6. Completion of Unfinished Business 1. Delegations 1. Draft Animal Care and Control By-law – Results of Public Consultation 9 Recommendation: Direct Administration to include provisions in the Animal Care and Control By-law for minimum primary enclosure space requirements that exceed the level of the Provincial Animal Welfare Act, and include additional resources for education and enforcement in the 2022 Budget, as presented at the September 14, 2021 Council meeting. 2. Consent Agenda 1. August 10, 2021 Regular Council Meeting Minutes 55 2. August 12, 2021 Special Council Meeting Minutes 64 3. City of Brantford Actively Participate in the Year of the Garden 70 4. Howard Armstrong Request Amendment to By-law 67-2017 OffRoad Vehicles on Rural Roads 72 3. Reports for Information 1. Police Services Board Meeting Minutes – June 28, 2021 73 2. Property Standards Committee Hearing Minutes – July 21, 2021 78 3. Committee of Adjustment Meeting Minutes – August 18, 2021 87 4. Drainage Board Meeting August 9, 2021 111 5. Rock Rink Air Conditioning – Option 1 Rooftop or West Exterior Wall HVAC Unit 117 6. Unbudgeted Funds Approved by Council in 2021 139 4. Reports for Direction Page 2 of 268 1. Support for National Day for Truth and Reconciliation 143 Recommendation: Whereas the Truth and Reconciliation Commission released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation; And whereas the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action; And whereas all Canadians and all orders of government have a role to play in reconciliation; And whereas Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process; And whereas the Federal Government has announced September 30th 2021 as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday; Therefore be it resolved that the Council of the Municipality of Lakeshore commits to recognizing September 30th 2021 as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities. 2. Tender Award – Railway Avenue Watermain Replacement 158 Recommendation: Award the tender for Railway Avenue Watermain Replacement to SheaRock Construction for a total cost of $1,144,500.00 plus applicable HST, as presented at the September 14, 2021 Council meeting. Page 3 of 268 3. Tender Award – Fire Hall Asphalt Replacement 161 Recommendation: Award the tender for the Fire Hall Asphalt Replacement to Quinlan Inc. in the amount of $89,807.50 plus applicable HST for asphalt replacement, as described in the September 14, 2021 Council Report. 4. Tender Award – Denis St. Pierre Water Pollution Control Plant Expansion 164 Note: At the September 14, 2021 meeting, Council awarded the tender to North America Construction (1993) Ltd. Due to time restrictions, Council was unable to finish the discussion relating to the source of funding and 2022 Budget allocation. The recommendation posted on the agenda has been adjusted accordingly. Recommendation: Approve external debt to be taken in the principal amount of $45,281,427.72 for the Denis St. Pierre Water Pollution Control Plant Expansion Project; and, Approve additional funds in the amount of $2,368,697.60 for the Rourke Line Road Reconstruction to be funded in the 2022 budget from the roads reserve, all as described in the September 14, 2021 Council report. 5. County Wide Active Transportation System (CWATS) 2022 Project, County Rd 2 Lake-9 Segment 190 Recommendation: Approve the construction of a paved shoulder (Lake-9) along Tecumseh Road (County Road 2) between the Moison Creek Bridge to Stuart Lane for submission to the CWATS Committee for consideration in 2022; and Direct Administration to include $268,857.00 for the construction of the paved shoulder in the 2022 budget, as further described in the September 14, 2021 Council report. Page 4 of 268 6. Atlas Tube Recreation Centre South East Exit Door 196 Recommendation: Approve the repurposing of the South East exit door at the Atlas Tube Recreation Centre to an accessible door, the cost of which is to be considered in the 2022 Budget process, as presented at the September 14, 2021 Council meeting. 7. ATRC Splash Pad – Use, Operations, Lifecycle, Infrastructure 221 Recommendation: Confirm the continued use of the ATRC Splash Pad; Approve in principle the replacement of the existing black tinted windows on the east wall of the WFCU Pools with clear glass windows for the cost of approximately $101,500, plus HST; Approve in principle the addition of shaded seating units on the periphery of the splash pad for the cost of approximately $50,000; The $100,000 approved in the 2019 budget for remediation of the heat issue at the ATRC splash pad be used for the glass replacement project; and The glass replacement amount above $100,000 and the cost of shaded seating units be considered through the 2022 budget process, as presented at the September 14, 2021 Council meeting. Page 5 of 268 8. 2020 Year End Variance Report 233 Recommendation: Receive the report regarding the 2020 Year End Variances for the general (taxation funded), wastewater (sanitary sewer) and water funds; Approve the taxation supported surplus of $1,578,084 for the year ended December 31, 2020; Approve a transfer of $1,375,407 to the Working Funds Reserve; Approve a transfer to the Legal reserve of $129,293 representing the 2020 surplus in the Legal expense account budget; Approve a transfer to the Insurance reserve of $73,384 representing the 2020 surplus in the overall insurance claims expense account budget; Approve a transfer of $283,375 to the Building Services – Operating reserve fund to transfer the 2020 Accumulated Net Surplus per the draft 2020 Building Services Statement; Approve a transfer of $491,562 representing a surplus from Wastewater (sanitary sewer) operations for the year ended December 31, 2020 to the Wastewater (Sanitary Sewer) Reserve Fund; and Approve a transfer of $189,600 representing a surplus from Water operations for the year ended December 31, 2020 be transferred to the Water Reserve Fund. 9. 2020 Capital Variance Report 242 Recommendation: Approve the net capital transfer to/from projects of ($295,531) as identified in Appendix A of the 2020 Capital Variance Report for the year ended December 31, 2020 and approve the transfer of $14,861,791 to the encumbrance reserve. Page 6 of 268 10. Accessibility Advisory Committee Draft Meeting Minutes, May 4, 2021 250 Recommendation: Direct Administration to prepare a report for the Accessibility Advisory Committee regarding Evacuation Chairs; Direct Administration to advertise to replace the two vacancies on the Committee; and Receive the Accessibility Advisory Committee Meeting Minutes of May 4, 2021. 5. Consideration of By-laws Recommendation: By-law 67-2021 be read a first and second time and provisionally adopted; By-laws 48-2021, 57-2021 and 58-2021 be read a third and adopted; and By-laws 68-2021, 71-2021, 72-2021, 73-2021 and 74-2021 be read and passed in open session on September 16, 2021. 1. By-law 48-2021, Being a By-law for the No. 3 Government Drain in the Municipality of Lakeshore 256 2. By-law 57-2021, Being a By-law for the 3rd Concession Drain - East of little Creek in the Municipality of Lakeshore 257 3. By-law 58-2021, Being a By-law for the 2nd Concession drain - South Malden Road in the Municipality of Lakeshore 258 4. By-law 67-2021, Being a By-law for the Brown Drain Enclosure in the Municipality of Lakeshore 259 5. By-law 68-2021, Being a By-law to Confirm the Proceedings of Council for August 10th and August 12th Meetings 260 6. By-law 71-2021, Being a By-law to Authorize a Grant to the John Freeman Walls Historic Site & Underground Museum 261 7. By-law 72-2021, Being a By-law to amend By-law 2-2012, Zoning By-law for the Municipality of Lakeshore (ZBA-24-2021) 264 8. By-law 73-2021, Being a By-law to Amend By-law 2-2012, Zoning By-law for the Municipality of Lakeshore (ZBA-25-2021) 266 Page 7 of 268 9. By-law 74-2021, Being a By-law to amend By-law 2-2012, Zoning By-law for the Municipality of Lakeshore (ZBA-01-2021) 267 7. Adjournment
Sep 16, 2021 Special Council Meeting
6. Completion of Unfinished Business 1. Delegations 1. Draft Animal Care and Control By-law – Results of Public Consultation 9 Recommendation: Direct Administration to include provisions in the Animal Care and Control By-law for minimum primary enclosure space requirements that exceed the level of the Provincial Animal Welfare Act, and include additional resources for education and enforcement in the 2022 Budget, as presented at the September 14, 2021 Council meeting. 2. Consent Agenda 1. August 10, 2021 Regular Council Meeting Minutes 55 2. August 12, 2021 Special Council Meeting Minutes 64 3. City of Brantford Actively Participate in the Year of the Garden 70 4. Howard Armstrong Request Amendment to By-law 67-2017 OffRoad Vehicles on Rural Roads 72 3. Reports for Information 1. Police Services Board Meeting Minutes – June 28, 2021 73 2. Property Standards Committee Hearing Minutes – July 21, 2021 78 3. Committee of Adjustment Meeting Minutes – August 18, 2021 87 4. Drainage Board Meeting August 9, 2021 111 5. Rock Rink Air Conditioning – Option 1 Rooftop or West Exterior Wall HVAC Unit 117 6. Unbudgeted Funds Approved by Council in 2021 139 4. Reports for Direction Page 2 of 268 1. Support for National Day for Truth and Reconciliation 143 Recommendation: Whereas the Truth and Reconciliation Commission released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation; And whereas the recent discoveries of remains and unmarked graves across Canada have led to increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action; And whereas all Canadians and all orders of government have a role to play in reconciliation; And whereas Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process; And whereas the Federal Government has announced September 30th 2021 as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday; Therefore be it resolved that the Council of the Municipality of Lakeshore commits to recognizing September 30th 2021 as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities. 2. Tender Award – Railway Avenue Watermain Replacement 158 Recommendation: Award the tender for Railway Avenue Watermain Replacement to SheaRock Construction for a total cost of $1,144,500.00 plus applicable HST, as presented at the September 14, 2021 Council meeting. Page 3 of 268 3. Tender Award – Fire Hall Asphalt Replacement 161 Recommendation: Award the tender for the Fire Hall Asphalt Replacement to Quinlan Inc. in the amount of $89,807.50 plus applicable HST for asphalt replacement, as described in the September 14, 2021 Council Report. 4. Tender Award – Denis St. Pierre Water Pollution Control Plant Expansion 164 Note: At the September 14, 2021 meeting, Council awarded the tender to North America Construction (1993) Ltd. Due to time restrictions, Council was unable to finish the discussion relating to the source of funding and 2022 Budget allocation. The recommendation posted on the agenda has been adjusted accordingly. Recommendation: Approve external debt to be taken in the principal amount of $45,281,427.72 for the Denis St. Pierre Water Pollution Control Plant Expansion Project; and, Approve additional funds in the amount of $2,368,697.60 for the Rourke Line Road Reconstruction to be funded in the 2022 budget from the roads reserve, all as described in the September 14, 2021 Council report. 5. County Wide Active Transportation System (CWATS) 2022 Project, County Rd 2 Lake-9 Segment 190 Recommendation: Approve the construction of a paved shoulder (Lake-9) along Tecumseh Road (County Road 2) between the Moison Creek Bridge to Stuart Lane for submission to the CWATS Committee for consideration in 2022; and Direct Administration to include $268,857.00 for the construction of the paved shoulder in the 2022 budget, as further described in the September 14, 2021 Council report. Page 4 of 268 6. Atlas Tube Recreation Centre South East Exit Door 196 Recommendation: Approve the repurposing of the South East exit door at the Atlas Tube Recreation Centre to an accessible door, the cost of which is to be considered in the 2022 Budget process, as presented at the September 14, 2021 Council meeting. 7. ATRC Splash Pad – Use, Operations, Lifecycle, Infrastructure 221 Recommendation: Confirm the continued use of the ATRC Splash Pad; Approve in principle the replacement of the existing black tinted windows on the east wall of the WFCU Pools with clear glass windows for the cost of approximately $101,500, plus HST; Approve in principle the addition of shaded seating units on the periphery of the splash pad for the cost of approximately $50,000; The $100,000 approved in the 2019 budget for remediation of the heat issue at the ATRC splash pad be used for the glass replacement project; and The glass replacement amount above $100,000 and the cost of shaded seating units be considered through the 2022 budget process, as presented at the September 14, 2021 Council meeting. Page 5 of 268 8. 2020 Year End Variance Report 233 Recommendation: Receive the report regarding the 2020 Year End Variances for the general (taxation funded), wastewater (sanitary sewer) and water funds; Approve the taxation supported surplus of $1,578,084 for the year ended December 31, 2020; Approve a transfer of $1,375,407 to the Working Funds Reserve; Approve a transfer to the Legal reserve of $129,293 representing the 2020 surplus in the Legal expense account budget; Approve a transfer to the Insurance reserve of $73,384 representing the 2020 surplus in the overall insurance claims expense account budget; Approve a transfer of $283,375 to the Building Services – Operating reserve fund to transfer the 2020 Accumulated Net Surplus per the draft 2020 Building Services Statement; Approve a transfer of $491,562 representing a surplus from Wastewater (sanitary sewer) operations for the year ended December 31, 2020 to the Wastewater (Sanitary Sewer) Reserve Fund; and Approve a transfer of $189,600 representing a surplus from Water operations for the year ended December 31, 2020 be transferred to the Water Reserve Fund. 9. 2020 Capital Variance Report 242 Recommendation: Approve the net capital transfer to/from projects of ($295,531) as identified in Appendix A of the 2020 Capital Variance Report for the year ended December 31, 2020 and approve the transfer of $14,861,791 to the encumbrance reserve. Page 6 of 268 10. Accessibility Advisory Committee Draft Meeting Minutes, May 4, 2021 250 Recommendation: Direct Administration to prepare a report for the Accessibility Advisory Committee regarding Evacuation Chairs; Direct Administration to advertise to replace the two vacancies on the Committee; and Receive the Accessibility Advisory Committee Meeting Minutes of May 4, 2021. 5. Consideration of By-laws Recommendation: By-law 67-2021 be read a first and second time and provisionally adopted; By-laws 48-2021, 57-2021 and 58-2021 be read a third and adopted; and By-laws 68-2021, 71-2021, 72-2021, 73-2021 and 74-2021 be read and passed in open session on September 16, 2021. 1. By-law 48-2021, Being a By-law for the No. 3 Government Drain in the Municipality of Lakeshore 256 2. By-law 57-2021, Being a By-law for the 3rd Concession Drain - East of little Creek in the Municipality of Lakeshore 257 3. By-law 58-2021, Being a By-law for the 2nd Concession drain - South Malden Road in the Municipality of Lakeshore 258 4. By-law 67-2021, Being a By-law for the Brown Drain Enclosure in the Municipality of Lakeshore 259 5. By-law 68-2021, Being a By-law to Confirm the Proceedings of Council for August 10th and August 12th Meetings 260 6. By-law 71-2021, Being a By-law to Authorize a Grant to the John Freeman Walls Historic Site & Underground Museum 261 7. By-law 72-2021, Being a By-law to amend By-law 2-2012, Zoning By-law for the Municipality of Lakeshore (ZBA-24-2021) 264 8. By-law 73-2021, Being a By-law to Amend By-law 2-2012, Zoning By-law for the Municipality of Lakeshore (ZBA-25-2021) 266 Page 7 of 268 9. By-law 74-2021, Being a By-law to amend By-law 2-2012, Zoning By-law for the Municipality of Lakeshore (ZBA-01-2021) 267 7. Adjournment