AGENDA

NINTH REGULAR MEETING OF THE ONE HUNDRED AND

TWENTY EIGHTH COUNCIL OF THE TOWN OF CARLETON PLACE
Tuesday, May 9, 2017 Council Chambers
(Auditorium if Required) at 7:00 p.m.
I OPENING PRAYER
II DISCLOSURE OF PECUNIARY INTEREST
III MINUTES OF PREVIOUS MEETING
Minutes of the Eighth Regular Meeting of the 128th Council of April 25, 2017
IV DELEGATIONS
Presentation of Certificate to CERV Graduate, Kim Olynek
Robert Swayze, Integrity Commissioner (refer to Other Business)
V COMMUNICATIONS
128207 128228 (copies of communications are available to view in the Clerks Dept.)
VI READING OF BY-LAWS
By-law 27-2017 To Exempt Certain Lands from Part Lot Control 16-18 Dulmage Cres.
By-law 28-2017 To Establish Final Tax Rates for 2017
By-law 29-2017 Noise By-law
By-law 30-2017 Amendment to the Swimming Pool By-law 63-2008

VII STANDING COMMITTEES

Policy Review Committee April 25, 2017
128207 128208 128209 128210 128211

Physical Environment Committee May 2, 2017

128212 128213 128214 128215 128216 128217 128226 128227

Planning and Protection Committee May 2, 2017

128218 128219 128220 127387 128221 128222 128223 128228

VIII OTHER BUSINESS

Integrity Commissions Report dated May 3, 2017
Motion for Refreshment Vehicle May 13, 2017

IX MAYORS ANNOUNCEMENTS/DATES TO REMEMBER

X BY-LAW NO. 31-2017 CONFIRMING COUNCIL PROCEEDING

XI SINGING OF OCANADA

XII ADJOURNMENT
 BY-LAW NO. 27-2017

A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO

EXEMPT CERTAIN LANDS FROM PART LOT CONTROL, BLOCK 82, REGISTERED
PLAN 27M-60, PARTS 1 TO 3 INCLUSIVE ON PLAN 27R-10891, IN THE TOWN OF
CARLETON PLACE, IN THE COUNTY OF LANARK.
WHEREAS Subsection 7 of Section 50 of The Planning Act, R.S.O. 1990 as amended,
authorizes a Municipality to provide a by-law that part lot control does not apply to land
that is within registered plans or plan of subdivision or parts thereof, subject to the
approval of the County of Lanark;
AND WHEREAS it is deemed expedient to exempt certain lands located in an area
designated Residential in Development Permit By-law 15-2015, and described as Block
82, Registered Plan 27M-60, Parts 1 to 3 inclusive on Plan 27R-10891 in the Town of
Carleton Place, in the County of Lanark;
AND WHEREAS The Planning Act, subsection 50 (7.1) does not come into effect until
approved by the County of Lanark;
NOW THEREFORE the Council of the Corporation of the Town of Carleton Place enacts
as follows:
1. Subsection 5 of Section 50 of The Planning Act, R.S.O. 1990, as amended, does
not apply to Block 82, Registered Plan 27M-60 further described as Parts 1 to 3
inclusive on Plan 27R-10891 in the Town of Carleton Place, in the County of
Lanark.
2. This by-law shall be effective only to the extent necessary to permit;
a) The creation of blocks and parcels for construction purposes and to permit such
lots to be charged and/or discharged
b) Individual dwelling units, together with appurtenant rights and easements in
land associated therewith, to be conveyed to each initial purchaser of each
individual dwelling unit;
And this by-law shall not be construed as to permit the further severance or re-
subdivision of any such parcel.
3. This by-law shall become effective upon the approval of the County of Lanark and
registration of the by-law in the land titles office.
4. This by-law shall expire and be of no further force and effect as of May 1, 2018.
5. The property is locally known as 16 18 Dulmage Crescent.

READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY PASSED THIS 9th
DAY OF MAY 2017.

Louis Antonakos, Mayor D.H. Rogers, Clerk

 BY-LAW 28-2017

A BY-LAW TO ADOPT THE ESTIMATES FOR THE SUMS REQUIRED DURING THE
YEAR 2017 FOR THE GENERAL AND SPECIAL PURPOSES OF THE
CORPORATION OF THE TOWN OF CARLETON PLACE AND TO ESTABLISH TAX
RATES.

WHEREAS Section 312 of the Municipal Act, 2001 (S.O. 2001, c.25) provides that the
Council of a local municipality shall after the adoption of estimates for the year, pass a
by-law to levy a separate tax rate on the assessment in each property class;

AND WHEREAS Section 312(6) of the said Act require tax rates to be established in
the same proportion to tax ratios;

WHEREAS the tax ratios as set by the County of Lanark for the Town of Carleton Place
through By-Law 2017-15 are:

Residential/Farm Property Class (RT,RF,RH,RG) 1.000000

Multi-Residential Property Class (MT,MF) 2.287260
Commercial Property Class (CT,CF,CG,CK,ST,CH,GT,XT,ZT) 1.771371
Industrial Property Class (IT,IF,IJ,JT,LT,IH) 2.599027
Pipeline Property Class (PT) 2.018857
Farmland Property Class (FT) 0.250000
Farmland Awaiting Development - Phase 1,II (F1.R1) 0.250000
Managed Forest Property Class (TT) 0.250000

WHEREAS the property subclasses have tax rate reductions as set by the County of
Lanark for the Town of Carleton Place through By-Law 2017-15 are:

Commercial Property Class Vacant land, Vacant units and excess land - 30%
reduction, (Qualifying Classes CK,CU,CX,SU,CFU,CXN,SXN,XU)

Industrial Property Class Vacant land, Vacant units and excess land - 35%
reduction, (Qualifying Classes - IU,IX,LU,IJ,JU)
WHEREAS the assessed value of all rateable real property according to the latest
revised assessment roll including properties for Payment in Lieu for the Town of
Carleton Place amounts to $1,265,030,865.

WHEREAS the Municipal Budget Levy Requirement for the Town of Carleton Place
amounts to $9,523,259 for 2017.

WHEREAS the request from the BIA Board of Management is for a Budget Levy
amounting to $155,000 for 2017.

WHEREAS the tax rates on the various property classes and sub-classes have been
calculated pursuant to the provisions of the Municipal Act and the manner set out in this
By-Law;

NOW THEREFORE the Council of the Town of Carleton Place enacts tax rates as
follows:

1. That the following tax rates be established and applied to the taxable
assessments of the Town of Carleton Place for 2017 as follows:

Property Class Municipal Education County

Tax Rate Tax Rate Tax Rate Total
By-law
2017-16
RT - RF - RG RH .00661423 .00179000 .00376627 .01217050
MT -MF .01513071 .00179000 .00845829 .02537900
CT -CF -CG -CH ST -GT .01171626 .01285667 .00667146 .03124439
XT - ZT CTN - STN .01171626 .01140000 .00667146 .02978772
CU -CX SU - CK .00820138 .00899967 .00467002 .02187107
XU ZU- CUN-SXN .00820138 .00798000 .00467002 .02085140
IT -LT IH .01719056 .01390000 .00978864 .04087920
JT .01719056 .01140000 .00978864 .03837920
IU IX LU IJ .01117387 .00903500 .00636261 .02657148
JU .01117387 .00741000 .00636261 .02494648
PT .01335318 .01390000 .00760356 .03485674
FT R1 .00165356 .00044750 .00094157 .00304263

BIA Special Rate

CT - ST - XT .00460310
CU -CX SU -XU .00322217
 2. That the due date for the payment of instalments of the 2017 taxes shall be:

Regular Instalments Monthly Payment Plan

by automatic withdrawal
(10 months)

February 23, 2017 February 10, 2017

May 25, 2017 March 10, 2017
August 31, 2017 April 10, 2017
October 26, 2017 May 10, 2017
June 10, 2017
July 10, 2017
August 10, 2017
September 10, 2017
October 10, 2017
November 10, 2017

3. The assessment made in the year 2017, based on current values from January
1. 2016 under the provisions of the Assessment Act, Chapter A.31, R.S.O. 1990
as amended shall be the assessment on which the final tax rates shall be fixed
and levied and the final tax shall be fixed and levied on such assessment.

4. If taxes are not paid on the due dates, a penalty of one and one-quarter percent
(1.25%) of the unpaid taxes shall be levied on the first day of the calendar month
following the due date and a further penalty of one and one-quarter percent
(1.25%) on the first day of each calendar month thereafter for as long as the
default continues, but not after December 31st, 2017.

5. If any taxes levied pursuant to this By-law remain unpaid as of January 1st, 2018,
interest at the rate of one and one-quarter percent (1.25%) of the unpaid taxes
shall be charged on January 1st, 2018 and also on the first day of each calendar
month thereafter for as long as the default continues.

READ A FIRST TIME, SECOND TIME AND THIRD TIME AND FINALLY PASSED
THIS 9TH DAY OF MAY 2017

Louis Antonakos, Mayor D. H. Rogers, Clerk

 BY-LAW NO. 29-2017

A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE, BEING A BY-

LAW TO PROHIBIT UNUSUAL NOISES AND NOISE LIKELY TO DISTURB THE
INHABITANTS OF A MUNICIPALITY

WHEREAS pursuant to Section 129 of the Municipal Act S.O. 2001, the Council of the
Corporation of the Town of Carleton Place has the authority to enact a by-law governing unusual
noises and noises likely to disturb the inhabitants and;

WHEREAS the Council of the Corporation of the Town of Carleton Place deems it expedient
and necessary to regulate such noises;

NOW THEREFORE the Council of the Corporation of the Town of Carleton Place enacts as
follows:

1. DEFINITIONS
1.1 Amplifier means a device for making sounds, voices, or noises louder.

1.2 By-law Enforcement Officer means a By-law Enforcement Officer for the Town of
Carleton Place.

1.3 Construction includes erection, alteration, repair, dismantling, demolition,

structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, the use of chainsaws, the laying of pipe and conduit whether above or
below ground level, street and highway building, concreting, equipment installation
and alteration and the structural installation of construction components and
materials in any form or for any purpose, and includes any work in connection
therewith.

1.4 Corporation means the Corporation of the Town of Carleton Place.

1.5 Council means The Council for the Corporation of the Town of Carleton Place.

1.6 Lawn Maintenance Equipment means equipment which is operated by an

engine or motor, either driven, hand pushed or held and includes lawnmowers,
whipper snippers, lawn tractors, leaf blowers, bush hogs, brush chippers, hedge
clippers, edgers and other similar devices used to landscape, cut, mow, trim or
maintain ones own lawn, yard, garden or lot.

1.7 Loudspeaker means a device which produces sound.

1.8 Microphone means an instrument which can change sound waves into electric
waves and can therefore be used to record voices or sounds.

1.9 Municipality means the Corporation of the Town of Carleton Place.

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 1.10 Noise means sound that is excessive, or of such volume or persistence that it
has the effect or potential effect of disturbing inhabitants

1.11 Persistence means continuing to exist or endure over a prolonged period of time
continuously or intermittently for an aggregate period of at least 20 minutes out of
any 60 minute period.

1.12 Plainly Audible means the sound in question can be easily detected, without
undue effort, by a disinterested person with no hearing disability.

1.13 Police Officer means an Officer of the Carleton Place Detachment of the
Ontario Provincial Police

1.14 Point of Reception means any point on the premises of a person where noise
or vibration originating from other than those premises is received.

1.15 Public Address System means any combination of equipment capable of

producing or reproducing sound such as an amplifier, loudspeaker and
microphone, whether being used for addressing or entertaining the public.

1.16 Public Buildings means any building owned or operated by any level of
government, crown corporation or public utility. This definition shall also include
hospitals and schools.

1.17 Public Place means any land owned or operated by any level of government,
crown corporation or public utility. This definition shall also mean hospitals and
schools.

1.18 Urgent Necessity shall mean that it is essential that work, noise, thing, or event
etc continue or begin for the health, safety, or welfare for those involved including
the community.

2. GENERAL PROVISIONS
2.1 No person shall ring any bell, blow or sound any horn or cause the same to be
rung, blown or sounded; shout or create or permit unusual noises, or noises
likely to disturb the residents of the community unless authorized by law or in
accordance with good safety practices.

2|Page
2.2 No person shall create or permit noise by playing radios, television sets, musical
or a sound producing instrument or device of whatever kind which disturbs the
peace, quiet, comfort or repose of the resident of the community and which noise
is clearly audible at a point of reception.

2.3 No person shall keep birds or animals, the noise of whose crowing, cries, barking
or other such sounds disturb the peace and comfort of the neighbourhood. The
owner or person having the bird or animal under their control when the noise was
generated is liable for the noise causing the disturbance.

2.4 No person shall cause or permit noise arising from construction between the
hours of 10:00 p.m. and 6:00 a.m. the following day, except in the case of urgent
necessity or emergency.

2.4.1 Notwithstanding Section 2.4, temporarily located de-watering pump

operation may be allowed with authorization by the By-law Enforcement
Officer.

2.4.2 Notwithstanding Section 2.4, no person shall cause or permit noise arising
from construction between the hours of 10:00 p.m. and 8:00 a.m. the
following day on the weekend or in the event of a statutory holiday, except
in the case of urgent necessity or emergency.

2.5 No person shall cause or permit noise arising from lawn maintenance equipment
between the hours of 10:00 p.m. and 6:00 a.m. the following day.

2.5.1 Notwithstanding Section 2.5, no person shall cause or permit noise arising
from lawn maintenance equipment between the hours of 10:00 p.m. and
8:00 a.m. the following day on the weekend or in the event of a statutory
holiday.

2.6 No person shall cause or permit any noise in the vicinity of any school, seminar
of learning, court, or other such public buildings while the same is in session, or
in the vicinity of any hospital or convalescent institution or rest home when such
noise interferes with the undertaking of the same.

2.7 No person shall cause or permit any noise resulting from racing of any motorized
conveyance other than in a racing event regulated by law.
2.8 No person shall cause or permit any noise resulting from the operation of a motor
vehicle in such a way that the tires squeal.

2.9 No person shall cause or permit any noise resulting from the operation of an engine
or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a
continuous period exceeding five minutes, while such vehicle is stationary in a
residential area, unless:

3|Page
 2.9.1 The original manufacturer specifically recommends a long idling period for
normal and efficient operation of the motor vehicle (written documentation
must be provided) in which case such recommended period shall not be
exceeded.

2.9.2 The operation of such engine or motor is essential to a basic function of

the vehicle equipment, including but not limited to, operation of ready
mixed concrete trucks, lift platforms and refuse compactors.

2.9.3 Weather conditions justify the use of heating or refrigerating systems

powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or the preservation of perishable cargo, and the
vehicle is stationary for the purposes of delivery or loading, or emergency.
2.9.4 Unless it is an urgent necessity or emergency.

2.10 Notwithstanding previously mentioned clauses in Section 2.9, but not including
Section 2.9.4, no person shall cause or permit to be caused, noise resulting from
the operation of an engine or motor in, or on, any motor vehicle or item of attached
auxiliary equipment while such vehicle is stationary in a residential zone between
the hours of 11:00 p.m. to 6:00 a.m. the following day.

3. EXCEPTIONS TO THE GENERAL PROVISIONS

3.1 The use in a reasonable manner of any apparatus or mechanism for the
amplification of the human voice of music in a park or any other public place in
connection with any lawful and peaceable public meeting or gathering that has
received written permission from the Facilities Operation Committee or any other
persons or committees that may be directly or indirectly affected by the event
shall be permitted.

3.2 Necessary work performed by municipal employees between the hours of 10:00
p.m. and 6:00 a.m. which otherwise performed during the day would be a
hindrance to the community.

3.3 Any person or group may make an application for an exception for a case of
urgent necessity.

3.4 All applications shall be submitted to the Director of Protective Services stating:
a) name of the applicant. It may be the name of an organization or group, etc.
b) the location or address where the noise will be originating from.
c) the reason why an exception to the provisions of this by-law is requested.
d) the name and phone number of a contact person.

3.5 The Director of Protective Services or his designate shall have the right to refuse to
grant any exemption and/or impose such terms and conditions as deemed
appropriate as part of the exception agreement.
4|Page
 3.6 Breach of any of the terms and conditions of a granted exception shall render the
exception null and void.

3.7 This By-law shall not apply to noise heard through a common wall or floor in
multi-unit residences unless such noise is plainly audible at a point of
reception outside the residence.

3.8 This By-law shall not apply to the operation of a generator during a power
failure or other emergency.

4. ENFORCEMENT
4.1 Any person who contravenes any of the provisions of this by-law and the
procedures with respect thereto is guilty of an offence and the enforcement and
the penalty imposed thereunder shall be subject to the provisions of The
Provincial Offences Act, R.S.O. 1990, Chapter P.53 and the amendments
thereto, and the penalty for the commission of any such offence shall be
provided for in the said Provincial Offences Act.

4.2 This by-law shall be enforced by any By-law Enforcement Officer and/or by an
Officer of the Carleton Place Detachment of the Ontario Provincial Police.

4.3 Enforcement Procedures See Appendix A

5. VALIDITY
5.1 If any section or part thereof of this by-law for any reason is deemed invalid, the
remaining parts of the by-law shall remain in effect until repealed.

5.2 Where provisions of this by-law conflicts with the provisions of another by-law in
force in the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.

5.3 This By-law shall not take effect until an order regarding set fines have been
approved by the appropriate Judge of the Ontario Court of Justice Provincial
Division.

6. SHORT TITLE
6.1 This by-law may be referred to as The Noise By-law.

5|Page
7. REPEAL OF BY-LAW
7.1 That By-law 27-2013 and amendments thereto prohibiting unusual noises and
noise likely to disturb the inhabitants of the municipality be and is hereby
repealed.

READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY PASSED THIS 9th,
DAY OF MAY 2017.

Louis Antonakos, Mayor D. H. Rogers, Clerk

6|Page
 APPENDIX A

ENFORCEMENT PROCEDURES

When the By-law Enforcement department receives a neighbourhood complaint regarding

excessive or persistent noise the procedure described below will be followed

A notice is sent to the owner and/or occupant of the property where the concern is
located. Sometimes an owner/occupant may not be aware of the problem and this
notice will be enough to correct the issue.
At the same time a notice is sent to the complainant. At this stage, all information with
respect to the complainant (I.e. name, address) is kept strictly confidential. However, if
the noise continues to negatively impact them, the Town will require their involvement
and cooperation to help bring closure to the matter.
In order to gather evidence with respect to the noise which caused the complaint, the
complainant is required to record the following information in a diary format
o Type of noise (i.e. dog barking, machinery etc.)
o How the noise is disturbing them
o Their location on their property when they were disturbed
o Information about the source of the noise
o Time of day when the disturbance occurred
o Duration of the noise
Once the complainant has the above information for at least ten occurrences within a
30 day period when the noise has disturbed them they are requested to contact our
office to discuss the possibility of charges being laid. Please note that the ten
occurrences must be after a formal complaint has been registered and the
required notices have been sent. This ensures that the owner/occupant has ample
opportunity to take mitigating measures.
The information collected by the complainant will be entered as evidence if by-law
charges are laid. The complainant may be required to testify in court on the evidence in
the presence of the occupant/owner of the property from which the noise originated.
The complainant may also be asked questions by the alleged violator or their legal
representative with respect to the evidence

7|Page
 BY-LAW NO. 30-2017

A BY-LAW OF THE COUNCIL OF THE CORPORATION OF THE TOWN

OF CARLETON PLACE TO AMEND BY-LAW NO. 63-2008, THE
SWIMMING POOL BY-LAW.

WHEREAS it is deemed expedient and necessary to amend By-law No. 63-2008,

commonly referred to as the Swimming Pool By-law.

NOW THEREFORE, The Council of The Corporation of The Town of Carleton Place
hereby enacts as follows:

1. That Section 1.13 of By-law No. 63-2008 be amended to insert the word not
between the words depth and exceeding in the definition of a landscaping pond.

READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY PASSED
THIS 9th DAY OF MAY 2017.

Louis Antonakos, Mayor D.H. Rogers, Clerk

 Policy Review Committee
Council Report
April 25th, 2017

COMMUNICATION 128207
Received from Paul Knowles, Chief Administrative Officer
Addressed to Policy Review Committee
Date April 21st, 2017
Topic Closed Meetings

SUMMARY
As authorized by the Municipal Act, Council should review selected items in closed
session.

STAFF RECOMMENDATION
THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the
meeting be closed to the public with the following agenda:

AGENDA
16-12-16-2 personal matters about an identifiable individual, including municipal or
local board employees General Nature Hiring Committee

COMMITTEE DECISION
THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the
meeting be closed to the public with the following agenda:

AGENDA
16-12-16-2 personal matters about an identifiable individual, including municipal or
local board employees General Nature Hiring Committee

REPORT TO COUNCIL
16-12-16-2 Receive and Record

COUNCIL ACTION
Receive and Record
 Policy Review Committee April 25th, 2017 - Page 2

COMMUNICATION 128208
Received from Joanne Henderson, Manager of Recreation and Culture
Addressed to Policy Review Committee
Date April 12th, 2017
Topic Liquor Events

SUMMARY
The following liquor requests have been received for the Town Hall Auditorium:

1) A wedding brunch on Saturday June 10th, 2017;

2) Music for Miracles Notre Dave dinner and concert for the hospital on Friday,
June 16th, 2017;
3) Connections Fundraiser on Thursday, June 15th, 2017; and
4) The Mills Community Support Fundraiser on Saturday, September 20th, 2017.

STAFF RECOMMENDATION
THAT liquor be permitted to be served at the above events.

COMMITTEE DECISION
THAT liquor be permitted to be served at the above events.

COUNCIL ACTION
Receive and Record

COMMUNICATION 128209
Received from Joanne Henderson, Manager of Recreation and Culture
Addressed to Policy Review Committee
Date April 19th, 2017
Topic Work on Splash Pad

SUMMARY
Tenders will close on Monday, April 24th, 2017 for work on the Splash Pad.

UPDATE
The bids for Improvements to the Splash Pad were

Playground Planners $99,310.00 + HST

ABC Recreation $99,497.77 + HST

STAFF RECOMMENDATION
THAT Council hereby authorizes staff to issue a Purchase Order to Playground
Planners for $99,310.00 + HST for Improvements to the Splash Pad
 Policy Review Committee April 25th, 2017 - Page 3

128209 Continued

COMMITTEE DECISION
THAT Council hereby authorizes staff to issue a Purchase Order to Playground
Planners for $99,310.00 + HST for Improvements to the Splash Pad

COUNCIL ACTION
THAT Council hereby authorizes staff to issue a Purchase Order to Playground
Planners for $99,310.00 + HST for Improvements to the Splash Pad

COMMUNICATION 128210
Received from Deputy-Mayor Flynn
Addressed to Policy Review Committee
Date April 20th, 2017
Topic Carleton Place Canadians

SUMMARY
Jason Clarke, owner and coach of the Carleton Place Canadians, would like to
update Committee.

STAFF RECOMMENDATION
THAT update be heard.

COMMITTEE DECISION
Update was heard. Receive and Record

COUNCIL ACTION
Receive and Record

COMMUNICATION 128211
Received from Paul Knowles, Chief Administrative Officer
Addressed to Policy Review Committee
Date April 21st, 2017
Topic Closed Meetings

SUMMARY
As authorized by the Municipal Act, Council should review selected items in closed
session.

STAFF RECOMMENDATION
THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the meeting
be closed to the public with the following agenda:
 Policy Review Committee April 25th, 2017 - Page 4

128211 Continued

AGENDA
25-04-17-1 personal matters about an identifiable individual, including municipal or
local board employees General Nature Striking Committee

COMMITTEE DECISION
THAT in accordance with Section 239 of the Municipal Act, S.O. 2001, that the meeting
be closed to the public with the following agenda:

AGENDA
25-04-17-1 personal matters about an identifiable individual, including municipal or
local board employees General Nature Striking Committee

REPORT TO COUNCIL
25-04-17-1 THAT Council hereby instructs the Clerk to amend the Striking Committee
Report to add Natalika Culhane as a member of the Environmental Advisory
Committee.

COUNCIL ACTION
THAT Council hereby instructs the Clerk to amend the Striking Committee Report to
add Natalika Culhane as a member of the Environmental Advisory Committee.
 Physical Environment Committee
Council Report
May 2nd, 2017

COMMUNICATION 128212
Received from Dave Young, Director of Public Works
Addressed to Physical Environment Committee
Date April 25th, 2017
Topic DWQMS 2017 1st Quarter Report

SUMMARY
The distributed report identifies significant activities that have occurred over the
period from January through March 2016. Noteworthy items include:
5 calls by residents concerning water quality (3 visual and 2 Noise/Service
Issues)

COMMENT
For Council's Information

STAFF RECOMMENDATION
Receive and Record

COMMITTEE DECISION
Receive and Record

COMMUNICATION 128213
Received from Paul Knowles, Chief Administrative Officer
Addressed to Physical Environment Committee
Date April 18th, 2017
Topic Solar Lighting

SUMMARY
Staff have been investigating solar lighting that could be installed in certain locations
and have found a solar street light from BDA Lighting Group for $3,500 per light that
may be suitable. The light would be designed to operate for 5 hours after dark and 1
hour before dawn.
 Physical Environment Committee May 2nd, 2017 - Page 2

128213 Continued

STAFF RECOMMENDATION
THAT a sample solar light be purchased from BDA Lighting Group for $3,500 and
installed in the dark area along Stonewater Bay.

COMMITTEE DIRECTION
THAT a sample solar light be purchased from BDA Lighting Group for $3,500 and
installed in the dark area along Stonewater Bay.

COUNCIL ACTION
THAT Council hereby authorizes staff to purchase a sample solar light from BDA
Lighting Group for $3,500.

COMMUNICATION 128214
Received from Phil Hogan, Treasurer
Addressed to Physical Environment Committee
Date April 26th, 2017
Topic By-law to Establish Final Tax Rates for 2017

SUMMARY
Final tax rates, along with approved tax rations, have now been received from the
Ministry of Education and the County of Lanark.

Description 2017 2016 Tax Rate Change

Residential .01217050 .01208800 0.68%
Multi-Residential .02537900 .02534398 0.14%
Commercial .03124439 .03027346 3.21%
Industrial .04087920 .04163574 (1.82)%

COMMENT
For residential we have experienced a real tax increase of 2.1% on the municipal
portion of the taxes. Education rate decreased 4.79% for residential and multi-
residential.

STAFF RECOMMENDATION
THAT By-law be forwarded to Council for approval.

COMMITTEE DECISION
THAT By-law be forwarded to Council for approval.

COUNCIL ACTION
Receive and Record
 Physical Environment Committee May 2nd, 2017 - Page 3

COMMUNICATION 128215
Received from Jen Bitten, Water Inspector, MOECC
Addressed to Dave Young, Director of Public Works
Date April 11th, 2017
Topic 2016 2017 Inspection Report

SUMMARY
Ms. Bitten performed a Drinking Water Inspection on February 16th and 17th, 2017. She
reviewed documents, interviewed both OCWA and Town staff and familiarized herself
with the Town Drinking Water System.

The primary focus of the inspection is to confirm compliance with the Ministry of
Environmental and Climate Change (MOECC) legislation and authorizing documents
such as Drinking Water Licenses, as well as evaluating conformance with Ministry
drinking water related policies and guidelines during the inspection period.

COMMENT
Ms. Bitten found all documentation and actions, undertaken by OCWA and municipal
staff, were in keeping with MOECC policies and guidelines and no further action is
required.

The rating received for this inspection was 100%.

STAFF RECOMMENDATION
THAT Council accept the 2016-2017 Carleton Place Drinking Water Inspection Report.

ALSO THAT the 2016-2017 Drinking Water Inspection Report be made available to the
public via the Towns website.

COMMITTEE DECISION
THAT Council accept the 2016-2017 Carleton Place Drinking Water Inspection Report.

ALSO THAT the 2016-2017 Drinking Water Inspection Report be made available to the
public via the Towns website.

COUNCIL ACTION
THAT Council hereby accepts the 2016-2017 Carleton Place Drinking Water Inspection
Report.

ALSO THAT the 2016-2017 Drinking Water Inspection Report be made available to the
public via the Towns website.
 Physical Environment Committee May 2nd, 2017 - Page 4

COMMUNICATION 128216
Received from Dave Young, Director of Public Works
Addressed to Physical Environment Committee
Date April 2017
Topic Handicap Parking at Legion

SUMMARY
Representative of the Carleton Place Legion have requested that the Town amend
the current Traffic and Parking By-law to increase the handicap parking spaces, in
front of their property, by three. There are currently two spaces in place.

COMMENT
Staff are intending to meet with Legion representatives to confirm details and ensure
appropriate space is available.

STAFF RECOMMENDATION
Providing all parameters can be met, that the Traffic and Parking By-law be
amended to incorporate three new handicap parking spaces across the Legion
property on the north side of George Street.

COMMITTEE DECISION
Providing all parameters can be met, that the Traffic and Parking By-law be
amended to incorporate three new handicap parking spaces across the Legion
property on the north side of George Street.

COUNCIL ACTION
Receive and Record

COMMUNICATION 128217
Received from Dave Young, Director of Public Works
Addressed to Physical Environment Committee
Date April 25th, 2017
Topic Various Quotations

SUMMARY
A number of quotations were received up until Tuesday April 25th, 2017. The results
were as follows:

1. CATCHBASIN CLEANING QUOTATION

HCM Hydro Vac Services $178/hr
Clean Waterworks $140/hr
Drain-All Ltd $220/hr
X-Site $185/hr
 Physical Environment Committee May 2nd, 2017 - Page 5

128217 Continued

2. SUPPLY OF SIGNS AND HARDWARE

BMR $4,180.89
Maximum Signs $4,781.60
Mechanical Advertising $4,859.17 FOB Oshawa
Strada Sign Supply $7,766.47

3. LINE PAINTING QUOTATION

A1 Carp Line Painting $8,579.80
Acculines Not Opened (Received after closing)

COMMENT
All low bidders have worked for the Town previously and have provided satisfactory
service.

STAFF RECOMMENDATION
THAT Council hereby authorizes staff to issue Purchase Orders to Clean Waterworks,
BMR and A1 Carp Line Painting to provide the services bid for the bid price.

COMMITTEE DECISION
THAT Council hereby authorizes staff to issue Purchase Orders to Clean Waterworks,
BMR and A1 Carp Line Painting to provide the services bid for the bid price.

COUNCIL ACTION
THAT Council hereby authorizes staff to issue Purchase Orders to Clean Waterworks,
BMR and A1 Carp Line Painting to provide the services bid for the bid price.

COMMUNICATION 128226

Receive from Jeff Mills

Addressed to Mayor Antonakos
Date May 1st, 2017
Topic Voyageur Route Addition

SUMMARY
The provincial government has announced an investment of $50 million in
cycling infrastructure in 2017-18. Over five years, the province plans to invest up to
$225 million in cycling infrastructure. Ontarios first Cycle tourism plan: Tour by
Bike, also announced in April, has a budget of $30 million. It builds on the work of
the Strategic Framework for Tourism in Ontario and the government's 20-year vision
to encourage the growth of cycling and improve safety for cyclists across the
province. The above infrastructure and promotion money will go toward
building the infrastructure in communities along the MTOs primary Provincial
Cycling Network. Carleton Place has a good chance to be on that route.
 Physical Environment Committee May 2nd, 2017 - Page 6

128226 Continued

COMMENT
Currently, the Environmental Registry shows the Voyageur Route (cycling route) is a
secondary route and the MTOs primary route bypasses Carleton Place and
Mississippi Mills. Carleton Place needs to confirm to the MTO via a letter from
council that The Voyageur Route should align as the primary route (the spine) for
the MTOs provincial cycling network. That the Voyageur Route should not be a
secondary route. Our municipality will benefit from becoming a primary cycling
route, we will attract more tourism, provincial investment

STAFF RECOMMENDATION
THAT Committee review draft letter to MTO regarding provincial cycling network.

COMMITTEE DECISION
THAT Committee review draft letter to MTO regarding provincial cycling network.

COUNCIL ACTION
Receive and Record

COMMUNICATION 128227
Received from CPDMH Foundation
Addressed to Mayor Antonakos
Date May 1st, 2017
Topic Bed Pan Classic Sponsorship

SUMMARY
Hospital Foundation is looking for sponsorship for their golf tournament. The
sponsorship levels are $10,000, $7,500, $5,000, $3,000, $1,500 and $500.

COMMENT
Staff have investigated and the Town has not sponsored this tournament in previous
years, however the Town has provided a basket for their silent auction.

STAFF RECOMMENDATION
THAT Foundation be notified that the Town will be providing a prize for their silent
auction.

COMMITTEE DECISION
THAT the Town of Carleton Place sponsor a hole in the Bed Pan Classic for
$500.00

COUNCIL ACTION
Receive and Record
 Planning and Protection Committee
Council Report
May 2nd, 2017

Deputy-Mayor Flynn made a motion to add an addendum to the Planning

and Protection Committee meeting concerning cancelling the May 9th, 2017
Policy Review Committee.

RECORDED VOTE:
Mayor Antonakos Nay Councillor Black Yea
Deputy-Mayor Flynn Yea Councillor Fritz Yea
Councillor Redmond Yea Councillor Trimble Yea

CARRIED

COMMUNICATION 128218

Received from Joanna Bowes, Manager of Development Services

Addressed to Planning and Protection Committee
Date April 27th, 2017
Topic Development Services - Planning Activity Report

SUMMARY
The distributed monthly activity review for April shows planning matters received
within the department. The report represents only those matters that were
accompanied by a submitted application or pre-consultations with Planning Staff.

COMMENT
For Council's Information

STAFF RECOMMENDATION
Receive and Record

COMMITTEE DECISION
Receive and Record

COUNCIL ACTION
Receive and Record
 Planning and Protection Committee May 2nd, 2017 - Page 2

COMMUNICATION 128219

Received from Joanna Bowes, Manager of Development Services

Addressed to Planning and Protection Committee
Date April 13th, 2017
Topic Part Lot Control for 16-18 Dulmage Crescent, Talos Custom
Homes

SUMMARY
An application for lifting of Part Lot Control has been made by Talos Custom Homes.
The request is proposed in order to legally separate the property at Block 82, Plan
27M-60, municipally known as 16-18 Dulmage Crescent. This semi-detached
dwelling was constructed under building permits 16N057 and 16N058. In order to
create two separate lots, part lot control is required to be lifted. A total of two units will
be created through this process. The lifting of part lot control will be done on a
registered plan of subdivision. The required reference plans have been submitted.

COMMENT
The lands are designated as Residential under the Town of Carleton Place Official
Plan and Development Permit By-law. The proposal is consistent with the Provincial
Policy Statement and meets the intent of the Official Plan and Development Permit.

STAFF RECOMMENDATION
That a By-law regarding this application for lifting of part lot control at 16-18 Dulmage
Crescent by Talos Custom Homes be forwarded to Council for approval and that the
required documents be forwarded to the County of Lanark for approval.

COMMITTEE DECISION
That a By-law regarding this application for lifting of part lot control at 16-18 Dulmage
Crescent by Talos Custom Homes be forwarded to Council for approval and that the
required documents be forwarded to the County of Lanark for approval.

COUNCIL ACTION
Receive and Record
 Planning and Protection Committee May 2nd, 2017 - Page 3

COMMUNICATION 128220
Received from Les Reynolds, Director or Protective Services
Addressed to Planning and Protection Committee
Date April 25th, 2017
Topic OWFC Activity Report

SUMMARY
The March 2017 Activity Report was previously distributed.

COMMENT
For Council's Information

STAFF RECOMMENDATION
Receive and record

COMMITTEE DECISION
Receive and Record

COUNCIL ACTION
Receive and Record

COMMUNICATION 127387
Received from Les Reynolds, Director of Protective Services
Addressed to Planning and Protection Committee
Date October 14th, 2016
Topic Noise By-law (27-2013)

SUMMARY
Staff have recently noticed an increase in noise complaints that could best be
described as neighbourhood issues arising from noises produced from the operation
of residential mechanical systems such as air conditioning units, pool pumps etc.
The noise resulting from such cases is often of a type that some people consider
normal, while others are bothered by it, particularly since this type of noise is often
present on a recurring, long term basis.
 Planning and Protection Committee May 2nd, 2017 - Page 4

127387 Continued

UPDATE February 21st, 2017

As directed, staff have researched practices in other municipalities and have come
to the conclusion that by and large our current by-law is in line with other similar
communities. The major difference, in various by-laws, centres around whether the
criteria for a violation is quantitative (measured by decibel levels) or qualitative
(subject to interpretation by the investigating officer). While most municipalities our
size rely on strictly qualitative enforcement, quantitative measures have been
introduced in some larger municipalities we looked at (Calgary, Ottawa, Brockville).

While staff feel that our existing by-law continues to largely meet our needs, some
practices were identified that would be an improvement:
A number of communities, recognizing the limited resources available for
enforcement, place some onus on the complainant to document the type and
level of unwanted noise over a period of time and advises them to be
prepared to testify in court if required
Municipalities that have recently updated their noise by-laws tend to identify
residential mechanical systems such as air conditioners and pool pumps as
potential sources of unwanted noise. This matches our recent experiences
and should be included in any new by-law
Noise from stationary sources such as air conditioners or pool pumps could
be subject to maximum quantitative levels
Any new by-law should specify that it does not apply to noise heard through a
common wall or floor in multi-unit residences
The definition of noise should be updated

UPDATE April 25th, 2017

Staff have prepared the a draft by-law for the committees review

STAFF RECOMMENDATION
THAT the draft noise by-law be forwarded to Council for approval

COMMITTEE DECISION
THAT the draft noise by-law be forwarded to Council for approval

ALSO THAT application be made to revise set fines to a range of $125.00 to

$250.00 per occurrence.

COUNCIL ACTION
Receive and Record
 Planning and Protection Committee May 2nd, 2017 - Page 5

COMMUNICATION 128221
Received from Duncan Rogers, Clerk
Addressed to Planning and Protection Committee
Date Received April 26th, 2017
Topic Recommended Revision to the Swimming Pool By-law 63-2008

SUMMARY
Brian Gass the Chief Building Official is recommending a revision to By-law No. 63-
2008, the Swimming Pool By-law.

The CBO is recommending the following revision to By-law No. 63-2008.

Section 1.1 Landscaping Pond means any privately owned body of water not used
for swimming or wading, permanently located outdoors on private
property that is capable of containing either in whole or in part, by
natural or artificial means said water that has a depth not exceeding 0.6
meters (2 feet).

COMMENT
To summarize, the intent of the By-law is to permit landscape ponds that can
contain no more than 24 inches of water in the front yard of a home without the need
for a safety fence/barrier.

STAFF RECOMMENDATION
That Section 1.1 of By-law No. 63-2008 be amended to insert the word not
between the words depth and exceeding in the noted definition of a landscaping
pond.

COMMITTEE DECISION
That Section 1.1 of By-law No. 63-2008 be amended to insert the word not
between the words depth and exceeding in the noted definition of a landscaping
pond.

COUNCIL ACTION
Receive and record
 Planning and Protection Committee May 2nd, 2017 - Page 6

COMMUNICATION 128222
Received from Les Reynolds, Director or Protective Services
Addressed to Planning and Protection Committee
Date April 24th, 2017
Topic PTSD Prevention Plan

SUMMARY
On April 5, 2016 the Legislature passed the Supporting Ontarios First Responders Act
which:
1. Creates a presumption that a diagnosis of Post-Traumatic Stress Disorder
(PTSD) in a first responder is work related and expedites access to worker
compensation benefits and treatments.
2. Gives the Minister of Labour the authority to request and publish PTSD
Prevention Plans from employers

The Minister issued a directive requiring employers to submit their plans by April 23,
2017. The fire departments of Lanark County decided to take a co-operative approach
to development of a plan that would serve the entire county. Each municipality would
then submit their plan containing specific reference to their internal policies. A draft
version of the plan was reviewed with the CAOs of the county at their meeting of March
24.

Our plan was submitted to the Minister of Labour along with the plans from the other
municipalities on April 21.

STAFF RECOMMENDATION
THAT Council approve the PTSD Plan

COMMITTEE DECISION
THAT Council approve the PTSD Plan

COUNCIL ACTION
THAT Council hereby approves the PTSD Plan

COMMUNICATION 128223
Received from Les Reynolds, Director or Protective Services
Addressed to Planning and Protection Committee
Date April 6th, 2017
Topic Relay for Life Event

SUMMARY
The organizers of the Relay for Life at CPHS have contacted us about their event which
runs 7pm June 1st to 7 am June 2nd. As in past years the event will be held on the track
and features live music, so they are requesting an exemption from the noise by-law.
They will be advising area neighbours by letter in advance.
 Planning and Protection Committee May 2nd, 2017 - Page 7

128223 Continued

STAFF RECOMMENDATION
THAT pursuant to By-law 17-2005 Sec. 2 Council waives the provisions of the Noise
By-law 04-2005 for the 2017 Relay for Life to be held June 1st 2nd, 2017 at the CPHS
track.

COMMITTEE DECISION
THAT pursuant to By-law 17-2005 Sec. 2 Council waives the provisions of the Noise
By-law 04-2005 for the 2017 Relay for Life to be held June 1st 2nd, 2017 at the CPHS
track.

COUNCIL ACTION
THAT pursuant to By-law 17-2005 Sec. 2 Council waives the provisions of the Noise
By-law 04-2005 for the 2017 Relay for Life to be held June 1st 2nd, 2017 at the CPHS
track.

COMMUNICATION 128228
Received from Deputy-Mayor Flynn
Addressed to Planning and Protection Committee
Date May 2nd, 2017
Topic Cancellation of May 9th, 2017 Policy Review Committee
Meeting.

SUMMARY
Deputy-Mayor Flynn would like the May 9th, 2017 Policy Review Committee
meeting cancelled.

STAFF RECOMMENDATION
To be discussed

COMMITTEE DECISION
THAT the May 9th, 2017 Policy Review Committee meeting be cancelled.

RECORDED VOTE
Mayor Antonakos Nay Councillor Black Yea
Deputy-Mayor Flynn Yea Councillor Fritz Yea
Councillor Redmond Yea Councillor Trimble Yea

CARRIED

COUNCIL ACTION
Receive and Record
 ROBERT J. SWAYZE
BARRISTER & SOLICITOR

CERTIFIED BY THE LAW SOCIETY OF UPPER CANADA AS A SPECIALIST IN

MUNICIPAL LAW - LOCAL GOVERNMENT/LAND USE PLANNING AND DEVELOPMENT

TELE: (519) 942-0070 20736 Mississauga Road

FAX: (519) 942-1233 CALEDON, ONTARIO
E-mail: robert.swayze@sympatico.ca L7K 1M7

REPORT TO THE COUNCIL OF THE TOWN OF CARLETON PLACE

FROM: Robert J. Swayze, Integrity Commissioner

DATE OF REPORT: May 3, 2017

DATE OF MEETING: May 9, 2017

BACKGROUND

I received a complaint on February 23, 2017 from Mr. Volundar Thorbjornsson, (the
Complainant) a land developer in the Town, charging that Mayor Antonakos (the
Respondent) contravened the Council Code of Conduct (Code) from 2012 through
until 2014 when he was a Councillor in the last term of Council. He is alleged to have
voice recorded in camera discussions to do with development activity and proposals
before the Council and played them to groups of people in the development business on
at least 6-8 occasions.

The Code provides in section 4, as follows:

Council members shall keep confidential any information disclosed or

discussed at a meeting of Council, Committee of the Whole or Standing
Committee, or part of a meeting of Council, Committee of the Whole or
Standing Committee, that was closed to the public.. . . .

No member shall disclose or release by any means to any member of the

public, any confidential information acquired by virtue of their office, in
either oral or written form, except when required by law or authorized by
Council to do so.

Nor shall members use confidential information for personal or private gain,
or for the gain of relatives or any person or corporation. As one example, no
member should directly or indirectly benefit, or aid others to benefit, from
knowledge respecting bidding on the sale of Municipal property or assets.
Robert J. Swayze 2 May 3, 2017

This section of the Code has been in force since 2009 and there is no time limitation
prohibiting me from investigating and ruling on complaints about the behaviour of
Councillors in the past.

For the purpose of this investigation, I served the complaint on the Respondent and
received a written response denying that he ever played a tape of an in camera meeting to
any outsider. I decided not to serve the Respondents response on the Complainant
because he improperly made his complaint public before I could complete my
investigation. I also interviewed by telephone and personally, many witnesses including
Councillors, staff and members of the public, most of whom have requested that I not
reveal their identity. Two that I interviewed personally who have consented to having
their identity disclosed, are the complainant and Mr. Paul Dulmage, a former Mayor of
the Town. I have been supplied by the Clerk and reviewed extensively all relevant
minutes of in camera meetings held by Council during the period in question.

The Mayor has refused to be interviewed and advised that he will only communicate with
me in writing.

THE COMPLAINT

The complaint included many accusations that the Mayor acted in a vengeful and
punitive way against the Complainant. The written response received from the Mayor
also included serious charges against the Complainant. I have disregarded all of these
allegations because the Mayor has the right to work against the interests of any developer
in fulfilling his role and I have no jurisdiction to consider charges against a developer. I
have advised both parties that my investigation relates only to whether the Mayor
disclosed confidential information from in camera Council meetings by playing tapes of
such meetings or otherwise.

According to the testimony of the complainant, there was an alliance formed in 2012
between then Councillor Antonakos and the Complainant for political purposes. They
met usually on Wednesday mornings and on other occasions called Steak Nights, to
develop strategies to promote the Respondent as a candidate for Mayor in the 2014
election and to assist the Complainant in developing land in the Town some of which was
owned by the Town. I interviewed four persons in addition to the Respondent and
Complainant, who admitted attending these meetings.

In 2013 when the Mayor was a Councillor, the Town discussed a media release in
camera, for a Major Downtown Development Proposal in two meetings held on April 9th
and April 23rd. The subject lands were owned in part by the Town and by others. In the
proposed media release there was reference to an offer to purchase from the Complainant
in trust, lands owned by the Town on Allan and Beckwith Streets. The Complainant has
advised me that this offer was submitted on behalf of a group of investors including then
Councillor Antonakos. In fact, then Councillor Antonakos declared a conflict regarding
these lands and since the meetings were in camera, he left both meetings and did not
Robert J. Swayze 3 May 3, 2017

participate in the discussions. The Complainant alleges that, before he was part of the
group, the Respondent played a tape of an earlier in camera meeting discussing the
downtown lands which assisted him in preparing the offer. I have been unable to
corroborate this allegation and hereby reject this evidence.

The Complainant described to me two political issues which he believes were discussed
in camera in 2014 and he alleges that then Councillor Antonakos played him tapes to help
strategize political positions to discredit the then serving Mayor, Wendy Leblanc. None
of the other witnesses I interviewed who attended these meetings, corroborated the
playing of in camera tapes to help oppose the then current Mayor and I refuse to accept
this evidence only from the Complainant without corroboration. Except for the alleged
disclosure of confidential information by the Respondent, (which I reject) none of these
meetings were contrary to the law.

The Town was and still is the owner of 16 acres of industrial land on Hooper Street.
Council of the Town met in closed session on May 29th and June 5th of 2012 to discuss an
offer to purchase from the Complainant in trust, for 9.1 acres of the 16 acre parcel. He
was proposing a retail store and other mixed residential and commercial uses contrary to
the Official Plan. In the first meeting, staff recommended that the offer not be accepted
and the Committee direction was to bring the matter forward. In the second meeting the
direction was to not accept the offer but staff were requested to continue to work with the
developer to encourage development that would comply with provision of new Official
Plan.

The Complainant cannot remember which of these two meetings was recorded by the
Respondent but it is his evidence to me, that the respondent played a recording on a
Wednesday morning following one of the in camera meetings and that Mr. Dulmage was
present. In my interview of Mr. Dulmage, he specifically recalled the Respondent
playing the tape relating to the proposal by the Complainant for the purchase of the lands
on Hooper Street. He also could not identify which of the two meetings was taped.

All of the witnesses I interviewed who attended closed sessions with Mr. Antonakos
present, recall on many occasions, his Blackberry device openly displayed on the table.

FINDINGS

In my opinion, playing a tape of an in camera meeting is a disclosure of confidential

information contrary to the Code. In fact, hearing confidential opinions expressed by
members of Council on negotiations with a developer would be invaluable to the
developer carrying on those negotiations.

I believe the evidence of Mr. Dulmage and that of the Complainant, in respect of the
Hooper Street incident and I find that Mr. Antonakos, on one of these two occasions in
2012, contravened the Code by playing a voice tape in the presence of both the
Complainant and Mr. Dulmage, thereby disclosing confidential information from a closed
Robert J. Swayze 4 May 3, 2017

meeting and (from the Code) aiding others to benefit, from knowledge respecting
bidding on the sale of Municipal property or assets.

The evidence establishes that the misconduct occurred either on Wednesday, May 30,
2012 or Wednesday June 6, 2012. The Code was amended to its current version by By-
law 30-2012 enacted on May 29, 2012 and I was appointed Integrity Commissioner by
motion 11-123 passed on the same day.

All of my findings of fact arising from this investigation are done on the basis of a
balance of probabilities standard.

On April 27, 2017 I provided a draft copy of this report to Mayor Antonakos and invited
further submissions to me. I received an E-mail from him on April 28, 2017 which
repeated his denial of ever playing a tape of a closed session meeting to outsiders but
added no specific facts to alter my findings in this report. He then requested another
opportunity to make submissions on May 1, 2017 which I consented to. I received a
lengthy E-mail from him on May 2, 2017 which commented extensively on sections of
my draft report and again denied ever playing any tapes. Neither of his two submissions
alters my conclusion that on a balance of probabilities, he played the tape of the Hooper
Street meeting to the Complainant and Mr. Dulmage.

CONCLUSION

I have taken into consideration that only one of the many claims made by the
Complainant has been established and that the offence occurred almost five years ago.
However, clandestinely recording and playing a tape of a closed session dealing with the
sale of municipal land, for the person bidding on the land, is the most egregious
disclosure of confidential information I have ever encountered in 9 years serving as an
Integrity Commissioner. In my opinion, it should be dealt with severely.

LEGAL CONSIDERATIONS

The Code has purported to delegate to me the power to impose sanctions independently
of Council. Notwithstanding the delegation to me, it would be prudent for Council to
approve my recommendation.

RECOMMENDATION

That Council approve the recommendation of the Integrity Commissioner and direct the
Treasurer that an amount equal to 90 days of the average compensation paid to Mayor
Antonakos as a Councillor during the calendar year 2012, be suspended from his salary
Robert J. Swayze 5 May 3, 2017

as Mayor commencing with the next pay period following this Council meeting.

ALL OF WHICH IS RESPECTFULLY SUBMITTED

__________________________________
Robert J. Swayze
Integrity Commissioner
Town of Carleton Place
 BY-LAW NO. 31-2017
A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE ONE HUNDRED AND TWENTY
EIGHTH COUNCIL OF THE CORPORATION OF THE TOWN OF CARLETON PLACE AT
THE NINTH REGULAR MEETING OF COUNCIL OF MAY 9, 2017

AND WHEREAS Section 5 of the Municipal Act, S.O. 2001, the powers of a municipal
corporation are to be exercised by its Council;

AND WHEREAS it is deemed expedient that the proceeding of the Council of the Corporation
of the Town of Carleton Place at this meeting be confirmed and adopted by by-law;

NOW THEREFORE the Council of the Corporation of the Town of Carleton Place enacts as
follows:

1. THAT the action of the 128TH Council of the Corporation of the Town of Carleton Place
at the NINTH Regular Meeting of Council held on May 9, 2017, in respect of each
motion and resolution passed, and other action taken by the Council of the Corporation
of the Town of Carleton Place at its meeting, is hereby adopted and confirmed as if all
such proceedings were expressly embodied in this By-law.

2. THAT the Mayor and proper officials of the Corporation of the Town of Carleton Place
are hereby authorized and directed to do all things necessary to give effect to the action
of the Council of the Corporation of the Town of Carleton Place referred to in the
preceding section thereof.

3. THAT the Mayor and Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the Seal of the Corporation of the Town of
Carleton Place.

READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY PASSED THIS
9th DAY OF MAY 2017.

Louis Antonakos, Mayor D.H. Rogers, Clerk