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Council
September 19, 2022
What was decided (20 motions)
19 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
Resolved that the September 19, 2022 Council agenda be approved.
Moved by Councillor Freake, seconded by Councillor Dunstall
Carried
Resolved that Council meet in closed session under: Closed Meeting under sections 239(2)(f) advice that is subject to solicitor- client privilege, including communications necessary for that purpose, specifically regarding: • 133-137 Main St East and 141-149 Main St East
Moved by Councillor Freake, seconded by Councillor DiFlavio
Carried
Resolved that Council meet in closed session under: Closed Meeting under sections 239(2)(f) advice that is subject to solicitor- client privilege, including communications necessary for that purpose, specifically regarding: Council September 19, 2022 • 133-137 Main St East and 141-149 Main St East
Moved by Councillor Freake, seconded by Councillor DiFlavio
Carried
Resolved that resolution C-22-149 in respect to Report PA 22-25 be lifted from the September 6, 2022 Council minutes for separate consideration. (Requires 2/3 Majority) RECORDED VOTE requested by Councillor Dunstall Yes: Councillors DiFlavio, Freake, Kadwell, Sharpe, Vardy and Mayor Jordan No: Councillors Dunstall, Ritchie, and Vaine
Moved by Councillor Vardy, seconded by Councillor Sharpe
Carried
Resolved that report PA-22-25 – B02-22 – 328 Main Street West – Consent to Sever Application Town Representation at the Ontario Land Tribunal, dated September 6, 2022, be received; and Council instructs the Town’s legal counsel to reach a settlement with the appellant, accepting the Planning staff recommendation contained within the Planning staff report regarding Consent to Sever Application B02-22 for 328 Main Street West and present such settlement to the Ontario Land Tribunal. RECORDED VOTE requested by Councillor Dunstall Yes: No: Councillors DiFlavio, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vardy, Vaine and Mayor Jordan.
Moved by Councillor Vardy, seconded by Councillor DiFlavio
Defeated
Council retain the Town's legal counsel and a Registered Professional Planner to defend the decision made by the Committee of Adjustment to refuse Consent Application B02-22 for 328 Main Street West at the Ontario Land Tribunal hearing. RECORDED VOTE requested by Councillor Dunstall Yes: Councillors DiFlavio, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vardy, Vaine and Mayor Jordan. No:
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that the Committee of the Whole and Council minutes of September 6, 2022 be approved, as amended.
Moved by Councillor Sharpe, seconded by Councillor DiFlavio
Carried
Resolved that the delegation from Lee Whithley regarding PA 22-37 Ontario Land Tribunal Decisions & Council Directions Report be received.
Moved by Councillor Kadwell, seconded by Councillor Sharpe
Carried
Resolved that the delegation from Philip Van Wassenaer regarding the Tree Condition Assessment at 397 Park Road North be received.
Moved by Councillor Freake, seconded by Councillor DiFlavio
Carried
Resolved that Council hereby approves the following items and that the various consent items be approved on the recommendation as contained therein: • *Report PA 22-36 Bill 109 Implementation Update a) Resolved that report PA-22-36, Bill 109 Implementation Update, be received for information.
Moved by Councillor Ritchie, seconded by Councillor DiFlavio
Carried
Resolved that Report PA-22-26 and PA-22-38 regarding the Site Plan application 26SP16-1711 at 84 Livingston Avenue, Block 1, dated August 2, 2022 be received; That the Site Plan be approved subject to the technical conditions listed in Appendix A of Report PA-22-26; and That the Mayor and Clerk are authorized to sign the development agreement on the Town’s behalf. RECORDED VOTE requested by Councillor Dunstall Yes: Councillors Dunstall, Kadwell, Ritchie, Sharpe, and Vaine. No: Councillors DiFlavio, Freake, Vardy, and Mayor Jordan
Moved by Councillor Ritchie, seconded by Councillor DiFlavio
Carried
Resolved that Report DPW-22-25 Tree Condition Assessment – 397 Park Rd N dated September 6, 2022 be received for information RECORDED VOTE requested by Councillor Dunstall Yes: Councillors DiFlavio, Dunstall, Freake, Kadwell, Ritchie, Sharpe, Vardy, Vaine and Mayor Jordan. No:
Moved by Councillor Freake, seconded by Councillor Vardy
Carried
Resolved that Staff be directed to come back to Council with an update on the next steps prior to removal of the tree. RECORDED VOTE requested by Councillor Dunstall Yes: Councillors DiFlavio, Dunstall, Freake, Kadwell, Sharpe, Vardy and Mayor Jordan. No: Councillors Ritchie and Vaine
Moved by Councillor Freake, seconded by Councillor Vardy
Carried
Resolved that report PA-22-37, dated September 19, 2022, regarding Ontario Land Tribunal Decision & Council Direction Report, be received; and That Council complete the directions provided by the Ontario Land Tribunal for the municipal properties at 8-10 Ontario Street, 104 Main Street East, 141 Main Street East and 147 Main Street East by passing the designation by-laws.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that the correspondence under Administration and Finance pertaining to the Flag Raising Request be received; and That Council approved the request.
Moved by Councillor Vardy, seconded by Councillor Freake
Carried
Resolved that leave be given to introduce By-laws 22-71 to 22-75 inclusive, and that the same be read a first time.
Moved by Councillor Freake, seconded by Councillor DiFlavio
Carried
Resolved that leave be given to introduce By-laws 22-71 to 22-75 inclusive read a first time be now read a second and third time and finally passed and that the Mayor and Town Clerk do sign and seal the same; and rule Council to contrary notwithstanding.
Moved by Councillor Dunstall, seconded by Councillor Kadwell
Carried
Resolved that the update provided in closed session in regards to 133- 137 Main Street E and 141-149 Main Street E be received; and Council September 19, 2022 That staff and legal counsel proceed with the direction provided in closed session. RECORDED VOTE requested by Councillor Dunstall Yes: Councillors DiFlavio, Dunstall, Freake, Kadwell, Sharpe, Vardy and Mayor Jordan. No: Councillors Ritchie and Vaine
Moved by Councillor Freake, seconded by Councillor DiFlavio
Carried
Resolved that leave be given to introduce By-law 22-76 and that the same be read a first time.
Moved by Councillor Sharpe, seconded by Councillor Freake
Carried
Resolved that leave be given to introduce By-law 22-76 read a first time be now read a second and third time and finally passed and that Mayor and Town Clerk do sign and seal the same; and rule Council to contrary notwithstanding.
Moved by Councillor Sharpe, seconded by Councillor Freake