible registeredstudents only

Determined byProvincialregulation or localpolicy.

Eligible recipientsonly

Financialassistanceonly

Mandatorymedicaltravel costsand limitedemploymentrelated travelcosts

NoOntario DisabilitySupport Programand Ontario Works

Kmuørtlu Løkes Transit BoardThe Kawartha Transit Board operates and oversees Lindsay Transit and LIMOspeciahzed transit in accordance with the Municþal Act.38 The Kawartha Lakes TransitBoard is comprised of both City Councilors and members of the public appointed byCouncil.

Lindsøy Trønsit

38 See: City of Kawartha Lakes. Kawartha Lakes Transit Board Terms of Reference

t3

122

Lindsay Transit is the only regular public transportation in the City ofKawartha Lakes. Buses operate within the boundaries of Town ofLindsay with three routes, available L2 hours per day, seven days perweeþ making routed stops only. Lindsay Transit offers reduced fairs for

seniors, students and children.

LIMO Spe cinlircd TransitLindsay Transit also operates LIMO Specialized Transit. The LIMO is a

shared door to door public transit service for people with physical and

/or functional disabilities who are unable to use conventional publictransit. LIMO service is provided upon successful application and

submission of a medical documentatíon demonstrating need. The basic fare is $2.00wittr discounts for seniors, children and students. LIMO service is available Monday-Saturday within regular business hours. Ir.201^3, a second vehicle was added and hoursof service expanded.

Rural Transit - "Dial-a-Ride'3eThis past year, the City of Kawartha Lakes began to offer rural bus routesfor a one-year period based on a feasibility study conducted by Cityofficials.aO Rural Transit is funded through the Provincial Gas Taxcosting approximately fi374,400.a1 The service is delivered by Niagara

Classic Transportation Ltd. following public tender.o The rural transit route providespublic transportation on set routes between Lindsay, Cameron, Fenelon Falls,

Bobcaygeon and Dunsford. The rural transit service is offered Monday to SaturdayfromZam-7pm. The cost is $5.00 per ride for seniors, children and students. Reduced

rates are not offered. Pick-ups are also available: by appointment within 150m of stops.

The buses are accessible by handicapped riders.

Bøckground: Rurøl Public Transit Pilot Progrøm

In20L-1., the City implemented a pilot program for rural transit. The pilot was notcontinued lr;.201.2 due primarily to a lack of ridership - 895 rides in its 13 month periodof operation at a cost of $48,00æ3 - and the determined lack of value for money. TheCity's current rural transit program is the result of a motion upon the discontinuation ofthe pilot to devise a renewed model of rural transportation in the commutoty.*

3e Established pursuant to City of Kawartha Lakes. Resolution CR20t 3-167: February 2013.a0 See: Report to Council - Transit 2013-001. Feasibility of a Rural, Single Roule, Dial-a-Ride Transit Serttice. Cityof Kawartha Lakes, 2013. 2013 pursuant to City of Kawartha Lakes. Resolution CR20l2-1140:23 Octobe¡ 2012.ot City of Kawartha Lakes. Resolution CR2013-452: 14May 2013.o' City of Kawartha Lakes. Resolution CR20l3-452: l4May 2013.43 City of Kawartha Lakes. Resolution CR20I2-1139:23 October 2012.4 City of Kawartha Lakes. Re s o lu t i on C R2 0 I 2 - I I 4 0 : 23 Octobe¡ 2012.

t4

123

Community Care Cíty of KøzuørthøInlcesCommunity Care ha a comprehensive transportation service

O for seniors and peop al needs and.f or disabiiities to transport(om jîf residents throughout the City to medical appointments and social

activities. Funding is also provided by the City of Kawartha Lakes,localservice clubs and the United Wuy. A passenger fee is charged on a per kilometre basis.

Lower income passengers may be eligible for subsidies.

Transit Adaisory Boørd

The City currentþ has a Transit Advisory Board mandated "to provicle safe, reliableand accessible transportation to the City of Kawartha Lakes." 45

Historically, the City of Kawartha Lakes had maintained a Transit Advisory Committeeto provide advice and assistance to Council and the Public Works Department optimizetransit services within the City by working with community partners. a6 The City also

struck a Transportation Strategic Task Force in place unttl20L2.

GO Transit - Feasibility StudyA study on the feasibility of initiating a new GO Bus service betweenLindsay and the GO Rail line in Oshawa was issued in April, 2013. Thestudy also reviewed the potential and implications for bus service between

Lindsay and Peterborough. The study concluded that GO Transit be approached toprovide service and that certain demand existed for a Lindsay-Peterborough bustoute.aT

Pøthtoays to Health CommitteeThe Pathways to Health Committee is a committed group of agency representatives andcommunity volunteers who work towards making the City of Kawartha Lakes a

vibrant, healthy community that supports residents to incorporate active living into allaspects of their lives. Pathways to Health has worked specifically on advocating foractive transportation policies and infrastructure in the City of Kawartha Lakes over thepast six years, utilizing Ministry of Health and Long-Term Care Healthy CommunitiesPartrership funds. The committee worked closely with the City of Kawartha LakesPlanning Division to ensure policies that support health and active transportation wereincluded in the Official Plan and that key active transportation routes were included inthe Community-based Secondary Plans. The committee also wrote the goals and actionplan on Active Communities for the City's Integrated Community Sustainability Plan.1ll,20L{ Pathways to Health will work with the City Planning Division on thedevelopment of Community Design Guidelines that will see active transportation

45CityofKawarthaLakes. MinutesoftheCítyofKawarthaLakesTransitAdvisoryBoard. 14November2013,p.2.46 City of Kawartha Lakes. Kawartha Lakes Transit Advisory Commiltee Terms of Reference (2010).ot City of Kawartha Lakes. GO Transit Feasibility Study: Final Report.20l3,pp.28-29.

t5

124

components included in all new and re-developed municipal infrastructure and privatedevelopment projects.

lump StartThe Canadian Tire Jump Start Program also provídes $80,000 annually to the Cityincluding for transportation in high needs neighbourhoods.as

"The history of transportation initiatives dates back at least 30 years as successive

county councils, municipal councils, non-profit service providers and community stake

holder groups have identified gaps in services,bariers, and needs for better access toservices by vulnerable populations within the county."4e

The Rural Transportation Options Committee of Environment Haliburton recentlycreated a list of transportation services available in Haliburton County throughmunicipal services, social services agencies, and charitable and not-for-profitorganizations, and the private sector:s0

as Ottaw/s Poverty Reduction Strategy. Poaerty Affects Us All: A Community Approach to Poaerty Reduction

(City of Ottaw a, 2009) p. 33.ae S. Loucks. kuøI Transportation Optiøns and Policies Cancepts for Høliburton County. (Haliburton: RuralTransportation Options Comrnittee, Environment Haliburton, 2010) p. 10.s Ontario Healthy Communities Coalition & Ru¡al Transportations Options - Environment Haliburton!.Transportation Options in Rural Communities: The Root to Health Symposiurn ftIaliburton, 2013).

t6

Cost? OtherPeople served Tvpe of service PurposeAgencyYes 48 hours notice

preferredseniors (55+) andresidents withdisabilities over18

volunteer drivers medicalComrrunityCare

van (5 passengers) non-medical Yes consistent ridershipCommunityCare

seniors (55+)

cancer-related No n/aCancer CareOntario

cancer patients volulteer drivers

medical Yes includes parentPointinTime youth (to 18) andprenatal

volunteer drivers

organized ride-sharing

to participate inSIRCH programs

NoSIRCHCommunityServices

residentsattending SIRCHprograms

court-related NoChildren's AidSociety

clients volunteer drivers

Wednesdays -Haliburton villageand upon request, 1

week notice

van (8 seats,4 wheelchairs)

all purpose YesDysart SpecialTransit Service(DYMObus)

residents ofMunicipality ofDysart onapplication

125

Yes through the doorservice

Driving MissDaisy

all Private service;4passenger vehicle

all

notice preferredmedical YesHalibu¡tonHighlandsTransfer Service

all wheel chair andstretcher

medical Yes 24hotl¡. notice, ifpossible

Remote Transfer all stretcher

all Yes Some conditionsapplv

First StudentCanada

all School bus -charters.

Yes daily service to andfrom Toronto, withlocal stops

intercity bus allCan-ar CoachServices

all

Rates set by themunicipality

Private vehicles Any YesTaxis all

No Determined byProvincialregulation or localpolicy

OntarioDisabilitySupportProgram andOntario Works

Eligiblerecipients only

Financial assistanceonly

Mandatorymedical travelcosts and limitedemploymentrelated havelcosts

Communities in Action Committee

The Communities in Action Committee was formed lr.2004 to create healthy, activecommunities by: promoting and advocating for active transportation as a way toimprove heatth; promoting opportunities for walking and cycling within the villagesand surlounding areas; and creating active transportation plans for the Villages ofHaliburtory Minden, and Dorset. This group has been very active in supportinginfrastructure improvements including the addition of sidewalks on York Street inHaliburton village and the development of Riverwalk Trail in Minden.

Haliburton Higlilands Cy cling CoalitionThe Haliburton Highlands Cycling Coalition (HHCC) was formed in 2005 with the

vision that Haliburton County *ill provide and promote safe and enjoyable cycling ofall types, for all ages. The purpose of the HHCC is to represent the interests of the

cycling public within Haliburton County. In ]uly 2008, the HHCC completed a CyclingMaster Plan for the County.

t7

126

Sources:

A Cornpendium of Poaerty Reduction Strategics and Erømeuorks (Tamarak: Kitchener, 2009)

Action Areøs - Transportation (Northumberland Poverty Reduction Action Committee,Cobourg, present).

B. Dobbs et al, Cøring Contexts of Rural Seniors, Phase II Technical Report University ofAlberta, Edmonton, 20C4..

Children s Health Fund, The Health Trønsportation Shartage Index: A New Tool to ldentifyUnderseraed Communlfres (New York, 2012).

City of Kawartha Lakes. Community Visioning Summary for Kauarth.aLølæs Secondary

Plans. (Kawartha Lakes, 2012).

City of Kawartha Lakes. Knwarthn Inkes Transit Adaisory Committee Terms of Reference

(2010).

City of Kawartha Lakes. Kmoørtlu Inlces Trønsit Board Terms of Reference.2013.

City of Kawartha Lakes. Minutes of the City of Kmuarthn Lakes Trønsit Adaisory Boørd. 'J.4

November 2013.

City of Kawartha Lakes - Oficial Plan

City of Kawartha Lakes. Resolution CR201.2-1.1.39:23 October 20L2.

City of Kawartha Lakes. Resolution CR20L2-1.L40:23 Octobet 2012.

City of Kawartha Lakes. Resolution CR201.3-1.67:February 20L3.

City of Kawartha Lakes. Resolution CR2013-452: L4May 20L3.

Community Strategy to Reduce Pooerty in the City of Greøtzr Sudbury (Social PlanningCouncil of Sudbury, 2008).

County of Haliburton - Official Pløn

J. Fairbairn and L. Gustafson. Understønding FreeføIl: The Chnllenge of the Rural Poor.

(Senate of Canada: Ottawa,2008).

L.Gary andA.Fraser, A. ThcCostof CørsonSociety. Infrøstructureas.Economics.

l8

127

(Econopolitics: Air Pollution Coalition of Ontario, 2006)

Halíburton-Kawartha-Pine Ridge District Health Ut'Ít. Child Poaerty: A Problem we

Cannot Afford. (HKPR Health Unit Port Hope,2008).

B. Hunt and A. Fletcher. Age Friendly Haliburton County (2010).

Institute for Transportation and Development Policy. IMy Trønsportation Møtters:Pouerty Alleointion (New York: Internet, 2013)

S. Kirkbride. Issues and Børriers in Rurøl Transportøtion - Models for Car Shnring ønd

Opportunities in Høliburton County (Haliburton: Environment Haliburton, 2010).

S. Loucks. RurøI Transportøtion Options ønd Policies Concepts for Høliburton County.(Haliburton: Rural Transportation Options Committee, Environment Haliburton, 2010).

Møking Hamilton the Best Pløce to Røise a Child (CIty of Hamilton and HamiltonCommunity Foundatio n, 2007).

E. Marr. Obstacles to Rurøl Trønsit for Locøl Goaernmcnts in Ontørio. (Foundations inPlanning Practice, 2010).

Ministry of Transportation. Dedicated Gas Tax Funds for Public Trønsportation Progrøm

201,L20L2 Guidelines ønd Re quirements. (Queen's Park: Toronto, 20tI).

Ministerial Advisory Council on Rural Health. Rurøl Health in Rurøl Hønds: Strøtegic

Direction for Rurø\, Remote, Nortlrcrn and Aboriginøl Communities, (Ottawa: HealthCanada,2002).

National Advisory Council on Aging, " Agþgin Rural Communities and Small Towns",(1993) Expression 9(1).

Northumberland Poverty Reduction Action Comrrrittee. Making a Difference to Poaerty

in Northumberlønd County. (Cobourg, 2009).

Ontario Heatthy Communities Coalition & Rural Transportations Options -Environment Haliburton!. Transportation Options in Rural Communities: The Root toHealth Symposium (Haliburton, 2013).

Ottawa's Poverty Reduction Strategy. Poaerty Affects Us AII: A Community þproach to

Poaerty Reduction (Crty of Ottawa,2009).

l9

128

Peel Poverty Reduction Strategy. Awareness. Access. Opportunity. Three-Year ActionPløn 20L2-20L5. (Peel Region, 20L2)

Preliminary Report Poverty Reduction Strategy for the City of Kawartha Lakes andCounty of Haliburton. (Kawartha Lakes, 2012.)

Report from the Northumberland Poverty Reduction Action Committee(Northumberland County, 2008).

Report to Council - Transit 2013-00'1,. Feasibility of a Rural, Single Route, DiøI-ø-Ride

Transit Seraicc. City of Kawartha Lakes,2013.

Report to Council - Transit PW2012-005. Rurøl Transit Task Force Recommendntions. Cltyof Kawartha Lakes, 20T2.

S. Shikaze. Promoting Actiae Trønsportation in Rural Ontørio: HøIiburton County.(Haliburton Kawartha Pine Ridge District Health Unilt,20L2). PowerPoint Presentation.

K. Steffler and A. Fletcher. Age Friendly Project Assessmcnt: Report to the Community(Haliburton-Kawartha-Pine Ridge District Health Unit - City of Kawartha Lakes: 2010)

Strøtegiesfor Pwerty Reduction (Hamilton Community Foundation: Hamilton,20\2).

Surrey Poverty Reduction Plan. This is HozttWe EndPoaerty in Surrey. (Surrey: This isHow We End Poverty in Surrey,2012).

Transport Canada. Sustainøble Trønspoftntion in small ønd Rurnl communities. (Ottawa:Issue Paper 6'1,, 2006).

20

129

Action Plan Recommendations

Recommendation 1:

Lobby the provincial and federal governments for cheaper gas and/or gas subsidies,credits and/ ot rebates.

ActiaitySchedule delegation meetings at the official(s) level, political leader visits,legislativecommittee appearances, and Ministerial "pull asides" to aclvocate cheaper gas and/orgas subsidies or credits.

Process

- develop a strategic lobbying and communications plan

- contact Ministry officials, Ministers and MP to schedule meetings

- appoint a community delegation to attend meetings

- attend meetings with follow-up and repeat visits

- develop a conìmon message to be delivered at informal or unexpected occasion tomeet with officials, government and/or Opposition MPPs

Responsibility

- City of Kawartha Lakes / County of Haliburton - lead, coordination and follow-upfunctions

- delegates, including Councilors, self-advocates, concerned citizens, andrepresentatives of community organizations

Timeline(s)201.4

Resources Required

- City of Kawartha Lakes / County of Haliburton Councillors

- City of Kawartha Lakes / Counly of Haliburton staff - coordinating function

- travel funding e.g. mileage

Me asure øb le lndicøto r s

- # of meetings held with political leaders

- # oÍ participants in delegations

- # of follow-up visits

- # of commitments obtained

- demonstrated Government of Ontario comrrritment to cheaper gas/subsidies

2l

130

Recommendation 2:

Lobby the Government of Ontario to take a more active role in transportation andview ridership per capita not strict formulae of absolute ridership.

ActiaitySchedule delegation meetings at the official(s) level, political leader visits,legislativecommittee appearances, and Ministerial "pull asides" to advocate increasedgovernment participation and funding of affordable transportation in rural areas as aneconomic and poverty reduction measure.

Ptocess





- develop a coÍtmon message to be delivered at informal or unexpected occasion tomeet with officials, government and/or Opposition MPPs

Responsibility- municipalities -lead, coordination and follow-up functions

- delegates, including Councillors, self-advocates, concerned citizens, andrepresentatives of community organizations

Timeline(s)20t4

Resources Required

- City of Kawartha Lakes / County of Haliburton Councillors

- City of Kawartha Lakes / CounIy of Haliburton staff - coordinating function

- travel funding e.g. mileage

Me øsureøb le Indic øto rs

- # oÍ meetings held with political leaders

- # of participants in delegations

- # of fo[ow-up visits

- # of comnritments obtained

- increased Government of Ontario participation and funding for rural transportation

22

131

Recommendation 3:

Develop specific, short term transportation support/ subsidy programs for lowincome e¿uners preparing to return to work or for other specific purposes.

ActioityDevelop a program for qualiÉied applicants to receive short term transportation supportartd/or subsidies for specified purpose(s) including lobbying the Ontario governmentfor transportation supports and/ or subsidies.

Ptocess





- develop a common message to be delivered at informal or unexpected occasion tomeet with officials, government andf or Opposition MPPs

- analysis and costingof ptogram including identifying funding options

- analysis of economic benefits

- analysis of existing models

- report to Council

- passage by Council

- program roll-out- program delivery and administration

- program evaluation

Responsibility

- City of Kawartha Lakes / County of Haliburton - lead, coordination and follow-upfunctions, program development/ implementation

- Government of Ontario

- delegates, including Councilors, self-advocates, concerned citizens, andrepresentatives of community organizations

- transportation providers

Timeline(s)20L4

Resources Required

- City of Kawartha Lakes / Courúy of Haliburton Councillors

- Clty of Kawartha Lakes / County of Haliburton staff - coordinating function

- funding

23

132

M e øsur e øb le lndicøto rs

- # of meetings held with political leaders

- # of participants in delegations

- # of follow-up visits

- # of commitments obtained

- demonstrated Government of Ontario commitment to transportation supports

- # of transportation support eligibility criteria developed

- analysis of results

- # of tax subsidy eligibility criteria developed

- report to Councils

- programapproved- amount of program

- # of applicants

- # ol subsidies issued

- qualitative data from subsidy/support recipients

- impact(s) on economic, taxation, health and social services indicators

24

133

Recommendation 4:

Expand discounts for Lindsay bus passes and rural "dial-a-ride" hansit to low-income e¿üners

ActioityProvide existing bus pass discounts to low-income earning riders on Lindsay Transit,LIMO Specialized Transit and the rural "dial-a-ride" transit program.

Process

- analysis and costing of program including identifying funding options



- report to Council




Responsibility- City of Kawartha Lakes

- Kawartha Lakes Transit Board

Timeline(s)201.4

Resources Required

- Crty of Kawartha Lakes staff

- funding

Me a sut e øb Ie Indicato rs

- analysis results

- # of discount bus pass eligibility criteria developed

- report - Council

- programapproved- amount of program

- # of applications received

- # of discounted passes issued

- qualitative data from discounted pass recipients

- impact(s) on economic, taxatiorù health and social services indicators

25

134

Recommendation 5:

Draft transportation strategies for the City of Kawartha Lakes, building on therecommendations of the City" Official Plan and Integrated CommunitySustainability Plan (ICSP).

ActiztityDrafting transportation strategies for the City of Kawartha Lakes.

Ptocess

- analysis of local transportation data, ridership, etc.

- communityconsultations- analysis of existing models, research, expert literature. Etc.

- report to Council


Responsibility

- City of Kawartha Lakes

- general public, community and social services organlzat:ons - consultation/input

Timeline(s)2014

Resources Required

- Clty of Kawartha Lakes staff expertise/time

- funding - consultations and printing

M e øsur e ab Ie lndicat o rs

- # of sources reviewed and considered

- # of consultations held

- # of participants at public consultations

- # of groups and organizations consulted

- draft transportation strategy(s)

- report - to Council- City of Kawartha Lakes transportation strategies produced and approved

26

135

Recommendation 6:

Develop a rural transportation system for the County of Haliburton, consideringthe Northumberland model and a possible Municipal Transit Authority

ActiaityDrafting transportation strategies for the County of Haliburton.

Ptocess

- analysis of local transportation data, ridership, etc.

- community consultations

- analysis of existing models, research, expert literature. Etc.

- report to Council


Responsibility- County of Haliburton and member municipalities

- coûì.munity organization(s)

Timeline(s)201.4

Resoutces Required

- County of Haliburton and member municipalities

- funding

Me øsure øb le lndic øto rs

- # of sources reviewed and considered

- # of consultations held

- # of participants at public consultations


- draft transportation strategy(s)

- report - to Council(s)

- transportation strategies produced and approved

27

136

Recommendation 7:

Create and coordinate a central, easily accessible car share/car pool progfam.

ActiztityDevelop a local car share/car pool program, possibly on-line

Process

- identify lead agency

- analysis, needs assessment and costing of program including identifying fundingoptions





Responsibility- community organization(s) (perhaps in partnership)

Timeline(s)2014

Resources Required

- organization staff time, online resources, call line, etc.

- in-kind, Ontario Trillium Foundation, United Way funding possible

Meøsut e øb le lndic ato rs

- assessment report

- a central car share f car poolprogram

- # of calls

- # of website hits

- # of rides arranged

- # of residents transported due to program

- qualitative data from passengers, drivers, employers, etc.


28

137

Recommendation 8:

Create and coordinate a central contact point through which residents can learn aboutand book transportation (e.g. central "rideboatd" of individuals, organizations,municipality off ering rides)

ActioityDevelop a central source of information on all locally available transportation, provide"ride boards", etc.

Process

- analysis, needs assessment and costing of program including identifying fundingoptions



- program roll-out- program delivery and administration- program evaluation

Responsibility- community organization(s) (perhaps in partnership)

Timeline(s)2074

Resources Required

- organization staff time- funding: online resources, call line, etc.

- in-kind, Ontario Trillium Foundatioru United Way funding possible

Me øsure ab le lndic øtors

- assessment report- a central source for information on all locally available transportation

- a ride board program

- # of calls

- # of website hits

- # of rides arranged by information and ride board

- # oI residents transported due to program



29

138

Recommendation 9:

Increase transportation support offered by the City, the County and its lower tiermunicipalities, social services agencies and community organizations to access theirprograms and services.

ActiaityIncrease the capacity of municipalities, social services agencies, and communityorganizattons to provide transportation to programs and services.

Process

- analysis, needs assessment and costing of increased transportation includingidentifying fu nding options

- analysis of economic benefits and benefits to social service organizations


- report to Councils

- passage by Councils

- provide transportation for clients for existing municipal programs and services, onas-needed basis or by application

- include transportation as program element and specific line item in all new socialservices agency, community orgarizalon program funding proposals/applications

- social service agencies and community organrzalons to re-prioritize transportationas needed or upon application and incorporate transportation lens in programming

- acquisition additional vehicles/ increase transportation capacity


Responsibility- City of Kawartha Lakes

- County of Haliburton- County of Haliburton municipalities

- social services agencies

- community organization(s)

Timeline(s)20t5

Resources Required

- municipal staff expertise/time

- social services agency staff expertise/time- community organization staff time

- vehicle(s)

- funding: in-kind; municipal Ontario Trillium Foundation/United Way; fundraising

30

139

M e øsure øb le Indic øto rs

- assessment report- # of eligibility criteria to obtain transportation to programs and services

- report - to Councils

- # of new/additional vehicles operated for client transportation by municipalities,social services agencies and community organizations

- increased transportation offered

- # of clients transported due to increase

- # of clients participating in programs and services due to increase in transportation

- # of new clients participating in programs and services due to increase



31

140

Recommendation 10:

Encourage gfocery stores, pharmacies, food banks, etc. to provide delivery servicesand/ or customer transportation.

ActivityIncrease capacity of local grocery stores, pharmacies, farmers'markets, food banks, etc

to provide delivery services and/ or transportation for local customers at little to nocost.

Process

- analysis, needs assessment and costing of transportation including identifyingfunding options


- analysis of benefits to stores, markets and food banks


- include transportation for customer as program element and specific line item in allbusiness models, marketing plans, customer service programs, and new socialprogram funding proposals/ applications

- acquisition additional vehicles/ increase transportation capacity

- transportation delivery and administration


Responsibility- local grocery stores

- pharmacies

- farmers'markets- food banks

- community organization(s)

Timeline(s)2015

Resources Requbed

- grocery store / farmer's market financial resources

- businessf organization staff time

- vehicle(s)

- funding: in-kind; Ontario Trillium Foundation/United Way; fundraising

32

141

M e asur e øb le In dic øto ts

- assessment report

- # of. business models/marketing plans including transportation

- # of community organizations offering transportation to food as a result of thisreconunendation

- # of new/additional vehicles operated for client transportation by communityorganizations

- # of customers transported

- qualitative data from riders, grocery stores, farmers' markets, communityorganizations, drivers, employers, etc.


33

142

Recommendation LL:

Designate "public seats" on school buses replicating successful programs in othercommunities such as the Municipality of Orangeville.

ActiztityDevelop and implement a program to use school buses as public transportation whenempty.

Process

- analysis of ridership, insurance, available/suitable routes/times

- analysis of existing models (e.g. Orangeville)

- information from Trillium Lakeland District School Board

- agreement with Student First Canada Inc.

- report to Council


- allocation of funding- program delivery and administration (designated routes/times)- program evaluation

Responsibility- community organizations

- Clty of Kawartha Lakes / County of Haliburton

- Student First Canada Inc.

Timeline(s)2015

Resources Requfued

- City of Kawartha Lakes/ County of Haliburton staff expertise/time

- funding (possibly nominal if empty buses already paidfor/rn-kind)- insurance

Meøsureøble Indicatorc- analysis report

- report - to Council

- funding confirmed

- use of empty school buses

- # of riders

- qualitative data from riders, businesses, employers, etc.

- impact(s) on economic, taxatioru health and social services indicators

34

143

Recommendation 1-2:

Invest in efforts to educate residents about alternatives to the "car culfure" at thecommunity level.

ActiaityProduce and deliver communitSr awareness campaign about alternative transportation,including the benefits of active transportation.

Ptocess

- analysis of communications, existing campaigns, research,literature/plans, etc

- development of strategic communications and campaign plan

- engage community organization(s)

- report to Council


- development of communications material

- delivery of campaign

- evaluation

Resp onsibility (possible parbrership)

- Crty of Kawartha Lakes / County of Haliburton- community organization(s)

Timeline(s)201.4-2015

Resources Required

- Clty of Kawartha Lakes / County of Haliburton staff expertise/time

- community organization(s) staff expertise/time- funding- communications collateral e.g. flyers, fiSAs, website, town halls, etc.

Measur e øb le lndicators- analysis report- strategic communications and campaign plan

- # of community organizations engaged

- # of in-kind contributions


- public awareness campai

- # of communications materials produced and disseminated, website visits

- # of town halls/public meetings

- qualitative data from resid e.g. satisfaction survey for campaign

- results of campaign evalu on - impact/behavior change to non-car transportation

35

144

Recommendation L3:

Invest - through programs and policy - in active transportation infrastructure such as

bike and pedestrian paths, bike lanes, paved shoulders, signage, walkways andbenches.

AcfiaityDevelop an Active Transportation Master Plan for the City of Kawartha Lakes.

Invest in Active Transportation infrastructure (bicycle and pedestrian paths, bike lanes,sidewalks, etc.)

Ptocess

- analysis of existing municipal policies

- analysis of local transportation data, etc.

- community consultations

- analysis of existing models, research, expert literature, etc. report to Council


- invest in active transportation infrastructure- evaluation

Resp onsibility (possible partrership)

- City of Kawartha Lakes / County of Haliburton

- Haliburton Kawartha Pine Ridge District Health Unit- Communities in Action Committee

- Pathways to Health Committee

- community organizations

Timeline(s)201.4

Resources Required

- Cityof KawarthaLakes / County of Haliburtonstaffexpertise/time- community organization(s) staff expertise/time

- funding

Me asur eøble Indic ato rs

- analysis

- # of consultations held- # of participants at public consultations


- # of community organizations engaged

36

145

- # of in-kind contributions


- # of bike paths,lanes, signs and benches implemented

- # ofusers

- qualitative data from users, commuters, residents, seniors (e.g. benches) etc.

- impact(s) on economic, taxatior1 health and social services indicators

37

146


Council Report

Report Number FlRE20l4-002



Subject License Amendment Agreement between the City of KawarthaLakes and Bell Ganada

Author/Title: Pat Twoh

Recommendation(s):

RESOLVED THAT Report F|RE2O14-002, License Amendment Agreementbetween the City of Kawartha Lakes and Bell Canada, be received;

THAT the Amendment to the License Agreement between the City of KawarthaLakes and Bell Canada for Bell Tower Use by the Fire Department be approved;and

THAT a By-law, substantially in the form attached as Appendix A to ReportFlRE2014-002 be forwarded to Councilfor adoptíon.

nature:

Department Head:


Ch ief Admi nistrative Officer:

147

License Amendmeni Asreement between rhe city or Kawart^"i"i:::lfåíttfi:i:Page 2 of3

Background:

At the March 22,2011 Council meeting, the following resolution was passed:

RESOLVED THAT Report ES201 1-006, "License Amendment Agreementbetween the City of Kawartha Lakes and Bell Canada", be received;THAT the Mayor and Clerk be authorized to sign the License AmendmentAgreement between the Corporation of the City of Kawartha Lakes andBell Canada; andTHAT a By-law, substantially in the form attached as Appendix A toReport ES20'l I -006 be forwarded to Council for adoption.

cR2011-354

Rationale:

The Fire Department communications system requires rental of tower space onthe Bell Canada tower located at Pt. Lt. '16, Conc. 8, Manvers to providecommunications for the southern area of the City of Kawartha Lakes. A previousagreement was entered into with Bell by resolution of Council in 2003 and 201 1.

This agreement is to address the use of Bell Canada tower space by themunicipality. Staff has negotiated an agreement with Bell that meets the needsof the department and the proposed agreement attached is recommended toCouncil for its consideration and approval.


The City of Kawartha Lakes could choose not to enter into an agreement andinteract with Bell Canada in absence of an agreement. This is not therecommended option as the month to month fee would be higher than theagreement fee.


The monthly fee until August 31, 2018 under the proposed Bell agreement is$525.00 per month plus HST. This rate remains the same as the previousagreement with Bell Canada and the amount is included in the EmergencyServlces operating budget for Antenna/Tower Rental lease. The Ministry ofNatural Resources fee in item 10 of ihe agreement does not apply for thisparticular site.


This agreement does not directly impact or align with a specific Strategic Priority.

148

Report #FIRE-20 f4-002License Amendment Agreement between the City of Kawartha Lakes and Bell Canada

Page 3 of 3

Attachments:

Appendix A BylawAppendix B Agreement

Phone: 705-324-5731

E-Mai I : [email protected]

Department Head: Mark Pankhurst, Fire Chief

Department File:

149

A BY-LAW TO AUTHORIZE THE EXECUTION OF A LICENSE CONFIRMING ANDAMENDING AGREEMENT BETWEEN THE CITY OF KAWARTHA LAKES AND BELL

CANADA

T[-IE CORPORATION OF THE CITY OF KAWARTHA LAKES

BY-LAW 2OI4-

Recitals

'1. Counciì, by Resolution CR2014-XXX authorized entering into an LicenseConfirming and Amending Agreement with Bell Canada to attach an antennaand equipment to the Bell tower in the Geographic Township of Manvers;

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enactsthis By-law 2014-

1.01 Defìnitions: In this by-law,

"City", "City of Kawartha Lakes" or "Kawartha Lakes" means TheCorporation of the City of Kawartha Lakes and includes its entire geographicatea.

"City Clerk" means the person appointed by Councìl to carry out the dutíes ofthe clerk described in section 228 of lhe Municipal Act, 2001;

"Council" or "City Council" means the munic¡pal council for the City.

"Fire Chief' means the person who holds that position and hìs or her delegate(s)or, in the event of organizational changes, another person designated by Council;

"Mayor" means the Chief Executive Offìcer of the City.

1.02 lnterpretatíon Rules:

(a) The Schedules attached to this bylaw form part ofthe by-ìaw, and areenforceable as such.

(b) The words "include" and "including" are not to be read as limìting themeaning 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, asamended from time to t¡me, that are applicable within the Province of Ontario.

1.04 ÞgleÞ!.try: If a court or tribunal of competent jurisdiction declares any portionof this byJaw to be illegal or unenforceable, that portion of this by-law shall beconsidered to be severed from the balance ofthe byJaw, which shall continue tooperate in full force and effect.

2.01 AppIeElS.: The Agreement appended to this By{aw as Schedule "4" is

approved.

2.02 Authorization: The Mayor and City Clerk are authorized to sign the Agreementappended to this By-law as Schedule "4", and to affix the City's corporate seal tothem.

150

The Corporation ofthe City of Kawartha LakesA by-law to authorize execution ofdocuments

Page 2 of2

3.01 Administration: The Fire Chief is responsible for the administration of th¡s by-law.

3.02 Effective Date: This By-law shall come into force on the date it is finally passed.

ByJaw read a first, second and third time, and fìnally passed, th¡s 8ü day or April, 2014.

Ric Mccee, Mayor Judy Currins, City Clerk

Document in http:\coklspþw\crww\Draft Council Reports\FlRE20l4-002 License agreement with Bell Canada-docx151

Appendix B Report FlRE2014-002

LICENSE CONFIRJT{ING AND AMENDING AGREEMENT

THIS AGREEMENT is made as of the 29rh day of January,2014.

BETWEEN:

BELL CANADA

(the "Licensor")-and-

CITY OF KAWARTHA LAKES

(the "Licensee")

BACKGROUND TO THIS LICENSE CONFIRMING AND AMENDING AGREEMENT

A. By an agreement dated October 7, 2003 betw-een the Licensor and the Licensee (the

"License") in respect of a certain parcel of land described as Part of Lot 16, Concession

8. Township of Manvers. in the Province of Ontario, and as more particularly describedtherein (the "Site"), the Licensee was granted a license to install, maintain and operate the

Attachments at the Site as more particularly set out in the License and on the terms set

out therein for a term expiring on August 31, 2008.

B. By a License Confrrming and Amending Agreement dated March 22,2011 between the

Licensor and the Licensee the term of the License w-as extended for a furthe¡ period offive (5) years, commencing September 1.2008 up to and including August 31,2013 on

the term as set out therein.

C. The Licensee has requested to extend the term of the License for five (5) years

commencing September 1, 2013 up to and including August 31, 2018 and the Licensor

and the Licensee have agreed upon the license fee payable and other terms respecting

such extension.

NOW, THERXFORE, in consideration of the sum of TEN DOLLARS (S10.00) and other

consideration now' paid by each party to the other, the receipt and sufficiency of which are

acknowledged, the Licensor and the Licensee agree as follows:

152

The parties hereto hereby acknowledge. confirm and agree that the foregoing recitals are

true in substance and in fact.

The License as it is being amended and extended as described above, is referred to in thisAgreement as the License.

The Licensor and the Licensee hereby acknowledge and agree that the term of theLicense has been extended for five (5) years, commencing September l, 2013 up to and

including August 3 1, 201 8 (the "Renewal Term").

The Licensor and the Licensee confirm and agree that the annual License Fee payable forthe Renewal Term shall be Six Thousand. Three Hundred Dollars ($6,300.00) togetherwith any applicable taxes, including the HST and any provincial sales taxes, to be

payable annually, in advance, commencing on the l't day of Septembe¡ 2013 and on theanniversary date thereof during the remainder of the Renewal Term.

The Licensor grants to the Licensee the right to obtain electrical pow'er services from the

Licensor's panel required for the Attachments or any other purpose in connection withthe Licensee's use of the Site, Building or Tower at the rate of Five Hundred Dollars($500.00) per annum, which sum together with any applicable taxes including the HSTand any provincial sales taxes shall be payable annually, in advance, commencing on the

September 1, 2013 and on the an¡iversary date thereof during the remainder ofthe Term.The Licensor shall have the right. but not the obligation, to revise the electrical powerrate from time to time to compensate for increases in energy costs and the Licensee shallpay such increased rate.

The Licensee shall bear all costs related to the installation. maintenance and operation ofthe Attachments at the Site, Building and Tower. Any modifications, additions or

deletions required by the Licensee's installation. maintenance and operation of the

Attachments at the Sìte. Building or Tower shall be carried out at the Licensee's expense.

in accordance q'ith the terms of this License, subject to the supervision of the Licensorand using contractors and engineers chosen by, or, altematively, approved by the

Licensor (as per the Licensor's current policy, subject to change from time to time). plus

the Licensor's administration fee of 17"/o. During the term and at any time thereafter as

required from time to time, the Licensee will reimburse the Licensor for any amount paid

by the Licensor in respect of the installation. maintenance and operation of the

Attachments, including but not limited to any structure analysis performed on the Site-

Building or Tower in anticipation of the installation of the Attachments. The antenna

heights stipulated (if any) are approximate. and this License shall not obligate the

Licensor to install the antennas at the specified heights, if such installation would

interfere w.ith the Licensor's network. or any other existing installation.

In the event that the Licensee installs any additional Attachments at the Site or on the

Tower. without the prior written approval ofthe Licensor as required by this License, inaddition to any other rights the Licensor shall have pursuant to this License or at law'

including. without limitation, the right to cause the Licensee to immediately remove such

2

6.

153

Attachments and restore the Site or Tower, at the Licensee's sole cost, the Licensee shallbe responsible for any additional License Fee charged by the Licensor plus the Licensor'sadministration fee of 17%o, as determined by the Licensor in its sole discretion, and anl'applicable taxes including the Harmonized Sales Tax (HST) and any provincial sales taxwith respect to any such additional Aftachments installed at the Site. from and includingthe Commencement Date, notwithstanding the actual date that such additionalAttachments were installed.

Notwithstanding an)'thing else contained in this License to the contrary, the Licensoragrees that the Attachments will not become fixtures during the term of this License or

any renewal thereof. Upon the expiry or sooner termination of this License, the Licensee

shall remove all of its Attachments from the Site. The Licensee shall conduct such

removal at its own cost without damaging the Licensor's property or the property ofotherlicensees and shall leave the Site in a condition acceptable to the Licensor. If any such

property should be damaged by the Licensee, the Licensee shall be responsible for the

cost of repairing such damage as reasonably determined by the Licensor, plus the

Licensor's administration fee of 17o/o. Any such removal shall be canied out under the

supervision of representatives of the Licensor and in such a manner so as not to intermptthe serv'ices ofthe Licensor or other licensees of the Site. Any property of the Licensee

remaining on the Site ten (10) days after the expiry or sooner termination of this License

shall be deemed to have been abandoned by the Licensee, and shall become the property

of the Licensor or, at the Licensor's discretion. shall be removed from the Site at the

Licensee's expense.

Paragraph 41 of the License with respect to notice to the Licenso¡ shall be deleted and

replaced with the following:

Every notice required or permitted to be given hereunder shall, save as otherwise

hereinbefore specifically provided. be in writing to the party for whom it is intended,

delivered personally or by prepaid registered mail or by telecopier with a copy sent by

mail at the following addresses:

to the Licensee: Kawartha Lakes Fire Rescue9 Cambridge Street NorthLindsay, ON KgV 4C4

Attention: Fire Chief

8.

9.

Telecopier:

to the Licensor:

Attention:

(705) 878-3463

c/o Nexacor Realty Management Inc87 Ontario Street West, Suite 200Montreal. QC H2X 047

Director, Realty Transactions; and

Director, Lease Administration

J

154

Telecopier:

With a copy to:Bell CanadaReal Estate Services1 Carrefour Alexander-Graham-BellBuilding E, Ground FloorVerdun, QuebecH3E 3B3

Attention: Senior Asset Manager Bell Real Estate Services

Telecopier: (514) 840-8404

The date of receipt of any such notice shall, if delivered personally or by messenger, be

the date of delivery or if sent by telecopier. the first (1") business day after sendingthereof. Any parly may from time to time change its address, telecopier number and/orthe name of the person indicated as addressee by notice to the other pafy given as

he¡einabove set forth.

In the event that the Site is owned by the Ministry of Natural Resources and the Licensoris a ground tenant of the Site, the Licensee shall pay during the term or any extensionthereof, in addition to the License Fee set out above, an annual colocation fee ("MNRCo-location Fee") to the Licensor or: upon direction from the Licensor, directly to the

Ministry ol Natural Resources. The annual MNR Co-location Fee for the calendar year

2014, |f applicable, is approximatel.v Five Thousand, One Hundred and Forty Dollars(55,140.00). The MNR Co-location Fee shall inc¡ease annually and shall be in an

amount equal to one hundred and three percent (103%) of the MNR Co-location Fee

prevailing in the immediately preceding year

Except as specifically amended by the terms. covenants and agreements of thisAgreement, all covenants, conditions and agreements as reserved and contained in the

License are hereby ratified and confirmed.

Except as specifically stated in this Agreement, any teÍn which is defined in the License.

shall, unless the context otherwise requires, have the same meaning when used in this

Agreement.

The Licensee agrees that it shall not register this Agreement.

(s 14) 840-8404

10.

t1.

t2

13.

14. The parties agree to execute such further and other agleements from time to time as may

be reasonably necessary in order to give effect to this Agreement.

4

155

15 This Agreement may be executed in several counterparts and delivered by facsimile orpdf copy. each of *-hich w-hen so executed shall be deemed to be an original and suchcounterparis together shall constitute one and the same instrument.

This Agreement shall enure to and be binding upon the parties and their respectivesuccessors and assigns.

Unless the context requires otherwise, words importing the singular include the pluraland vice versa and words importing gender include all genders.

The provisions hereto shall be interpreted according to the laws of the Province ofOntario.

The invalidity or unenforceability of any provision of this Agreement shall not affect the

validity or enforceability of an.v other provision, but shall be deemed to be severable.

16

17.

18.

19.

[s ig n at ur e p a ge fo I low d

156

IN WITNESS WIIEREOF the parties have duly executed this License Conhrming andAmending Agreement as of the date fi¡st above written.

BELL CANADA

Per:

Name:Title:

I harc authoritl to bind (he Corporation.


Per:Name:Title:

Per:

-IOROl:5462810: v1

Name:Title:

l/We have autho¡iB to bind the Corporation

157

The Gorporation of the Gity of Kawartha Lakes

Council Report

Report Number FIRE 2014-003



Subject: Fire Protection Agreements-Municipality ofTownship of Selwyn

PAuthor/Title: Pat Twohey, Deputy Chief Signature:

Recommendation(s):

RESOLVED THAT Report FlRE2014-003, "Fire Protection Agreement with TheMunicipality of Trent Lakes and The Township of Selwyn and", be received;

THAT the Fire Protection Agreement between the City of Kawartha Lakes andthe Municipality of Trent Lakes be approved;

THAT the Fire Protection Agreement between the City of Kawartha Lakes andthe Township of Selwyn be approved;

THAT the Mayor and Clerk be authorized to execute any documents andagreements required by the approval of these agreements; and

THAT the By-laws, substantially in the form attached to Report FlRE2014-003 be

fonruarded to Councilfor adoption.

Trent Lakes and

>a*,\

Department Head:


Ch ief Adm in istrative Officer:

158

Report #FIRE-2014-003Fire Protection Agreemelt:

Background:

A fire protection agreement is a contract between the participating municipalitiesìnvolved, clearly defining the responsibilities, terms, conditions and all otheraspects of the fire services purchased, provided and/or required.

Rationale:

Automatic Aid is an agreement under which a municipality agrees to provide orreceive an initial response to fires, rescues and emergencies that may occur in apart of a municipality where a fire department is capable of responding morequickly than any fire department situated in the other municipality. An automaticaid agreement allows for providing a predetermined coverage for specific areasat a reasonable cost recovery for services rendered. Agreements are designedto provide and/or receive assistance from the closest available resource,irrespectlve of municipal boundaries.

The Municipality of Trent Lakes (formerly The Township of Galway Cavendishand Harvey) and The Township of Selwyn (formedy the Township of SmithEnnismore Lakefield) are existing automatic aid agreements with the City ofKawartha Lakes that are being amended with minor changes to incorporate thename changes of the municipalities.

Other Altennatives Considered :

Fire Service agreements are an option for delivering specific fire suppression andrescue services.

Financial Gonsiderations:

The existing agreements with the Municipality of Trent Lakes and the Townshipof Selwyn are included in the Department operating budget.


This report does not directly impact or align with a specific Strateg¡c Priority

Attachments:

Appendix A Bylaw Municipality of Trent Lakes

E'l.:]FIRE2014-003

AppendLx A Bylaw Trc

159

Appendix B Bylaw Township of Selwyn

ø;ì--iJ

FIRE2o14-003Apændix B Bylaw Sel

Appendix C Agreement Municipality of Trent Lakesq-

rraezòi+-oo¡Appendix C Trent

Appendix D Agreement Township of SelwynEã.

,Å-FrRE2014-003

Appendix D SeWn A

Phone: 705-324-5731

E-Mail : ptwohey@city. kawarthalakes.on.ca

Department Head: Mark Pankhurst

Department File:

Report #FIRE-2014-003Fire Protection Agreements

Page 3 of 3

160

THE CORPORATION OF THE CIry OF KAWARTHA LAKES

BY-LAW 2014-

A BY.LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENTBETWEEN THE CORPORATION OF THE MUNICIPALIW OF TRENT LAKESAND THE CORPORATION OF THE CITY OF KAWARTHA LAKES FOR FIRE

PROTECTION SERVICES

Recitals

1. A Fire Service Agreement with the Corporation of the Municipality of TrentLakes and the City has been negotiated and the terms have been approvedby Council.

2. The City will provide Fire Service to a portion of the Municipality of TrentLakes as per the terms of the Agreement.

3. The Terms of the Agreement must be formally approved by the Council.

Accordingly, the Councíl of The Corporation of the CiÇ of Kawartha Lakesenacts this ByJaw 2014-

1.01 Definitions: In this by-law,

"City", "City of Kawartha Lakes" or "Kawartha Lakes" means TheCorporation of the City of Kawartha Lakes and includes its entiregeographic area.

"City Clerk" means the person appointed by Council to carry out theduties of the clerk described in section 228 ol lhe Municipal Act, 2001 .

"Council" or "City Council" means the municipal council for the City.

"Fire Chief' means the person who holds that position and his or herdelegate(s) or, in the event of organizational changes, another persondesignated by Council.

"Mayor" means the Chief Executive Officer of the City.


(a) The Schedules attached to this by-law form part of the by-law, andare enforceable as such.

(b) The words "include" and "including" are not to be read as limitingthe meaning of a word or term to the phrases or descriptions thatfollow.

1.03 Statutes: References to laws in this by-law are meant to refer to thestatutes, as amended from time to time, that are applicable within theProvince of Ontario.

1.04 SeverabilÍtv: If a court or tribunal of competent jurisdiction declares anyportion of this byJaw to be illegal or unenforceable, that portion of this by-Iaw shall be considered to be severed from the balance of the byJaw,which shall continue to operate in full force and effect.

161

2.01 Approvals: The Fire Service Agreement appended to this By-law asSchedule "4" is approved.

2.02 Authorization: The Mayor and City Clerk are authorized to sign theAgreement appended to this ByJaw as Schedule "4", and to affix theCity's corporate seal to them.

3.01 Administratíon: The Fire Chief is responsible for the administration ofthis by-law.

3.02 Effective Date: This ByJaw shall come into force on the date it is finallypassed.

By-law read a first, second and third time, and finally passed, this 8th day of April2014.

Ric McGee, Mayor

El'-

Trent Lakes FireService AgreenÊnt.p,

Judy Currins, City Clerk

162


BY-LAW 2014-

A BY.LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENTBETWEEN THE CORPORATION OF THE TOWNSHIP OF SELWYN AND THE

CORPORATION OF THE CITY OF KAWARTHA LAKES FOR FIREPROTECTION SERVICES

Recitals

l. A Fire Service Agreement between the Corporation of the Township ofSelwyn and the City has been negotiated and the terms have beenapproved by Council.

2. The Township of Selwyn will provide Fire Service to a portion of the City ofKawartha Lakes as per the terms of the Agreement.

3. The Terms of the Agreement must be formally approved by the Council.

Accordingly, the Council of The Corporation of the City of Kawartha Lakesenacts this ByJaw 2014-

1.01 Definitions: ln this byJaw,

"City", "City of Kawartha Lakes" or "Kawartha Lakes" means ÏheCorporation of the City of Kawartha Lakes and includes its entiregeographic area.

"City Clerk" means the person appointed by Council to carry out theduties of the clerk described in section 228 of fhe Municipal Act, 2001 .

"Council" or "City Council" means the municipal council for the City.

"Fire Chief'means the person who holds that position and his or herdelegate(s) or, in the event of organizational changes, another persondesignated by Council.

"Mayor" means the Chief Ëxecutive Officer of the City.


(a) The Schedules attached to this by-law form part of the byJaw, andare enforceable as such.

(b) The words "include" and "including" are not to be read as limitingthe meaning of a word or term to the phrases or descriptions thatfollow.

1.03 Statutes: References to laws in this by-law are meant to refer to thestatutes, as amended from time to time, that are applicable within theProvince of Ontario.

1.04 Severabilitv: lf a court or tribunal of competent jurisdiction declares anyportion 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.

163

I2.01 Approvals: The Fire Service Agreement appended to this Bylaw as

Schedule "4" is approved.

2.02 Authorization: The Mayor and City Clerk are authorized to sign theAgreement appended to this ByJaw as Schedule "4", and to affìx theCity's corporate seal to them.

3.01 Administration: The Fire Chief is responsible for the administration ofthis by-law.

3.02 Effective Date: This By-law shall come into force on the date it is finallypassed.

By-law read a first, second and third time, and finally passed, this Bth day of April,2014

Ric McGee, Mayor

@..L

Township of SeWnFìre Service Agreene


164

Schedu¡e "A" to By-Law Nuaber BZo )\ ' o 61Fire Service Agreement - lrent Lakes

-.á ¿- |THIS AGREEIVENT rna.ie rn duplicate this : clay of )tpi. ^ b. r 2013

BETWEEN:

THE CORPORAT¡ON OF THE CITY OF KAWARTHA LAKES

Hereinafter called "Kawartha Lakes"

AND:

THE CORPORATION OF THE MUNìCIPALITY OF TRENT LAKES

He.e¡nafter called "Mun¡cipal¡ty",

WHEREAS, subseciion 2(6) af ihe F¡re Protection and Prevent¡on Act- 1997,S-O. 1997, c. 4, authorìzes a municipaliiy ìo enter into aulomatic aid Agreemenls wÌth othermunicipalities io provide and/or receive fire protectron services;

AND WHEREAS, Kawarlha Lakes operates fire proteciion services aodmanages assets suit¿ble to meei munrcipal responsibilities required by the F¡re Prateciian andPreventøn Act, 1997 through a fire departmeni situêled within cÌose proximity of porlons of theGeographic lVunicipalily of Galway- Cavendish & Harvey;

AND WHEREAS, 'Kawartha Lakes' is prepared to make available fire proiectionserv¡ces to the ltlun'cìpality and the N4unicipalìty is agreeâbie año requests Kêwartha Lakes top.ovide fìre prcteciion services to deíjned areas wiihin the boundaries of the Geogrêphicl\runicipalily oT Trent Lakes;

NOW THEREFORE. in consideraiion of lhe mutual covenants- condiiions.consider¿lions and payments hereìn contâined, the "MunicipalìÌy' and "Kawariha Lakes' mutuallyêgree as follows:

I. DEFINITIONS

In this Agreement. unless the coniext otherwise requires,

a) "Chief F¡re Off¡c¡al" means the Chief of the Mun¡cipalí|y DepañmenÍ or h¡s or herdesignate

"Designate" means \he person v.,/ha in the absence of the Fire Ch¡ef or ChieîFire Oif¡cial ls ass¡gned by the Fire Ch¡ef ar Chief Firc Oîficial, as Ihe case maybe. ta be in charge af a pafticular act¡v¡U afthe respective patly's f¡redeparfmenL and vJho ha6 the sañe powers and authorily as lhe Fire Chieî orCh¡ef F¡re OfÍic¡aldur¡ng highet respective absence.

''Fire Deparlment" meens ihe K¿waftha Lakes F¡re Rescue.

"Fhe Ch¡ef'means the Chief of the F¡re Deparfment or his or her duly aulhor¡zed

"Fire Proteciion Area- means allthe area in Íhe Geagraph¡c Munìc¡palítyof TrentLakes, as descìbed ¡û Appendix A" altached ta and form¡ng patT of th¡sAgreemenl.

''F¡re Proþcfion Serr'¡ces" means and ¡ncludes only the fallouting:1) fire supptession2) hâzardous mater¡al incidenïs3) search and rescue operalíons4) tûed¡cal assisfaûce5) extticat¡on sery¡cès6) firc cause and determ¡naí¡on and ¡nvestigef¡on ¡n canjuncÍion vtith the ChiefF¡re Offrc¡al.

c)

d)

FIRE AREA

lhe Frre Departñent will sLrpply, except as hereinafter limiied or excluded, "FireProteciion Servìces" to ihe l\,,lunicipalit jn the Fire Frotection Area. save end exceptthât in the event of a rnalor fire in other areas within M unic¡pa lity jurisd

'ctìo n but not in

the Fire Protection Area, lhe Fire Department hereby agrees to êssist by mutual aid-

the N4unicipalìty, w¡th no consideralion for remuneratìon, when requested-

ln the evenl of a mãjorfire within the geographic boundaries ofihe City of KêwârlhêLakes, the Mun¡cipality agrees to assisl by mutu¿l aid. Kawarth¿ Lakes, with nocons¡deration for remuneÉtioD when ¡equested

165

FIRE PROTECT¡ON SERVICES

a) -fhe Fire ProteciÍon Seruices p.ovrcjed unCer ihis Agreemeni shall be âuihorizedíor ìhe fìrst response rn the areas oí the lVunicìpality oullined in Appendix 'Arefered'. lf the Fire Depa.tmeni ìs ihe lrst on lhe scene of an occurence withinihe Fire Protection Aree. then the Fire Depañment shall assume respo nsibility forthe delivery of Fire Proteciìon Services unt¡lthe Municipality Fire Departmeniarrjves, ei which time the Municipa¡ity Fire Department shall assume.esponsibility for same. lf upon arrivalofan offìcer from The Fie Departmenl inthe Fire Proteclion Area, it is determlned that the "emergencf cannol beconirolled within a 1 (one) hour time frame, lhen the Chief Firc Offrcial shall benotfied and personnel and apparatus may be dispatched from the [runicipalityFire Department io ejiher replace or assrsl ihe fìrst response from the FieDeparlmeni at the discretion of the Chiel Fire Oíficial The Municipahty FireDepa.tmeni. upon arrival aL the scene, shall assume control and responsibìlity forthe occurence and dealing wìth other matters pertaining thereto. TheMunicipality Firc Department will be responsible íor aranging for additionalassislance ihat may be required. The Fire Dep¿rtment shall remain on the sceneonjy at ihe request of the Chief Fire Official or his or he. des¡gnale of theMunic¡paliiy Fire Department. lf the Chief Fire Offìcial requests that eÌtherequipment or peßonnel or boih remain at the scene then the assislance shall beconsidered as muiual aid. ln the eveni ofthis lakrng pìace the Fire Deparlmentshãll invorce the N4u nicipaLjfy for 2 (t\ro) hours of the rate set out in Appendix "8_

atlached hereto and formÌng pa¡Îof this AgreementThis shall only apply to theFrre Protection Area âs described in Appendix'A'-

b) The Fire Ch'eí shall notify ihe Chief FÌre Oílìcial ofany supplied Fire ProtectionSeNices as soon as possibLe by notiíyrng the [4unicipalily dispetch seNice.

FIRE DEPARTMENT AUTHORITY

a) The Fire Ch¡ef may refuse to supply Fie Proiection Services in the FirePrciection Area I tbe personnel. apparalus or both are commÍtled io aoemergency response situation in the Ciiy oi Kawartha Lakes. Similady, the FircChief may orderthe retum of personnel. appêratus or both. that is responding toor at lhe scene of an occurence in lhe Fire Protection A-rea No liabil'ty shallatlach or êccrue to the Fi.e Departm eni for fa'Ì¡ng to supply to the IVunicipeìity onêny occasíon the said Fi¡e Protection Services provìded for ¡n this Agreement. lfê situalioû occurs, such as cjescribecj above- The Fire Chief shall immediatejynotify ihe Ch'ef Fire Ofñcial and take such reasonable aciion as is necessâry inhìs or her sole discreiion to afleci the trânsfer of responsibility for ihe occurrencefrom the Fìre Department to the Municipality Not withstanding the above. if theFire Department is on the scene and due to oiher considerations the l\¡unicipalityis unable to attend ihen the Fire Depârtment shall remain ùntil ihe event hasbeen term¡nated ln ihis event. then ihe invoicino shall be as described ¡nAppendix B.

b) The Fire Chief will lêke whatever reasonable action is necessary in hß or hersole dìscretion 10 ensure ihat only the required number of f¡re fìghting personneland apparatus attend and remain at the scene oi the fire.

c) -fhe F're Department shalT immedÍately noiiíy the N¡unicìpality Fire DepartmentdÌspatch of êny supplÍed Fie Protectìoñ Services in the Fire Protect¡on Area.

MUNICIPALITY RESPONSIBILITY

a) The Nlunicrpality shall be responsible íor noìäying, ìn the manner ênd lo theexïent deemed necessary- residents and occupal,ts o:f Ihe Fie PrcÍection A.ea,of procedures for reporting an emergency and of the services provided by iheFire Depa!1ment.

PAYMENT

The Municipalily agrees to reimburse to Kawartha Lakes, payment in lhe mannerand amounts estâblished in Appendix "8'.

The F¡re Proiecûan and Preventian AcL7997. sh¿ll be enforced rn lhe FireProiection Are¿ and will be invojced a1 an hourly rate of 575.00 upon requesì bythe Chief Fire Omcìal

TERM OF AGREEMENT

a) This Agreemeût shall lake effect on January '1. 2013 and expire al midnighl onDecember 31, 2015. This agreement will automatically renew ¡lself

166

IERMINAT|ON and AMENDMENTS

e) ThÌs Agreeinent shall be reviewed every three years provÍded that eiiher partyshaìl bâve the righi to terminate ihe Agreemert at any time on giving the otherparly al leasi 180 (one hundred and eighty) days notice, iñ wr¡fing. of its intentionto do so and lhis Agreemeni will coniinue in íorce until a new Agreemeni ¡snegotÍaied

b) Th¡s Agreement may be amended at a¡y tlme by the mutuêl agreemeni oí thepafties. after the party desiring the amendment(s) gives the other pady arninimum oi slxty (60) days writteñ notrce of ihe proposed amendmeni(s).

DISPUTES

a) lf any dìspute arises beh,veen the parties lo 'thjs Agreement, respecting anymatter contaìned in this Agreement, including. but noi lirniied to the interpretatio¡ofthìs Agreemeni- which dispute cannol be resolved by formal mediation, thesame shall be submifted to arbitratron under provision oí the MuricþalArbifrattons Ac|, R.S.O 1990,c M.48 and the decision rendercd in respect ofsuch proceedings shall be final ênd binding upo¡ the pariies to this Agreement-

b) ìfÍor any reason the said arbitretion cannot be conducted pursuanf to theprovisio¡s o{ the Mu,?rcipal AúÌtrafíÕns Aci,lhen the pa.t¡es hereto shall agree tothe selection of ê single arbitrator. and jn ihe absence ofAgreement, sucharbilrator shall be appointed by a judge of the Supreme Court of Ontano pursuenlto the provisions of lhe Arb¡irafions Acl, 1997. S.O. 1991, c.l7 or pursua.rl to anysuccessor ìegisiailon thereto-

LIABILITIES

a) No liability shall attach or accrue io Ka\¡/adha Lakes or Íis fìrefìghiers anC each ofthem shall be held harmless and indemnifìed Jrom any th¡rd parly âciion for anynegligence or breach of a duty iJìposeC by la,/v to third parties as a result of thela\,!,ful execulion of the term s of ihis Agreemenl save and except for any claimsarisìng from the operation of a J¡censed moìor vehicle

b) No liability shall attach or accrue to ihe I\¡unicipality by reason of any injury ordamage sustained by peßonnel, appaÉtus, or equiptnèr,l o11l,e F¡rc Depertmeû¡while engaged in the provisio.t of F¡re Prctectian SeYices¡n1he F¡re Prclection

SEVERABILITY

ê) ln the event that any covenani, provtsioñ or term of this Agreement should at ¿nytime be held by a court or competent tr¡bunal to be void or unerìforceable, thenthe Ag¡eement shall not fail but the coven¿nt, provision or term shall be deemedto be sêverable from the remêinder of this Aoreement which shell remain rn fullíorce and effect muiatis mutandis-

b) The padies he¡eìo agree ihai they shall pass aìl necessary by-laws to gtve fullíorce and efect to ihis Ag¡eemeni.

INSURANCE

a) The Municipaiity shaìl maÌntarn in force a policy or polÌcies of insurancelhroughoul the term ofthe Agreemenì ¡nsuring for the joìnt benefìt of KâwarihaLakes ancj the N¡Lrnicipality against any lìability that may arise- Such policy orpolÌcies shali cêrry ljmits of liability in an amount lo be specified by KawañhâLakes, l)ut in no eveni to be less thal fjve million dollars (55.000,000.00)incÌusive comprehensÍve general liability, shaìl contain a across liabilìù clause,ând shall include the Corporation oflhe Cjty of Kawartha Lakes es an additionalinsured.

b) Kawâ'1ha Lakes shall marntâin in force â polìcy or po|cies of insurancethroughout the term of the Agreement insudng for lhe joint benefit oftheI\'1unicìpality and Kawadha Lakes against any liabi{¡ty that may arise. Suchpol¡cy or policies shêll cêrry imits of liêbility Ìn an amount to be specifìed by theN4unicìpality, but in no event to be less that five miìlion dollaß (55,000,000.00)inclusive comprehens/ve general liabÌlity, shall contain a cross liability clause.and shall include the Corporatìon ofthe MunicÌpality of Trenl Lakes as anaddÍlional i¡sured-

c) Kawêrtha Lakes and the Municipality acknov¿ledge ihat Kawartha Lakes' policyof rnsurence will not insure the MunicÌpalitys fìre egûipment, property autos oriiability while on propeñy owned or la\r.fully occupied by Kawartha Lakes-Similarìy, the MunicÌpality's policy of insurênce w¡ll not cover loss to ihe Fiae

Department equipment property, autos and liability wh¡le on Mu¡icjpafityoropeity.

167

IN WITNÊSS WHEREOF the said Corporations have hereunio affixed their corporateseals cjuly attested by the hands of their proper offcers

IHÊ CORPOR-ATION OF THECITY OF KAWARTHA LAKES

THE CORPORATION OF THEMUNICIPALITY

OF TRENT LAKES

168

|he Fire Protection Areâ. for ihe purposes ofthis Agreemeni. shâtt be defined as:

1) Fire Protect¡on Area

Al,ly area in the M¡rn¡cjpêlìty that this agreement covers forfirsi response and whereKawartha Lakes has Superior Tanker Shuttle âccreditaÌìon. then the lì,lunicipaliiy will alsobe covered by this accredìtêtion. The geog¡aphic area ofthe Municipality to vvhich thisAgreement shêLI apply and to which Fie Protectìoñ Services will be supplied by KawarthaLakes ¡s as follows;

Countv Road #36

All propedies in the I\,4unicipality north oí Couniy Roac + 36 in Lots 24 to and includingLot 32, concessions 12 io anci includ¡ng Concession i9 AND Concessions l3 to añdincluding 1S Lot 23 AND concessions '14 to and includ'ng Concession '19 Lot 22 ANDConcessions l4 to and including Concession 19 Lot 21 in the Harvey Ward

Alì properlies which are located on any ¡lunicipal road and/or Fre Roules leading off oiQuarry Road and Tate's Bay Road. in lhe Municipality noñh and south of County Road #36 in the Harvey Ward

AND

Ali propertjes iû concession 1,2 3,4-Lols9,10,11,12&l3whrcharecottagelotsrnlheareå of Bass Lake in the Galway Cavendish Ward-

Bush Fires north ofthe second (2"d) bridge on Bass Lake Road - perm¡ssion rôust beobtained from ihe Ministry of Naiural Resources to gc deeper than 600 ft. (ft¡inislry ofNatural Resources - 1-705457-2107). This is all "Crcwn P.otectìon Area" and theMinistry of Natural Resources rates will becorne the rate of pâyfor duration of fires inbush jn all Crown Protection Area of lhe Northwest portion of the Mûnicipality. lf approvâiis ¡ot oblained lo suppress the bush fÌre no invoicing can be done. A copy of N4.N.R.rates js altêched to the "Fire Agreement".

Bobcâvoeon Road

All properties in the Nlunicipalily located on the e¿st side of Bobcaygeon Road

Countv Road # 503

All propeÍies in the I\¡unicipaìily from the Kawartha Lakes boundary on County Road #503 lo and ìncluding Fire Roules 374 A, B and C. Fire Route 375

Re¡d Street

All propedies in the ÀlunÌcipêliïy from County Road # 503 to and includìng Number 109on Re¡d Streel-

Countv Road #49

This is lhe wesie y boundary and i¡cludes all properiies to the east- Ihe lasi includedpropeiy in the "Fire Area'is Fire Roule'129 which is just north ol Bury Green Road(formerly CoLJniy Road # 36)-

Once again ihe first 600 ft is parl oi lhe "Fire Areâ' anylhing deeper into the bush is'Crown Proiection Area" and permission is needed írom the Minisùy of NaiuralResoutces.

Areas ln Attached Maos

Areas covered byformer Municipality of Somervrlle maps attached- AppendiÌ "A-2'& "A-3".

Personnel and AÞoaratus

-Ihe apparâtus and personnei ofthe Fire Departrnent ihat will respond to occùrrences, asoutlined in 1 (f), in the Fire Protectìon Area- at the discrei¡on ofthe Fire Depariment FireCh¡ef or his designale shall depend on ihe type of occurrence based upoñreasonableness and generally accepted flre safety praclices

169

!",r ::;ía

171

Siand by Fee: 57,000.00 per year pard half durinE January and the rcmaining hêtlduring June of each year this Agreer¡ent is in effect.

Callout Fee: $1,200-00 per hour or pêri thereoÍ, after ihe firsÌ hour time incremenisshall be invoiced by ihe halí hou. ($600 00), for any cells within the firearea". No additional cosi for manpower shall be Ìnvorced. ln the evenl 01

extendecj calls thefe shall be a 2 (hvo) hour maxìmum fee for service- Inthe eveñf of a response thal lhe N¡unjcipalÌty is un¿bie to atlend dLre loolher siiuations ihen the Fìre Depa¡1menl' shal be responsible for thrsiôcident and the invoicing shall refeci êll êpp.opriated manpower andequipmenl for lhe duration of ihe ìncideot.

l\¡anpower Feei Nil

172

Between:

and

The Corporation of the C¡ty of Kawartha Lakeshereinafter called "The City"

Whereas, the Fire Protection and Preveni¡on Act, 1997 S.O. 1997, c. 4.sect¡on 2 (5), as amended, staÌes that a municipality may, under suchconditions as may be specifed in the agreement, enter into an agreemenl, toprov¡de such fÌre protection services as may be specifed in the agreementto ìands or premises that arè siluated ouiside the territorial limits of themunicipality, and receive such fre protection services as may be specifìedin the agreement from a fre department situated outside the territorialIimiis of the munic¡pality; and

Whêreas, it is deemed âppropriate to enter into ân agreement bet\/een thesaid parties relative to the use of certain fire fghting equipment or anyof it of the said Townsh¡p of Selwyn within lhe described fire area of the said City ofKawartha Lakes;

Now Therefore, ¡n consideraiion ofthe mutual covenants and agreementsherein contained. it is mutually agreed between the parties hereto, asfollows:

1. ln this Agreement,

(a) "F¡re Protection Area" means all the areas of the Cìty of KawarthaLakes as outlined in Appendix l, attached to and forming part of thìsagreement.

(b) "Designate" means the person whom. in the absence of the fire chief. isassigned lo be in charge of a pariicular activity of the fìre deparimeni. andwho has the same powers and authority as the fre chief.

(c) "Fire Protection Services" means and includes only the followingoccurrences:

(l) flre suppression(2) efrication services(3) water and ice rescue(4) medical assistance responses

2. The City hereby authorizes the Township lo answer calls for Fire protection Servìcesin the Fire Protection Area as provided for in this agreement.

3. The Township wìll supply, except as hereinafter limited or excluded, Fire protectionServices to the City, in the Fire Protection Area as described in Appendix 1.

4. lt is the responsib¡lity of each îre department to ensure lhat the other party is¡mmediate¡y contacted through their rad¡o dispatch of an emergency ¡n the fìreprotect¡on area

5. The apparatus and personnel of the Township that wìll respond to occurrenÇes, asouilined in 1 (c), in the Fire Proteciion Area. at the discret¡on of the Township FireChief or his designate shaìl depend on the type of occurrence based uponreasonabìeness and generalìy accepled fÌre safety practises, are as follows:

F¡re Protect¡on Serv¡ces Agreement

The Corporation of the Township of Selwynhereinafter called "The Township"

173

(a) One (1) tr¡ple combination pumper capable of delivering 625 gatlons perminute at 150 PSI and equipped according to ULC specifications S515, with aminimum offour (4) lre lghters includìng an offlcer and/or,

(b) One (l ) additional triple combination pumper capable of delivering 625gallons per minute at 150 PSI and equipped according to ULC specificationS5l5 with a min¡mum of two (2) fire lghters including an officer andlor,

(c) One (1) Rescue Van equipped with exlricaiion tools, emergency fre aidsupplies, water and ice rescue suppl¡es, lre suppression supplies andcommand post and communication equipment with a minimum of two (2) Íref¡ghters and/or,

(d) One (1) Rescue Boat equipped for water and/oÍ ice rescuewith a min¡mum of three (3) flre fighters and/or.

(e) One 280o-gallon tanker, able to supply water ¡f and when deemed neededwith a minimum of (2) fire îghters.

The Townshrp will take whatever reasonable action necessary to ensure that onlythe required number of fre fighting personnel and apparatus atiend and remainat the scene.

6.a) The Township shall be authorized to provide Fire Protection Services, as deÍned,to the Frre Protect¡on Area under this agreement as outl¡ned in Appendix 1

attached hereto and forming part of lhis agreement.

lf upon arrival, an Officer from the Townsh¡p determines that the emergencycannot be controlled w¡th¡n a .1(one) hour time frame, then a City Fire Offlc¡alshall be notified and personnel and apparatus may be dispatched from the City loeither replace or assist the flrst response from the Township at the discretion ofthe City Fire Offìcial. The City. upon arrival at the scene. shall assume controland responsibility for the occurrence and dealing with other matters pertain¡ngthereto. The Cityw¡ll be respons¡ble for arranging for addiiional assistance thatmay be required The Township shall remain onthe scene onlyaithe request ofthe City.

b) The Township shall notify the City of any supplied fre proiection services within a24 (twenty-four) hour time frame from the conclusion of the response by adesìgnated fax or email.

7. ln the event of a major îre in other parts of the City not included in the FireProtection Area, the Township Fire Depârtment agrees to assist the City FireDepartment upon the City's request, in the form of mutual a¡d w¡th no considerationfor remuneration.

ln the event of a major fÌre in the Township, ihe City Fire Department agrees toassist the Township Fire Department upon the Ïownship's request in the form ofmutuaf a¡d with no cons¡deralion for remuneralion.

8. The City or Township may refuse to supply F¡re Protection Serv¡ces in the form oflvlulual Aid. if the personnel, apparatus and equipment are required in the City orTownship or elsewhere under other agreemenls. No l¡abrlity shall attach or accrueto the C¡ty or Township for failing to supply 10 the C¡ty or Township on any occasionor occasions.

9. From time to time ihe City or Township Fire Department might fnd itseìf respond¡ngto an emergency inc¡dent in an area for whose protection another municipality islegalìy responsible.

174

a) The respondìng frre department, if called forthewrong area, shall proceedimmedialely to the scene and fofthwith noiify the department having jurisdictionand stay on scene until the department having junsdìction arrìves. ensuring thattheir own area of iurìsdiction is not jeopard¡zed to any extenl.

b) As soon as the fre department having jurisdiction arrives on the scene they shallbe in charge, regardless of the rank of the members of the department providinginìtial response.

c) Neither municipaliiy shall request from the other reimbursement of any expeßseor cost incurred for the use of equipment. loss of or damage to equipment,wages, beneflts, etc.

d) No liability shall attach oraccrueto either the City or Township or its freflghterswhen responding to such circumstances-

10. The City wiìl be responsible for establish¡ng and notifying in the manner and to theextent deemed necessary, residents and occupants of the Fire Protect¡on Area ofthe procedures for reporting an emergency and of the services provided by theTownship Fire Department.

11. No lìability shall attach or accrue to the City by reason ofany injuryordamagesustained by the personnel, apparaius, or equipment of the ''fownship FireDepariment" while engaged in ihe provision of ire Protection Services in the FireProtection Area.

12. No liability shall attach or accrue to the Township, or iis fire Jìghters and each ofthem shâll be held harmless and ¡ndemnifed from any third pârty act¡on for anyneg¡igence or breach of a duty imposed by law to thtrd parties as a result of thelawful execution of the ierms of this agreement, save and except lor any claimsarising from the operation of a licensed motor vehicle.

13. In consideration of the Fire Protection Services undertaken by the Township to beprovided in the Fire Protection Area, the City shall pay to the Township fees as setout in Appendix 2, attached to and forming part of this agreement.

14. This agreemeni shall be reviewed every three years. provided that either party shallhave the right to terminate lhe Agreement at any time on giving the other party atleast 180 (one hundred and eighty)-days notice, in wrùing, of its inteniion to do so,and this Agreement w¡ll continue ìn force untìl a new agreement is negotiated.

15. Notwithstand¡ng Seciion #14, the agreement may be amended by the mutualwritten consent of the parties after the party desiring the amendment(s) gives theother party sixty (60) days written notice of the proposed amendment(s)

16. In the event of any unresolved dispute between lhe padies to this agreemenl or anyof them, with respect to any matter conta¡ned in lhis agreement, including but notIimited to the interpretaiìon of this agreement, ihe same shall be submitted toarbitraiion. The parties hereto shall mutually agree to the selection of a sÌnglearbitrator whose decision rendered in respect of such proceedings shall be lnal andbinding upon the pariies to this agreement. The costs of arbitration shatl be splitequally between the two parties.

17. Severab¡l¡tyThe ¡nvalidiiy or unenforceability of any prov¡sion of this Agreement shall not affectthe validity or enforceability of any other provision.

18. Governing LawThis Agreement will be consirued in accordance with the laws of the province ofOntario and the laws of Canada applicable therein.

175

19. Entire AgreemêntTh¡s Agreement conslitutes the entire agreemeni of all the parties with respect tothe subject maäer hereof and, except as stated ¡n this Agreement and in theinstruments and documents to be executed and delivered pursuant to tt, contains allof the representations, undertakings and agreements of all partìes respecting thesubject matter. There are no representations, undertakings or agreements of anykind between all ihe parties respecting the subject matter hereof excepi thosecontaìned in ihis Agreement.

20. Non-WaiverA failure to enforce any provision of this Agreement or a waiver by the Coryorationof the City of Kawartha Lakes of any breach hereof shall not operate or beconstrued as a waiver of any continu¡ng or subsequent breach of this Agreemenl bythe Townsh¡p of Selwyn nor shall any delay or omission of the Corporation of theCity of Kawartha Lakes to exercise any r¡ghts arising from such breach affect orìmpair the Corporation of the City of Kâwartha Lakes right as io such breach or anysubsequeni breach.

21. lnsurancea) The Township shall maintain in force a policy or pol¡c¡es of insurance throughout

the term of the agreement insuring forlhe joint benefit of the Crty and theTownship aga¡nst any liabiliiy that mây arise. Such policy or policies shall carryìimits of liabiliiy in an amount to be specifled by the City, but in no event to beless than f¡ve mill¡on dollars (S5,000 000.00) inclusive comprehensive generalliability, shall contain a crossjiability clause, and shatl include the Corporation ofthe City of Kawartha Lakes as a named insured.

b) The City shall mainiain in force a policy or policies of ¡nsurance throughout lheterm of the agreement insuring for the jo¡nt beneflt of the Township and the Cityagainst any liability that may arise. Such policy or pol¡cies shall carry l¡mits ofliãbility in an amount to be specifled by the Township, bul in no event to be lessthan five mìll¡on dolìars (95,000.000.00) inclus¡ve comprehensive generalliability, shall contâin a cross-liability clause. and sha¡l ìnclude the Township as anamed insured.

c) The City and the Township acknowledge that the City's policy of insurance wi¡ìnot insure the Township Fìre Departrnent's equipment, property, autos or liabilitywhile on the City property. Similarly the Townshrp's policy of rnsurance will notcover loss'io the City equipment, property, autos and liability wh¡le on Townshipproperty.

22. Effect¡ve Date

ïhis agreement shall come ¡nto full force and effect on Jan uary 1,2014.

ln wìtness whereof the parties have hereunto affixed the signatures of the¡r dulyauthorized offìcers togelher with their corporate seals.

Corporat¡on of the City of Kawartha LakesDate Sig

Mayor ol the City of Kawartha Lakes

Clerk of the City of Kawartha Lakes

176

Corporation of the Township of SelwynDate Signed: ¿'l 7 -. 7-i I

I)", . r L ,-L/t- '................|/Clerk of the Township of Selwyn

177

Appendix I

To the Township ol Selwyn - City of Kawartha Lakes Fire prolect¡on Agreement

Fire Protection Area Coveraoe

As per the attached map.

178

Geographic Township of Emily

+

+

+

ã

É.

(u

Ê0

wn

11 ++1+ + +

1++++'tj ++l+ + ++ + +f-

ritI + +ll+ + l+tJ + +ji+

+++t

+++++++++++++++++++'+

Pigeon

Lake

179

Append¡x 2

To the Townsh¡p of Selwyn - C¡ty of Kawartha Lakes Fire prolection Agreement.

Fee Scheduìe

Stand by Fee: 54.000.00 per year paid quarterly. one quarter due March 31, June30, September 30 and December 315 of each year this Agreementis in effect.

Callout Fee: The charge for eaÇh unit responding to an occurrence shall be FourHundred and Fifty Dollars ($450.00) for the first hour and TwoHundred and Twenty Five Dollars (9225.00) per hour for each hourthereafter.

Callout fees to be b¡lled 1o the City Fire Department quarterly ofeach year this Agreement is in effect.

180


Gouncil Report

Report Number LM20l4-009

Date: April 8,20'14Time: 2:00 p.m.Place: Council Chambers

Ward Community ldentifier: 12

Subject: Acquisition of Land for Recreational Trail Purposes

Diane McFarlaneLand Management Co-ordinator

Recommendation(s):

RESOLVED THAT Report LMO14-009, Acquisition of Land for RecreationalTrail Purposes, be received;

THAT Council approves the donation of lands legally described as Part of ParkLots U1 and D2, Registered Plan No. 8p and Part of theElt2 of Lot 18,Concession 6, Geographic Township of Ops, City of Kawartha Lakes, being PIN:63238-0086 (LT) and shown as Part 1 on the preliminary Reference Plan datedOctober 3,2013 prepared by Coe, Fisher, Cameron, Ontario Land Surveyors andattached to Report LM2014-009 as Appendix A for the purposes of a recreationaltrail;

THAT Staff be directed to commence the process to obtain ownership of theselands at the City's expense;

THAT all costs associated with this transaction be drawn from the City WideCash in Lieu of Parkland Reserve Account # 3-2-9997-2991; and

THAT the Mayor and Clerk be authorized to execute any documents andagreements required by the approval of this decision.

Department Head:

Gorporate Services Director t Other¡/

Chief Administrative Officer: t

I

\.181

Acquisition or Land ro, *"",""1;Í;1åYÊÎiJ;333Page 2 of 4

Background:

Mrs. Anna Evans, secretary/treasurer of 1715700 Ontario Limited, approachedthe City of Kawartha Lakes to donate a parcel of land for recreational purposes.The land to be donated is shown as Part 1 on the preliminary Reference Planattached as Appendix A. A general location map is attached as Appendix B.

These lands are currently granted under an Access Agreement to the KawarthaTrans Canada Trail Association who have improved and managed the trail.These lands in turn connect to the former rail corridor owned by the OntarioRealty Corporation and leased to Kawartha Trans Canada Trail Association forirail purposes east across the City of Kawartha Lakes and into Peterborough.

It is the desire of the land owner to donate this land to the City with theunderstanding that the lands will be retained for the purposes of the TransCanada Trail. The City would also supply the owner with a charitable tax rece¡ptfor the land value and be responsible for all of the costs associated with thetransaction.

At the Council Meeting of June 11,2013, Council adopted the followingresolution in closed session:

cR2013-555

Moved by Councillor Macklem, seconded by Councillor Warren,RESOLVED THAT Report CS2013-009, Proposed Acquisition of Land,be received;THAT staff confirm the survey for the lands proposed for donation, andundertake the necessary appraisal for determining the value of thedonation in keeping with the City's Sale of Land By-law 2010-118; andTHAT all costs associated with this transaction be drawn from the CityWide Cash-in-Lieu of Parkland Reserve Account No. 3-2-9997-2991.

ïhis report addresses that direction.

Rationale:

The required survey and appraisaf to determine the value of the donation haveboth been completed. The appraisal has revealed that the subject land has acurrent market value of One Hundred Fifteen Thousand Dollars ($115,000.00).The property owner has been provided with the value, consulted with legalcounsel and confirmed their intent to proceed with the land donation.

ln consideration for the donation of the lands to the City for publtc recreationalpurposes, the City would provide the owner with a charitable tax receipt for the

182

Acqu¡s¡t¡on or Land ro, R"",""ffl;låY2PÎ,1í;Î33Page 3 of 4

appraised value of the land, which is agreed to be One Hundred and FifteenThousand Dollars ($1 1 5,000.00).

The City will be responsible for all costs associated with the transaction whichwere previously estimated at $10,000.00 and will be drawn from the City WideCash-in-Lieu of Parkland Reserve Account No. 3-2-9997-2991.


Council could choose not to accept the donation. This is not recommended asthis land is seen as a vital trail recreational linkage. Furthermore, this donationprovides an opportunity to acquire the land at nominal costs, and the willingpartnership of the Kawartha Trans Canada Trail Association provides a costeffective solution for ongoing maintenance.


The land will be donated to the City for nominal consideration in exchange for acharitable tax receipt. The City will however, be responsible for any and all costsassociated with the transaction including, but not limited to, the costs for thesurvey, appraisal, and legal fees for the transfer which have been estimated at$10,000.00 and will be drawn from the City Wide Cash in Lieu of ParklandReserve Account # 3-2-9997 -2991.


This recommendation relates directly to Council's strateg¡c priority creatingconnections, in this case through the acquisition of greenspace providing a vitaltrail linkage on the east side of Lindsay.


The Trans Canada Trail is designed for accessibility.

Consultations:

Craig Shanks, Acting Director of Community ServicesCoe, Fisher, Cameron, Ontario Land SurveyorsW.J. Dietrich Ltd.

183

Report 1M2014-009Acquisition of Land for Recreational Trail Purposes

Page 4 of 4

Attachments:

Appendix A: Preliminary Reference PlanEl

.FAppendix A Repod

1"1142014-009. pdf

Appendix B: Location Map

Appendix B Report|M2014-009. pdf

Phone: 7 05-324-941'l ext. 1279

E-Mai I : d mcfa rlane@c itv. kawa rthalakes. on.ca


Department File: L06-01 Donation of Land for Trail

184

l0-?01

L.id -li(Ì€w1

: "'H,-'185

The Corporation of the City,of Kawartha Lakes

Council Report

Report Number CORP 2014-004



Subject: Joint and Several Liability Reform

Jolene Ramsay,lnsurance Risk Ma

sigement Coordinator

Recom mendation(s):

RESOLVED THAT Report CORP 2014-004, Joint and Several LiabilityReform, be received; and

THAT Council support the government's consideration and adoption of measuresthat will limit the impact of joint and several liability on municipalities; and

THAT Council endorses the Combined Model option as recommended by AMOand supported by OMEX, the City's insurer; and

THAT the CAO be directed to fonruard a letter to the Honourable KathleenWynne, Premiere of Ontario, the Honourable John Gerretsen, Attorney General,the Honourable Linda Jeffrey, Minister of MunicipalAffairs and Housingsubstantially in the form of Attachment 2 with copies to Haliburton KawarthaLakes Brock MPP Laurie Scott and AMO, indicating that The City of KawarthaLakes supports the adoption of the Combined Model under consideration, andstrongly encourages the government to proceed immediately with legislationdesigned to give effect to this model.

Department Head:

Corporate Services Director /

Ch ief Ad m in istrative Officer:187

Report # CORP-2014-004,loint and Several L¡ability Reform

Page 2 on 4

Background: ,

On February 27,2014, MPPs from all parties supported a motion, presented byRandy Pettapiece, MPP for Perth-Wellington, calling on the government toimplement reform to joint and several liability by June 2014.

The Ministry of the Attorney General is consulting municipalities and the legalcommunity to create a long-term solution with three options being presented forconsideration. Those models include the Saskatchewan Model, the MultiplierModel and the Combined Model which are described as follows:

The Saskatchewan ModelAs adopted by Saskatchewan in 2004, under this model where there is a shortfallto fund the damage award and where the plaintiff's own negligence contributed tothe harm, the shortfafl is to be divìded among the remaining defendants and theplaintiff in proportion to their fault. This model would apply to all types ofdefendants in all types of negligence claims.

The Multiplier Modelln road authority cases (motor vehicle accidents in which the municipality is suedfor breach of duty to maintain a pubfic road), where there is a shortfall to fund thedamage award, the municipality would never be liable for more than two timès itsproportion of damages, even if this means the plaintiff does not fully recover.Because the rule has the potential to result in a seriously injured plaintiff beingunable to fully recover, the proposal would be limited to road authorrty caseswhich impose the most significant and unfair burden on municipalities.

The Combined ModelThe Saskatchewan model and the Multiplier model could be combined. ln a casein which both models would apply (a road authority case involv¡ng contributorynegligence on the part of the plaintiff,; the Saskatchewan model would apply first.The Multiplier model would be applied if needed to ensure the municipality wouldnot be liable for more than two times its proportion of damages.

The purpose of the report is to seek Council's support for changes beingproposed by the Association of Municipalities of Ontario (AMO) to amend theNegligence Act in order to reduce municipal liability for damages beyond theirproportionate share of actual liabrlity.

The issue of joint and several liability arises in the context of litigation brought bya plaintiff against more than one defendant. Section 1 of the Negligence Actstates as Follows:

188

, ", ", ",,1

T""*ålro,ål -'rt;:t8lÍPage 3 of4

Where damages have been caused or cgntributed to by the fault orneglect of two or more persons, the cou¡f shall determine the degree inwhich each of such persons is at fault or negligent, and, where two ormore persons are found at fault or negligent, they are jointly and severallyliable to the person suffering loss or damage for such fault or negligence,but as between themselves, in the absence of any contract express orimplied, each is liable to make contribution and indemnify each other inthe degree in which they are respectively found to be at fault or negligent.R.S.O. 1990, c. N.1, s. 1.

Joint and several liability places a heavy financial burden on municipalities due toever increasing insurance premiums, defence costs and the growing number ofclaims/actions. Joint and several liability may oblige a defendant who is found tobe as little as 1o/o al fault to be responsible for the cost of the plaintiff's entirejudgement, particularly where the other defendant(s) are unable to meet theaward as ordered by the court.

The Canadian Underwriter article of March 4, 2014 titled "Ontario to reform lawstipulating joint and several fiability in negligence lawsuits against municipalities"provides an example of the application of joint and several liability and as welloutlines the significant impact such legislation has had on municipal premiums.

As cited by Canadian Underwriter, in 2011 municipalities paid a total of $155million for insurance and $85 million for liability premiums. The current model ofjoint and several liability is not sustainable and reform is urgently needed.

Rationale:

The Association of Municipalities of Ontario (AMO) supports the CombinedModel, which creates limits on damages that may be recovered form amunicipality under limited circumstances.

OMEX, the City's insurer, also supports the Combined Model as it will providesignificant relief to Ontario municipalities and OMEX strongly encourages theOMEX membership to provide their support.

As this is a significant step towards improving the current legislation and limitingthe financial impact of joint and several liability in favour of municipalities, it isrecommended that Council support the Combined Model and that a lettersubstantially in the form of Attachment 2 be forwarded to the Premier of Ontario,the Attorney General, the Minister of Municipal Affairs and Housing with copies toHaliburton Kawartha Lakes Brock MPP Laurie Scott and AMO.

189

.,

", ", ",-,1

"3"',1"å1ro, ff ffå:t3lÍPage 4 of 4


No other alternatives are being presented or recommended at this time.


Joint and several liability has a significant impact on municipal claim settlements,with all under deductible expenses being funded through the City's insurancereserve. Although there is no immediate financial impact associated with thisreport, legislative modifications have the potential to reduce insurance costs formunicipalities in the future.

Relationship of Recommendat¡on(s) To Strategic Príorities:

This informational report on Joint and Several Liability Reform does not directlyimpact or align with a specific Strategic Priority.


N/A

Servicing Gomments:

N/A

Consultations:

Jolene Ramsay, lnsurance Risk Management Coordinator

Attachments:q" lqì El- q-Ì-TJÞì-

AttachrEnt 1- AMO AttachnEnt 2 - AttachnEnt 3 - AttachnÊnt 4 -Legislature Supports lLetter to Prenier, AttO¡48( March 2014 AkCanadian Underwriter

Phone: (7051 324-9411 ext. 1311

E-Mail: [email protected]


Department File:

190

AMO - Legislature Supporls Motion on Mullicipal Liability Refonrì h11ps://www.arno.on.calAMO-Conteut/Policy-Updates/20 1 4/Legislat.

&W@***,Municipclilies 0ntarin

LOGIN I cONTAcfUs I 0ONTRAST

Legislature Supports Motion on Municipal Liabilityf\l ore À¡unicìpal,Action Needed.

On February 27, 2014, MPPs from all parties supported a motion calling on

the government to reform joint and several liability. Passage ofth¡s

resolution marks a signif¡cant milestone ¡n the municipal campaign for

reform. Now that the issue has captured the attention of the Leg¡slature, ¡t

is t¡me for your municipal¡ty to cons¡der the endorsement of a more

detailed leg¡slative solut¡on.

Neãrly 200 munic¡palities supported the motion introduced by Randy

Pettapiece, MPP for Perth-Wellington wh¡ch called on the government to

¡mplement ä comprehensive, long-term solution no laterthanJune 2014.

Many more also wrote to the Attorney General, the HonourableJohn

Gerretsen in response to AMO'S February 7, 2014 câll for support.

Currently, the N¡¡n¡stry of the Attorney General ¡s consulting municipal¡ties

and the legal community on a comprehensive long-term solution. The

[,4inistry describes three options below:

The Saskatchewan model: This modif¡cation to joint and several liabil¡ty

was adopted in saskatchewan in 2004. Under the Saskatchewan model,

where there is a shortfall due to one defendant being insolvent and the

plaintiff's own negligence contributed to the harm, the shortfall is to be

d¡v¡ded among the remaining defendants and the plaintiff in proportion to

the¡rfault. Thismodel wouldapplytoall types ofdefendants in all types of

negligence claims.

The Multiplier model: In road author¡ty cases (auto accident cases in

which a municipality is sued for breach of duty to ma¡ntain a public road),

where there is a shortfall due to one defendant being ¡nsolvent, the

municipal¡ty would never be liable for more than two times its proportion

of damages, even if this mea ns that a plaintiff does not fully recover.

Because th¡s rule has the potential to result in a ser¡ously injured pla¡ntiff

being unable to fully recover, the proposal would be limited to

municipal¡ties and to the specific subset of cases that municipalities tell us

¡mpose the most slgn¡ficant and unfair burden - road authority cases.

The Comb¡ned model: The S¿skatchewan model and the Mult¡plier model

could be combined. In a case in which both models would apply - a road

authority case involving contributory negligence on the pârt of the plaintiff

TEXI SIZE

Advocacy ] Events & Traìning i About Us

03/04t2014

Contact

Scnior Advisor

T .116 971.9856 ext 323

Ît 1.877 A26.6527

F ¿16.S71.6131

I of3

191

AMO - Legislatule Suppo s Molion ort Municipal Liability Reforrn https://www.anìo.on.calAMO-Content/Policy-Updates/20 I 4/Legislat..

AdvocacyEconomic DevelopmenlEnergyFinânceHousinglnfrast¡uc{ureLabourPlanningRisk ManagementSocialServicesWãste l\¡anagement

Events & Tra¡nlngConferencesCouncillorTrainingSymposiumsWebcastsWorkshops

About UsAccessibililyA[4Omobile appAnnualReporl

Board of D¡reclorsBy-LawCareersContact Us

HistoryMembershipMemorandum of lJnderstândingN,,lunicipal 101

Producls & SelvicesVolunteeringV1åtch File

Related S¡tesFONOIM

Gas Tax ât WorkLASt\¡EPCONO[IAOI,1KN

OSUMROMA

ProgrâmsGâs Tax

t\¡tDAs

Work¡ng to make Ontar¡o mun¡cipàl¡ties rtron8ero 2013 Association of N¡un¡cipalitjes ofontðrio I website poli.y

2of3

192

April XXX, 2014

The Honourable Kathleen WynnePremier of OntarioLegislative Building - Room 281Queen's ParkToronto, ON M7A 1Al

The Honourable John GerretsenAtiorney GeneralMcMurtry-Scott Building720 Bay Street - 11th FloorToronto, ON M7A 2Sg

The Honourable Linda JeffreyMinister of Municipal Affa irs and Housing777 Bay Street - 17In FloorToronto, ON M5G 2E5

Joint and Several Liability Reform

Dear Premier, Attorney General, MMAH Miníster:

We write in support of the government's recent consideration and adoption of measures toreform joint and several liability to limit the burden on municipalities within the Province ofOntario. Specifically, we understand three options are under consideration - theSaskatchewan Model, the Multiplier Model, or a third model which combines both.

We write to you in support of this third Combined Model as described by AMO's March 4,2014policy update. We support AMO's advice to the government that such changes wouldrepresent a significant incremental step to address a pressing municipal issue. This placessome reasonable limits on the damages that may be recovered from a municipality underlimited circumstances.

It is time for change. Municipalities must no longer be viewed as the insurer of last resort. Jointand several liability has resulted in steadily increasing costs for municipalities, well out ofpropottion to aciual responsibility. lt is entirely unfair for the taxpayer to assume responsibilityfor someone else's mistake or to carry the majority of a damage award when fault on the partof the municipality is at a minimum or non-existent. Other jurisdictions have recognized thecurrent model of joint and several liability as not sustainable and it is time for Ontario to do thesame.

Page 1 of 2193

The City of Kawartha Lakes is increasingly faced with lawsuits which are costly in terms ofcorporate resources required to defend the actions as well as the litigation risk in face of jointand several liabillty. Year over year the City of Kawar'tha Lakes has faced double digit premiumincreases and in order to combat the rising premium, the City was forced to increase itsdeductible significantly. The City's insurance provider states the primary reason for suchsignificant premium increases is strictly due to the impact of joint and several liability.

Municipalities exist to connect people to their community and the social and recreationalopportunities which advance the development of a communìty. lf th¡s situation is allowed tocontinue inevitably so will the scaling back of services provided to citizens in an effort to limitliability exposures. This is in direct contrast to the future and community visions of Ontariomun icipalities.

For this reason, The City of Kawartha Lakes supports the adoption of the Combined Modelunder consideration. We strongly encourage the government to immediately proceed withlegislation which gives effect to this model.

Sincerely,

Mark FisherChief Administrative OfficerCITY OF KAWARTHA LAKES

Cc: MPP Laurie ScottAMO

Page 2 of 2194

JOINT AND SEVERAL LIABILITY

REFORM

OMEXOvr¡n¡o Mu¡c¡orFALINsunÅNcE ExcHÀl.{çE

195

The Comb¡ned Model

Under this scenar¡o, the Saskatchewan and.

1¡,ùU¡tùiÉiôùiiâii:¡üÞl ,,,, ln, ra,,c'!áfi :,:

ìwhi.l|!'::Þô,!h.l þ.è¡!.uô,ù-.! .i !i o,euiq app!¡,¡¡,:a.'.

, $,lqr¡,r,¡tþlitt¡9a!'.' ¡¡,y..ô!dl,e¡ ¡..' co n

! 1i Þ.!!, rl

,.'¡ 99!i,c-ihcþ'.¡¡ìo¡ìi1;!þ,e,.'l¡¡iì:irôLììþ rì',p!âi t'!¡ff r,:!.'!1!ii

,:,,.$?ì.\it¡þè.l1ya¡.ì:rn" dglì]ùou lq,:þeì ppliq.q, Ji r¡!ì]¡ ¡d,t:the Multiplier model would be applied if needed

r:ts..éosqp¡t'¡.| ,F!-¡j,9iP,i!i!y.l,Wp lq:!9|þ9,!iaqþitfor more than two tlmes its proport¡on of

damages.

The saskatchewan Model is triggered when the

.¡¡ùt.éi,i¡y..i-ltid] ¡ætrt¡¡;¡,::¡:,:f¡..!¡l.i'',.L9ij.c¡,.q9:!.0.r.!¡t:t¡l9j¡.!.i$;:.llt¡,:y$tls¡!,:Íqtìde:¡,

OMEX supports the Combined Model. We realize that...1{1¡,'¡{09i. no'!r,Þ11øi¡.!t!.,$tqiv,r q!l ì,si!ue!! -.òn¡:t¡&þ::,

could involve payment under th e lyo rule, but it does

prov¡de significânt rel¡ef. For claims ¡nvolv¡ng an

¡nnocent vict¡m, the chenge in legislation is not

.]:li!€cèiêd-,r ,rfói:].rè$mþ!9;¡"lr.f$asgen.ger:¡r,V,e.hicld.r:ùliô,r:

r: hãìl.þèé¡,:in¡tred; ¡¡lÈriO¡,,¡¿¡lieeni inC,d jd,:ìôi:,,,

contribute to the accident will not be affected by this

amendment to joint & several liability. As always,:f :clãims''à ié.'iettled:bà. 5éd.Jjùth.è.,faôta òJ 'thelélàímì,:t{tr.jí:r].

r,l ¡rr,,¡il !,iu!¡nui$ e.*¡ ¡, t'avà,.,1. g::

¡l:rp. rrþlj!:: pqlicy:,iliftùencélh'af ryrlL,ã-l!qw..in no.è. Þ-rit.Ììth.iid,ì:]

party victims to have recourse for thelr damages.

:ro.ti{1,Xlt¡!!,."¡ti(¡¡r!q1.Í¡Þ..,¡¡!,9i::t!t!¡:¡.¡tlaìiie¡'¡*Ùi.:,,

tr.¡,,.r!f!i.9¡þ;:,vó.",¡rlþ.:;:!ò..ll iÞ.;:ò.n',: V"!qpaé¡*u,ll litstrongly encourage all OMEX members to provide the¡r

su pport.

196

CAN/LÐIAN UNI]H ftïV R I T]1 R.t:¿nCanada's lnsurance and R¡sk Magaz¡ne

DAILY NEWS Ma|4,2014 1:36 PM - 0 comments

Ontario to reform law stipulating joint and several

liability in negligence lawsuits against municipalities

2014-03-04

lnsurance premiums for Ontar¡o mun¡c¡palit¡es havê cl¡mbed by $35 million s¡nce 2010, and members of provincial pârliament

from all three parlies recently spoke in favour of a motion to reform the province's law on jo¡nt and several l¡abil¡ty.

The Ontario Legislature called on the government Thursday to implement a "comprehensive, long-term solution to

reform joint and several liability insurance for mun¡c¡pal¡t¡es by no later than June 2014."

I of4

197

The motion was tabled by Randy Pettapiece, the Progressive Conservative party's rural affa¡rs critic and MPP for

Perth-Wellington.

"Under the Negligence Act, damages can be recovered from any defendant, even ¡f they are found to be only 1%

at fault," Pettap¡ece said ¡n the legislature.

"Municlpalit¡es often targeted as insurers of last resort can be on the hook for massive damage awards."

Ontario's Negl¡gence Act statest "Where damages have been caused or contributed to by the fault or neglect of

two or more persons, the court shall determìne the degree in which each of such persons is at fault or negligent,

and, where two or more persons are found at fault or negligent, they are jo¡ntly and severally liable to the person

suffering loss or damage for such fault or negligence ...."

Because of th¡s law, insurance prem¡ums for municipal¡ties have increased by $35 million in the last four years,

suggested Julia Munro, PC MPP for York Simcoe.

"Medium-sized municipalit¡es, sim¡lar to the town of East Gwillimbury in my riding, with a population of 24,000

people, have seen an average increase of 35% in l¡ability insurance premiums," said Munro. "We know that

people in some communities spend more on insurance than they do for their library. ln another county, for every

$2 spent on snowplow¡ng, another $1 ¡s spent on ¡nsurance."

The lnsurance Bureau ofCanada "welcomes the debate on the implications of jointand several liability on

Ontario municipalities," Pettapiece said, quoting from a letter he received from Ralph Palumbo, lBc's vice

president for Ontar¡o.

The Associat¡on of Municipalities of Ontario reported in 2011 that municipal liability premium costs increased 22%

from 2007 to 2011, said Monique Taylor, the New Democratic Party (NDP) MPP for Hamilton Mountain.

Taylor added she spoke to a worker in the City of Hamilton's risk management division.

"He told me to th¡nk about it th¡s way: Two trucks are driving toward each other on a country road," Taylor sa¡d.

"They coll¡de and one veers off and hits a tree on a mun¡cipal easement. The judge in this case has an award of

$5 million and finds the municipality 1% at fault. The dr¡ver, who is signif¡cantly at fault, only has $1 mill¡on of

liabil¡ty coverage. Thanks to joint and several liability, the municipality is on the hook for the remaining $4 million."

ln 2011, Taylor added, municipalities paid a total of $155 mlllion for insurance and $85 million for liability

premìums.

"That's just for the insurance; that doesn't include the legal fees, settlements and court-mandated awards," Taylor

added.

2of4

198

Glenn Murray, Ontario's Minister of Transportat¡on and lnfrastructure (and L¡beral MPP for Toronto Centre), also

spoke in favour of Pettap¡ece's motion.

"There's not much to debate, lvlr. Speaker, in this part¡cular motion because we agree w¡th it," he said to the

Legislature. "lt's already well in progress. We're working w¡th (the Association of Mun¡cipal¡ties of Ontario) and

(the RuÍal Ontar¡o Municlpal Assoc¡atron) to a solution."

A former rural mayor also spoke in favour of reform¡ng joint and several liability.

"l know, myself, as (then) mayor of South Glengarry, we were in court a number of times, drawn ¡n because of the

threalreally, at no fault, and, ¡n almost all cases, proven that way in court," said l\4cDonnell, PC MPP for

StormontDundas-South Glengarry.

"But our insurance company was in there because there was a threat of hundreds of thousands of dollars of

l¡ability. Because we were the municipal¡ty, 1% could bring us in."

The mot¡on did not go into specifics about how the laws should be changed.

"Joint and several Iiability insurance reform is, I recognize, very complex," Pettapiece said. "lt ¡nvolves existing

provincial laws, it ¡nvolves years of legal precedent, and it concerns many competing interests. All oflhese must

be consldered. That is why this motion does not d¡ctate a specific avenue of reform. lt is not intended to. The

government needs to listen to the advice it has received from AMO, from municipal¡ties, from insurers, from the

legal profession and from its own public service. Solutìons are not straightforward, but we know they are

possible."

' tweet,i o ì

Related Topics

Risk ManaqemenUCommercial

Mon¡tor These Top¡cs

3 of 4

199

DisclalmerNote: By subm¡tting your comments you acknowledge that Canadian UndeMriter has the right to reproduce,

broadcast and publ¡cize those comments or any parl thereof in any manner whatsoever. Please note that due to

the volume of e-ma¡ls we rece¡ve, not all comments w¡ll be published and those that are published wÌll not be

edited. However, all w¡ll be carefully read, cons¡dered and appreciated.

'i'lre lJûrlÈr lnrp€ûli¡)n ãrì dJtr¡r¡rr,lnce Cnmi.,l¡r!y óf C ¡lirdl

f,lflT lF" l*iiI f"töTü Mwr¡e{lnÊ W

,1wålÈþ.

: Tiqles

twToÞ of Þaoe O 2014 Bus¡ness Informat¡on Group çgpI¡gb! J Prlvacv Policv I Feedback

4of4

200


BY-LAW 2014-

A BY-LAW TO AMEND BY-LAW 2012-019 AND SCHEDULE “A” AND “B” OF BY-LAW 2012-019,

BEING A BY-LAW UNDER THE BUILDING CODE ACT RESPECTING PERMITS AND RELATED MATTERS (Amendment #1)

Recitals 1. A review of By-Law 2012-019 has indicated that modifications are required to

establish new fees for applications made under the Building Code Act, 1992, as amended.

2. Council held a Public Meeting on March 27, 2014 for which notice was given and the proposed by-law amendments were made available to the public.

3. Council has the authority to amend building permit fees and, after considering the public comments received, has approved an increase in these fees.

4. This By-law amends Section 2.00 Classes of Permits, Section 3.00 Permit Applications and Issuance, Section 4.00 Plans and Specifications, Schedule ‘A’ and Schedule “B” of By-law 2005-301.

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014- .

Section 1.00: Definitions

Definitions All defined terms in the amending By-law take their meaning from By-law 2012-019 of the City of Kawartha Lakes.

Section 2.00: Amendment to 2012-019

2.01 Section 2.08: Section 2.08 is deleted and replaced with the following: “2.08 Sewage System Permits: A Sewage System Permit is a Permit

respecting the installation or repair of on-site sewage systems (with daily design flows less than ten thousand (10,000) litres).”

2.02 Section 3.01: Section 3.01 is deleted and replaced with the following: “3.01 An Applicant shall file a complete application on the form prescribed

by the Act and available from the Chief Building Official or from the Province of Ontario, together with the applicable requirements set out in 3.02 to 3.08.”

2.03 Renumbering Sections: Section 3.03 through Section 3.16 be renumbered

to allow for the insertion of a new Section 3.03. 2.04 Section 3.03: Insert a new Section 3.03 as follows: “3.03 Sewage System Permits: Every application for a sewage system

permit under Subsection 8(1) of the Act shall,

(a) Identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the application for a sewage system permit is made;

201

By-law 2014-

Building By-law Amendment

Page 2 of 16

(b) Be accompanied by the plans, specifications, documents and other information prescribed in Section 4.00 and Schedule B; and

(c) Be accompanied by the appropriate fee calculated in accordance with Schedule A.

2.05 Section 4.01: Section 4.01 is deleted and replaced with the following: “4.01 Every applicant shall submit sufficient plans, specifications,

documents and other information to enable the Chief Building Official to determine whether the proposed building, construction, sewage system, demolition or change of use will contravene the Act, the building code or any other applicable law.”

2.06 Section 4.02: Section 4.02 is deleted and replaced with the following: “4.02 The Chief Building Official shall determine the plans, specifications,

documents and other information required to be submitted with an application in order to deem it complete according to Division C, Sentence 1.3.1.3.(5) of the building code, having regard for the scope of the proposed work and the requirements of the building code, the Act and other applicable law, the requirements of this Section and Schedule B.”

2.07 Section 5.01: Section 5.01 is deleted and replaced with the following”: “5.01 Where the prescriptive requirements or acceptable solutions of

Division B of the building code are not met, the Chief Building Official may approve an alternative solution under Division C, Part 2 of the building code. An alternative solution proposal may be requested for a system or building design at the time of permit application, or if a material change is necessary to a plan, specification, document or other information on the basis of which a permit is issued. The applicant shall submit,

(a) A completed “Application for an Alternative Solution” on the form

available from the Chief Building Official; (b) A description of the applicable objectives, functional statements

and acceptable solutions; (c) A description of the proposed material, system or building design

for which authorization is sought; (d) Supporting documentation demonstrating that the proposed

material system or building design will provide the level of performance required by the building code; and

(e) Payment of the required fee as set out in Schedule A Table 1.” 2.08 Section 6.03: Section 6.03 is deleted and replaced with the following: “6.03 A minimum permit fee of $150.00 shall be charged for all work unless

otherwise stated in this by-law.” 2.09 Section 7.02: Insert a new Section 7.02 as follows: “7.02 A notice required to be given by a sewage system permit holder to the

Chief Building Official or registered code agency pursuant to Division C, Subsection 1.3.5. of the building code shall be given to the Chief Building Official or registered code agency at least five days in advance of the construction stage in which notice is being given. For the purpose of inspection notices, the term day means any Monday, Tuesday, Wednesday, Thursday or Friday other than a holiday.”

2.10 Renumbering Sections: Section 7.02 through Section 7.03 be renumbered

to allow for the insertion of a new Section 7.02.

202

By-law 2014-


Page 3 of 16

2.11 Section 10.00: Section 10.00 Exemptions be added. “10.01 Despite sections 3.02 (c), for the lands known as Plan 93 Lots 3 & 4

& Pt Lot 5 & Plan 8P Pt Pk Lot E, RP57R2331, that the building permit fees applicable to the proposed construction of the five single and/or semi-detached dwellings to be constructed by Habitat for Humanity Peterborough & District on the Hamilton Street, Lindsay, property as outlined in Council Report SH2014-002, be waived.”

Section 3.00: Amendment to Schedule “A” and “B”

3.01 Schedule “A”: Schedule “A” to By-law 2012-019 is deleted and replaced with Schedule “A” attached to and forming part of this By-law. 3.02 Schedule “B”: Schedule “B” to By-law 2012-019 is deleted and replaced with Schedule “B” attached to and forming part of this By-law.

Section 4.00: Effective Date

4.01 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 8th day of April, 2014. _______________________________ Ric McGee, Mayor

________________________________ Judy Currins, City Clerk

203

By-law 2014-


Page 4 of 16

Schedule A – By-law 2014-

Schedule A – By-law 2012-019

Table 1 Administration Fees

Item Type of Fee Fee Payable

1. Where work has commenced prior to issuance of a permit

Applicable fee from Schedule A Table 2 plus an increase of 100%

2.

Where Schedule A Table 1 Item 1 applies and where a minor variance from the applicable zoning by-law would be required

Fee calculated as per Schedule A Table 1 Item 1 plus an additional increase of 100%

3.

Partial Building Permit 10% of applicable fee from Schedule A Table 2, with a minimum of $100.00 and a maximum of $500.00

4.

Conditional Building Permit 10% of applicable fee from Schedule A Table 2, with a minimum of $100.00 and a maximum of $1000.00

5. Transfer of Permit $100.00

5. Minor Revision to Plans which have already been examined by the City

$100.00

6. Re-inspection to correct identified deficiencies

$50.00

7. Alternative Solution Application/Evaluation $ 1000.00

8.

Retrieval of building or sewage permit records from archives – request must be in writing

$25.00 plus additional $50.00 if request results in an inspection being required

9. Liquor License Approval requests which result in an on-site inspection

$50.00

10. Site inspection to determine Occupant Load

$50.00

204

By-law 2014-


Page 5 of 16



Table 2

Fees Payable for Building Permits

Item Class of Permit Fee Payable

1. Building Permit See Schedule A Table 3

2. Sewage System Permit – under 10,000 litres/day

See Schedule A Table 4

3. Demolition Permit

Requiring a Professional Engineer’s review as required by OBC

All others

$150.00 $75.00

4. Conditional Building Permit Applicable fee from Schedule A Table 3 plus administration fee from Schedule A Table 1

5. Change of Use Permit $125.00

6. Partial Building Permit Applicable fee from Schedule A Table 3 plus administration fee from Schedule A Table 1

7. Site Servicing Permit for Plumbing 2.5% of Construction Value

8. Occupancy Permit for Unfinished Building, where occupancy has occurred without an occupancy permit

$125.00

205

By-law 2014-


Page 6 of 16



Table 3

Fees Payable for Building Permits

206

By-law 2014-


Page 7 of 16

207

By-law 2014-


Page 8 of 16

11

Sig

n r

ela

tin

g t

o O

nta

rio

Bu

ild

ing

Co

de

re

qu

ire

me

nts

$1

17

.72

$1

20

.07

$1

22

.48

$1

24

.93

$1

27

.42

De

sig

na

ted

str

uc

ture

s a

s d

efi

ne

d b

y t

he

On

tari

o

Bu

ild

ing

Co

de

win

d turb

ine

fa

cili

tie

s r

eg

ula

ted

by

Envi

ronm

enta

l

Pro

tectio

n A

ct

pe

r th

ousa

nd

do

llars

of

co

nstr

uctio

n v

alu

e, o

r p

art

the

reo

f$

15

.92

$1

6.2

4$

16

.56

$1

6.8

9$

17

.23

all

oth

er

de

sig

na

ted

str

uctu

res (

build

ing

mo

unte

d s

ola

r

pe

r ro

of fa

ce

)p

er

str

uctu

re$

37

1.4

2$

37

8.8

5$

38

6.4

3$

39

4.1

5$

40

2.0

4

13

La

nd

s o

wn

ed

by

an

d u

se

d f

or

the

pu

rpo

se

s o

f th

e

Cit

y o

f K

aw

art

ha

La

ke

s

14

Alt

era

tio

ns

to

ex

isti

ng

bu

ild

ing

s (

no

t p

rovi

de

d fo

r in

Item

s 1

to

13

)

pe

r th

ousa

nd

do

llars

of

co

nstr

uctio

n v

alu

e, o

r p

art

the

reo

f$

16

.85

$1

7.1

9$

17

.53

$1

7.8

8$

18

.24

15

Pe

rmit

s f

or

res

tric

ted

ac

ce

ss

lo

ts

Oth

erw

ise

ap

plic

ab

le fe

e p

urs

ua

nt to

this

By-

law

Ca

lcula

tio

ns r

esulti

ng

in a

fe

e le

ss tha

n $

50

0.0

0 a

re w

aiv

ed

Tw

ice

the

oth

erw

ise

ap

plic

ab

le fe

e p

urs

ua

nt to

this

By-

law

12

208

By-law 2014-


Page 9 of 16

For the proper interpretation and application of this Schedule, see Notes following.

Notes: 1. In order to determine the applicable occupancy, recourse shall be had to

the building code and its appendices. 2. Floor area shall be measured to the outer face of exterior walls and to the

centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (eg. stairs and stair openings, ducts, elevators, escalators). Floor area shall include all habitable areas, including mezzanines, finished attics and enclosed balconies. The following shall apply to Schedule A Table 3:

(a) Assembly Occupancies: The “Assembly Occupancies” rate

shall apply to the total floor area of floors, which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of the total floor area.

(b) Institutional Occupancies: The “Institutional Occupancies”

rate shall apply to the floor areas of floors, which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of the total floor area.

(c) Residential Occupancies: For detached, semi-detached and

townhouse dwellings, the floor areas of the unfinished basements, attached garages, porches and decks shall not be included in the area calculations, but the fee is inclusive of these areas. For the other residential occupancies, the “Residential Occupancies” rate shall apply to the floor areas of the floors, which are principally of residential use. Other rates shall be applied to other floors based on the principal use of the total floor area.

(d) Business and personal Services & Mercantile Occupancies:

The “Business and Personal Services & Mercantile Occupancies” rate shall apply to the floor areas of floors, which are principally of business and personal service or mercantile use. Other rates shall be applied to other floors based on the principal use of the total floor area.

(e) Industrial Occupancies: Each “Industrial Occupancies” rate

includes incidental finished office space to a maximum of 10% of the total floor area. The “Interior Partitioning and Finishing” rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area.

3. “Construction Value”, as used in Item No. 14 of Schedule A Table 3,

means the value of the proposed construction as determined by the Chief Building Official, whose determination of that value shall be final.

4. No additional fee applies for sprinklers, fire alarms, electromagnetic locks, or other mechanical systems or equipment proposed and installed at the same time as the construction they serve.

209

By-law 2014-


Page 10 of 16

5. No additional fee applies for unenclosed decks, fireplaces and unfinished basements proposed and constructed at the same time as the single dwelling they serve.

6. A minimum permit fee of $150.00 shall be charged for all work as referenced in clause 6.03.

210

By-law 2014-


Page 11 of 16


Schedule A – By-law 2012-019 Table 4

Fees Payable for Sewage System Permits

211

By-law 2014-


Page 12 of 16

Schedule B – By-law 2014-

Schedule B – By-law 2012-019 Table 1

Documents & Drawings required for Permit Applications

Item Class of Permit Documents and Drawings Required

1(a) Building Permit – Residential – New Buildings - Detached houses - Semi-detached houses - Triplexes - Fourplexes - Townhouses

Documents a. Applicable Law Checklist b. Mechanical Ventilation Design

Summary c. Application for Sewage System * d. Municipal Water and Wastewater

Request for Information Form * e. Entrance Permit Application Drawings 2

a. Approved Grading Plan b. Architectural Drawings c. Structural Drawings

1(b) Building Permit – Residential Related to Existing as in 1(a) - Alterations - Additions - Accessory Buildings

Documents a. Applicable Law Checklist b. Application for Sewage System * c. Municipal Water and Wastewater

Request for Information Form * Drawings 2

a. Site Plan b. Approved Grading Plan (as required) c. Architectural Drawings d. Structural Drawings

2(a) Building Permit - Non-residential and other residential not provided for in Row No 1(a) or 1(b). - New Buildings -Additions


Request for Information Form * d. Commitment to General Reviews by

Architect & Engineers e. Ontario Building code Data Matrix Drawings 2

a. Approved Site Plan b. Approved Grading Plan (as required) c. Architectural Drawings d. Structural Drawings e. HVAC Drawings f. Plumbing Drawings g. Electrical Drawings h. Fire Protection Drawings i. Site Specific Reports j. Specifications

2(b) Building Permit - Non-residential and other residential as in 2(a) - Alterations - Renovations -Tenant Occupancies


Request for Information Form * d. Commitment to General Reviews by

Architect & Engineers e. Ontario Building Code Data Matrix

212

By-law 2014-


Page 13 of 16

Drawings 2

a. Location Plan b. Architectural Drawings c. Structural Drawings d. HVAC Drawings e. Plumbing Drawings f. Electrical Drawings g. Fire Protection Drawings

3. Building Permits -Other than Items 1(a) to 2(b) above

Documents a. Applicable Law Checklist b. Documents from Items 1(a) to 2(b), or

other documents which are applicable to the scope of work proposed

Drawings 2

a. Drawings from Items 1(a) to 2(b) which are applicable to the scope of work proposed

4. Change of use Permit Documents a. Applicable Law Checklist b. Documents from Items 1(a) to 2(b), or

other documents which are applicable to the scope of work proposed

Drawings a. Location Plan b. Existing and Proposed Floor Plan c. Architectural Drawings d. HVAC Drawings

5. Demolition Permit Documents a. Applicable Law Checklist b. Demolition Plan Prepared by

Professional Engineer * c. Commitment to General Reviews by

Architect & Engineers * d. Completed Utility Disconnect Forms Drawings a. Site Plan

6. Sewage System Permit – under 10,000 litres/day

Documents a. Applicable Law Checklist b. Sewage System Form Package Drawings a. Site Plan/Approved Grading Plan

*where applicable Notes: 1. The documents described in this schedule are available at any City of

Kawartha Lakes Service Centre or on the website.

2. All drawings to be submitted in duplicate

3. A description of the information required on drawings is contained in Schedule B Table 2.

4. The Chief Building Official may waive the requirements for any specified documents or drawings where the scope of the work, applicable law or building code requirements does no necessitate its submission.

213

By-law 2014-


Page 14 of 16

Schedule B – By-law 2012-019

Table 2

Information Required on Drawings

Item Drawing Type

Information Required Class of Permit – Schedule D Item 1(a) 1(b) 2(a) 2(b) 3 4

1. Site Plan a. Legal description, survey property lines, property dimensions, compass orientation, location and name of adjacent roads

b. Outline of all existing and proposed

buildings and structures, building dimensions and their distance to property lines.

c. Dimensions and location of parking and

vehicle access, fire routes, rights of way and easements

d. Location of well, septic, municipal services,

hydro service

X X X X X

X X X

X X X X X

X X X

2. Grading Plan

a. Prepared by Ontario Land Surveyor or Professional Engineer

b. Include all items listed in Item 1 (a) – (d) c. Location of catch basins, curb cuts,

retaining walls, sidewalks d. Existing and proposed elevations within the

site and property lines, retaining wall elevation, slopes of driveways, drainage flow and swales

X X

X X

X X

X X

3. Structural a. Foundation, floor and roof framing plans, footing, column and beam schedules, details and material specifications

b. Design specifications, live and dead

loading, wind and snow loading, earthquake loading

c. Structural drawings sealed by a professional engineer for all structural elements not within the scope of Part 9 of the building code

d. Roof and floor truss drawings sealed by a

professional engineer

X X X X

X X

X X X X

X X X X

4. Architectural

a. Existing plans showing construction and room and space identification of all floors

b. Plans of all floors including basements complete with all rooms and room names

c. Roof plan showing roof slope, drainage,

X X X X

X X X X X

X X X X

214

By-law 2014-


Page 15 of 16

roof and roofing construction details d. Building elevations showing grade, floor

and ceiling heights, overall building height, exterior finish materials, window heights and sizes and spatial separation requirements

e. Construction details including proposed

wall section from footing to roof, specifications of all wall, floor and roof assemblies and all building materials and construction specifications

f. Stairs, guards and handrail dimensions and

details, window sizes and height above floor level; location and fuel type of all fireplaces

g. Mezzanine plan showing construction,

guardrails, egress h. Location and details of barrier free

entrances and barrier free washrooms i. Reflected ceiling plans, bulkhead details,

horizontal service shaft details j. Roof equipment screening anchorage for

window washing, roof access k. Building cross sections showing grade,

floor and ceiling heights, horizontal and vertical fire separations

l. Enlarged sections and detailed plans of

washrooms and exit stairs m. Wall sections, plan and section

construction details

n. Exit stair enclosure, wall construction details, fire separations and listed design numbers, door numbers referenced to a door schedule

o. Door and hardware schedule, door and

frame details, window schedule, room finish schedule

X X X X

X X X X

X X X X

X X

X X

X X

X

X X X X

X X

X X

X X

X X

5. HVAC a. Heating, ventilating and air conditioning plans, service shafts, equipment layout and schedules

b. Ventilation design summary c. Fire damper locations, kitchen exhaust

equipment

X X

X

X X X

6. Plumbing a. Plumbing and drainage plans, location and sizing of under and above ground storm, sanitary and water supply piping and appurtenances

X X

215

By-law 2014-


Page 16 of 16

b. Location of fire stopping, specifications of

plumbing and fire stopping materials X X X X

7. Electrical a. Electrical supply and distribution plans, location of power and lighting outlets, equipment schedules, transformer locations

b. Location and specification of emergency

lighting, emergency generators and exit signage

X X

X X

8. Fire Protection

a. Fire hydrant locations, sprinkler and standpipe distribution plans and schedules; sprinkler head layout, fire hose cabinet locations

b. Location and specification of emergency

lighting, emergency generators and exit signage, fire alarm system annunciator, diagrams and specifications

c. Location of smoke alarms and carbon

monoxide detectors

X X

X X

X X X X

Notes: 1. Where indicated by an X, the information described is required to be

included on the drawings for the class of permit specified. 2. Required information may be located or consolidated on other drawings

rather than the drawing specified in the schedule. 3. The Chief Building Official may waive the requirement for any required

information specified in this schedule due to limited scope of work, applicable law or building code requirements.

216

41-0007 2013-11 Page 1 of 6


BY-LAW 2014 - __

A BY-LAW TO AUTHORIZE THE UNDERTAKING OF SEPTIC REHABILITATION WORKS ON PRIVATE RESIDENTIAL PROPERTY AS LOCAL IMPROVEMENTS IN THE


Recitals

1. Part III of Ontario Regulation 586/06 authorizes Council to pass a by-law to undertake works on private property as local improvements for the purpose of raising all or part of the cost of the work by imposing Special Charges on lots upon which all or some part of the local improvement is or will be located.

2. A by-law may authorize the undertaking of works which satisfy the requirements of a City program.

3. Council adopted the establishment of a Septic Rehabilitation Program at their meeting held February 11, 2014.

4. This by-law enacts that direction.

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014-__.

Section 1.00: Definitions and Interpretation


“City”, “City of Kawartha Lakes” 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;

“Council” or “City Council” means the municipal council for the City.

“Corporate Services Manager, Revenue and Taxation/Deputy Treasurer” 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.

217

41-0007 2013-11 Page 1 of 6

(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.

Section 2.00:

2.01 Council authorizes the undertaking of septic rehabilitation works on private property as local improvements under the Septic Rehabilitation Program, as set out in Appendix “A” to this By-law, for the purpose of raising all or part of the cost of the work by imposing Special Charges on lots upon which all or some part of the local improvement is or will be located.

Section 3.00: Administration and Effective Date

3.01 Administration of the By-law: The Corporate Services Manager, Revenue and Taxation/Deputy Treasurer is responsible for the administration of this by-law.


By-law read a first, second and third time, and finally passed, this 8th day of April, 2014.

_______________________________

Ric McGee, Mayor

________________________________


218

41-0007 2013-11 Page 1 of 6

Appendix “A”

Septic Rehabilitation Program Design

1. Program Summary

A. Overview

A Septic Rehabilitation Program is for the City to assist property owners with septic systems to improve the environment through a voluntary program. A Special Charge would be imposed on the property’s tax bill to be repaid over time, pursuant to O. Reg.586/06. The priority lien status of the Local Improvement Charge (LIC) through the charges being added to the tax roll enables the City to add any unpaid amounts to the cancellation price in a tax sale and to recover the amounts of the LIC ahead of any other lien holders should the property owner fail to pay.

B. Program Eligibility

All property types will be eligible for the program.

C. Participation

Applicants shall be required to provide:

Three (3) quotes to help identify when the maximum funding provided by Council will be reached.

Acknowledgement of all property owners (registered on title) agreeing to the application if successful;

The property assessment roll number to confirm no outstanding payments owed to the City in the last five (5) years;

Evidence from the property owners they have advised their mortgage lender(s) of their intention to participate in the Program and the lender’s consent (where applicable) – at his or her own expense (this may require the property owner to receive independent legal and/or financial advice);

Agreement to the charges being added to the tax roll for collection.

D. Selection Process

Applications will be accepted, reviewed and processed on a first come first serve basis.

2. Qualifying Septic Rehabilitation Measures

219

41-0007 2013-11 Page 1 of 6

The application must demonstrate the potential to improve our environment in order to qualify for Septic Rehabilitation LIC funding. Funding is designated for capital costs (not maintenance costs) with an expected useful life of five (5) years or greater. The non-exhaustive list of the categories of measures eligible under the Program includes:

i) Holding tank replacement; or

ii) Septic tank and/or tile bed replacement or repair; or

iii) Tertiary system replacement or repair

Ineligible measures include equipment or products not permanently affixed to the property, previously installed in another home and are deemed general maintenance.

By recommending categories of septic rehabilitation and associated measures, the City makes no guarantees of the materials, performance, cost-effectiveness or any warranty of the measures supported by the Program.

Only the costs associated with septic rehabilitation of up to twenty-five (25) percent of the Current Value Assessment of the property with maximum funding of $35,000 are eligible for the Program.

3. Completing the Rehabilitation through Contractor Engagement

The City will provide funding to property owners for improvements covered by the Program that have been recommended by the three (3) contractors verified by the City and installed by contractors hired by the property owners. The City will not pre-qualify contractors or procure contractors to perform improvements on behalf of property owners in connection with this Program.

The payment will be issued to the property owner and contractor(s) jointly.

The City is not responsible for the work quality of any contractors hired in connection with this Program and assumes no liability for the works undertaken. All septic rehabilitation improvements must adhere to local codes and by-laws. The property owner is responsible for ensuring that hired contractors are licensed, bonded and insured. Any issues that may arise relating to the quality of workmanship or post installation performance of the septic rehabilitation, for example should be dealt with by the property owner and contractor.

4. Application Process

The steps below outline the process and requirements property owners need to follow as part of the Septic Rehabilitation Program. City staff will periodically review this process to ensure effective Septic Rehabilitation Program implementation and, where deemed appropriate, the City may make changes in its sole discretion.

220

41-0007 2013-11 Page 1 of 6

Step 1: Pre-Qualification

Property owners submit an application form that includes, but is not limited to, the following information:

a) Property address to confirm location is eligible;

b) Property assessment roll number to confirm no outstanding payments owed to the City in the last five (5) years; and

c) Evidence of mortgage lender consent (where applicable).

If a property owner has one or more outstanding mortgage(s) associated with the property, then the property owner must obtain (at his or her own expense) consent from the mortgage lender(s) through a form that the City will provide. Property owners will advise their mortgage lender(s) of their intention to participate in the Septic Rehabilitation Program and receive permission from the lender(s) (to the maximum loan amount of $35,000 if necessary) as a requirement of the Septic Rehabilitation Program.

Once the property owner has been pre-qualified by City staff, based on the above criteria, the City will provide Notice to Proceed to the property owner.

Step 2: Funding Request Form

The property owner will need to submit a Funding Request Form that:

Identifies the septic rehabilitation that the property owner intends to install based on the report from the Contractor; and

Identifies the cost for each septic rehabilitation (including equipment, materials and labour costs).

Following receipt of the Funding Request Form, the City will:

Confirm the eligibility of the septic rehabilitation works;

Verify the reasonableness of material costs and labour costs; and

Calculate the administrative costs to the City to operate this program.

A Committee consisting of the following will review and approve applications.

The Corporate Services Manager, Revenue & Taxation/Deputy Treasurer

221

41-0007 2013-11 Page 1 of 6

1 staff each from Development Services – Building Division and Public Works – Water and Wastewater Division; and

Two members from the public appointed by Council

Step 3: Property Owner Agreement

After the City has confirmed the acceptability of the Septic Rehabilitation Report and the Funding Request Form, the City will prepare a Property Owner Agreement (“POA”), in accordance with Appendix “B” for the property owner(s) to review and sign.

Step 4: Completing Improvements

1. Proceeding with Work

The property owner can then proceed with hiring contractor(s) and performing the approved septic rehabilitation improvements to the property. The septic rehabilitation must be completed within a reasonable timeframe, as stipulated in the POA, to be determined by the City in its sole discretion.

2. Funding Disbursement

As detailed in the POA, the City will provide the disbursement only after the property owner provides a copy of the final inspection report from the Building Division indicating local codes and by-laws have been adhered to and the installation/repair meets the necessary requirements.

Step 5: LIC Repayment

Following the Corporate Services Manager, Revenue and Taxation/Deputy Treasurer’s periodic certification of the local improvement roll (which occurs after the septic rehabilitation improvements on a given set of properties are complete and the final amounts of funding are confirmed), the City Clerk will submit a corresponding by-law for Council to adopt pursuant to Section 36.14 of O.Reg. 586/06 to impose the Special Charges on the participating properties.

For each property included in the by-law, the Deputy-Treasurer will then add to the City’s tax roll for that property each year that portion of the imposed Special Charge that is due in that year. These collective steps will provide priority lien status for the annual amount that the Deputy-Treasurer adds to the tax roll and will ensure that any subsequent property owner who was not a party to the POA is bound to pay that amount.

To facilitate repayment of the annual Special Charge, the POA will require property owners to enroll in for the pre-authorized payment plan option of the 12 monthly instalments similar to the existing Program for property tax payments. Failure to

222

41-0007 2013-11 Page 1 of 6

make payments is treated with the same remedy as uncollected property taxes which may include penalties and interest charges. At any time, a property owner can make advance payments, including a one-time payment of the total outstanding amount owing to clear the property of the LIC charge.

Special Circumstances

Where a property owner is a qualifying Low Income Senior or Disabled Person as defined in By-law 2014- ____, by the current by-law to provide property tax relief in place at the time that the agreement is entered into, the property owner will have the option of paying the interest component of the loan only until the property owner either no longer qualifies for the Low Income Seniors and Disabled Persons Tax Rebate Program; or the property is sold or given to another person(s). At the time of property transfer, whether an arm’s length transaction or to a family member, the amount of the loan will be due in full to the City.

5. LIC Disclosure

As indicated above, the subsequent owner of a property on which the City has imposed a Special Charge is required to pay the City the annual LIC amount even though that subsequent owner was not a party to the original POA. In addition to the notice that the City will be giving in accordance with the provisions of O.Reg. 586/06, the City will take the following steps to ensure even greater transparency of the LIC to interested parties by:

i) As part of the Council Agenda, posting on the City’s website notice of the Special Charge by-law to impose the charge on the property in advance of its introduction and after its adoption; and

ii) Updating the Tax Certificate to include the full LIC amount, amount payable in the current year, outstanding amounts owing and a note to reference the by-law pursuant to which the Special Charge was imposed.

6. Quality Control

The property owner(s) is responsible for keeping original copies of contractor invoices of installed measures and be prepared to disclose this information to the City upon request.

The improvements must be completed within a reasonable timeframe, as stipulated in the POA, to be determined by the City in its sole discretion.

223

41-0007 2013-11 Page 1 of 6

Appendix “B”

City of Kawartha Lakes Septic Rehabilitation Program

Property Owner Agreement (POA)

As provided in the Pre-Application in Appendix D

Property Owners (hereinafter, collectively, the “Property Owner”):

1. 2. 3.

Property Identifying Information (hereinafter, the “Property”):

1. Address:

2. Assessment Roll:

Certified as sufficient, in accordance with O.Reg. 586/06:

____________________________ City Clerk

This Property Owner Agreement (“POA”), made in quadruplicate as of this ___ day of ______, 2014 (“Effective Date”)

Between:

Property Owner

Of the First Part

-and-


(hereinafter called the “City” and , together with the Property Owner, the “Parties”)

Of the Second Part

Whereas:

1. City of Kawartha Lakes Council (“Council”) at its meeting of February 11, 2014, adopted Resolution CR2014-161 (the “Decision”), and at its meeting of April 8, 2014

224

41-0007 2013-11 Page 1 of 6

enacted By-law 2014-___ (the “By-law”) pursuant to Section 36.5 and 36.6 of Ontario Regulation 586/06 to authorize the undertaking of septic rehabilitation on private property as local improvements as set out in the By-law.

2. Among other things, the Decision authorizes the Corporate Services Manager, Revenue and Taxation/Deputy-Treasurer to negotiate and enter into POAs with consenting property owners on the terms and conditions set out in the Decision which are incorporated, as appropriate, into this POA.

3. The Property Owner owns the Property.

4. The Property Owner has submitted a complete Pre-Application and complete Funding Request for the Property to participate in the Program.

5. The City has reviewed the Pre-Application and Funding Request and has approved the participation of the Property in the Program.

In consideration of the mutual covenants herein contained, the Parties agree as follows:

1. Definitions

In this POA, unless inconsistent with the subject matter or context:

“Actual Cost” means the invoiced cost of completion of the Actual Improvements as set out in Appendices A2 and F.

“Actual Improvements” means the Eligible Improvements undertaken to the property under the Program as indicated in Appendices A2 and F.

“Administrative Charge” means a $150 fee, representing the Property’s share of the City’s cost of administering the Program.

“Applicable Laws and Requirements” means:

(i) any statute or proclamation or any delegated or subordinate legislation, including regulations and municipal by-laws;

(ii) any lawful requirement of a Governmental Authority, including but not limited to those lawful requirements contained in POAs with the Governmental Authority or in approvals, certificates, permits and/or other authorizations issued by Governmental Authority; or

(iii) any applicable judgment of a relevant court of law, board, arbitrator or administrative agency of competent jurisdiction,

each of which is binding and in force in the Province of Ontario.

225

41-0007 2013-11 Page 1 of 6

“Approved Final Cost” has the meaning given to it in section 8, and as set out in Appendix A2;

“Assignment, Novation, and Release” means an agreement to assign this POA to a new owner of the Property and to release the Property Owner from his or her obligations under this POA, in the form attached as Appendix C;

“Business Day” means Monday to Friday inclusive, excluding statutory and other holidays, namely; New Year’s Day; Good Friday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Christmas Day; Boxing Day; and any other day which the City has elected to be closed for business;

“Business Hours” means the hours between 8:30 am and 4:30 pm (Eastern time zone);

“City”, “City of Kawartha Lakes” 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;

“City-Provided Material” means any written documentation or other material that the City makes available generally to the public or specifically to the Property Owner in connection with the Program or this POA;

“City Treasurer” 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;

“Corporate Services Manager, Revenue and Taxation/Deputy-Treasurer” 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;

“Cost of Borrowing” means the City’s notional cost of borrowing to fund the Program, charged to the Property by applying the Program Interest Rate to the Funding Amount over the Special Charge Term;

“Completion Date” means the date indicated in Appendix A1 by which the work shall be completed, as that date may be extended pursuant to section 6 of this POA;

“Contractor” means an insured person retained by the Property Owner to complete the work;

“Council” or “City Council” means the municipal council for the City.

“Current Value Assessment” means the current value assessment of the Property as shown on the last returned assessment roll at the time of submitting the Pre-Application to the City;

226

41-0007 2013-11 Page 1 of 6

“Deputy Treasurer” or “City Deputy Treasurer” 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;

“Disbursement” means the disbursement of the Funding Amount as calculated pursuant to section 10 and set out in Appendix A2;

“Eligible Improvements” means the septic rehabilitation improvement measures recommended for the Property, as set out in Attachment 1 to Appendix D;

“Estimated Cost” means the estimated cost of completion of the Intended Improvements as set out in Appendices A1 and E;

“Estimated Lifetime” means the estimated useful life of the intended improvements, as set out in Appendix A1;

“Funding Amount” means the total funds provided to the Property Owner by the City under this POA, and calculated pursuant to section 9 and set out in Appendix A2;

“Funding Request” means a request in the City’s prescribed form that the Property Owner has completed and submitted to the City’s satisfaction for funding for the work, which completed request is attached as Appendix E to this POA;

“Governmental Authority” means any federal, provincial or municipal government, parliament, legislature, or any regulatory authority, agency, ministry, department, commission or board or other representative thereof, or any political subdivision thereof, or in any court or (without limitation to the foregoing) any other law, regulation or rule-making entity, having jurisdiction over the relevant circumstances, or any person acting under the authority of any of the foregoing (including, without limitation, any arbitrator);

“Intended Improvements” means the Eligible Improvements intended to be undertaken to the Property under the Program as set out in Appendix E;

“Lifetime” means the effective useful life of the work, as set out in Appendix A2;

“Local Improvement Roll” means the local improvement roll for the Property setting out the Special Charge (Actual), as prepared and corrected by the City and certified by the City Deputy Treasurer in accordance with the Regulation;

“Low-income person with disabilities” means a person who is in receipt of benefits paid under the Ontario Disability Support Program Act, 1997; or a disability amount paid under the Family Benefits Act (Ontario); or a Canada Pension Plan Disabilities Pension, and be eligible to claim a disability amount as defined under the Income Tax Act (Canada).

227

41-0007 2013-11 Page 1 of 6

“Low-income Senior” means a person who attained the age of 65 years as of December 31st of the previous year and is in receipt of benefits paid under the Guaranteed Income Supplement (GIS) program, as established under The Old Age Security Act (Canada);

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56, as amended;

“Payment Term” means the time period over which the Property Owner will pay the Special Charge (Actual) commencing from the date of first payment of the Special Charge (Actual) and ending upon full payment of the Special Charge (Actual), which time period cannot exceed the Special Charge Term;

“Pre-Application” means an application in the City’s prescribed form that the Property Owner completed and submitted to the City’s satisfaction and that confirmed the Property’s eligibility to participate in the Program which completed form is attached as Appendix D to this POA;

“Pre-Authorized Property Tax Payment Program” means the City’s payment program in which a Property Owner authorized automatic withdrawals from his or her bank account for the City to pay property taxes and other charges collected through the tax bill as they become due and owing, such withdrawals to be made twelve times per calendar year;

“Program Documents” shall mean the documents comprising the Property Owners’ request to participate in the Program and to obtain the requested funding, consisting of the:

1. Pre-Application, attached as Appendix D; 2. Funding Request, attached as Appendix E; and 3. Program Completion Report, attached as Appendix F;

“Program Interest Rate” means the lending rate to municipalities posted by the Ontario Strategic Infrastructure Fund Authority (OSIFA) + 3% posted at the time the agreement is entered into, which interest rate will be fixed for the duration of the Special Charge Term:

Term Loan Amount

5 Years Up to $5,000

10 Years $5,001 - $10,000

15 Years $10,001 - $15,000

20 Years $15,001 - $35,000

228

41-0007 2013-11 Page 1 of 6

“Program Completion Report” means a report, in the City’s prescribed form, that the Property Owner will prepare and submit to the City’s satisfaction by the Property Owner to the City following completion of the work, for determination by the City, in accordance with this POA, of any Final Disbursement for which the Property qualifies, which completed report will be attached as Appendix F to this POA;

“Property Owner-Provided Material” means any written documentation or other material that the Property Owner provides to the City, including but not limited to the Program Documents;

“Regulation” means Ontario Regulation 586/06, Local Improvement Charges-Priority Lien Status regulation made pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as amended from time to time;

“Special Charge” means a charge imposed by the City on the property pursuant to the regulation;

“Special Charge (Actual)” means the final Special Charge for the Property based on the actual improvements, as set out in Appendix B2, that the City Council will impose on the Property;

“Special Charge (Estimated)” means the estimated Special Charge for the Property based on the Intended Improvements, as set out in Appendix B1;

“Special Charge Term” means the time period of five, ten, fifteen or twenty years, as selected by the Property Owner on Appendix E (Funding Request), commencing from the first payment due date for the Special Charge (Actual), which term cannot exceed the Lifetime of the work;

“Substantially Performed” shall mean when the work is ready for use or is being used for the purposes intended;

“Term” shall have the meaning ascribed to it in section 2; and

“work” means the actual improvements, collectively.

2. Term

This POA commences on the effective date and terminates at the end of the Payment Term. As provided by Section 20, the term continues even if ownership of the property transfers but, upon such transfer, the prior Property Owner may become eligible for a release.

3. Interpretation

Each of the following Appendices to this POA are incorporated by reference into this POA as if they were fully stated herein:

229

41-0007 2013-11 Page 1 of 6

Appendix A1 – Work – Intended Appendix A2 – Work – Actuals Appendix B1 – Special Charge – Estimated Appendix B2 – Special Charge – Actual Appendix C – Form of Assignment, Novation and Release Appendix D – Pre-Application Appendix E – Funding Request Appendix F – Program Completion Report Appendix G – POA Withdrawal From

Where there is a conflict between the language in any of the Appendices and this POA, the language of this POA shall prevail.

4. Property Owner’s Initial Covenants

The Property Owner covenants that the Property Owner:

(1) is the lawful owner of the Property, and that if more than one person owns the Property, all Property Owners are parties to and have signed this POA;

(2) has obtained the consent of all persons with a mortgage interest in the Property to participate in the Program, and has provided such consent to the City;

(3) understands and agrees that:

a. the Special Charges (Estimated) as set out in Appendix B1 is only an estimate of the Special Charge amount based on the Estimated Cost set out in Appendix A1;

b. the City shall provide the Property Owner from time to time with updated versions of Appendices A2 and B2 (as new information set forth in Appendices A2 and B2 becomes known) to which the Property Owner will then be bound except as otherwise provided in this POA;

c. the maximum Special Charge (Actual) for the Property cannot exceed twenty-five percent of the Current Value Assessment to a maximum of $35,000; and

d. the City will advise the Property Owner of the Special Charge (Actual) pursuant to Section 14.

(4) understands and agrees that by entering into this POA and providing a void blank cheque, the City will automatically enroll the Property Owner in the Pre-Authorized Property Tax Payment Program, which payment program will apply to payment of the Special Charge (Actual), the property taxes payable on the

230

41-0007 2013-11 Page 1 of 6

Property, and any other charges that are payable through the Property’s tax bill.

5. Property Owner’s Responsibility

The Property Owner(s) understands and agrees that it is the Property Owner’s sole responsibility to complete the work by retaining a contractor and to ensure that the work is completed by the Completion Date.

The City takes no responsibility for and has no involvement in retaining a contractor or any other person to complete the work. The City also takes no responsibility for and has no involvement in the completion of the work or in ensuring its completion, and the Property Owner is solely responsible for any action he or she may take that may impede or adversely affect the contractor and the contractor’s ability to complete the work in a timely manner. The Property Owner further understands and agrees that the City has no responsibility or liability to the Contractor or to the Property Owner for the completion of the work including, without limitation, any delays, errors, or defects in the completion of the work, any negligence of the contractor in the completion of the work, the contractor’s failure to complete the work, any payment or failure to make payment to the contractor or any other person in respect of completion of the work, and the discharge of any liens on the Property.

The Property Owner is not an agent of the City.

The Property Owner understands and agrees that payment for work completed in accordance with this POA and will only be issued upon receipt of the Final Inspection Report from the Building Division of the City of Kawartha Lakes and that the City will make payments to the Property Owner and the Contractor jointly in accordance with this POA only if all requirements for such payment have been met.

The City is not liable for any failure of the work to achieve the expected septic rehabilitation to qualify for a Final Disbursement under the Program. The Property Owner further understands and agrees that the maximum Funding Amount under the Program is the lesser of the three amounts set out in section 8 of this POA and that the Property Owner may not receive payment from the City of all, or any, costs incurred by the Property Owner to complete the work.

The City is not responsible for, and will not provide funding under the Program for, costs incurred by the Property Owner in retaining a certified contractor.

6. Completion Date

Provided that the Property Owner notifies the City in writing by a least 4:00 pm on the business day that is at least 10 business days before the Completion Date that the Property Owner is unable to substantially perform the work by the Completion Date, and provided further that the Property Owner indicates the reasons for the delay and makes available whatever additional written or verbal information the City requires,

231

41-0007 2013-11 Page 1 of 6

then the City retains the right in its discretion on a case by case basis to extend the Completion Date to a later date.

7. Approved Final Cost

Within 14 days of the earlier of (a) the work being Substantially Performed or (b) the Completion Date, the Property Owner shall provide the City with the Program Completion Report.

The City shall then verify the completeness and accuracy of the Program Completion Report, and will disqualify the Property from any funding under this POA if the Program Completion Report is incomplete or, in the City’s sole opinion, provides inadequate information to qualify for funding under this POA.

The City may, in its sole discretion, make any reasonable adjustments to the Actual Cost as evidenced on the Program Completion Report, and may inspect the work in accordance with Section 23 of this POA.

The Actual Cost as verified and adjusted by the City in its sole discretion will constitute the Approved Final Cost.

8. Funding Amount

The Funding Amount shall be the amount, net of any incentives/rebates, that is the lesser of:

(1) the Approved Final Cost;

(2) the Estimated Cost plus five (5) percent of the Estimated Cost; and

(3) the highest dollar amount that does not cause the Special Charge (Actual) to exceed twenty five percent of Current Value Assessment (CVA) including taxes when the City calculates the Special Charge (Actual) as set forth in Section 10(1) of this POA or $35,000.00.

9. Final Disbursement

The Final Disbursement shall be the Funding Amount as determined under section 8 of this POA.

The City will pay to the Property Owner and the contractor jointly the final disbursement within a reasonable period of time following receipt of the Program Completion Report, as determined by the City. Any City payment will be made by cheque payable to the Property Owner and the Contractor.

10. Special Charge

(1) Calculating the Special Charge

232

41-0007 2013-11 Page 1 of 6

After the final disbursement amount is paid to the Property Owner, the City will calculate the Special Charge (Actual) for the Property.

(2) Notice of the Special Charge

The City will advise the Property Owner of the proposed Special Charge (Actual) pursuant to Section 14.

(3) Consent to Levy of the Special Charge

The Property Owner consents to the Special Charge (Actual) being levied by the City on the Property pursuant to the Regulation, and agrees to pay the Special Charge (Actual) in equal annual amounts over the Special Charge Term, by making 12 monthly payments per year under the pre-authorized property tax payment plan.

At any time after the Special Charge (Actual) is levied on the Property by the City, the Property Owner can make a one-time payment of the amount of the Special Charge (Actual) remaining outstanding, which amount will include the Cost of Borrowing over the full Special Charge Term.

(4) Apportioning the Special Charge

The City apportions the Special Charge (Actual) on the basis of one Special Charge per property.

11. Property Owner’s Additional Obligations:

The Property Owner shall:

(1) Complete the work by the Completion Date;

(2) Remain enrolled and in good standing in the City’s Pre-Authorized Property Tax Payment Program for the duration of the Payment Term;

(3) If the Property Owner does not complete the work within the predetermined completion date, and did not comply with section 6, the property owner will be advised by regular mail of the failure to comply with the program and the loan will be forfeited should the terms of the agreement not be adhered to within ten business days of receipt of correspondence from the City;

(4) Provide the City access to all information related to the septic rehabilitation at the Property for the period commencing in the calendar year prior to the commencement of the work through to five years following the Completion Date.

233

41-0007 2013-11 Page 1 of 6

(5) Notify any party to whom the Property Owner plans to transfer the Property, whether a buyer or otherwise, in advance of such transfer that the Special Charge (Actual) has been, or will be imposed on the Property pursuant to the Program and the Regulation.

12. Withdrawal

The Property Owner may withdraw from this POA by completing the withdrawal form in Appendix G and submitting to the City Clerk by mail or in person so long as such submission arrives date-stamped no later than eight business days from the date the Property Owner submitted the signed POA to the City by mail or in person.

13. Certified POA

Once certified by the City Clerk, this POA is final and binding.

14. Notice of Local Improvement Roll

The City shall give notice to the Property Owner of the proposed Local Improvement Roll before the Special Charge (Actual) is imposed. The proposed Local Improvement Roll shall set out the proposed Special Charge (Actual) to be levied on the Property in respect of the undertaking of the work on the Property under this POA and under the Program.

Upon receipt of notice of the proposed Local Improvement Roll, the Property Owner has 21 days to provide to the City written objections or proposed revisions to the proposed Local Improvement Roll.

The City’s Deputy-Treasurer shall consider any objections and proposed revision to the proposed Local Improvement Roll as may be made by the Property Owner, and may make any corrections to the proposed Local Improvement which the Deputy-Treasurer considers fair and equitable as a result of such objections and proposed revisions. Once any such corrections are made, the Deputy-Treasurer shall certify the Local Improvement Roll.

The certified Local Improvement Roll and the Special Charge (Actual) set out in it shall be final and binding on the Property, and the work is conclusively deemed to have been lawfully undertaken in accordance with the Regulation.

15. Special Charges to be added to the Tax Roll

Pursuant to the Municipal Act, 2001 and the Regulation, once levied, the Special Charge (Actual) can be added by the City to the tax roll for the Property. Once added to the tax roll the Special Charge (Actual) has the same priority to all other liens as property taxes, and will become an obligation of all subsequent owners of the Property.

234

41-0007 2013-11 Page 1 of 6

The City will note the annual amount of the Special Charge (Actual) on the tax roll, and this amount will appear on any tax certificates requested for the Property.

The Special Charge (Actual) will be collected through the tax bill for the Property, and payment will be due and payable at the same time as property tax payments for the Property.

The portion of the Special Charge (Actual) annually payable will be added to the tax roll for the Property and will form a priority lien on the property if not paid when due.

16. Severed Lands

Where the Property Owner seeks to sever the Property, the Special Charge (Actual) shall remain with the parcel of land which is serviced by the Septic Rehabilitation Program.

17. Corrections to Special Charges and to the Local Improvement Roll

(1) The City may correct the Special Charge (Actual) pursuant to the Regulation, if the City’s Deputy-Treasurer determines that the Special Charge (Actual) is incorrect due to a gross or manifest error.

(2) The City’s Deputy-Treasurer will make any amendments and corrections to the Local Improvement Roll to reflect any correction to the Special Charge (Actual) made pursuant to subsection (1), and any apportionment of a Special Charge (Actual) pursuant to section 16, and shall certify the corrected Local Improvement Roll.

18. Above Guideline Rent Increases Restriction

If applicable, the participating Property Owner understands and agrees not to apply for an above-guideline rent increase pursuant to the Residential Tenancies Act to assist the Property Owner in paying the Special Charge (Actual) or any other costs associated with the work.

19. Events of Default

(1) The City may declare that an event of default has occurred (an “Event of Default”) if the Property Owner:

(a) fails to meet any of its obligations under this POA, including without limitation

(i) failure to make any payment to the City as it becomes due; or

(ii) work

235

41-0007 2013-11 Page 1 of 6

(iii) failure to adhere to its confidentiality obligations under this POA; or

(b) makes false or misleading representations or submits false or misleading information to the City.

(2) In the event that the City has declared that an event of default has occurred, the City may immediately, in its sole discretion, exercise one or more of the following remedies:

(a) terminate its obligations under this POA and, if applicable, demand repayment of all monies provided under this POA to the Property Owner to date;

(b) pursue a court action to recover all damages and/or demand specific performance; and/or

(c) add to the property tax roll for the Property the Initial Disbursement fee owed to the City pursuant to this POA.

20. Sale and Release

The Property Owner shall have the unfettered right to sell, transfer, charge, and mortgage, encumber or otherwise deal with the Property without the prior consent of the City.

In the event the Property is transferred to a new owner, and the property is not subject to interest only payments if the qualifying property owner was a Low Income Senior or Low Income Disabled Person, the Property Owner shall continue to be liable to the City for all Property Owner obligations and liabilities under this POA until the City signs the Assignment, Novation and Release, thereby releasing the Property Owner from obligations and liabilities under this POA.

Where the property owner was a qualifying Low Income Senior or Low Income Disabled Person and annual payments have been an amount sufficient to cover the interest component of the Special Charge (Actual) only and other amounts due and owing under this POA are to be paid in full.

The City shall not sign the Assignment, Novation and Release until all of the following conditions are met to the satisfaction of the City:

(1) The Property Owner provides the City with a registered copy of the Transfer of Property from the Property Owner to a new owner;

(2) The Special Charge (Actual) and other amounts due and owing under this POA for the portion of the Payment Term during which the Property Owner owned the Property are paid in full; and

236

41-0007 2013-11 Page 1 of 6

(3) The Property Owner provides the City with an original Assignment, Novation and Release in the form attached as Appendix D, executed by the Property Owner and the new owner.

The Property Owner acknowledges that nothing in this POA interferes with the City’s rights, benefits and powers under the Regulation and the Municipal Act, 2001 with respect to the Property or the Special Charge (Actual), and the City shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities thereunder.

21. Ownership, Disclosure, and Confidentiality or Written Material

(1) Ownership and Compelled Disclosure of Property Owner-Provided Material

Once in the possession and/or under the control of the City, any Property Owner-Provided Material becomes the property of the City and, consequently, subject to the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”). Pursuant to MFIPPA, the public has a right to seek access to these documents, in whole or in part, which the City must then disclose in accordance with the provisions of MFIPPA. Please note that those provisions safeguard against disclosure of personal information but exceptions to such safeguards do apply.

Moreover, the City may be required to disclose these documents pursuant to other Applicable Laws and Requirements regarding disclosure of information and production of documents, including (but not limited to) the Federal Courts Rules, the Ontario Rules of Civil Procedure, the Criminal Code of Canada, subpoenas and summonses to witness, court orders, and any other federal, provincial or municipal statutory power that compels the City to disclose such information and documents.

The City reserves the right to make all final disclosure decisions including those pursuant to MFIPPA.

(2) MFIPPA Designation of Property Owner-Provided Material

If the Property Owner finds that any of the Property Owner Provided Material, in whole or in part, contains information exempt from disclosure under MFIPPA (pursuant to Section 10 of MFIPPA or any other section) or the other disclosure obligations discussed above, then the Property Owner should clearly identify the exempted information to the City. Doing so will more easily enable the City to notify the Property Owner in advance of any disclosure the City may be compelled to undertake.

The City shall assume no liability that may arise from a Property Owner failing to identify information to which any of these disclosure obligations stated above applies and to provide the necessary information in support thereof.

237

41-0007 2013-11 Page 1 of 6

(3) Ownership and Confidentiality of City-Provided Materials

All City-Provided Material in connection with, or arising out of the Program or this POA:

a. is and shall remain the property of the City;

b. must be treated by the Property Owner as confidential and not disclosed to anyone other than the Property Owner or City of Kawartha Lakes staff (which does not include the City Council Members or their staff) without written consent from the City unless such City-Provided Material was obtained in a manner available generally to the public (such as from the City’s website); and

c. other than in connection with the Program, must not be used or disseminated by the Property Owner for any purpose, including (but not limited to) for purposes of lobbying on this or related matters without the express written permission of the City.

This provision survives the termination of the POA for five (5) years, beginning with the date on which the POA terminates.

22. Audit

The City may audit this POA and related records. The Property Owner shall at all times during the term of the POA, and for a period of two (2) years following the Payment Term, keep and maintain records of the work performed pursuant to this POA. This shall include proper records of invoices, vouchers, incentives/rebates, timesheets, and other documents that support actions taken by the Property Owner. The Property Owner shall at its own expense make such records available for inspection and audit by the City at all reasonable times.

23. Inspection

Until the date that is three (3) years from the Completion Date, the City reserves the right, upon 14 days written notice to the Property Owner, to have a City Official or a third party contractor retained by the City to inspect the work. Such inspection is solely for the purpose of verifying the work stated in the Program Completion Report. By conducting such inspection, the City is not making any representations or warranties with respect to the works and is not liable for any aspect of the work.

24. Indemnities

The Property Owner indemnifies and saves harmless the City of Kawartha Lakes, its Mayor, Members of Council, officers, employees and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the Property

238

41-0007 2013-11 Page 1 of 6

Owner’s performance or non-performance of its obligations, including breach of any confidentiality obligations under the POA or infringement, actual or alleged of any Canadian or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

Upon assuming the defense of any action covered under this section the Property Owner shall keep the City reasonably informed of the status of the matter, and the Property Owner shall make no admission of liability or fault on the City’s part without the City’s written permission.

25. Survival

In addition to any obligations set forth in this POA that by their nature survive the completion of the work or termination of this POA or otherwise expressly survive, those obligations set forth in section 21 (Ownership and Confidentiality of City-Provided Material), 22 (Audit), and 24 (Indemnities) shall continue to bind the Property Owner notwithstanding the completion of the Payment Term, the release by the City of the Property Owner of its obligations under this POA, or the termination of this POA.

26. Severability

If any provision of this POA or the application thereof to any person or circumstances is found to be invalid, unenforceable or void by any court or tribunal of competent jurisdiction, such provision shall be deemed severable and all other provisions of this POA shall be deemed to be separate and independent therefrom and continue in full force and effect.

27. Further Assurances

The Property Owner agrees that it will do all such acts and execute all such further documents, conveyances deeds, assignments, transfers and the like, and will cause the doing of all such acts and the execution of all such further documents (including waivers of moral rights) as are within its power to cause the doing or execution of, as the City may from time to time reasonably request, in writing, and as may be necessary or desirable to give full effect to this POA.

28. Notices

Any demand or notice to be given pursuant to this POA shall be duly and properly made and given if made in writing and either delivered to the party for whom it is intended into the address as set out below or sent by prepaid registered mail addressed to such party as follows:

In the case of the City:

239

41-0007 2013-11 Page 1 of 6

City of Kawartha Lakes 26 Francis Street, P.O. Box 696 Lindsay, ON K9V 4W9 Attention: Corporate Services Manager, Revenue and Taxation

In the case of the Property Owner, to the Primary Contact indicated in the Pre-Application or to such other addresses as the Parties may from time to time notify in writing, and any demand or notice so made or given shall be deemed to have been duly and properly made or given and received on the day on which it shall have been so delivered or, if mailed, then, in the absence of any interruption in postal service in the City of Kawartha Lakes affecting the delivery or handling thereof, on the day following three business days following the date of mailing. Should mail be returned when the address used was that of the Primary Contact in the POA, the future correspondence will be mailed to the same mailing address used for the purpose of tax collection for the property where the LIC has been levied.

29. Successors and Assigns

The POA shall endure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns.

30. Appendices

The Appendices to this POA shall constitute an integral part of this POA and all expressions defined in this POA shall have the same meanings in such attachments. In the case of a conflict between the body of this POA and any attachment, the provisions of the body of this POA shall take precedence.

31. Governing Law

This POA shall be governed by the laws of the Province of Ontario. Any dispute arising out of this POA will be determined by a court of competent jurisdiction in the Province of Ontario.

32. Entire POA

The POA forms the entire agreement between the Parties. In the event of conflict or inconsistency between the POA and any other agreement between the Parties, the POA shall prevail.

35. Amendments

The Parties can mutually agree to amend this POA.

34. Headings, subheadings, index numbers, reference numbers

240

41-0007 2013-11 Page 1 of 6

All headings, subheadings, index and reference numbers in POA and attachments are given for the convenience of the Parties and as such must be taken only as a general guide to the items referred to and not relied upon. It must not be assumed that such numbering is the only reference to each item, but the POA as a whole must be fully read in detail for each item.

In witness whereof the Parties have executed this POA as of the effective date.

Signed and delivered.


___________________________

Christine Norris Corporate Services Manager, Revenue and Taxation

__________________________

Judy Currins City Clerk

__________________________

Property Owner

241

41-0007 2013-11 Page 1 of 6

Appendix A1

Improvements – Intended

1. Intended Improvements

Intended Improvements Estimated Costs Estimated Lifetime

Total= Average=

2. Completion Date

The Property Owner will complete the above Intended Improvements by the Completion Date: _________________________________.

242

41-0007 2013-11 Page 1 of 6

Appendix A2

Improvements – Actual

1. Improvements

Actual Improvements Actual Cost Expected Lifetime

Total= Average=

2. Funding Amount

This Funding Amount is [amount] which is the lesser of:

(a) The Approved Final Cost which is [amount];

(b) The Estimated Cost plus five percent of the Estimated Cost which is [amount]; and

(c) The highest dollar amount that does not cause the Special Charge (Actual) to exceed twenty-five percent of Current Value Assessment (CVA) to a maximum loan of $35,000 when the City calculates the Special Charge (Actual) which is [amount].

3. Disbursement

The disbursement is [amount] which is equal to the Funding.

243

41-0007 2013-11 Page 1 of 6

Appendix B1

Special Charge – Estimated

The Special Charge (Estimated)* is [amount].

The Special Charge (Estimated) was calculated as follows:

Special Charge Term Years

Program Interest Rate %

Estimated Funding Amount $

Cost of Borrowing $

Administrative Charge $

Special Charge (Estimated) $

* Note: as per Section 14 of the POA, the City will notify the Property Owner of the Special Charge (Actual) prior to certification of the charge and adoption of the by-law to impose the charge on the Property.

244

41-0007 2013-11 Page 1 of 6

Appendix B2

Special Charge – Actual

The Special Charge (Actual) is [amount].

The Special Charge (Actual) was calculated as follows:

Special Charge Term Years

Program Interest Rate %

Actual Funding Amount $

Cost of Borrowing $

Administrative Charge $

Special Charge (Actual) $

245

41-0007 2013-11 Page 1 of 6

Appendix C

Form of Assignment, Novation and Release

(The current Property Owner of the Property can reproduce and use this form to satisfy the requirements in section 20 (Sale and Release). Please inquire with City staff if an electronic version is needed. Please note: This option is not available if the property owner is a Low Income Senior or Low Income Disabled Person and has been paying the interest component only of the Special Charge (Actual).)

This Agreement made as of the ___day of______, 2014.

Among:

_____________________ (the “Assignor”)

-and-

_____________________ (the “Assignee”)

-and-

_____________________ The City of Kawartha Lakes

(the “City”)

Whereas:

A. Pursuant to City of Kawartha Lakes By-law 2014-__, the Assignor applied to participate in the City of Kawartha Lakes Septic Rehabilitation Program and consequently, entered into a Property Owner Agreement with the City of Kawartha Lakes on ____________ (the “POA”), a copy of which is attached as Schedule A, to obtain funding for septic rehabilitation at the Property (the “Funding Amount”);

B. The City of Kawartha Lakes adopted By-law 2014-___ (the “By-law”) to impose on the Property a Special Charge in the amount of ________ that requires the owner of the Property to repay the Funding Amount, together the Cost of Borrowing and the Administrative Charge.

C. The POA includes additional obligations that are separate and apart from the obligation to repay the Special Charge (Actual) that the By-law has imposed on the Property.

Now Therefore in consideration of the transfer of the Property from the Assignor to the Assignee, the City’s release of the Assignor, and for other good and valuable consideration,

246

41-0007 2013-11 Page 1 of 6

the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows:

1. Definitions

Unless otherwise defined herein, all capitalized terms used in this POA shall have respective meanings ascribed to them in the POA.

2. Assignment of POA

The Assignor does hereby absolutely and unconditionally assign, novate, transfer, set over and convey unto the Assignee, for its sole use and benefit, all of the Assignor’s right, title, interest, obligations and liabilities in, to and under the POA from and after the date hereof.

3. Assumption of POA

The Assignee hereby accepts this assignment contained in Section 2 hereof and covenants and agrees with the Assignor that, from and after the date hereof, the Assignee assumes and is responsible for and will perform, observe, satisfy, discharge and pay as and when due the obligations and liabilities of the Assignor under the POA arising from and after the date hereof.

4. Consent of City

The City (in its capacity as an existing party under the POA), effective from and after the date hereof, hereby consents to the assignment of all the Assignor’s right, interest, obligations and liabilities in, to and under the POA, and accepts in full satisfaction the Assignee as a party to the POA in substitution for the Assignor.

5. Agreement between the City and Assignee

The Assignee covenants with the City that the Assignee will perform, observe, satisfy, discharge and pay when due the obligations and liabilities of the Property Owner under the POA arising from and after the date hereof. Among other things, the Assignee will provide information necessary for automatic enrolment in the Pre-Authorized Tax Payment Program as described further in the POA.

6. Release of the Assignor

In accordance with section 20 of the POA, the City hereby releases and discharges the Assignor of and from the observance and performance of the covenants, agreements and obligations under the POA, effective from and after the date hereof.

7. Joint and Several Liability

247

41-0007 2013-11 Page 1 of 6

The liability of each entity comprising the Assignee hereunder shall be joint and several.

8. Successors and Assigns

This Assignment, Novation and Release shall enure to the benefit of and shall be binding upon the Parties hereto and their respective heirs, executors and administrators, successors and assigns.

9. Governing Law

This Assignment, Novation and Release shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract.

10. Counterparts

This Assignment, Novation and Release may be executed in several counterparts and by facsimile transmission of an originally executed document, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

11. Further Assurances

Each of the Parties hereto shall from time to time hereafter and upon any reasonable request of the other, execute and deliver, make or cause to be made all such further acts, deeds, assurances and things as may be required or necessary to more effectually implement and carry out the true intent and meaning of this Assignment, Novation and Release.

12. Headings, Extended Meanings

The headings in this Assignment, Novation and Release are inserted for convenience of reference only and shall not constitute a part hereof and are not to be considered in the interpretation hereof. In this Assignment, Novation and Release, words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine gender and vice versa; and words importing persons include firms or corporations and vice versa.

248

41-0007 2013-11 Page 1 of 6

In witness whereof the Parties hereto have executed this Assignment, Novation and Release as of the date first written above.

In the presence of __________________________ Signature __________________________ Witness Name:

Assignor __________________________

Signature

__________________________ Print Name

In the presence of __________________________ Signature __________________________ Witness Name:

Assignee

__________________________ Signature

__________________________ Print Name

City of Kawartha Lakes

___________________________ Name:

249

41-0007 2013-11 Page 1 of 6

Appendix D

Pre-Application

Septic Rehabilitation Program

Pre-Application

Welcome to the City of Kawartha Lakes Septic Rehabilitation Loan Program (SRLP). The purpose of the Pre-Application is to provide pre-qualification for SRLP funding for you to make environmental improvements to your property. For fast pre-qualification, please complete the following form and submit it to the City. Further instruction on how to submit this application is found below.

What's Next?

Upon receipt of your completed Application, staff will review your form to determine your property’s eligibility based on the following:

Property type, location and verification of property ownership

Status of your property tax and utility bill payments

Mortgage lender consent (if applicable)

After successful completion of the review, if you qualify, the Program Manager will provide you with a Notice to Proceed letter that identifies:

The maximum eligible funding amount for your project

A SRLP file reference number for tracking your application as you proceed

How to submit the Pre-Application

Mail a hardcopy of this form to:

Septic Rehabilitation Loan Program City of Kawartha Lakes, Revenue & Taxation Division PO Box 9000 26 Francis St. Lindsay, ON K9V 5R8

or Fax the form to:

705-328-2620*

Attn: Septic Rehabilitation Loan Program

*Sending personal information by fax is not a secure means of transmission

250

41-0007 2013-11 Page 1 of 6

Septic Rehabilitation Loan Program

Pre-Application

A - APPLICANT INFORMATION

i. Applicant Primary Contact

The person to whom all communication (i.e. letters, e-mails), including any legal notices under the Property Owner Agreement with the City, will be directed.

Name of Primary Contact (First, Last):

Mailing Street Address:

City:

Postal Code:

E-mail address:

Telephone Number:

Relationship to Property:

owner manager tenant other (specify)

Preferred method of communication:

phone

e-mail

mail

A - APPLICANT INFORMATION

ii. Legal Name(s) of Property Owner(s)

Please identify all property owners listed on the registered title for the property. All registered owners of the home must be identified in this section and consent to participate in SRLP.

Name of Property Owner 1:



251

of 6


Pre-Application

C - PROPERTY INFORMATION

ii. Property Type

What best describes your Property (check one):

Fully Detached

Semi-detached

Cottage

Other ______________________

City of

Commercial

B - PROPERTY INFORMATION

i. Property Identifying Information (the “Property”)

Only Properties located within the boundary of the City of Kawartha Lakes can participate in SRLP. This is a pilot program, funding is limited.

Please identify the Property you are interested in making more energy and water efficient.

Property Street Address:

City:

Postal Code:

Assessment Roll No.*:

_

_

_

_

_

*You can find your assessment roll number by looking at the top right corner of your property tax bill. Provide the first 15 digits only.

252

of 6

D - MORTGAGE LENDER CONSENT

Properties that are subject to a mortgage(s) will require the property owner(s) to obtain written consent from all mortgage lenders prior to participating in SRLP. If you have a mortgage, a Lender Acknowledgement & Consent Letter and Form will be provided to you by the City. This form must be presented to the lender(s) with whom your mortgage(s) is registered for consideration. The completed form will form part of this Pre-Application and is incorporated into this Pre-Application.

A sample of these documents can be found here.

Is the Property subject to a mortgage? Yes No

If “yes”, then list the lenders(s) holding these mortgages:

Name of Lender 1:

Name of Lender 2:

Note: Failure to obtain written consent from all mortgage lender(s) could result in the property owner breaching a mortgage obligation with the lender. The City is not responsible or liable for such an outcome.

E - PROJECT STATUS

Help us to better understand the status of your project (check all that apply):

Project Status Check

(✔)

Not sure what improvements to complete/Early stage of exploring options

Have a very specific set of desired energy improvements

Have already completed the Pre-Retrofit Septic Rehabilitation Assessment that the City requires for the program

Have identified what contractor(s) who will implement the improvements

Have developed a detailed scope of work for my project

Have identified the rebates and incentives that are applicable to my project (local utility companies and others offer a number of incentives and rebates that

support Septic Rehabilitation improvements)

Have approached my mortgage lender to discuss participation in the Program

Have already obtained written mortgage lender consent for participation in the Program

Have secured the necessary financing to pay for my project

253

of 6

F - PROPERTY OWNER(S) SIGNATURE(S)

I/We the undersigned Property Owner(s) hereby:

Attest that all the information submitted as part of this application is truthful and accurate;

Give permission to the person named as the Applicant Primary Contact in this application to engage with the SRLP Program Manager and/or other City staff on our behalf;

Have read and understand the SRLP Program Requirements and consent to the participation of the Property in the Program; and

Understand and agree that any funding received under SRLP will be repaid to the City by payment of a special charge added to the Property's tax account by the City.

Property Owner 1 Name (printed) Property Owner 1 Signature Date



254

of 6

The personal information on this form is collected under the authority of Municipal Act, 2001, and Ontario Regulation 586/06, Information collected will be used by City Divisions to assess and qualify Properties for the Program; followed by subsequent communication with the Applicant Primary Contact in order to access Program funding. Questions about this collection can be directed to the City Clerk, 26 Francis St., PO Box 9000, Lindsay, ON K9V 5R8 (705)324 9411

255

of 6

Appendix E

Funding Request

256

of 6

City of Kawartha Lakes Septic Rehabilitation Loan Program

Funding Request

The Funding Request is the second step of a three-part application process to access funding from the City of Kawartha Lakes' Septic Rehabilitation Loan Program (SRLP). Applicants are required to first complete a Pre-Application and receive a SRLP File Reference Number before proceeding to this stage.

This checklist is provided to assist Applicants in preparing the required items for submission to the City as accompaniment to the Funding Request form:

✔ Information to Provide Instructions

List of Intended Improvements

Indicate in Attachment 1 which of the eligible improvements you intend to install.

Estimated Costs of Intended Improvements

Provide in Attachment 1 3 quotes including descriptions and cost estimates obtained from contractors for the improvements you intend to install.

Void Cheque Submit as Attachment 2 a void cheque or a deposit

slip from the account that will be debited for the City's Pre-Authorized Tax Payment Plan.

Additional information about the Program can be found on the City's website by visiting www.city.kawarthalakes.ca. Any questions you may have can be directed to [email protected] or by calling 705-324-9411.

What's Next?

After receiving your completed form and documentation, the Application will be reviewed by a Committee for completeness and to ensure the application meets the program requirements. If the application is approved a Property Owner Agreement (the 'POA') between the Property Owner(s) and the City of Kawartha Lakes will be prepared. The POA must be signed by the Property Owner(s) in order to access funding from the Program.

257

of 6


Funding Request

Once all Property Owner(s) have signed the POA and received back from the City a POA that has been signed by the Corporate Services Manager – Revenue & Taxation and certified by the City Clerk, the Applicant can then proceed with engaging contractors and completing the improvements.

How to submit the Funding Request



City of Kawartha Lakes, Revenue & Taxation Division PO Box 9000 26 Francis St. Lindsay, ON K9V 5R8

or Fax the form to:

705-328-2620*


*Sending personal information by fax is not a secure means of transmission.

258

of 6


Funding Request

SRLP File Reference No.

-

A - SEPTIC REHABILITATION DETAILS

A- SEPTIC REHABILITATION DETAILS

Please submit with this Funding Request three quotes with the details of the work to be completed.

These quotes must include:

1. The work to be undertaken.

2. The expected start and completion date.

3. Estimated costs of the work to be completed.

Project Timeframe

The City will use the dates provided in this section to establish key dates for the Property Owner Agreement.

Expected project start date (dd/mm/yyyy)

Expected project completion date (dd/mm/yyyy)

B – SEPTIC REHABILITATION PROJECT DETAILS

ii. Intended Project Details Table – Attachment 1

Please use the attached table (Attachment 1) to provide details about the septic improvements that will be included in the project for which you are seeking funding through the Septic Rehabilitation Loan Program.

259

of 6


Funding Request

C - PROGRAM INTEREST RATES AND TERMS

SRLP offers low interest rates and flexible payment terms. The interest rates will be set at the time the agreement is entered into based upon the lending rate to municipalities by OSIFA + 3%. The rates are fixed and will not fluctuate over the term.

Please select the term that best suits your needs (check one). Check (✔) Terms Maximum Loan Amount

5 years Up to $5,000

10 years $5,001 to $10,000

15 years $10,000 to $15,000

20 years $15,001 to maximum of $35,000

Note: An administrative charge of $150 will be levied for administering the Program, will be applied and calculated on the final funding amount.

D - ESTIMATED COSTS AND INCENTIVES

Please complete the following table to provide details about the amount of funding requested from the Program based on the improvements described in Attachment 1.

Total estimated cost of Intended Improvements (from Attachment 1)

$

Less: Total estimated incentives/rebates to be received (from Attachment 1)

$

Total Estimated Funding Amount:

$

Note: A final disbursement is provided only upon City approval of your completed Project Completion Report in accordance with the terms and conditions of your Property Owner Agreement.

260


Funding Request

ATTACHMENT 1 - INTENDED PROJECT DETAILS TABLE


-

✔ INTENDED IMPROVEMENTS

DESCRIPTION CONTACTOR NAME ESTIMATED COST

Indicate (✔) ONLY those

improvements identified in the Septic Rehabilitation Assessment Report that the Property Owner(s) intends to complete

i.e. equipment make/model, materials, Identify the name of the Contractor's Company providing a cost estimate

Indicate the Estimated Cost for each improvement based on Contractor estimates, including equipment, materials, labour and HST

Description Contractor Name Estimated Cost

Repair Septic Tank

Replace Septic Tank

Repair Holding Tank

Replace Holding Tank

Repair Tile Bed

Replace Tile Bed

Other

Other

261

of 6


Funding Request

ATTACHMENT 2 - VOID CHEQUE

[Include a void cheque or a deposit slip from the account that will be debited for the City's Pre-Authorized Tax Payment Plan]

262

of 6

Appendix F

Program Completion Report

263

of 6



Project Completion Report

The Project Completion Report is the final step to accessing funding from the City of Kawartha Lakes Septic Rehabilitation Loan Program (SRLP). This report is to be provided no later than 14 days after the completion of the Septic Rehabilitation work.

Below is a checklist of items an Applicant must provide the City for the City to approve the final disbursement of funds. All documents attached to this report are incorporated into this report as if fully stated directly in this report:

✔ Information to Provide Instructions

List of Actual Improvements

Indicate in Attachment 1 a complete and accurate list of actual improvements that were installed.

Provide the final inspection report from the City’s Building Division proving the work has been installed in accordance with local codes and by-laws.

Final Costs for each of the Actual Improvements

Provide in Attachment 1 final costing details obtained from contractor(s) invoices for the septic improvements installed.

Rebates/Incentives information

Confirm in Attachment 1 the any applicable financial rebates and incentives that your project will receive.

Additional information about the Program can be found on the City's website by visiting city.kawarthalakes.on.ca. Any questions you may have can be directed to the SRLP Program Manager by e-mailing [email protected] or by calling 705-324-9411.

What's Next?

Upon receipt of your Project Completion Report, the Program Manager will:

Verify the results of your Post-Retrofit Home Energy Assessment

Prepare a final costing schedule to accompany the Property Owner Agreement based on your actual project costs

Process and mail the final disbursement cheque

264

of 5




Now that your project is complete, the City will levy a special charge onto your property. Notice will be provided to you before this happens. A portion of the special charge will then be added to your tax bill annually. You will begin to repay the City via twelve monthly installments per year. Since you will be automatically enrolled in the City's pre-authorized payment plan, the monthly deductions will occur automatically.

Be advised that the City collects payments via the property tax bill in the same manner, and subject to the same penalties, remedies and lien priorities, as property taxes.

How to submit the Project Completion Report


Septic Rehabilitation Loan Program City of Kawartha Lakes, Revenue & Taxation Division PO Box 696 26 Francis St. Lindsay, ON K9V 4W9

or Fax the form to:

705-328-2620*


*Sending personal information by fax is not a secure means of transmission.

265

of 5




ATTACHMENT 1 - ACTUAL PROJECT DETAILS TABLE


-

✔ INTENDED IMPROVEMENTS

DESCRIPTION CONTACTOR NAME ESTIMATED COST

Indicate (✔) ONLY those

improvements identified in the Septic Rehabilitation Assessment Report that the Property Owner(s) did install

i.e. equipment make/model, materials, Identify the name of the Contractor who

installed the improvement

Indicate the Actual Cost for each improvement installed. The Actual Cost includes equipment, materials, labour and HST

Description Contractor Name Actual Cost

Repair Septic Tank

Replace Septic Tank

Repair Holding Tank

Replace Holding Tank

Repair Tile Bed

Replace Tile Bed

Other

Other

266

of 5




I hereby certify that the information contained in this report is complete and accurate:

Signature – Certified Installer(s) Name – Installer Date

✔ ACTUAL INCENTIVES/REBATES ACTUAL AMOUNT

Indicate (✔) ONLY those incentives and rebates the Property Owner will actually receive Identify the actual incentive dollar amount ($)

267

of 5

Appendix G

POA Withdrawal Form (as permitted pursuant to subsection 36.4(4) of Ontario Regulation 586/06)

If you intend to withdraw from the POA, this form must be completed and submitted no later than 8 business days after you submit your signed POA to the City

I/we as signatory(ies) to a Property Owner Agreement with the City of Kawartha Lakes, dated _____________ (insert effective date), concerning my/our property identified as ______________ (insert Assessment Roll Number) (the “POA”) withdraw my/our signature(s) from the POA.

_________________________ Property Owner 1: Print Name: Date:

_________________________ Property Owner 2: Print Name: Date:

__________________________ Property Owner 3: Print Name: Date:

Send the completed form to:

City of Kawartha Lakes Attention: Corporate Services Manager, Revenue & Taxation/Deputy Treasurer

City Hall, 26 Francis Street P.O. Box 696 Lindsay, ON K9V 4W9

268


BY-LAW 2014-

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 Rural Affairs, AND THE CORPORATION OF THE CITY OF KAWARTHA LAKES

FOR FUNDING UNDER THE RURAL ECONOMIC DEVELOPMENT PROGRAM FOR THE WATER RESEARCH AND INNOVATION NETWORK (WRAIN) PROJECT

Recitals 1. The Province of Ontario provides grant funding to the municipality to assist with

the cost of the Project funding. 2. The Province of Ontario requires an Agreement that sets out the terms and

conditions for the municipality to receive this grant funding. 3. This By-law authorizes the Agreement to be executed by the municipality.




“City”, “City of Kawartha Lakes” 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; “Council” or “City Council” means the municipal council for the City.

“Director of Economic Development” 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. “Mayor” means the Chief Executive Officer of the City.

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.


1.04 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.

Section 2.00: Approval

2.01 Approvals: The Agreement appended to this By-law as Schedule “A” is

approved. 2.02 Authorization: The Mayor and City Clerk are authorized to sign the Agreement

appended to this By-law as Schedule “A”, and to affix the City’s corporate seal to them.

269


3.01 Administration The Director of Economic Development shall be responsible for

the administration of this By-law.

3.02 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 8th day of April, 2014. ________________________________ Ric McGee, Mayor


Agreement MRA Red Funding WRAIN Project.pdf

270

THE AGREEMENT effective as of the 12th day of February, 2014.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

as represented by the Minister of Rural Affairs

("MRA")

- and -


(the "Recipient")

Background: MRA funds projects similar to the Project described in Schedule "A" under the Rural Economic Development Program.

The Recipient has applied to MRA for funds under the Rural Economic Development Program to assist the Recipient in carrying out the Project and MRA wishes to provide such funds.

Consideration: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Parties agree as follows:

ARTICLE 1. DEFINITIONS

1.1. Interpretation. For the purposes of interpretation:

a) words in the singular include the plural and vice-versa;

b) words in one gender include all genders;

c) the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement;

d) any reference to dollars or currency shall be to Canadian dollars and currency; and

e) "include", "includes" and "including" shall not denote an exhaustive list.

1.2. Definitions. In the Agreement the following terms shall have the following meanings:

"Agreement" means this agreement entered into between MRA and the Recipient and includes all of the schedules listed in section 26.1.

“BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario), including any directives issued pursuant to that Act.

"Budget" means the budget attached to the Agreement as Schedule "B".

“Business Day” means any working day, Monday to Friday inclusive, but excluding statutory and other holidays, and any other day which the Ministry has elected to be closed for business.

"Effective Date" means the date set out at the top of the Agreement.

1 RED2-6075

271

“Eligible Costs” means the costs described under Part B.1 of Schedule “B” of this Agreement that

are directly attributable to the Project and are incurred and paid by the Recipient between the Effective Date and the Project Completion date and, more specifically, according to Part B.2 of Schedule B of this Agreement. "Event of Default" has the meaning ascribed to it in section 14.1.

"Force Majeure" has the meaning ascribed to it in Article 24

"Funding Year" means:

a) the period commencing on the Effective Date and ending on the following March 31; and

b) if there are Funding Years subsequent to the Funding Year in (a), the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31.

"Funds" means the money provided by MRA to the Recipient pursuant to the Agreement.

"Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her Ministers, agents, appointees and employees.

"Maximum Funds" means $ 145,000.00

"Notice" means a communication required to be given pursuant to the Agreement.

"Parties" means MRA and the Recipient.

"Party" means either MRA or the Recipient.

"Project" means the undertaking described in Schedule "A".

“Project Completion Date” means the date set out for completion of the project in Schedule “A”.

"Reports" means the reports described in Schedule "D", “E” and “F”.

"Timelines" means the Project schedule set out in Schedule "B".

“Wind Down Costs” means the Recipient’s reasonable costs to wind down the Project.

ARTICLE 2. REPRESENTATIONS, WARRANTIES AND COVENANTS

2.1. General. The Recipient represents, warrants and covenants that:

a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement;

b) it has, and shall continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; and

c) any information the Recipient provided to MRA in support of its request for Funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it, and shall continue to be true and complete for the term of the Agreement in every respect.

2.2. Execution of Agreement. The Recipient represents and warrants that:

a) it has the full power and authority to enter into the Agreement; and

b) it has taken all necessary actions to authorize the execution of the Agreement.

2 RED2-6075

272

2.3. Governance. The Recipient represents, warrants and covenants that it has, and shall maintain,

in writing, for the period during which the Agreement is in effect:

a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization;

b) procedures to ensure the ongoing effective functioning of the Recipient;

c) decision-making mechanisms;

d) procedures to provide for the prudent and effective management of the Funds;

e) procedures to enable the successful completion of the Project;

f) procedures to enable the timely identification of risks to the completion of the Project and strategies to address the identified risks;

g) procedures to enable the preparation and delivery of all Reports required pursuant to Article 7; and

h) procedures to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under the Agreement.

2.4. Supporting Documentation. Upon request, the Recipient shall provide MRA with proof of the matters referred to in Article 2.

ARTICLE 3. TERM OF THE AGREEMENT

3.1. Term. The term of the Agreement shall commence on the Effective Date and shall expire on June 30, 2016 unless terminated earlier pursuant to Article 12, Article 13 or Article 14.

ARTICLE 4. FUNDS AND CARRYING OUT THE PROJECT

4.1. Funds Provided. Subject to the Recipient’s strict compliance with the terms and conditions of this Agreement, MRA shall:

a) provide Funds for fifty percent (50%) of the Eligible Costs that the Recipient incurred, paid and claimed in the required form subject to the respective deadlines and Funding Year limits set out in Schedule “C” to this Agreement. Note: The percentage noted above in Article 4.1a) is rounded to a whole number. For payment purposes the percentage is calculated to 10 decimal places and is based on the Eligible Costs that the Recipient incurred.

b) provide Funding up to the Maximum Funds to the Recipient;

c) provide Funding as long as the total amount of the Funds and federal assistance for the Eligible Costs actually incurred and paid by the Recipient does not exceed seventy-five percent (75%), or in the case of special circumstances, ninety percent (90%) of those costs; and

d) deposit the Funds into an account designated by the Recipient provided that the account:

i) is at a Canadian financial institution in Canada; and

ii) is in the name of the Recipient.

4.2. Limitation on Payment of Funds. Despite section 4.1, MRA:

a) may not provide any Funds to the Recipient until the Recipient provides the insurance certificate or other documents provided for in section 11.2;

b) is not obligated to provide any Funds until it is satisfied with the progress of the Project and has received the progress report as described in Schedule “E” and the claim statement as described in Schedule “D”;

3 RED2-6075

273

c) may withhold any amount allocated to a particular Funding Year as set out in Schedule “C” if the Recipient fails to meet the corresponding Funding Year claim deadline and, if a payment is withheld pursuant to this provision,

i) shall have no further obligation to make this particular Funding Year payment to the Recipient thereafter;

ii) may reduce the amount of the Maximum Funds.

d) shall hold back 10% of the Funds until MRA has received a completed Final Project Report in accordance with Schedule “F” that is satisfactory to MRA in its sole and absolute discretion;

e) if, pursuant to the provisions of the Financial Administration Act (Ontario) as amended, MRA does not receive the necessary appropriation from the Ontario Legislature for any payment Ontario may be obligated to make under the Agreement, MRA is not obligated to make the payment and MRA may, pursuant to section 13.1, terminate the Agreement or may reduce the amount of the Maximum Funds and may, in consultation with the Recipient, change the Project; and

f) is not obligated to pay interest on the hold back as described in d) or any other payments under this Agreement.

4.3. Use of Funding and Project. The Recipient shall:

a) carry out the Project;

i) on or before the Project Completion Date according to the summary, activities and Timelines of the Project as set out in Schedules “A” and “B” of this Agreement; and the Budget and Payment Schedule as set out in Schedules “B” and “C” of this Agreement;

ii) in strict compliance with the terms of the Agreement; and

iii) in compliance with all federal and provincial laws or regulations, all municipal by-laws, and any other orders, rules or by-laws related to any aspect of the Project.

4.4. No Changes. The Recipient shall:

a) not make any changes to the Project, the Timelines and/or the Budget without the prior written consent of MRA; and

b) abide by the terms and conditions MRA may require pursuant to any consent.

4.5. Maximum Funds. The Recipient acknowledges that, notwithstanding any other provision herein, the Funds available to it pursuant to the Agreement shall never exceed the Maximum Funds.

4.6. Rebates, Credits and Refunds. The Recipient shall not use the Funds for any costs including taxes for which it has received, will receive, or is eligible to receive a rebate, credit or refund.

ARTICLE 5. ACQUISITION OF GOODS AND SERVICES

5.1. Acquisition. Subject to section 31 if the Recipient acquires supplies, equipment or services with the Funds, it shall do so through a process that promotes the best value for the money.

ARTICLE 6. CONFLICT OF INTEREST

6.1. No Conflict of Interest. The Recipient shall carry out the Project and use the Funds without an actual, potential or perceived conflict of interest.

6.2. Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where:

4 RED2-6075

274

a) the Recipient; or

b) any person who has the capacity to influence the Recipient's decisions;

has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased and impartial judgment relating to the Project and the use of the Funds.

6.3. Disclosure to MRA. The Recipient shall:

a) disclose to MRA without delay any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and

b) comply with any terms and conditions that MRA may prescribe as a result of the disclosure.

ARTICLE 7. REPORTING, ACCOUNTING AND REVIEW

7.1. Preparation and Submission. The Recipient shall:

a) submit to MRA at the address provided in Section 17.1, all Reports in accordance with the timelines and content requirements set out in Schedules "C", “D”, “E” and “F” or in a form as may be specified by MRA from time to time;

b) more particularly, if project is longer than six months, submit progress reports on June 1st and December 1st of each Funding Year between the Effective Date and the Project Completion Date of this Agreement;

c) more particularly, submit the final Project report within sixty (60) Business Days of the Project Completion Date;

d) submit to MRA at the address provided in Section 17.1, any other reports as may be requested by MRA in accordance with timeline and content requirements specified by MRA;

e) ensure that all Reports and other reports are completed to the full satisfaction of MRA; and

f) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer.

7.2. Record Maintenance. The Recipient shall keep and maintain:

a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and

b) all non-financial documents and records relating to the Funds or otherwise to the Project.

7.3. Inspection. MRA, its authorized representatives or an independent auditor identified by MRA may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's expenditure of the Funds, and for these purposes MRA, its authorized representatives or an independent auditor identified by MRA, may:

a) inspect and copy the records and documents referred to in section 7.2; and

b) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds and/or Project.

7.4. Disclosure. To assist in respect of the rights set out in Section 7.3, the Recipient shall disclose any information reasonably requested by MRA, its authorized representatives or an independent auditor identified by MRA, and shall do so in a form reasonably requested by MRA, its authorized representatives or an independent auditor identified by MRA, as the case may be.

7.5. No Control over Unrelated Information. No provision of the Agreement shall be construed so as to give MRA any control whatsoever over the Recipient’s documentation or information that is not related to the Project or to the expenditure of Funds.

5 RED2-6075

275

7.6. Auditor General. For greater certainty, MRA's rights under this Article are in addition to any

rights provided to the Auditor General pursuant to section 9(1) of the Auditor General Act (Ontario).

ARTICLE 8. CREDIT

8.1. Acknowledge Support. Unless otherwise directed by MRA, the Recipient shall, in a form approved by MRA, acknowledge the support of MRA in any publication of any kind, written or oral, relating to the Project.

8.2. Publication. If the Recipient publishes any material of any kind, written or oral, relating to the Project, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect those of MRA.

8.3. Ontario Publicizing Information About the Recipient’s Project. The Recipient acknowledges that MRA may publicize information regarding the Recipient’s Project, including the amount of Funding received by the Recipient and the nature of the Project.

ARTICLE 9. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

9.1. FIPPA. The Recipient acknowledges that MRA is bound by the Freedom of Information and Protection of Privacy Act (Ontario), as amended from time to time, and that any information provided to MRA in connection with the Project or otherwise in connection with the Agreement is subject to disclosure in accordance with that Act.

ARTICLE 10. INDEMNITY

10.1. Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively, "Claims"), by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of MRA.

ARTICLE 11. INSURANCE

11.1. Recipient's Insurance. The Recipient represents and warrants that it has, and shall maintain for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B + or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including:

a) commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000.00) per occurrence. The policy shall include the following:

i) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement;

ii) a cross-liability clause;

iii) contractual liability coverage; and

iv) thirty (30) day written notice of cancellation, termination or material change.

11.2. Proof of Insurance. If requested by MRA, the Recipient shall provide MRA with certificates of insurance, or other proof as may be requested by MRA, that confirms the insurance coverage as

6 RED2-6075

276

provided for in section 11.1. If requested by MRA, the Recipient shall make available to MRA a copy of each insurance policy.

ARTICLE 12. TERMINATION ON NOTICE

12.1. Termination on Notice. MRA may terminate the Agreement at any time upon giving at least thirty (30) days’ Notice to the Recipient.

12.2. Consequences of Termination. If MRA terminates the Agreement pursuant to section 12.1, MRA may:

a) cancel all further payment of Funds;

b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and

c) determine the Wind Down Costs, and:

i) permit the Recipient to offset the Wind Down Costs against the amount the Recipient owes pursuant to subsection 12.2(b); and/or

ii) subject to section 4.5, provide Funds to the Recipient to cover the Wind Down Costs.

ARTICLE 13. TERMINATION WHERE NO APPROPRIATION

13.1. Termination Where No Appropriation. If, as provided for in section 4.2(e), MRA does not receive the necessary appropriation from the Ontario Legislature for any payment MRA is obligated to make under the Agreement, MRA may terminate the Agreement immediately by giving Notice to the Recipient.

13.2. Consequences of Termination. If MRA terminates the Agreement pursuant to section 13.1, MRA may:

a) cancel all further payment of Funds;

b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient.

13.3. No Additional Funds. For purposes of clarity, MRA shall not provide Funds to the Recipient to cover the Wind Down Costs where there is a termination due to lack of appropriation.

ARTICLE 14. EVENTS OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT

14.1. Events of Default. Each of the following events shall constitute an "Event of Default":

a) in the opinion of MRA the Recipient has knowingly provided false or misleading information regarding its request for Funds or in any other communication with MRA;

b) in the opinion of MRA the Recipient breaches any representation, warranty, covenant or material requirement of the Agreement, including failing to do any of the following in accordance with the terms of the Agreement:

i) carry out the Project;

ii) use the Funds; and/or

iii) provide Reports or such reports as may have been requested;

c) the nature of the Recipient's operations, its corporate status or its organizational structure changes so that it no longer meets one or more of the applicable eligibility requirements of the program under which MRA provides the Funds;

7 RED2-6075

277

d) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver;

e) the Recipient ceases to operate; and

f) an event of Force Majeure continues for a period of sixty (60) days or more.

14.2. Corrective Action. If an Event of Default occurs MRA may, at any time, take one or more of the following actions:

a) initiate any action MRA considers necessary in order to facilitate the successful continuation or completion of the Project;

b) suspend the payment of Funds for such period as MRA determines appropriate;

c) reduce the amount of the Funds;

d) cancel all further payment of Funds;

e) demand the repayment of an amount equal to any Funds the Recipient used for purposes not agreed upon by MRA;

f) demand the repayment of an amount equal to any Funds MRA provided to the Recipient; and/or

g) terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient.

14.3. Opportunity to Remedy. In addition to its rights provided for in section 14.2, MRA may provide the Recipient an opportunity to remedy the Event of Default by providing Notice to the Recipient:

a) of the particulars of the Event of Default; and

b) of the period of time within which the Recipient is required to remedy the Event of Default.

14.4. Recipient not Remedying. If MRA has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.3 and:

a) the Recipient does not remedy the Event of Default within the time period specified in the Notice;

b) it becomes apparent to MRA that the Recipient cannot completely remedy the Event of Default within the time specified in the Notice or such further period of time as MRA considers reasonable; or

c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to MRA.

MRA may initiate any one or more of the actions provided for in subsections 14.2 (a), (b), (c), (d), (e), (f) and (g).

14.5. Effective Date of Termination. Termination under this Article shall take effect as set out in the Notice.

ARTICLE 15. FUNDS AT THE END OF A FUNDING YEAR 15.1. Funds at the End of a Funding Year. Without limiting any of MRA’s rights under Article 14, if

the Recipient has not:

a) met a claim deadline set out in Schedule “C";

b) satisfied MRA in its sole and absolute discretion, that all of the Funds allocated to the corresponding Funding Year, as set out in Schedule “C” of this Agreement, were spent by the Recipient that same Funding Year to carry out the Project in accordance with the terms and conditions of the Agreement

8 RED2-6075

278

MRA may reduce the Funds allocated to that Funding Year and the Maximum Funds accordingly.

ARTICLE 16. REPAYMENT

16.1. Debt Due. If MRA demands the payment of any monies, including any Funds from the Recipient or if the Recipient owes any monies, including any Funds, to MRA, whether or not their repayment has been demanded by MRA, such monies shall be deemed to be a debt due and owing to MRA by the Recipient, and the Recipient shall pay or return the amount to MRA immediately unless MRA directs otherwise.

16.2. Interest Rate. MRA may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable.

16.3. Cheque Payable To. The Recipient shall pay any monies owing to MRA by cheque payable to the "Ontario Minister of Finance" and mailed to MRA at the address provided in section 17.1.

ARTICLE 17. NOTICE

17.1. Notice in Writing and Addressed. Notice shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile or email, and shall be addressed to, MRA and the Recipient respectively, as set out below:

To MRA: To the Recipient:

Ministry of Rural Affairs 4th Floor, 1 Stone Road West Guelph, Ontario N1G 4Y2

The Corporation of the City of Kawartha Lakes 180 Kent Street West Lindsay, Ontario K9V 2Y6

Attention: Martin Bohl, Director, Rural Programs Branch, Economic Development Division

Attention: Tonya Kraan, Manager of Innovation

Fax: 519-826-3398 Email: [email protected]

Fax: (705) 324-1750 Email: [email protected]

9 RED2-6075

279

17.2. Notice Given. Notice shall be deemed to have been received:

a) in the case of postage-prepaid mail, five (5) Business Days after such Notice is mailed; or

b) in the case of personal delivery, facsimile or email, one (1) Business Day after such Notice is received by the other Party.

17.3. Postal Disruption. Despite subsection 17.2(a), in the event of a postal disruption,

a) Notice by postage-prepaid mail shall not be deemed to be received; and

b) the Party giving Notice shall provide Notice by personal delivery, facsimile or email.

ARTICLE 18. SEVERABILITY OF PROVISIONS

18.1. Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed.

ARTICLE 19. WAIVER

19.1. Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 17. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply.

ARTICLE 20. INDEPENDENT PARTIES

20.1. Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of MRA and the Recipient shall not take any actions that could establish or imply such a relationship.

ARTICLE 21. ASSIGNMENT OF AGREEMENT OR FUNDS

21.1. No Assignment. The Recipient shall not assign any part of the Agreement or any Funds without the prior written consent of MRA which MRA may, in its sole discretion, provide or withhold.

21.2. Agreement to Extend. The rights and obligations contained in the Agreement shall extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns.

ARTICLE 22. GOVERNING LAW

22.1. Agreement Governed By. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in Ontario.

ARTICLE 23. FURTHER ASSURANCES

23.1. Agreement into Effect. The Parties shall do or cause to be done all acts or things necessary to implement and carry into effect the terms of the Agreement to its full extent.

10 RED2-6075

280

ARTICLE 24. CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

24.1. Force Majeure Means. For the purposes of the Agreement, "Force Majeure" means an event that is:

a) beyond the reasonable control of a Party; and

b) makes a Party's performance of its obligations under the Agreement impossible or so impracticable as reasonably to be considered impossible in the circumstances.

24.2. Force Majeure Includes. Force Majeure includes:

a) infectious diseases, war, riots and civil disorder;

b) storm, flood, earthquake or other severely adverse weather conditions;

c) confiscation or other similar action by government agencies;

d) lawful act by a public authority; and

e) strikes, lockouts and other labour actions,

if such events meet the test set out in section 24.1.

24.3. Force Majeure Shall Not Include. Force Majeure shall not include:

a) any event that is caused by the negligence or intentional action of a Party or such Party's agents or employees;

b) any event that a diligent Party could reasonably have been expected to:

i) take into account at the time of the execution of the Agreement; and

ii) avoid or overcome in the carrying out of its obligations under the Agreement.

24.4. Failure to Fulfil Obligations. Subject to section 14.1(f), the failure of either Party to fulfil any of its obligations under the Agreement shall not be considered to be a breach of, or Event of Default under, the Agreement to the extent that such failure to fulfill the obligation arose from an event of Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Agreement.

ARTICLE 25. SURVIVAL

25.1. Survival. The provisions in Article 1, sections 4.6, 7.1 (to the extent that the Recipient has not provided the Reports/reports), 7.2, 7.3, 7.4, 7.5, 7.6, Articles 8 and 10, sections 12.2, 13.2, 13.3, 14.1, 14.2 (c), (d), (e), (f) and (g), 14.4, Articles 16, 17, 18, 22, 26, 27 and 29, 30 and all applicable definitions, cross-referenced provisions and Schedules shall continue in full force and effect for a period of seven (7) years from the date of expiry or termination of the Agreement.

ARTICLE 26. SCHEDULES

26.1. Schedules. The Agreement includes the following schedules:

a) Schedule A - Project

b) Schedule B - Budget, Schedule, Eligible Costs and Ineligible Costs

c) Schedule C - Claim Deadlines & Claim Limits for Funding Years

d) Schedule D - Claim Statement

e) Schedule E - Progress Report

f) Schedule F - Final Project Report

11 RED2-6075

281

ARTICLE 27. ENTIRE AGREEMENT

27.1. Entire Agreement. The Agreement constitutes the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements.

27.2. Modification of Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties.

ARTICLE 28. COUNTERPARTS

28.1. Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

ARTICLE 29. JOINT AND SEVERAL LIABILITY

29.1. Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to MRA for the fulfillment of the obligations of the Recipient under the Agreement.

ARTICLE 30. RIGHTS AND REMEDIES CUMULATIVE

30.1. Rights and Remedies Cumulative. The rights and remedies of MRA under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity.

ARTICLE 31. BPSAA

31.1. BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of the Agreement and the requirements of the BPSAA, the BPSAA shall prevail.

ARTICLE 32. FAILURE TO COMPLY WITH OTHER AGREEMENTS

32.1. Other Agreements. If the Recipient:

a) has failed to comply (a ‘Failure’) with any term, condition or obligation under any other agreement with Her Majesty the Queen in Right of Ontario or a Crown agency;

b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; and

c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement,

12 RED2-6075

282

MRA may suspend the payment of any amount of Funds for such period as MRA determines appropriate.

ARTICLE 33. CONSENT

33.1. Consent. MRA may impose any terms and/or conditions on any consent MRA may grant pursuant to the Agreement.

The Parties have executed the Agreement on the dates set out below.

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Rural Affairs

_______________________________________________

Name: George Borovilos

Title: Assistant Deputy Minister (A), Economic Development Division

Date:

THE CORPORATION OF THE CITY OF KAWARTHA LAKES _______________________________________________

Name: Judy Currins

Title: Clerk

Date:

_______________________________________________

Name: Ric McGee

Title: Mayor

Date:

I/We have authority to bind the Recipient.

13 RED2-6075

283

SCHEDULE “A”

PROJECT Recipient name: The Corporation of the City of Kawartha Lakes

Project name: Water Research & Innovation Network (WRAIN)

Project completion no later than: December 31, 2015

Project summary: The City of Kawartha Lakes will implement a Water Innovation Center in alignment with many rural priorities. The Centre would be an economic development tool to stimulate business growth and development within the community.

Project category: Implement - Business / Sector Development

Project type(s): Incubators and/or business accelerators

14 RED2-6075

284

SCHEDULE “B”

BUDGET, SCHEDULE, ELIGIBLE COSTS AND INELIGIBLE COSTS

B.1 BUDGET AND SCHEDULE

# Eligible Activity Eligible Costs ($)

1. Advertising, Marketing & PR $ 80,000.00

2. Project Coordinator $ 87,500.00

3. Project Manager $ 122,500.00

TOTAL ELIGIBLE COSTS $ 290,000.00

Eligible Costs by Funding Year

Funding Year Quarter 1 (Apr - Jun)

Quarter 2 (Jul - Sep)

Quarter 3 (Oct - Dec)

Quarter 4 (Jan -Mar)

Funding Year Total

2013/14 $ .00 $ .00 $ .00 $ .00 $ .00

2014/15 $ 50,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 170,000.00

2015/16 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ .00 $ 120,000.00

TOTAL $ 290,000.00

15 RED2-6075

285

B.2 ELIGIBLE COSTS

Subject to Section B.3 below, “Eligible Costs” under this Agreement, and more particularly Section B.1 of this Schedule “B”, are all direct costs which are in MRA’s sole and absolute opinion properly and reasonably incurred in Ontario, and paid by the Recipient under a contract for goods or services necessary for the implementation of the Project. Eligible Costs will include only the following:

Actual cash outlays that are documented through invoices, receipts or other Recipient records acceptable to Ontario;

• Project management, such as: o Consultant fees; o Business planning development; and o Professional fees such as legal, architectural, accounting, etc. that are specifically related to the

Project. • Minor capital, including:

o Sub-contractor fees; o Equipment (e.g. for prototype development), structural modifications to accommodate the

installation of equipment; o Architectural design work, engineering work (studies, environmental assessments, etc.); o Renovations and retrofits to existing structures (materials or supplies and labour to renovate

existing space); o Technology upgrades such as computer hardware, software, and network cables.

• Training costs. • Marketing or promotions costs. • Travel costs associated with Project development and implementation, subject to Provincial

directives. • Studies and research. • Administrative costs directly related to Project implementation. • Wages for new hires to work 100 per cent on Project related activities.

B.3 INELIGIBLE COSTS

The following costs are “Ineligible Costs” under this Agreement: Ineligible Costs include but are not limited to the following costs, which are not eligible in any instance:

• Hospitality costs (unless public-facing) • Major capital including:

o Land, buildings and major infrastructure; o Additions to buildings, teardowns or rebuilds; o Leasing; and o Powerlines, plumbing, telecommunications lines or equipment, water lines, etc. outside of

the buildings. • Direct wage subsidies for existing staff. • In-kind contributions. An in-kind contribution is identified as goods and services that are contributed

to a project by the applicant and co-applicants that would otherwise have to be purchased or contracted in order to complete the Project.

• Debt restructuring, fundraising or financing. • Normal or on-going business and production operations not directly related to the Project. • Costs of trucks or other vehicles. • Cost for which the Recipient is eligible to receive a refund or rebate (including harmonized sales

tax). • Costs incurred in preparing an application. • Costs of alcohol, international travel, per diems or gifts.

16 RED2-6075

286

B.4 ESTIMATED PROJECT FINANCING OF ELIGIBLE COSTS

Sources of Funding $ Amount City of Kawartha Lakes $ 145,000.00 RED Funding Requested $ 145,000.00 TOTAL ELIGIBLE COSTS $ 290,000.00

17 RED2-6075

287

SCHEDULE “C”

CLAIM DEADLINES & CLAIM LIMITS FOR FUNDING YEARS

C.1 PAYMENT SCHEDULE

Funding Year Deadlines to Claim Funds Allocated to the Funding Year

Total Eligible Costs Year Limits:

An amount up to: ($)

RED Funding Year Amounts:

An amount up to: ($)

2013-14 (April 1, 2013 to March 31, 2014)

• No later than May 31, 2014 for all Eligible Costs incurred between the Effective Date and March 31, 2014.

$ .00 $ .00

2014-15 (April 1, 2014 to March 31, 2015)

• No later than May 31, 2015 for all Eligible Costs incurred between April 1, 2014 and March 31, 2015.

$ 170,000.00 $ 85,000.00

2015-16 (April 1, 2015 to March 31, 2016)

• No later than May 31, 2016 for all Eligible Costs incurred between April 1, 2015 and March 31, 2016.

$ 120,000.00 $ 60,000.00

TOTAL: $ 290,000.00 $ 145,000.00

18 RED2-6075

288

Rural Economic Development Program

Claim Statement Ontario Ministry of Rural Affairs

Part 1 - Project Information

Part 3 – Claim Information File No.

Project Title:

Date:

Claim #

Period Covered by this Claim (MM/DD/YYYY)

Final Claim

Part 2 – Authorized Official

From To ☐ Yes ☐ No

Recipient’s Name:

Title:

Telephone:

The Recipient warrants that: 1. The information provided herein and in any document attached is accurate and complete; 2. It is in compliance with all of the terms and conditions of the Agreement; 3. The Project as described in the Agreement will be completed by the Project Completion Date as set out in Schedule “A” to the Agreement; 4. The total amount of provincial, federal and municipal assistance claimed for the Eligible Costs for the Project do not exceed one hundred percent (100%)

of the costs actually incurred and paid by the Recipient; and 5. There have been no overpayments by OMAF / MRA or any other organization or government. The undersigned solemnly warrants these statements are true as of the date written below.

Part 4 – Project Update

Expected completion date of project (MM/DD/YYYY)

Are there any issues which may impact the project’s success and timing of completion? If yes, please describe and include the actions you are taking

to resolve the issues.

Signature: Date:

Part 5 – New Invoices – Paid Eligible Costs

Invoice # Dates of Invoice(s) (MM/DD/YYYY) Vendor Name

Period of Invoice (MM/DD/YYYY)

Budget Item (Schedule “B” of the Agreement)

Work Description Invoice Amount

Tax

Net Claim Amount (less tax)

Paid (Yes/ No)

Method of Payment (e.g.

cheque #, VISA) From To

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Attach invoices and proofs of payment as listed above and send to:

TOTAL $ $ $

Rural Programs Branch, 4th Floor, 1 Stone Rd W., Guelph, ON N1G 4Y2 Email: [email protected] Fax : 519-826-3398

19 RED2-6075

289

Rural Economic Development Program SCHEDULE “E”

PROGRESS REPORT

File No. _____________________

Project Title _________________________________________________

Progress Reports are to be completed and submitted to OMAF and MRA by June 1st and December 1st for the Term of the Agreement. Please contact your Project Analyst should you have any questions filling in this report. Please describe the project activities that have been completed or are in progress for this reporting period.

Description of Activities

Start Date

End Date

Approved Eligible Expenditures per Activity

Amount Claimed to Date per Activity

Activity Status

(On, Ahead, or Behind Schedule)

Issues to Date and Actions Taken to Resolve Issues

Confirm Expected Completion Date of Activity

$ $

Project Outcomes and Performance Measures

Results to Date

I UNDERSTAND THAT THIS INFORMATION WILL, SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT, BE RELIED UPON BY THE GOVERNMENT OF ONTARIO TO ISSUE FUNDS.

NAME OF AUTHORIZED OFFICIAL (PRINT):

SIGNATURE:

290

SCHEDULE “F”

FINAL PROJECT REPORT

Final Report

File No. RED2-6075

Project Title Water Research & Innovation Network (WRAIN)

Date: _____________________

Project Recipient Company Name The Corporation of the City of Kawartha Lakes

Final Reports are to be completed and submitted to OMAF/MRA within 60 days of the completion of the project or as otherwise specified in the Project Contribution Agreement. Please contact your Project Analyst should you have any questions filling in this report. Section 1. Project Details Is the following description of your Project as completed accurate? The City of Kawartha Lakes will implement a Water Innovation Center in alignment with many rural priorities. The Centre would be an economic development tool to stimulate business growth and development within the community. Yes No If No, please provide details on any variances below Project Variances (if applicable) In reading the description provided above, has your Project experienced any variances either in project scope, budget or schedule? Please identify any other information with respect to the Project that may have changed or may have been altered. Ensure that you provide a rationale for any variances from the project description noted above.

291

Approved Total Eligible Costs

$ _____________________

Budget Item Budgeted Costs Actual Costs $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

GROSS ELIGIBLE COST $ $ Less HST $ $

TOTAL NET ELIGIBLE COST* $ $ *Total Net Eligible Cost should match the approved amount noted above. Section 3. Outcomes / Performance Measurement The following table must be completed with the results of your project. Include both the direct and indirect results of the project using both qualitative measures (e.g., skills and knowledge acquired, improvements made, efficiencies gained, etc.) and quantitative measures (e.g., the number of jobs, amount of investment, number of community groups, materials distributed).

Performance Measures Performance Measure

Enter Results for Performance Measures that apply to your project.

Provide details / explanations of

your performance

Start of Project (Forecasted Results)

Results at Completion (Actual)

Post-Project (Anticipated Results

3 – 5 years out)

Section 2. Financial Information

292

Section 4. Other Benefits / Information Please provide any other information which demonstrates the success of the project and its impact on other stakeholders, rural communities and the province of Ontario. Section 5. Service Experience Based on your project experience with OMAF/MRA, please indicate with an “X” in the appropriate box for your response.

1. Please indicate the extent to which you agree or disagree with the following statements.

Strongly Agree Agree

Neither Agree nor Disagree

Disagree Strongly Disagree

1 2 3 4 5 a. Once my project was approved, I received all the

information needed to proceed to the next step of the project.

b. The claim forms were easy to understand and complete.

c. I was able to reach appropriate Ministry staff without difficulty.

d. Ministry staff were knowledgeable. e. I received consistent advice from Ministry staff. f. Ministry staff were courteous. 2. Overall, how satisfied were you with the

amount of time it took to get the service that you required?

Very satisfied Satisfied

Neither satisfied

nor dissatisfied

Dissatisfied Very dissatisfied

3. Overall, how satisfied were you with the

service you received while implementing your project?

Very satisfied Satisfied

Neither satisfied nor dissatisfied

Dissatisfied Very dissatisfied

4. To what extent did the availability of this

funding assistance influence your decision to undertake this project?

To a great extent Somewhat Very little Not at all

293

Section 6. Confidentiality, Certification and Signature

Confidentiality Information submitted in this report to the Province of Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the recipients. Inquiries about confidentiality should be directed to the Rural Programs Branch.

Certification

1. The Project as described in the Agreement has been completed; 2. The Recipient is in compliance with all of the terms and conditions of the Agreement for

the Project; and 3. There have been no overpayments by OMAF / MRA or any other organization or

government. The undersigned warrants that these statements are true as of the date written below.

NAME & TITLE OF AUTHORIZED OFFICIAL (PRINT):

SIGNATURE:

DATE:

294


BY-LAW 2014 -

A BY-LAW TO AUTHORIZE THE SALE OF MUNICIPALLY OWNED PROPERTY LEGALLY DESCRIBED AS PART OF THE SOUTH HALF OF LOT 16, CONCESSION 7, DESIGNATED AS PART 2 ON PLAN 57R-10110, IN THE

GEOGRAPHIC TOWNSHIP OF OPS, CITY OF KAWARTHA LAKES PART OF PIN: 63239-0092 (LT)

Recitals 1. The subject land was declared to be surplus to municipal needs on October 8,

2013, by Council resolution CR2013-920 2. Notice of the intention of City Council to pass this by-law was given by ad

notice duly published in the Kawartha Lakes This Week newspaper in the City of Kawartha Lakes on the 13th, 19th, and 27th, days of March, 2014, in accordance with the provisions of the Municipal Act and By-laws 2008-065 and 2010-118, as amended.

3. The proposed by-law came before Council for consideration at its regular meeting on the 8th day of April, 2014 at 2:00 p.m. and at that time no person objected to the proposed by-law nor claimed that his land would be prejudicially affected.

4. The sale of this land was approved by City Council on the 8th day of October, 2013 by the adoption of Report LM2013-012 by CR2013-920

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014-



“City”, “City of Kawartha Lakes” or “Kawartha Lakes” means The Corporation of the City of Kawartha Lakes. "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. “Council” or “City Council” means the municipal council for the City.


(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.

Section 2.00: Sale of Surplus Property

2.01 Sale: Part of the South Half of Lot 16, Concession 7, described as Part 2 on

Plan 57R-10110, Geographic Town of Ops, City of Kawartha Lakes, Part of PIN: 63239-0092 (LT) is hereby authorized to be sold to Her Majesty The

295

Queen in Right of The Province of Ontario, Represented by the Minister of Transportation for the Province of Ontario for the sum of One Thousand Eight Hundred Dollars ($1,800.00), being the appraised value of the land including allowance for inconvenience and all entitlements as stated in the Expropriations Act.


3.02 Effective Date: This By-law shall come into force and take effect when it

has been finally passed by Council and has been deposited on title in the Land Titles Office for the Land Titles Division of Victoria (No. 57).

By-law read a first, second and third time, and finally passed, this day of April, 2014. ________________________________ Ric McGee, Mayor


296


BY-LAW 2014 –

BY-LAW TO AUTHORIZE THE ACQUISITION OF PART OF LOT 21, CONCESSION 1, GEOGRAPHIC TOWNSHIP OF SOMERVILLE, CITY OF

KAWARTHA LAKES DESCRIBED AS PART 1 ON PLAN 57R-10261 (PART OF PIN 63119-0076 (LT))

Recitals

1. The acquisition of Part of Lot 21, Concession 1, Geographic Township of Somerville, City of Kawartha Lakes described as Part 1 on Plan 57R-10261 (Part of PIN 63119-0076 (LT)) was approved by City Council as part of Capital Project RD0808 Mitchell’s Bridge Northline Road.

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014-



“City”, “City of Kawartha Lakes” or “Kawartha Lakes” means The Corporation of the City of Kawartha Lakes. "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. “Council” or “City Council” means the municipal council for the City. “Director of Public Works” 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;


(a) The Schedules attached to this by-law form part of the by-law, and




statutes, as amended from time to time, that are applicable within the Province of Ontario.



Section 2.00: Acquisition of Land

2.01 Acquisition: That the parcel of land, more particularly described as Part of

Lot 21, Concession 1, Geographic Township of Somerville, City of Kawartha Lakes described as Part 1 on Plan 57R-10261 (Part of PIN 63119-0076 (LT)), be acquired for planned improvements to Mitchell’s Bridge by the City of Kawartha Lakes from Barbara Jane Temple & Earl

297

Michael Houston for consideration of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) PLUS HST (if applicable) and a portion of the vendors legal costs up to a maximum of $1,000.00 (inclusive of HST).


3.01 Effective Date: This By-law shall come into force and take effect when it

has been finally passed by Council and has been deposited on title in the Registry Office for the Registry Division of Victoria (No. 57).

By-law read a first, second and third time, and finally passed, this day of April, 2014. ________________________________ Ric McGee, Mayor


298


BY-LAW 2014-

A BY-LAW TO SET TAX RATE REDUCTIONS FOR PRESCRIBED SUBCLASSES IN THE CITY OF KAWARTHA LAKES FOR YEAR 2014

Recitals 1. Subsection 313(1) of the Municipal Act provides that the tax rates that would

otherwise be levied for municipal purposes for the subclasses prescribed under Subsection 8 (1) of the Assessment Act shall be reduced in accordance with the rules in that section of the Municipal Act.

2. Ontario Regulation 383/98 prescribes the farmland awaiting development

subclasses and tax reduction percentages. 3. Council has determined the rates for reductions in the various subclasses

prescribed. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014- .


1.01 Definitions: In this By-law:

(a) “By-law” means this by-law, as it may be amended from time to time. The Recitals to, and the Schedules attached to this By-law are considered integral parts of it.

(b) “City” means The Corporation of the City of Kawartha Lakes. (c) “Clerk” means the person within the administration of the City which

fulfils the function of the City Clerk as required by the Municipal Act. (d) “Commercial Property Class” includes all major office property,

shopping centre property and parking lot property. (e) “Corporate Services Manager, Revenue and Taxation” means the

person within the administration of the City which fulfills the function of the Tax Collector or his or her delegate(s), as required by the Municipal Act, 2001 or, in the event of organizational changes, another person designated by Council.

(f) “Council” means the municipal council for the City. (g) The “First and Second Classes of Farmland Awaiting Development”

consist of land as defined in accordance with Ontario Regulation 282/98, as amended.

(h) “Industrial Property Class” includes all large industrial property. 1.02 Interpretation Rules:

(a) Wherever this By-law refers to a person or thing with reference to gender

or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances.

(b) References to items in the plural include the singular, as applicable. (c) The words “include” and “including” are not to be read as limiting 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.


of this By-law to be illegal or unenforceable, that portion of this By-law will be considered to be severed from the balance of the By-law, which will continue to operate in full force and effect.

Section 2.00: Tax Rate Reductions

2.01 Commercial: The tax rate reduction for the vacant land and excess land

subclasses in the Commercial Property Class is thirty (30%) percent.

299

2.02 Industrial: The tax rate reduction for the vacant land and excess land subclasses in the Industrial Property Class is thirty-five (35%) percent.

2.03 First Class Undeveloped Farm Land: The tax rate reduction for the First Class

of Farm Land Awaiting Development in the residential/farm, multi-residential, Commercial or Industrial Property Classes is forty-five (45%) percent.

2.04 Second Class Undeveloped Farm Land: The tax rate reduction for the Second

Class of Farm Land Awaiting Development in the residential/farm, multi-residential, Commercial or Industrial Property Classes is zero (0%) percent.


3.01 Administration of the By-law: The Corporate Services Manager - Revenue and Taxation is responsible for the administration of this by-law. 3.02 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 8th day of April, 2014. ________________________________ Ric McGee, Mayor


300


BY-LAW 2014-

A BY-LAW TO SPECIFY THE CAPPING AND THRESHOLD PARAMETERS FOR 2014

Recitals

1. Subsection 329.1(1) 1, Municipal Act, 2001 as amended, allows municipalities to

pass a by-law to increase the cap on Annualized taxes from 5% to a maximum of 10%. The OPTA program will allow the selection of any percentage between 5% and 10% up to two decimal places.


pass a by-law, which allows the cap to be calculated with reference to the previous year's CVA tax. The municipality can specify the amount of the cap on the CVA tax, from 0% to a maximum of 5%. The OPTA program will allow the selection of any percentage between 0.01% and 5%, and uses two decimal places.


pass a by-law to move capped properties whose 2010 Revised Taxes fall within $250 (or a lower specified amount) of the current year's CVA tax. The OPTA program will allow the selection of a threshold amount between $1 and $250, by one-dollar increments.


pass a by-law to move clawed-back properties whose 2010 Revised Taxes fall within $250 (or a lower specified amount) of the current year's CVA tax. The OPTA program will allow the selection of a threshold amount from $1 to a maximum of $250, by one-dollar increments.

5. Subsection 8.0.2 (2), O.Reg. 160/09 made under the Municipal Act, 2001 as

amended, allows municipalities to pass a by-law to exempt properties from capping and clawback calculations if the taxes for the property in the previous year were equal to its uncapped taxes for that year; or if the taxes for the property in the previous year were lower than the property’s uncapped taxes for that year, but if capping and clawback provisions were applied, the tax decrease for the property would be limited, or if the tax decrease for the property in the previous year was limited but in the current year, the property’s taxes would be equal to is uncapped taxes, or a tax increase for the property would be limited.

6. Subsection 329.1(2), Municipal Act, 2001 as amended, requires a municipality to

pass a by-law in the year to which the by-law applies. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014- .


1.01 Definitions: In this by-law:

“act” means the Municipal Act, 2001, S.O. 2001, c. 25., as amended. “annualized tax limit” means the percentage increase, selected by the municipality, that is applied to limit a tax increase based on the previous year’s Annualized Taxes. Beginning in 2005, the municipality can select its own capping limit within a range of 5% - 10%. “annualized taxes” means taxes, including any supplementary taxes or assessment or tax reductions, calculated as if due and payable for the entire year, even though the adjustments may have been only for a part of the year. “City”, “City of Kawartha Lakes” or “Kawartha Lakes” means The Corporation of the City of Kawartha Lakes.

301

“clawed back properties” refers to properties whose 2010 CVA taxes are lower than the 2009 Annualized Taxes and are therefore subject to a claw back to fund the cap on protected properties. These properties have a tax level of greater than 1. “commercial classes” means the commercial property class and the property classes each of which is a property class that a municipality may opt to have apply under the regulations under the Assessment Act and that contains property that, if the municipality did not opt to have the property class apply, would be in the commercial property class. “Corporate Services Manager - Revenue and Taxation” means the person within the administration of the City which fulfills the function of the Tax Collector and his or her delegate(s), as required by the Municipal Act, 2001 or, in the event of organizational changes, another person designated by Council

“CVA Tax - Moved between Increaser and Decreaser” refers to the "Cross CVA" Option introduced in 2010 which allows municipalities to exclude from the capping program those properties that would move from being capped in the 2009 tax year to being clawed back in 2010 or from being clawed back in 2009 to being capped in 2010 as a result of changes to the CVA tax caused by the 2010 reassessment. With this option, taxes for these properties are based on CVA taxes for the 2010 tax year, despite any changes resulting from the reassessment that would otherwise prompt the property to change its tax status.

“CVA Tax - Previously CVA Tax” refers to the "Stay at CVA" Option introduced in 2010 which allows municipalities to exclude from the capping program those properties that were taxed based on their CVA in the 2009 tax year. With this option, taxes for these properties continue to be based on their CVA for the 2010 tax year, despite any changes resulting from the reassessment that would otherwise prompt the property to be capped.

“CVA tax threshold for decreasing properties” indicates the dollar decrease, within a range of $1 to $250 that a municipality may set for the purpose of moving properties that are subject to a claw back, to current year CVA taxes. If the difference between the CVA taxes and Annualized Taxes falls within the threshold dollar amount set by the municipality, the property is taxed at its CVA taxes, which are less than the Annualized taxes. “CVA tax threshold for protected properties” indicates the dollar increase, within a range of $1 to $250 that a municipality may set for the purpose of moving properties that are subject to capping, to current year CVA taxes. If the difference between the CVA taxes and the Annualized Taxes falls within the threshold dollar amount set by the municipality, the property is taxed at its CVA taxes and is no longer protected by capping. “CVA” means Current Value Assessment. “industrial classes” means the industrial property class prescribed under the Assessment Act and the property classes each of which is a property class that a municipality may opt to have apply under the regulations under the Assessment Act and that contains property that, if the municipality did not opt to have the property class apply, would be in the industrial property class. “multi-residential classes” means the multi-residential property class prescribed under the Assessment Act and the property classes each of which is a property class that a municipality may opt to have apply under the regulations under the Assessment Act and that contains property that, if the municipality did not opt to have the property class apply, would be in the multi-residential property class. “prior year CVA tax limit” indicates the percentage increase, within a range of 0% - 5%, that a municipality may choose to limit a tax increase based on the previous year’s CVA taxes. “protected properties” refers to properties whose 2010 CVA taxes are higher than the 2009 Annualized Taxes and are therefore subject to a cap on the property taxes. These properties have a tax level of less than 1.

302


(a) The Schedules attached to this by-law form part of the by-law, and are






Section 2.00: 2014 Capping and Threshold Parameters

2.01 Annualized Tax Limit: Annualized Tax Limit, based on the previous year's

Annualized Taxes is 10.00% for properties within the commercial, industrial or multi-residential property classes.

2.02 Prior Year’s Current Value Assessment (CVA) Limit: The prior year’s CVA

limit is 5% for properties within the commercial, industrial or multi-residential property classes.

2.03 Current Value Assessment Tax Threshold for Protected Properties: If a

property within the commercial, industrial or multi-residential property is receiving capping protection and the protection is $250 or less, it will not be receiving capping protection for 2014.

2.04 Current Value Assessment Tax Threshold for Decreasing Properties: If a

property within the commercial, industrial or multi-residential property is funding capping protection in an amount of less than or equal to $250, it will be moved to CVA taxes for 2014, and not subject to a claw back for 2014.

2.05 Current Value Assessment Level Taxes:

a) If property taxes for a property within the commercial, industrial or multi-residential property class(es) were based on CVA taxes in 2013, it will be excluded from capping calculations and will be subject to CVA taxes for 2014.

b) If a property moves from being capped in the 2013 tax year to being clawed back in 2014 or from being clawed back in 2013 to being capped in 2014 as a result of changes to the CVA tax caused by the 2014 reassessment, the property is to be excluded from capping calculations


3.01 Administration of the By-law: The Corporate Services Manager- Revenue and

Taxation is responsible for the administration of this by-law. 3.02 Effective Date: This By-law shall come into force on the day it is passed. By-law read a first, second and third time, and finally passed, this 8th day of April, 2014. ________________________________ Ric McGee, Mayor


303


BY-LAW 2014-

A BY-LAW TO LIMIT TAX DECREASES ON COMMERCIAL, INDUSTRIAL & MULTI-RESIDENTIAL PROPERTIES FOR 2014

RECITALS

1. Section 330 of the Municipal Act, 2001 provides that the council of a municipality

may pass a by-law to establish a percentage by which tax decreases are limited for 2012.

2. The Council considers it appropriate to limit the tax decreases for commercial,

industrial and multi-residential properties this year. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014- .

Section 1.00: Definitions And Interpretation

1.01 Definitions: In this By-law:

(a) “By-law” means this by-law, as it may be amended from time to time. The Recitals to, and the Schedules attached to this By-law are considered integral parts of it.

(b) “City”, “City of Kawartha Lakes” or “Kawartha Lakes” means The

Corporation of the City of Kawartha Lakes. (c) “Corporate Services Manager - Revenue and Taxation” means the

person within the administration of the City which fulfills the function of the Tax Collector and his or her delegate(s), as required by the Municipal Act, 2001 or, in the event of organizational changes, another person designated by Council.

(d) “Council” means the municipal council for the City.


(a) Wherever this By-law refers to a person or thing with reference to gender

or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances.

(b) References to items in the plural include the singular, as applicable. (c) The words “include” and “including” are not to be read as limiting 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 will be considered to be severed from the balance of the By-law, which will continue to operate in full force and effect.

Section 2.00: Limitation of Tax Decreases

2.01 Application of By-law: This By-law applies to all properties in the affected

property classes whose taxes for municipal and school purposes for 2013, as determined pursuant to the Municipal Act, 2001, exceed their taxes for municipal

304

and school purposes for 2014, as adjusted in accordance with the Provincial Regulations.

2.02 Commercial Property Class: The property tax decrease percentage retained

by the municipality for all property within the commercial class is 0% of the decrease, which would otherwise have been applicable under By-law 2014- .

2.03 Industrial Property Class: The property tax decrease percentage retained by

the municipality for all property within the industrial class 0% of the decrease, which would otherwise have been applicable under By-law 2014- .

2.04 Multi-Residential Property Class: The property tax decrease percentage retained by the municipality for all property within the multi-residential class is 0% of the decrease, which would otherwise have been applicable under By-law 2014- .


3.01 Administration of the By-law: The Corporate Services Manager - Revenue

and Taxation is responsible for the administration of this by-law. 3.02 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 8th day of April, 2013. ________________________________ Ric McGee, Mayor


305


BY-LAW 2014-

A BY-LAW TO ESTABLISH 2014 TAX RATIOS IN THE CITY OF KAWARTHA LAKES

Recitals

1. Subsection 308 (4) and 308.1 (4) of the Municipal Act, 2001 provides that the council shall pass a by-law in the year to establish the tax ratios for that year.

2. Subsection 308 (6) requires the municipality to pass a by-law adopting tax ratios

subsequent to the setting of transition ratios. 3. Ontario Regulation 162/09, amending Ontario Regulation 385/98, provides for

the exclusion of properties in a property class in the calculation of tax ratios.

4. The tax ratios determine the relative amount of taxation to be borne by each property class.




“City”, City of Kawartha Lakes” or “Kawartha Lakes” means The Corporation of the City of Kawartha Lakes.

“commercial classes” means the commercial property class and the property classes each of which is a property class that a municipality may opt to have apply under the regulations under the Assessment Act and that contains property that, if the municipality did not opt to have the property class apply, would be in the commercial property class.

“Council” means the municipal council for the City.

“industrial classes” means the industrial property class prescribed under the Assessment Act and the property classes each of which is a property class that a municipality may opt to have apply under the regulations under the Assessment Act and that contains property that, if the municipality did not opt to have the property class apply, would be in the industrial property class.

“Corporate Services Manager - Revenue and Taxation” means the person within the administration of the City which fulfills the function of the Tax Collector and his or her delegate(s), as required by the Municipal Act, 2001 or, in the event of organizational changes, another person designated by Council.


(a) The Schedules attached to this by-law form part of the by-law, and are



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.



306

Section 2.00: Tax Ratios

2.01 Transition Ratios: On April 16, 2009 Ontario Regulation 162/09 was made

setting out the method of setting transition ratios. 2.02 Tax Ratios: The Tax Ratios for the taxation year 2014 shall be as follows:

Property Class Tax Ratio

Residential and Farm 1.000000

Farmland 0.250000

Managed Forest 0.250000

Multi Residential 1.979653

Commercial Occupied 1.277500

Commercial Excess Land 1.277500

Commercial Vacant Land 1.277500

Industrial Occupied 1.277500

Industrial Excess Land 1.277500

Industrial Vacant Units 1.277500

Pipelines 1.967203

2.03 Optional Property Classes: For the purpose of this By-law:

a) the commercial property class includes parking lot property, major office buildings, commercial (new construction) and shopping centres; and

b) the industrial property class includes large industrial properties and

industrial (new construction).

Section 3.00: Effective Date and Administration

3.01 Effective Date: This By-law shall come into force on April 8th, 2014. 3.02 Administration of the By-law: The Corporate Services Manager - Revenue

and Taxation is responsible for the administration of this by-law. By-law read a first, second and third time, and finally passed, this 8th day of April, 2014. ________________________________ Ric McGee, Mayor


307


BY-LAW NUMBER 2014-

BEING A BY-LAW TO PROVIDE TAX RELIEF TO CERTAIN CITY OF KAWARTHA LAKES PROPERTY OWNERS WHO ARE LOW INCOME ELDERLY PERSONS, LOW INCOME PERSONS BETWEEN THE AGES OF 55 AND 64, LOW INCOME

DISABLED PERSONS OR ONTARIO DISABILITY SUPPORT PROGRAM RECIPIENTS FOR THE YEAR 2014.

Recitals

1. Section 319 of the Municipal Act, 2001, S.O. 2001, c.25, provides that for purposes of relieving financial hardship, a municipality may pass a by-law providing for deferrals or cancellation of, or other relief in respect of all or part of a tax increase for 1998 and subsequent years on property in the residential property class for persons assessed as owners who are, or whose spouses are, (a) low-income seniors as defined in the by-law; or (b) low-income persons with disabilities as defined in the by-law.

2. Section 365 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the

council of a local municipality may, in any year, pass a by-law to provide for the cancellation, reduction or refund of taxes levied for local municipal and school purposes in the year by the council in respect of an eligible property of any person who makes an application in that year to the municipality for that relief whose taxes are considered by the council to be unduly burdensome, as defined in the by-law.

THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF KAWARTHA LAKES HEREBY ENACTS THIS BY-LAW 2014- .



(a) “Assessment Related Property Tax Increase” is the increase in property taxes attributed directly to an increase in the assessed value of the eligible property

(b) “City” means the Corporation of the City of Kawartha Lakes. (c) “Corporate Services Manager, Revenue and Taxation” means the person

within the administration of the City which fulfills the function of the Tax Collector or his or her delegate(s), as required by the Municipal Act, 2001 or, in the event of organizational changes, another person designated by Council.

(d) “Low-income Senior” means:

i) a person who attained the age of 65 years as of December 31st of the previous year and is in receipt of benefits paid under the Guaranteed Income Supplement (GIS) program, as established under The Old Age Security Act (Canada);

ii) a person aged 55 to 64 years of age as of December 31st of the previous year whose combined taxable income, with their spouse (if applicable), as reported on Line 260 of the 2012 Income Tax Notice of Assessment, is less than $26,400.

(e) “Low-income person with disabilities” means a person who is in receipt of

benefits paid under the Ontario Disability Support Program Act, 1997; or a disability amount paid under the Family Benefits Act (Ontario); or a Canada Pension Plan Disabilities Pension, and be eligible to claim a disability amount as defined under the Income Tax Act (Canada).

(f) “eligible person” means a “low-income senior” or a “low-income person

with disabilities” or the spouse of such eligible person whose name also appears as a registered owner of the property.

308

(g) “eligible property” means residential property located in the City of

Kawartha Lakes that is utilized as a principle residence and must be solely owned (with their spouse, if applicable) and occupied by the eligible person(s) as of January 1st of the year for which a tax credit is being applied.

(h) “Owner” means a person assessed as the owner of residential real

property, and includes an owner within the meaning of the Condominium Act.

(i) “tax increase” means the difference between current year tax on

assessment and the previous year tax on assessment – excluding tax increases resulting from an assessment increase from new construction and/or improvements to a property.

(j) “eligible amount” means for

(i) Low Income Senior as defined in section 1.01 (c) (i) and Low income person with disabilities, a combined amount totaling $175 that first addresses the assessment related increase for the eligible property, and if the assessment related increase is less than $175, the balance of the $175 is related to taxes considered to be unduly burdensome.

(ii) Low Income Senior aged from 55 to 64 the amount of the property tax increase assessment related property tax increase to a maximum of $175 per year, with a minimum rebate of $25, if there is an increase in property taxes from the previous year.

(k) The tax relief applies only to increases in tax based upon assessment

values and does not apply to any additional charges that may be levied against the property, including but not restricted to local improvement charges, or any other miscellaneous types of charges added to the Tax Roll for collection purposes.

(l) The tax relief amount shall be prorated from the date of ownership to

December 31st, if the applicant subsequent to January 1st of the year for which the relief is sought purchases the property.


(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.


Section 2.00: Tax Relief Provisions

2.01 Tax relief granted pursuant to this by-law shall be in the form of an outright cancellation of the annual eligible amount, provided that:

(a) the Owner, or the spouse of such Owner, or both, occupies or occupy the property in respect of which real property taxes are imposed, as his, her or their principle residence;

(b) the Owner, or the spouse of such Owner, or both, have been or has been the

assessed owner of the residential real property in the City on or before May 1st of the year for which they are applying for the credit

309

2.02. No tax relief granted pursuant to this by-law shall be allowed to an Owner in respect of more than one (1) single family dwelling unit in any year and the

residence must be solely classified in the Residential tax classification. 2.03. Tax relief shall be granted, pursuant to this by-law, to only one eligible person per

household. 2.04 Applications for the property tax rebate must be in writing on a form prepared by

the City for this purpose and must be submitted to the City of Kawartha Lakes on or before June 30 of the year for which the property tax rebate is sought.

2.05 The application must be submitted to: Corporate Services Manager,

Revenue & Taxation P.O. Box 696 26 Francis St. Lindsay ON K9V 4W9 2.05. Applications must include documentation in supporting the applicant is an eligible

person and that the property with respect to which the application is made is an eligible property.

2.06. The deadline for receiving applications is June 30 of each taxation year. 2.07. Successful applications will result in a credit applied to the eligible property tax account to be deducted from the final tax installment for the year. 2.08. Credits will not be refunded but will be applied to future tax installments unless

the balance on the account is a credit in excess of $50.


3.01 Administration of the By-law: The Corporate Services Manager, Revenue and

Taxation is responsible for the administration of this by-law.

3.02 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 8th day of April, 2014. ________________________________ Mayor

________________________________ Clerk

310


BY-LAW 2014-

A BY-LAW TO AUTHORIZE THE EXECUTION OF A LICENSE CONFIRMING AND AMENDING AGREEMENT BETWEEN THE CITY OF KAWARTHA LAKES AND BELL

CANADA

Recitals

1. Council, by Resolution CR2014-XXX authorized entering into an License Confirming and Amending Agreement with Bell Canada to attach an antenna and equipment to the Bell tower in the Geographic Township of Manvers;




“City”, “City of Kawartha Lakes” 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; “Council” or “City Council” means the municipal council for the City.

“Fire Chief” 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; “Mayor” means the Chief Executive Officer of the City.

1.02 Interpretation Rules: (a) The Schedules attached to this by-law form part of the by-law, and are






Section 2.00: Approval and Authorization


approved. 2.02 Authorization: The Mayor and City Clerk are authorized to sign the Agreement

appended to this By-law as Schedule “A”, and to affix the City’s corporate seal to them.

311

The Corporation of the City of Kawartha Lakes A by-law to authorize execution of documents

Page 2 of2

C:\Users\arooth\AppData\Local\Temp\7\eSCRIBE\28FIRE2014-002 Bylaw License Agreement with Bell Canada.doc

Section: 3.00: Administration and Effective Date

3.01 Administration: The Fire Chief is responsible for the administration of this by-

law. 3.02 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 8th day or April, 2014. ________________________________ Ric McGee, Mayor


Bell Canada License Agreement.docx

312

LICENSE CONFIRMING AND AMENDING AGREEMENT

THIS AGREEMENT is made as of the 29th

day of January, 2014.

BETWEEN:

BELL CANADA

(the “Licensor”)

- and -


(the “Licensee”)

BACKGROUND TO THIS LICENSE CONFIRMING AND AMENDING AGREEMENT

A. By an agreement dated October 7, 2003 between the Licensor and the Licensee (the

“License”) in respect of a certain parcel of land described as Part of Lot 16, Concession

8, Township of Manvers, in the Province of Ontario, and as more particularly described

therein (the “Site”), the Licensee was granted a license to install, maintain and operate the

Attachments at the Site as more particularly set out in the License and on the terms set

out therein for a term expiring on August 31, 2008.

B. By a License Confirming and Amending Agreement dated March 22, 2011 between the

Licensor and the Licensee the term of the License was extended for a further period of

five (5) years, commencing September 1, 2008 up to and including August 31, 2013 on

the term as set out therein.

C. The Licensee has requested to extend the term of the License for five (5) years

commencing September 1, 2013 up to and including August 31, 2018 and the Licensor

and the Licensee have agreed upon the license fee payable and other terms respecting

such extension.

NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other

consideration now paid by each party to the other, the receipt and sufficiency of which are

acknowledged, the Licensor and the Licensee agree as follows:

313

2

1. The parties hereto hereby acknowledge, confirm and agree that the foregoing recitals are

true in substance and in fact.

2. The License as it is being amended and extended as described above, is referred to in this

Agreement as the License.

3. The Licensor and the Licensee hereby acknowledge and agree that the term of the

License has been extended for five (5) years, commencing September 1, 2013 up to and

including August 31, 2018 (the “Renewal Term”).

4. The Licensor and the Licensee confirm and agree that the annual License Fee payable for

the Renewal Term shall be Six Thousand, Three Hundred Dollars ($6,300.00) together

with any applicable taxes, including the HST and any provincial sales taxes, to be

payable annually, in advance, commencing on the 1st day of September 2013 and on the

anniversary date thereof during the remainder of the Renewal Term.

5. The Licensor grants to the Licensee the right to obtain electrical power services from the

Licensor’s panel required for the Attachments or any other purpose in connection with

the Licensee’s use of the Site, Building or Tower at the rate of Five Hundred Dollars

($500.00) per annum, which sum together with any applicable taxes including the HST

and any provincial sales taxes shall be payable annually, in advance, commencing on the

September 1, 2013 and on the anniversary date thereof during the remainder of the Term.

The Licensor shall have the right, but not the obligation, to revise the electrical power

rate from time to time to compensate for increases in energy costs and the Licensee shall

pay such increased rate.

6. The Licensee shall bear all costs related to the installation, maintenance and operation of

the Attachments at the Site, Building and Tower. Any modifications, additions or

deletions required by the Licensee’s installation, maintenance and operation of the

Attachments at the Site, Building or Tower shall be carried out at the Licensee’s expense,

in accordance with the terms of this License, subject to the supervision of the Licensor

and using contractors and engineers chosen by, or, alternatively, approved by the

Licensor (as per the Licensor’s current policy, subject to change from time to time), plus

the Licensor’s administration fee of 17%. During the term and at any time thereafter as

required from time to time, the Licensee will reimburse the Licensor for any amount paid

by the Licensor in respect of the installation, maintenance and operation of the

Attachments, including but not limited to any structure analysis performed on the Site,

Building or Tower in anticipation of the installation of the Attachments. The antenna

heights stipulated (if any) are approximate, and this License shall not obligate the

Licensor to install the antennas at the specified heights, if such installation would

interfere with the Licensor’s network, or any other existing installation.

7. In the event that the Licensee installs any additional Attachments at the Site or on the

Tower, without the prior written approval of the Licensor as required by this License, in

addition to any other rights the Licensor shall have pursuant to this License or at law

including, without limitation, the right to cause the Licensee to immediately remove such

314

3

Attachments and restore the Site or Tower, at the Licensee’s sole cost, the Licensee shall

be responsible for any additional License Fee charged by the Licensor plus the Licensor’s

administration fee of 17%, as determined by the Licensor in its sole discretion, and any

applicable taxes including the Harmonized Sales Tax (HST) and any provincial sales tax

with respect to any such additional Attachments installed at the Site, from and including

the Commencement Date, notwithstanding the actual date that such additional

Attachments were installed.

8. Notwithstanding anything else contained in this License to the contrary, the Licensor

agrees that the Attachments will not become fixtures during the term of this License or

any renewal thereof. Upon the expiry or sooner termination of this License, the Licensee

shall remove all of its Attachments from the Site. The Licensee shall conduct such

removal at its own cost without damaging the Licensor’s property or the property of other

licensees and shall leave the Site in a condition acceptable to the Licensor. If any such

property should be damaged by the Licensee, the Licensee shall be responsible for the

cost of repairing such damage as reasonably determined by the Licensor, plus the

Licensor’s administration fee of 17%. Any such removal shall be carried out under the

supervision of representatives of the Licensor and in such a manner so as not to interrupt

the services of the Licensor or other licensees of the Site. Any property of the Licensee

remaining on the Site ten (10) days after the expiry or sooner termination of this License

shall be deemed to have been abandoned by the Licensee, and shall become the property

of the Licensor or, at the Licensor’s discretion, shall be removed from the Site at the

Licensee’s expense.

9. Paragraph 41 of the License with respect to notice to the Licensor shall be deleted and

replaced with the following:

Every notice required or permitted to be given hereunder shall, save as otherwise

hereinbefore specifically provided, be in writing to the party for whom it is intended,

delivered personally or by prepaid registered mail or by telecopier with a copy sent by

mail at the following addresses:

to the Licensee: Kawartha Lakes Fire Rescue Service

9 Cambridge Street North

Lindsay, ON K9V 4C4

Attention: Fire Chief

Telecopier: (705) 878-3463

to the Licensor: c/o Nexacor Realty Management Inc.

87 Ontario Street West, Suite 200

Montreal, QC H2X 0A7

Attention: Director, Realty Transactions; and

Director, Lease Administration

315

4

Telecopier: (514) 840-8404

With a copy to:

Bell Canada

Real Estate Services

1 Carrefour Alexander-Graham-Bell

Building E, Ground Floor

Verdun, Quebec

H3E 3B3

Attention: Senior Asset Manager – Bell Real Estate Services

Telecopier: (514) 840-8404

The date of receipt of any such notice shall, if delivered personally or by messenger, be

the date of delivery or if sent by telecopier, the first (1st) business day after sending

thereof. Any party may from time to time change its address, telecopier number and/or

the name of the person indicated as addressee by notice to the other party given as

hereinabove set forth.

10. In the event that the Site is owned by the Ministry of Natural Resources and the Licensor

is a ground tenant of the Site, the Licensee shall pay during the term or any extension

thereof, in addition to the License Fee set out above, an annual co-location fee (“MNR

Co-location Fee”) to the Licensor or, upon direction from the Licensor, directly to the

Ministry of Natural Resources. The annual MNR Co-location Fee for the calendar year

2014, if applicable, is approximately Five Thousand, One Hundred and Forty Dollars

($5,140.00). The MNR Co-location Fee shall increase annually and shall be in an

amount equal to one hundred and three percent (103%) of the MNR Co-location Fee

prevailing in the immediately preceding year

11. Except as specifically amended by the terms, covenants and agreements of this

Agreement, all covenants, conditions and agreements as reserved and contained in the

License are hereby ratified and confirmed.

12. Except as specifically stated in this Agreement, any term which is defined in the License,

shall, unless the context otherwise requires, have the same meaning when used in this

Agreement.

13. The Licensee agrees that it shall not register this Agreement.

14. The parties agree to execute such further and other agreements from time to time as may

be reasonably necessary in order to give effect to this Agreement.

316

5

15. This Agreement may be executed in several counterparts and delivered by facsimile or

pdf copy, each of which when so executed shall be deemed to be an original and such

counterparts together shall constitute one and the same instrument.

16. This Agreement shall enure to and be binding upon the parties and their respective

successors and assigns.

17. Unless the context requires otherwise, words importing the singular include the plural

and vice versa and words importing gender include all genders.

18. The provisions hereto shall be interpreted according to the laws of the Province of

Ontario.

19. The invalidity or unenforceability of any provision of this Agreement shall not affect the

validity or enforceability of any other provision, but shall be deemed to be severable.

[signature page follows]

317

6

IN WITNESS WHEREOF the parties have duly executed this License Confirming and

Amending Agreement as of the date first above written.

BELL CANADA

Per:

___________________________________

Name:

Title: I have authority to bind the Corporation.


Per:________________________________

Name:

Title:

Per:

Name:

Title:

I/We have authority to bind the Corporation

TOR01: 5462810: v1

318


BY-LAW 2014-

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF TRENT LAKES AND THE CORPORATION OF THE CITY OF KAWARTHA LAKES FOR FIRE

PROTECTION SERVICES

Recitals 1. A Fire Service Agreement with the Corporation of the Municipality of Trent

Lakes and the City has been negotiated and the terms have been approved by Council.

2. The City will provide Fire Service to a portion of the Municipality of Trent Lakes as per the terms of the Agreement.

3. The Terms of the Agreement must be formally approved by the Council. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014- .



“City”, “City of Kawartha Lakes” 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. “Council” or “City Council” means the municipal council for the City.

“Fire Chief” 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. “Mayor” means the Chief Executive Officer of the City.

1.02 Interpretation Rules: (a) The Schedules attached to this by-law form part of the by-law, and







319


2.01 Approvals: The Fire Service Agreement appended to this By-law as

Schedule “A” is approved. 2.02 Authorization: The Mayor and City Clerk are authorized to sign the

Agreement appended to this By-law as Schedule “A”, and to affix the City’s corporate seal to them.


3.01 Administration: The Fire Chief is responsible for the administration of this by-law. 3.02 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 8th day of April 2014. ________________________________ Ric McGee, Mayor


Trent Lakes Fire Service Agreement.pdf

320


BY-LAW 2014-

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SELWYN AND THE

CORPORATION OF THE CITY OF KAWARTHA LAKES FOR FIRE PROTECTION SERVICES

Recitals 1. A Fire Service Agreement between the Corporation of the Township of

Selwyn and the City has been negotiated and the terms have been approved by Council.

2. The Township of Selwyn will provide Fire Service to a portion of the City of Kawartha Lakes as per the terms of the Agreement.

3. The Terms of the Agreement must be formally approved by the Council. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014- .



“City”, “City of Kawartha Lakes” 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. “Council” or “City Council” means the municipal council for the City.

“Fire Chief” 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. “Mayor” means the Chief Executive Officer of the City.

1.02 Interpretation Rules: (a) The Schedules attached to this by-law form part of the by-law, and






329


2.01 Approvals: The Fire Service Agreement appended to this By-law as

Schedule “A” is approved. 2.02 Authorization: The Mayor and City Clerk are authorized to sign the

Agreement appended to this By-law as Schedule “A”, and to affix the City’s corporate seal to them.


3.01 Administration: The Fire Chief is responsible for the administration of this by-law. 3.02 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 8th day of April, 2014 ________________________________ Ric McGee, Mayor


Township of Selwyn Fire Service Agreement.pdf

330


BY-LAW 2014-

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING AGREEMENT FOR SHOWCASING WATER INNOVATION GRANT FUNDING

BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of the Environment,

AND THE CITY OF KAWARTHA LAKES

Recitals 1. The Minister of the Environment and the City entered into an agreement on

February 7, 2012 for Showcasing Water Innovation Grant Funding. 2. The parties wish to change the Schedules of the work to be undertaken by

the Recipient.

3. This agreement is required to be amended to reflect the changes.

4. This by-law authorizes the Agreement amendments.




(a) “City”, “City of Kawartha Lakes” or “Kawartha Lakes” means The Corporation of the City of Kawartha Lakes and includes its entire geographic area. (b) “City Clerk” means the person within the administration of the City

which fulfils the function of the City Clerk as required by the Municipal Act, 2001, c.25.

(c) “Council” means the municipal council for the City. (d) “Mayor” means the Chief Executive Officer of the City.

1.02 Interpretation Rules: (a) Wherever this By-law refers to a person or thing with reference to

gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances.

(b) References to items in the plural include the singular, as applicable. (c) The word “include” is not to be read as limiting the phrases or

descriptions that precede it. 1.03 Statutes: References to laws in this by-law are meant to refer to the






approved.

2.02 Authorization: The Mayor and City Clerk are authorized to sign the Agreement appended to this By-law as Schedule “A”, and to affix the City’s corporate seal to them.

339



By-law read a first, second and third time, and finally passed, this 8th day of April, 2014. _______________________________ Ric McGee, Mayor


SWI #107 Kawartha Lakes GFA amendment#1 FINAL March 2014 (2).docx

340

Amendment#1 Showcasing Water Innovation Grant Agreement SWI 11-12 0107 Page 1 of 10

AMENDMENT NO. 1

to a Showcasing Water Innovation Grant Funding Agreement THIS AMENDMENT No. 1 made in duplicate BETWEEN:

HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister of the Environment

(the “Province”)

- and -

CORPORATION OF THE CITY OF KAWARTHA LAKES (the “Recipient”)

WHEREAS the parties entered into an agreement dated as of the 7th day of February, 2012 (the “Agreement”) pertaining to the floating wetlands to improve stormwater effluent; AND WHEREAS pursuant to Section 35.2 of the Agreement, changes to the Agreement may be made in writing; AND WHEREAS the parties wish to change the Schedules of the work to be undertaken by the Recipient; NOW THEREFORE in consideration of the contractual relationship between the Province and the Recipient referred to above and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the Province and the Recipient hereby acknowledge and agree as follows: 1. Unless otherwise specified in this Amendment No. 1, capitalized words and

phrases have their prescribed meaning as set out in the Agreement. 2. The Agreement is amended as follows:

(a) Section 3.1 of the Agreement is deleted in its entirety and replaced with the following:

3.1 Term. The term of the Agreement shall commence on the Effective Date

and shall expire on March 31, 2015 unless terminated earlier pursuant to Article 12, Article 13 or Article 14.

341


(b) Section A.4 of Schedule “A” is deleted in its entirety and replaced with the

following: The Recipient will:

Project Activity Completion Date

A.4.1 Design of Systems at Sites

A.4.1.1 Select five locations and design Floating Wetlands for the five sites within the City of Kawartha Lakes..

March 1, 2012

A.4.2 Purchasing of Floating Wetland Technology

A.4.2.1 Purchase a total of 2400 square feet of Floating Wetland Technology from C&M to be used at the locations selected in A.4.1.1.

April 1, 2012

A.4.3 Installation and Planting

A.4.3.1 Obtain in-kind assistance from C&M for the installation and planting of Floating Wetland technology at each location.

June 1, 2012

A.4.4 Monitoring, Assessment, and Maintenance

A.4.4.1 Manage CAWT and/or QU who will conduct physical assessments during frost free months at each location by measuring the structural integrity and longevity of the physical structures; plant growth and vigour; and long term biomass accumulation using conventional and accepted scientific methods. The physical assessments will be conducted every two months. In the winter months the capability of the structures to withstand winter conditions will be assessed every two months.

December 31, 2014

A.4.4.2 Manage CAWT and/or QU who will conduct water quality testing once per month as appropriate for each location selected. Testing in the frost free months will include measurements of: Conductivity/pH/Dissolved Oxygen (DO); Total Coliform/E Coli; Carbonaceous Biological Oxygen Demand – 5 day (cBOD5); Chemical Oxygen Demand (COD); Ammonia (NH3); Nitrate and Nitrite (NO3/NO2); Total Kjeldahl Nitrogen (TKN); Phosphate (PO4); Total Phosphorus (TP); and Total Suspended Solids (TSS) – including organic fraction where appropriate.

December 31, 2014

A.4.4.3 Manage CAWT and/or QU who will maintain the Floating Wetland in each location by replanting as needed during the growing season; conducting structural maintenance of the systems including mooring/anchoring and any repairs; and other

December 31, 2014

342



activities as required.

A.4.5 Communication of Results and Outreach

A.4.5.1 Draft a minimum of one manuscript for publication in peer reviewed journals.

February 27, 2015

A.4.5.2 Present results of Project at a minimum of 2 conferences such as the Innovation Zone at Colleges Ontario Higher Education Summit.

February 27, 2015

A.4.5.3 Purchase three display stands. Display stands will be used within various locations throughout the City such as at Municipal Service Centres. The purpose of the display stands will be to educate the public about floating wetland technology and the Project.

June 1, 2012

A.4.5.4 Purchase a kiosk and 4’x8’ sign describing the scope of the Project, the locations of demonstration sites, the science of floating wetlands, and the Project participants. The kiosk will be used at events such as Canada Blooms Showcase, Haliburton-Muskoka-Kawartha Children’s Water Festival. The 4’x8’ sign will be located in an area within the City of Kawartha Lakes where there is optimum exposure to the public.

June 1, 2012

A.4.5.5 Prepare a final report that can be shared with other municipalities, governments, conservation authorities, water managers, and other organizations or individuals who may benefit from learning about floating wetlands. The report will be sent to select organizations and also posted on the City of Kawartha Lakes website.

February 27, 2015

A.4.5.6 Prepare website material. This will involve creating a special interest page under the Environmental tab on the City of Kawartha Lakes website for the Project. The page will be periodically updated with Project activities.

February 27, 2015

A.4.5.7 Purchase and install ten (10) interpretive signs. The signs will be installed in the vicinity of the demonstration and also at locations where they will direct the public to the demonstration sites. The signs will describe the scope of the Project, the locations of demonstration sites, the science of floating wetlands, and the Project participants.

June 15, 2012

A.4.5.8 Produce five hundred (500) 8.5”x14” double sided full colour pamphlets/brochures describing the scope of the Project, the locations of demonstration sites, the science of floating wetlands, and the Project participants.

June 15, 2012

A.4.5.9 Purchase four (4) full page advertisements in either the Kawartha Lakes This Week or The Lindsay Post newspapers that provide information on the scope of

September 30, 2013

343



the Project, the locations of demonstration sites, the science of floating wetlands, and the Project participants.

A.4.5.10 Develop a case study in English and French, posted on the City of Kawartha Lakes website, accessible to the general public.

February 27, 2015

A.4.5.11 Hold at least quarterly meetings for the purpose of communicating Project results with Project participants and other local organizations (such as conservation authorities and environment groups) that an interest in the Project.

December 31, 2014

A.4.6 Outcome Evaluation

A.4.6.1 Evaluate the improvement in water quality attributed to the Floating Wetlands.

December 31, 2014

A.4.6.2 Evaluate the reduction of risk from stormwater health hazards.

December 31, 2014

A.4.6.3 Assess the potential impact of Floating Wetlands on drinking water supplies.

December 31, 2014

A.4.6.4 Compare cost of installation and maintenance of floating wetlands compared to other stormwater treatment technologies.

December 31, 2014

A.4.6.5 Evaluate the level of interest in Floating Wetlands generated by the Project. Measures could include success of public events, inquiries about the Floating wetlands from other municipalities or organizations, website visits, among others.

December 31, 2014

344


(c) Table B.1 of Schedule “B” of the agreement is deleted in its entirety and replaces with the following:

B.1 Budget

Personnel

Total cost ($)

SWI Funding

contribution

($)

Recipeint's

financial

contribution ($)

Recipient's In-

Kind

contribution ($)

Fleming

College

financial

contribution ($)

Fleming

College In-Kind

contribution ($)

Queens In-Kind

contribution ($)

C&M Financial

($)

Total Funding

sources

1 City of Kawartha Lakes Personnel Time 32,151.44 28,941 0.00 3,210.20 3,210.20

TOTAL 32,151.44 28,941 0.00 3,210.20 0.00 0.00 0.00 0.00 3,210.20

Construction, Equipment, Supplies and Materials

Total cost ($)

SWI Funding

contribution

($)

Recipeint's

financial

contribution ($)

Recipient's In-

Kind

contribution ($)

Fleming

College

financial

contribution ($)

Fleming

College In-Kind

contribution ($)

Queens In-Kind

contribution ($)

C&M Financial

($)

Total Funding

sources

2 Floating wetland cell technology systems: (Phytolinks) 72,000.00 7,000 65,000.00 65,000.00

3 Promotion and Outreach Programs 44,200.00 28,200 16,000.00 16,000.00

TOTAL 116,200.00 35,200 81,000.00 0.00 0.00 0.00 0.00 0.00 81,000.00

Services & Other Expenses

Total cost ($)

SWI Funding

contribution

($)

Recipeint's

financial

contribution ($)

Recipient's In-

Kind

contribution ($)

Fleming

College

financial

contribution ($)

Fleming

College In-Kind

contribution ($)

Queens In-Kind

contribution ($)

C&M Financial

($)

Total Funding

sources

4

Fleming College: personnel, lab equipment supplies and

materials, conference presentations, mileage 106,630.56 76,000 16,215.28 14,415.28 30,630.56

5 Queens University 8,000.00 0 8,000.00 8,000.00

6 Preparation, Design, Travel, Installation and Maintenance C&M 15,800.00 0 15,800.00 15,800.00

7 Permit fees, CKL 2,500.00 500 2,000.00 2,000.00

TOTAL 132,930.56 76,500 2,000.00 0.00 16,215.28 14,415.28 8,000.00 15,800.00 56,430.56

TOTAL COSTS AND FUNDING Total cost ($)

SWI Funding

contribution

($)

Recipeint's

financial

contribution ($)

Recipient's In-

Kind

contribution ($)

Fleming

College

financial

contribution ($)

Fleming

College In-Kind

contribution ($)

Queens In-Kind

contribution ($)

C&M Financial

($)

Total Funding

sources

TOTAL 281,282.00 140,641 83,000.00 3,210.20 16,215.28 14,415.28 8,000.00 15,800.00 140,640.76

Rule No. 1 140,641 50.00%

Rule No. 2 83,000 29.51%

Rule No. 3 115,015 81.78%

This is a translation of the SWI rule of a maximum of 12.5% in-kind

Budget Allocation As per Report to Council WW 2012-0012012-13 2014

Total Project 303,250.40 281,282

Centre for Alternative Wastewater Treatment 21,599.20 30,631

C & M Aquatics 15,800.00 15,800

Queens University 39,000.00 8,000

MOE Innovations Branch 140,641.00 140,641

City of Kawartha Lakes 86,210.20 86,210

SWI Budget RulesSWI can pay for a maximum of 50% of project costs

Minimum 10% financial contribution from the recipient City of Kawartha Lakes

Minumum total financial contribution must be 75% of total SWI funding amount

Other Funding Sources

Description

Description

Description




345


(d) Schedule “C” of the Agreement is deleted in its entirety and replaced with

the following:

SCHEDULE “C”

PAYMENT

MILESTONE AMOUNT

Following Province execution of Agreement evidencing approval of Recipient Project application

$31,800.00

Following Province approval of an acceptable first progress report including financial statements signed as indicated in Schedule D

$31,620.00

Following Province approval of an acceptable second progress report including financial statements signed as indicated in Schedule D

$31,610.00

Following Province approval of an acceptable third progress report including financial statements signed as indicated in Schedule D

$31,611.00

Following Province approval of an acceptable fourth progress report including financial statements signed as indicated in Schedule D

$14,000.00

TOTAL $140,641.00

(e) Schedule “D” of the Agreement is deleted in its entirety and replaced with

the following:

SCHEDULE “D”

REPORTS

Name of Report Due Date

1. Progress Report First - April 30, 2012

Second - October 31, 2012

Third - April 30, 2013

Fourth – March 14, 2014

Fifth – September 30, 2014

2. Final Report February 27, 2015

3 Other Reports as specified from time to time On a date or dates specified by the

346


Province.

Report Details

1. The Progress Report will set out: (i) actions undertaken to the date of the report and how they relate to the objectives of the

Project;

(ii) any Project milestones achieved within the reporting period and show how Project objectives / expectations have been met;

(iii) set out any variances from the Project schedule, the reasons for such variances and the strategy used to correct the variances and achieve the Project objectives; and

(iv) an interim accounting of all Project expenditures to date signed by the Chief Financial Officer, the Board chair or equivalent, if applicable, or as otherwise agreed to by the Province confirming actual Project expenditures and providing an explanation for any variances from the Budget;

(v) an accounting of any other funding received by the Recipient, the identification of the funding organization, the amount and the specific aspect of the Project that the additional funding is supporting as well as a statement confirming that there is no overlap of funding from the Province and from any other organization;

(vi) a description of the competitive process followed to acquire supplies, equipment or

services and justification for the selection of the preferred proponents which evidences value for money;

(vii) Statement(s) whether the Recipient has applied for or received an Environmental

Compliance Approval or other permission required for the Project; (viii) whether or not the Project as described in the Agreement can be completed; and

(ix) a statement confirming the Recipient is in compliance with the terms and conditions of

the Agreement signed by the Chief Operating Officer, the Board chair or equivalent unless otherwise agreed to by the Province.

2. The Final Report will:

(i) discuss Project objectives / expectations, confirming that Project objectives / expectations were met, setting out lessons learned;

(ii) include a final accounting of all Project expenditures signed by the Chief Financial

Officer, and the Board chair or equivalent if applicable, or as otherwise agreed to by the Province, confirming actual Project expenditures and providing an explanation for any variances from the Budget;

347


(iii) include an accounting of any unspent Funds and an explanation as to why there are remaining Funds;

(iv) include a final accounting of the other funding received by the Recipient, the

identification of the funding organization, the amount and the specific aspect of the Project that the additional funding supported as well as a statement confirming that there has been no overlap of funding from the Province and from any other organization;

(v) include a description of the competitive process followed to acquire supplies, equipment

or services and justification for the selection of the preferred proponents which evidences value for money;

(vi) include statement(s) whether the Recipient has applied for or received an Environmental

Compliance Approval or other permission required for the Project; and (vii) include a statement signed by the Chief Operating Officer, the Board chair or equivalent

unless otherwise agreed to by the Province confirming Recipient compliance with the terms and conditions of the Agreement.

3. Other Reports: (i) the Province will specify the timing and content of any other Reports as may be

necessary.

348


3. This Amendment No. 1 shall be in force as of the 21st day of February 2014. 4. All other terms and conditions of the Agreement shall remain in full force and

effect unchanged and unmodified except in accordance with this Amendment No. 1.

5. This Amendment No. 1 shall enure to the benefit of and be binding upon the

Recipient and the Province and each of their executors, administrators, permitted successors and permitted assigns, respectively.

6. Amendment No. 1 may be executed in any number of counterparts, each of

which shall be deemed an original, but all of which together shall constitute one and the same instrument.

[SIGNATURE PAGE FOLLOWS]

349


IN WITNESS WHEREOF the parties have executed this Amendment No. 1 as set out in Section 3 above. HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of the Environment

Name: Jim Whitestone Position: Assistant Deputy Minister,

Environmental Programs Division

Pursuant to delegated authority CORPORATION OF THE CITY OF KAWARTHA LAKES

Date:

Name:

Judy Currins

Position: City Clerk

Date:

Name:

Ric McGee

Position: Mayor I have authority to bind the Recipient.

350


BY-LAW 2014-

A BY-LAW TO APPOINT AN INSPECTOR AND MUNICIPAL LAW ENFORCEMENT OFFICER FOR THE CITY OF KAWARTHA LAKES

Recitals 1. Section 3 of the Building Code Act requires the council of every municipality to

appoint a Chief Building Official and such inspectors as are necessary for the enforcement of the Act in the areas in which the municipality has jurisdiction.

2. Section 15 of the Police Services Act authorizes municipal councils to appoint municipal law enforcement officers, who are peace officers for the purpose of enforcing their by-laws.

3. Council considers it advisable to appoint an individual to serve as both an inspector and municipal law enforcement officer.

Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2014-.



“City” or "City of Kawartha Lakes" means The Corporation of the City of Kawartha Lakes;

“Council” means the Council of the City of Kawartha Lakes; and “Chief Building Official” means the employee of the City who holds that position or, in the event of organizational changes, another employee designated by Council.

1.02 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.

Section 2.00: Appointments

2.01 Building Inspector: Nicholas Dawkins is appointed as an inspector for the City

of Kawartha Lakes in accordance with section 3 of the Building Code Act. 2.02 Municipal Law Enforcement Officer: Nicholas Dawkins is also appointed as a

municipal law enforcement officer for the City of Kawartha Lakes in accordance with section 15 of the Police Services Act.

2.03 Reporting Relationship: Nicholas Dawkins shall report to and be under the

direction of the Chief Building Official.


3,01 Administration: The administration of this By-law is the responsibility of the Chief Building Official. 3.02 Effective Date: This By-law comes into force retroactively to March 17, 2014. By-law read a first, second and third time, and finally passed, this 8th day of April 2014. ________________________________ Ric McGee, Mayor


351

council meeting 2014_04_08_merged_agenda_package

Education

councillor villemaire

members of council

special council meeting

committees of council

regular council meeting

closed session commencing

municipal staff

closed session items