The Caledon Record

Council Meeting

May 23, 2023

Who was there

Present (8): Christina Early, A. Groves, Lynn Kiernan, Doug Maskell, Cosimo Napoli, Tony Rosa, Mario Russo, Dave Sheen

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (24 motions)

21 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That Council shall go into Confidential Session under Section 239 of the Municipal Act for the following purposes:  Confidential Staff Report 2023-0347: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Update on the Proposed Official Plan Amendment and Zoning By-law Amendment Applications for CBM Aggregates;  Confidential Staff Report 2023-0332: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Ontario Land Tribunal Appeal regarding 17736 Heart Lake Road, Ward 1;  Confidential Staff Report 2023-0342: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Ontario Land Tribunal Hearing Concerning Caledon Community Partners, Ward 6;  A position, plan, procedure, criteria or instruction to be applied to any negotiations
Moved by Councillor C. Early
Carried
That Council convened in Confidential Session under Section 239 of the Municipal Act for the purpose of Confidential Staff Report 2023-0347: Advice that is subject to solicitor- client privilege, including communications necessary for that purpose - Update on the Proposed Official Plan Amendment and Zoning By-law Amendment Applications for CBM Aggregates; That the Planning Memorandum attached as Schedule ‘A’ to Confidential Staff Report 2023-0347 be made public and further be published on the Town’s website and communicated to the Applicant; That Town staff be directed to proceed in accordance with the process as outlined in the Planning Memorandum attached as Schedule ‘A’ to Confidential Staff Report 2023-0347; That the Chief Administrative Officer be delegated authority to award and sign single source contracts related to retaining expert consultants as outlined in Confidential Staff Report 2023-0347; That the Director of Planning / Chief Planner and Manager, Purchasing and Risk Management be delegated authority to sign all single source contracts with retained consultants; That all single source contracts awarded under this delegated authority be summarized and included in the bi-annual purchasing update; and That staff are authorized to draw from the Operating Contingency Reserve to fund legal costs incurred as set out in Confidential Staff Report 2023-0347. A recorded vote was taken as follows:
Moved by Councillor C. Early
Carried
That Council convened in Confidential Session under Section 239 of the Municipal Act for the purpose of Confidential Staff Report – Confidential Staff Report 2023-0332: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Ontario Land Tribunal Appeal regarding 17736 Heart Lake Road, Ward 1 That for the reasons set out in Confidential Staff Report 2023-0332, staff be directed to oppose the Application at the Ontario Land Tribunal; and Town Council Meeting Minutes Tuesday, May 23, 2023 Page 4 of 15 That Staff be authorized to draw from the Operating Contingency Reserve to fund the costs to be incurred relating to the Appeal as set out in Confidential Staff Report 2023- 0332. A recorded vote was taken as follows:
Moved by Councillor L. Kiernan
Carried
That Council convened in Confidential Session under Section 239 of the Municipal Act for the purpose of Confidential Staff Report 2023-0342: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - Ontario Land Tribunal Hearing Concerning Caledon Community Partners, Ward 6; That for the reasons set out in Schedule A of Confidential Staff Report 2023-0342, staff be directed to attend the Appeal at the Ontario Land Tribunal; That staff be delegated authority to pursue resolution and settle upon terms satisfactory to the Director of Planning and Town Solicitor; and That Staff are authorized to draw from the Operating Contingency Reserve to fund the costs to be incurred relating to the Appeal as set out in Confidential Staff Report 2023- 0342. A recorded vote was taken as follows:
Moved by Councillor L. Kiernan
Carried
That Council convened in Confidential Session under Section 239 of the Municipal Act for the purpose of Confidential Staff Report 2023-0339: Litigation or potential litigation, Town Council Meeting Minutes Tuesday, May 23, 2023 Page 5 of 15 including matters before administrative tribunals, affecting the municipality or local board - Committee of Adjustment Decision regarding 14085 Heart Lake Road, Ward 1; That staff be directed to take all steps necessary including authorizing the Town Solicitor to execute required documentation to pursue the appeal as set out in Confidential Staff Report 2023-0339; That for the reasons set out in Staff Report 2023-0339, staff be directed to attend the Appeal at the Ontario Land Tribunal; and That staff be delegated authority to pursue resolution and settle upon terms satisfactory to the Director of Planning / Chief Planner and Town Solicitor. A recorded vote was taken as follows:
Moved by Councillor L. Kiernan
Carried
That Council convened in Confidential Session under Section 239 of the Municipal Act for the purpose of Confidential Staff Report 2023-0338: Personal matters about an identifiable individual, including municipal or local board employees – Age-Friendly Task Force Vacancy Appointment; and That Karen Campbell be appointed to the Age-Friendly Task Force for the 2022-2026 term of Council. A recorded vote was taken as follows:
Moved by Councillor D. Sheen
Carried
That the April 25, 2023, Town Council Meeting Minutes and the May 2, 2023, Special Town Council Meeting minutes, be approved. A recorded vote was taken as follows:
Moved by Councillor D. Sheen
Carried
That section 8.9.1 of the Procedural By-law be waived to permit Sherry Brioschi and John Rutter to delegate regarding item 10.1 Request to Revoke MZO Ontario Regulation 483-22 Filed on September 9, 2022 for 12245 Torbram Road and item 10.2 Request to Release Documents related to MZO Ontario Regulation 483-22. A recorded vote was taken as follows:
Moved by Councillor T. Rosa
Carried
Whereas on January 17, 2022, the Town's Planning and Development Committee considered a request from Michael Rice, President of the Rice Group, for a Ministerial Zoning Order (MZO) on behalf of Tullamore Industrial GP Limited for the property municipally known as 12245 Torbram Road; Whereas the request was
Moved by Councillor D. Maskell
Referred
That a letter be sent to the Honourable Steve Clark, Minister of Municipal Affairs and Housing, requesting that MZO Ontario Regulation 483-22 filed on September 9, 2022 be revoked based on the letter sent by former Mayor Allan Thompson and the irregularities in the process by which the MZO was issued; and That a copy of this resolution and the letter be provided to Honourable Doug Ford, Premier of Ontario and the Honourable Sylvia Jones, Deputy Premier and MPP for Caledon-Dufferin. Town Council Meeting Minutes Tuesday, May 23, 2023 Page 8 of 15 A recorded vote was taken as follows:
Moved by Councillor D. Maskell
Lost
Whereas without a resolution of support from the Council of the Town of Caledon, on September 9, 2022, the Minister of Municipal Affairs and Housing filed MZO Ontario Regulation 483-22, which applies to lands municipally known as 12245 Torbram Road; Now therefore be it resolved that Town Council initiate a Freedom of Information Request related to documents from July to December 31, 2022 between former Mayor Allan Thompson, Town Staff and the Ministry of Municipal Affairs and Housing regarding the issuance of MZO Ontario Regulation 483-22; Further that such records be released to the public upon request, posted on the Town's website with the planning application for 12245 Torbram Road and included in Town file numbers POPA 2021-0007, 21T-21002C and RZ 2021-0013. A recorded vote was taken as follows:
Moved by Councillor D. Maskell, seconded by Councillor T. Rosa 2023-76
Lost
That paragraph 2 be amended by adding the Honourable Caroline Mulroney, Minister of Transportation. A recorded vote was taken as follows:
Moved by Councillor N. de Boer, seconded by Councillor D. Sheen
Carried
That the May 2, 2023 Planning and Development Committee – Public Meeting Report and the May 3, 2023 General Committee Meeting Workshop Report, be received. A recorded vote was taken as follows:
Moved by Councillor C. Napoli, seconded by Councillor M. Russo 2023-78
Carried
Town Council Meeting Minutes Tuesday, May 23, 2023 Page 10 of 15 That the May 9, 2023 General Committee Meeting Report recommendations regarding the following consent items, be adopted:  Staff Report 2023-0212: 2023 Indigenous Engagement Workplan and Proposed One-year Pilot Program;  Staff Report 2023-0219: Proposed Amendments to the Delegated Authority By-law;  Staff Report 2023-0216: 2023 Property Tax Rates;  Staff Report 2023-0238: Proposed Changes to the 2023 Council and Committee Meeting Schedule and Future Adjustment to the Meeting Schedule;  Accessibility Advisory Committee Meeting Report, dated April 3, 2023;  Notice of Motion – Request for a Lobbyist Registry and Appointent of Lobbyist Registrar; and  Confidential Staff Report 2023-0084: Advice that is subject to solicitor-client privilege, including communications necessary for that purpose – 54, 56, 58 and 60 Strawberry Hill Court Retaining Wall. A recorded vote was taken as follows:
Moved by Councillor T. Rosa, seconded by Councillor C. Early 2023-79
Carried
That the May 9, 2023 General Committee Meeting Report recommendations regarding the following items, be adopted:  Staff Report 2023-0224: Sister City Agreement Update;  Staff Report 2023-0024: Proposed Facility and Park Assets Naming Policy;  Staff Report 2023-0172: Government Relations Update and 2023 AMO Conference Delegation Requests;  Notice of Motion: Request for the Implementation of a Dark Sky By-law;  Correspondence from the Ministry of Municipal Affairs and Housing regarding Provincial Audit of Municipal Finances;  Correspondence from The Township of Archipelago regarding Road Management Action on Invasive Phragmites;  Correspondence from ecoCaledon regarding a Request concerning the Peel District School Board Book Disposal Program;  Correspondence from the City of Stratford regarding Funding and Support for VIA Rail Services;  Correspondence from the Association of Ontario Road Supervisor regarding an Objection to a New Proposed Enbridge Locate Fee;  Presentation Request: Celebration of Eid for Muslims in Caledon;  Presentation Request: Growing Opportunities for Adult Life Skills; and  Staff Report 2023-0309: Strawberry Hill Court Retaining Wall Replacement Project Update. A recorded vote was taken as follows:
Moved by Councillor C. Early
Carried
That the May 9, 2023 General Committee Meeting Report recommendation regarding Correspondence from the Region of Waterloo concerning the Protection of Privacy of Municipal Election Candidates and Donors, be adopted. A recorded vote was taken as follows:
Moved by Councillor D. Sheen
Carried
That the May 16, 2023 Planning and Development Committee Meeting Report recommendations regarding the following consent items, be adopted:  Staff Report 2023-0171: Planning Department Additional Resources Update;  Staff Report 2023-0246: Designated Heritage Property Grant Program – Spring 2023;  Staff Report 2023-0276: Proposed Rogers Communication Telecommunication Facility, 15276 Dixie Road, Ward 1;  Heritage Caledon Committee Meeting Report, dated May 1, 2023;  Staff Report 2023-0289: Notice of Intention to Demolish – Outbuildings - 15719 Shaw's Creek Road, Ward 1;  Staff Report 2023-0279: Recommendation to Remove from Heritage Register - 12540 Chinguacousy Road, Ward 2; and  Staff Report 2023-0265: Notice of Intention to Demolish – Outbuildings - 13373 Innis Lake Road, Ward 3. A recorded vote was taken as follows:
Moved by Councillor M. Russo
Carried
That the May 16, 2023 Planning and Development Committee Report recommendation regarding consent item Staff Report 2023-0277: Proposed Rogers Communication Telecommunication Facility, 15770 Mountainview Road, Ward 3, be adopted. Town Council Meeting Minutes Tuesday, May 23, 2023 Page 12 of 15 A recorded vote was taken as follows:
Moved by Councillor C. Napoli
Carried
That the May 16, 2023 Planning and Development Committee Meeting Report recommendations regarding the following items, be adopted:  Staff Report 2023-0213: Proposed Procedure for Consideration of ‘Ministerial Zoning Order (MZO)’ Requests and ‘Community Infrastructure and Housing Accelerator (CIHA)’ Requests;  Staff Report 2023-0292: Proposed Terms of Reference for the Bolton Secondary Plans Review;  Staff Report 2023-0275: Proposed Zoning By-law Amendment (Temporary Use), Town of Caledon on behalf of the Peel Agricultural Society, 12949 Heart Lake Road, Ward 2;  Staff Report 2023-0189: Proposed Zoning By-law Amendment, Antrix Architects on behalf of 2752324 Ontario Inc., 12476 Highway 50, Ward 5;  Staff Report 2023-0273: Source Water Protection Amendments; and  Correspondence from the City of Brampton regarding Goods Movement Road Network Expansion within the Highway 427 Industrial Secondary Plan Area. A recorded vote was taken as follows:
Moved by Councillor C. Early
Carried
That the Town of Caledon become a registered member of the Dufferin County Multicultural Foundation and sponsor the Multicultural Event by directing staff to carry out the following:  share the Town’s logo to be placed on the website of the Dufferin County Multicultural Foundation with a link to the Town’s website;  share information on the Multicultural Event through the Town’s Social Media channels and on the Town’s website;  include the Dufferin County Multicultural Foundation logo on the Town’s website with a link to the Dufferin County Multicultural Foundation’s website;  proclaim June 27th as Multicultural Day and raise the Unity in Diversity flag on the same day; and  donate $300.00 from the Town of Caledon to the Dufferin Multicultural Foundation. A recorded vote was taken as follows:
Moved by Councillor C. Early
Carried
That the May 16, 2023, Planning and Development Committee Meeting Report recommendation regarding Staff Report 2023-0277: Proposed Rogers Communications Telecommunication Facility, 15770 Mountainview Road, Ward 3, as amended, be reconsidered. A recorded vote was taken as follows:
Moved by Councillor C. Early
Carried
That the May 16, 2023, Planning and Development Committee Meeting Report recommendation regarding Staff Report 2023-0277: Proposed Rogers Communications Telecommunication Facility, 15770 Mountainview Road, Ward 3 be amended by deleting and replacing paragraph 2 with the following: That the proposed Rogers Communication Telecommunication Facility to be located at 15770 Mountainview Road, be issued concurrence subject to the following conditions: 1. The applicant obtain owner’s authorization to relocate the telecommunication facility (including tower and compound) to be approximately 100 metres to the west of the proposal, in the general location as shown on Schedule ‘A’ to the Memorandum to Council from Alex Mior dated May 23, 2023; 2. The applicant prepare and submit a revised Site Layout Design drawing and a revised Site Plan Drawing showing Topography, Grading, Erosion and Sediment Control to reflect the new location of the facility, all to the satisfaction of the Town; 3. The overall structural design of the facility reflect the Revised Site Selection/Justification Report, prepared by Landsquared (on behalf of Rogers Communications Inc.) revised December 30, 2019; 4. The applicant execute a Letter of Undertaking to the satisfaction of the Town and provides payment of all required fees and securities, as applicable. A recorded vote was taken as follows:
Moved by Councillor C. Early
Carried
That the following by-laws be read a first time and passed: BL-2023-044 A by-law to provide for the Levy and Collection of Property Taxes for the 2023 Taxation Year; BL-2023-045 A by-law to amend Procedural By-law 2015-108, as amended, with respect to the proceedings of Council and its Committees; Town Council Meeting Minutes Tuesday, May 23, 2023 Page 15 of 15 BL-2023-046 A by-law to amend By-law 2016-106, as amended, being a By-law to delegate certain powers and duties to officers and employees; BL-2023-047 A by-law to amend By-law 2007-128, as amended, being a by-law to appoint employees of the Town of Caledon to statutory positions; BL-2023-048 A by-law to amend by-law 2023-12, being a by-law to establish 2023 Fees and Charges for services provided by the Corporation of the Town of Caledon; BL-2023-049 A by-law to amend Comprehensive Zoning By-law 2006-50, as amended, with respect to a property municipally known as 12942 Heart Lake Road; and BL-2023-050 A by-law to amend Comprehensive Zoning By-law 2006-50, as amended, with respect to a property municipally known as 12476 Highway 50. A recorded vote was taken as follows:
Moved by Councillor C. Napoli
Carried
That By-law 2023-051 being a by-law to confirm the proceedings of the Council for the Corporation of the Town of Caledon at its Council Meeting held on the 23rd day of May 2023, be read a first time and passed. A recorded vote was taken as follows:
Moved by Councillor T. Rosa
Carried

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