The Brantford Record

City Council

June 25, 2019

Who was there

Present (6): Richard Carpenter, Kevin Davis, Greg Martin, Dan McCreary, John Sless, Brian Van Tilborg

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 (20 motions)

20 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

THAT the tax adjustments in the amount of $9,726.77 as detailed in Report 2019-406, under Sections 357, 358, and 359 of the Municipal Act, 2001, BE APPROVED. Recorded vote on Item 5.1: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Sless, seconded by Councillor Martin
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT the following Proclamations BE APPROVED: 7.1 Proclamation - "International Villages Cultural Festival Week" - July 3-6, 2019 7.2 Proclamation - "Posttraumatic Stress Disorder (PTSD) Awareness Day" - June 27, 2019 Recorded vote on Item 7: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Antoski, seconded by Councillor Martin
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT Report 2019-432, Clerk’s Report on Communications for June 2019, BE RECEIVED. Recorded vote on Item 9.1: YES: (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, and Councillor Van Tilborg NO: (1): Councillor Wall
Moved by Councillor Utley, seconded by Councillor Weaver
Carried
In favour (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg · Opposed (1): Councillor Wall
THAT the following Minutes BE ADOPTED: 10.1 City Council - May 28, 2019 10.2 Special City Council - June 4, 2019 10.3 Special City Council - May 28, 2019 10.4 Special City Council - May 21, 2019 10.5 Special City Council - Private and Confidential Minutes - June 4, 2019 10.6 Special City Council - Private and Confidential Minutes - May 28, 2019 10.7 Special City Council - Private and Confidential Minutes - May 21, 2019 THAT the following Minutes BE RECEIVED: 10.8 John Noble Home Committee of Management Minutes - June 12, 2019 10.9 John Noble Home Committee of Management - Private and Confidential Minutes - June 12, 2019 Recorded vote on Item 10 (all Minutes): YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Carpenter, seconded by Councillor Van Tilborg
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT Committee of the Whole – Operations and Administration Report #2019-06-11 BE ADOPTED, as follows: 1. Master Fire Plan Report [Financial Impact - None], 2019- 351 2. 2019 – 2024 Recyclable Contracts - Tender Award [Financial Impact - $784,000 in 2020], 2019-320 3. Brantford and Area Sports Hall of Recognition update [Financial Impact – None], 2019-339 4. Jaycee Park Concession & Building/Storage Space [Financial Impact $600], 2019-314 5. Southwest Sports Complex Project Update [Financial Impact -$3,000,000), 2019-239 6. 2019-2020 Council Priorities, 2019-384 7. Fire - Single Source Request For Computer Aided Dispatch System [Financial Impact - None], 2019-338 8. Review of Fireworks Regulations and Use in the City of Brantford [Financial Impact – None], 2019-307 9. Feasibility of Live Streaming Council, Committee and High Profile Public Meetings [Financial Impact – Not currently budgeted], 2019-346 10. Corporate Energy Management Plan (CEMP) Update 2019-2024 [Financial Impact – None], 2019-364 11. Tutela Heights Road – Traffic Control [Financial Impact: $200], 2019-345 12. Empire Communities Limited – Wyndfield West Phase 6B–Stage 1 Subdivision Agreement [Financial Impact – None], 2019-323 7 13. LIV Developments Ltd. - Brantview Heights Phase 2 Subdivision Agreement [Financial Impact – None], 2019- 388 14. Temporary Road Occupancy for Construction Policy Update (Public Works-016) [Financial Impact – None], 2019-197 15. Lynden Road Dedicating By-law [Financial impact - None
Moved by Councillor Martin, seconded by Councillor Antoski
Carried
9 THAT Item 26 of Committee of the Whole – Operations and Administration Report #2019-06-11 BE AMENDED as follows: a) To add the following recital: WHEREAS the provinces of Ontario and British Columbia are seeking legal recourse against opioid manufacturers and pharmaceutical companies; and b) To add the following as a new Clause 2 and renumber Clause 2 and Clause 3: 2. Advise the Premier of Ontario that the Council of The Corporation of the City of Brantford supports the actions of the Province of Ontario and trusts that any awarded costs make their way to municipalities. Recorded vote on Amendment to Item 26: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor McCreary, seconded by Councillor Carpenter
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT Social Services Committee Report #2019-06-05 BE ADOPTED, as follows: 1. National Housing Strategy – Canada Mortgage and Housing Corporation Initiatives [Financial Impact – none], 2019-162 2. Province of Ontario’s Community Housing Renewal Strategy [Financial Impact: None], 2019-285 3. Canada-Ontario Community Housing Initiative and Ontario Housing Priority Initiative [Financial Impact: None], 2019-352 4. Emergency Shelter System Update and Alternative Funding Solutions for Rosewood House [Financial Impact: Approximately $322,275 in increased bed usage], 2019-340 5. Planned Response to the Provincial Funding Reduction to the Ontario Works Addictions Services Initiative (ASI) Program [Financial Impact: None], 2019-335 Item 4 was separated for discussion purposes given Councillor Martin’s pecuniary interest on this Item. No other Items were separated for discussion purposes. Recorded vote on all Items (Items 1, 2, 3 and 5) of the Social Services Committee Report #2019-06-05 not separated for discussion purposes: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Weaver, seconded by Councillor Wall
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT Committee of the Whole – Community Development Report #2019-06-04B BE ADOPTED, as follows: 1. Zoning By-law Amendment PZ-01-19 and Draft Plan of Subdivision 29T-19501 – Empire Communities Phase 6B (North ofBlackburn Drive and west of Powell Road) [Financial Impact – up to$1,569,085.00], 2019-272 2. Zoning By-law Amendment PZ-18-18 (City-Wide Technical Amendment) [Financial Impact – None], 2019- 185 3. Public Art Reserve Fund Recommendation from Public Art Subcommittee for the Glenhyrst Permanent Collection Public Art Project 4. Mohawk Lake District Plan – Draft Preferred Plan [Financial Impact: None], 2019-265 5. Extension to a Draft Approved Plan of Subdivision 29T- 11504 – 375 Hardy Road (TCA Industrial Lands) [Financial Impact - None], 2019-296 12 6. Demolition Control Application for 104 Alice Street Located Within the Demolition Control Area Established by By-law 141-2017 [Financial Impact – None], 2019-280 7. Museum Funding Agreement with Glenhyrst Art Gallery of Brant [Financial Impact: None], 2019-264 8. Part Lot Control Relief Application PLC-02-19 (Blocks 145-149, Plan 2M-1942) 92-142 Munro Circle [Financial Impact – None], 2019-258 9. Part Lot Control Relief Application PLC-01-2019 (Blocks 91, 92 & 93, Plan 2M-1872 and Part of Block 90, Plan 2M- 1872 and Block 1, Plan 2M-1944, City of Brantford) 77 Diana Avenue [Financial Impact – None], 2019-292 10. Brownfields Community Advisory Committee - Signage to Promote the City of Brantford Brownfield Discovery Tour,
Moved by Councillor Martin, seconded by Councillor Wall
Carried
THAT the Finance Committee Report #2019-06-12B BE ADOPTED, as follows: 1. 2020 Operating Budget Forecast [Financial Impact – None], 2019-382 2. 2020 Budget Guidelines [Financial Impact - None], 2019- 13 3. Subordination of the City of Brantford Interest in Brantford Hydro Inc. (BHI) Promissory Note [Financial Impact – None], 2019-356 4. Provincial Budget Impacts [Financial Impact - Unknown], 2019-369 5. Procurement of Report and Meeting Management Software [Financial Impact – Annual fee of $24,025 which is already included in the Operating Budget], 2019-404 6. Redirection of Board Honoraria to the Airport Reserve No Items were separated for discussion purposes. Recorded vote on all Items (Items 1-6) in Finance Committee Report #2019-06- 12B: YES: (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Martin, seconded by Councillor Carpenter
Carried
In favour (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Van Tilborg, Councillor Wall
THAT the Estimates Committee Report #2019-06-17 BE ADOPTED, as follows: 1. Capital Assets Potentially Eligible for Disposition, 2019- 400 2. Nine-Year Capital Plan Review [Financial Impact – Unknown], 2019-374 3. 2018 Yearend Surplus Report [Financial Impact - $1,634,363 Operating Surplus], 2019-311 Item 2 was separated for discussion purposes. 14 Recorded vote on all Items (Items 1 and 3) of Estimates Committee Report #2019-06-17 not separated for discussion purposes: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Martin, seconded by Councillor Carpenter
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT the Appointments Committee Report #2019-06-25 BE ADOPTED, as follows: 1. Appointment of Council Member to the Southwest Task Force (formerly the Shellard Lane Task Force) 15 2. Appointment of Citizen Members and Liaison Members to various Committees and Advisory Committees No Items were separated for discussion purposes. Recorded vote on all Items (Items 1 and 2) of Appointments Committee Report #2019-06-25: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Sless, seconded by Councillor Martin
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
THAT the Manager of Real Estate BE DELEGATED AUTHORITY to execute the Listing Agreement, and all documents related to the retention of a Licensed Real Estate Agent to list 34 Norman Street. Recorded vote on Item 12.1: YES: (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall NO: (1): Councillor McCreary
Moved by Councillor Sless, seconded by Councillor Martin
Carried
A. THAT the Manager of Real Estate BE DELEGATED AUTHORITY to execute the Listing Agreement, and all documents related to the retention of a Licensed Real Estate Agent to list 166-176 Greenwich Street. B. THAT Staff BE DIRECTED to apply the proceeds of the sale of 166-176 Greenwich Street to augment the 10 Year Capital Plan by placing the proceeds in Capital Funding Envelope Reserve (RF0556). Recorded vote on Item 12.2: YES: (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall NO: (1): Councillor McCreary
Moved by Councillor Sless, seconded by Councillor Martin
Carried
In favour (10): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall · Opposed (1): Councillor McCreary
Motion to Waive the Rules THAT Sections 15.3.11 and 15.11.5 of Chapter 15 of the City of Brantford Municipal Code BE WAIVED in order to introduce the following Resolution without first having been considered by a Committee of the Whole or Standing Committee and without prior Notice of Motion: THAT the Association of Municipalities of Ontario (AMO) and the Premier of Ontario be advised that Brantford City Council 17 ENDORSES the following Resolution adopted by LUMCO (Large Urban Mayors Caucus of Ontario) at its May 24, 2019 Meeting: WHEREAS in April 2017, the Federal Government introduced Bill C-45, The Cannabis Act, and Bill C-46, An Act to Amend the Criminal Code, outlining plans to legalize, regulate and restrict access to cannabis in Canada; and WHEREAS the Province of Ontario responded with corresponding legislation, the Cannabis Control Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017, the Cannabis License Act, 2018, and Bill 36- Cannabis Statue Law Amendment Act, 2018; and, WHEREAS collectively, this legislation created a regulatory regime effective October 17, 2018 that allows Ontario residents who are 19 years of age or older to: 1. Purchase recreational cannabis online through the Ontario Cannabis Store 2. Possess up to 30 grams of cannabis 3. Grow up to four (4) cannabis plants per household 4. Purchase cannabis from a provincially approved private retail supplier as of April 1, 2019; and, WHEREAS municipalities across Ontario were given until January 22
Moved by Mayor Davis, seconded by Councillor Vanderstelt
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall
A. THAT the Association of Municipalities of Ontario (AMO) and the Premier of Ontario be advised that Brantford City Council ENDORSES the following Resolution adopted by LUMCO (Large Urban Mayors Caucus of Ontario) at its May 24, 2019 Meeting: WHEREAS in April 2017, the Federal Government introduced Bill C-45, The Cannabis Act, and Bill C-46, An Act to Amend the Criminal Code, outlining plans to legalize, regulate and restrict access to cannabis in Canada; and WHEREAS the Province of Ontario responded with corresponding legislation, the Cannabis Control Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017, the Cannabis License Act, 2018, and Bill 36- Cannabis Statue Law Amendment Act, 2018; and, WHEREAS collectively, this legislation created a regulatory regime effective October 17, 2018 that allows Ontario residents who are 19 years of age or older to: 1. Purchase recreational cannabis online through the Ontario Cannabis Store 2. Possess up to 30 grams of cannabis 3. Grow up to four (4) cannabis plants per household 4. Purchase cannabis from a provincially approved private retail supplier as of April 1, 2019; and WHEREAS municipalities across Ontario were given until January 22, 2019 to choose if retail cannabis stores will be prohibited within their borders and those that "opted out" may at a later date by resolution of their respective Council, lift the prohibition and permit them in the future; and 20 WHEREAS Ontario Regulation 468/18 permits limited municipal reg
Moved by Mayor Davis, seconded by Councillor Vanderstelt
Carried
THAT Sections 15.3.11 and 15.11.5 of Chapter 15 of the City of Brantford Municipal Code BE WAIVED in order to introduce the following Resolution without first having been considered by a Committee of the Whole or Standing Committee and without prior Notice of Motion: 22 WHEREAS the properties known municipally as 134, 136, 138 Market Street have cultural heritage value or interest, originally row homes of well-known physician Dr. Marquis; and WHEREAS the properties have significant architectural features that make them worthy of protection and designation; and WHEREAS these properties are not currently afforded any protections through designation or otherwise, and there is currently a development scheduled for that area that might result in significant changes or demolition of these buildings; and WHEREAS the Heritage Committee deems the designation of said properties as urgent as it relates to an anticipated planning application; NOW THEREFORE BE IT RESOLVED THAT Staff BE DIRECTED to undertake research and prepare a report to determine whether the properties at 134, 136 and 138 Market Street merit designation under the Ontario Heritage Act. Recorded vote on Motion to Waive the Rules regarding Item 12.4: YES: (7): Councillor Weaver, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall NO: (3): Mayor Davis, Councillor Martin, and Councillor Carpenter
Moved by Councillor McCreary, seconded by Councillor Wall
Carried
In favour (7): Councillor Weaver, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Antoski, Councillor Van Tilborg, Councillor Wall · Opposed (3): Mayor Davis, Councillor Martin, Councillor Carpenter
WHEREAS the properties known municipally as 134, 136, 138 Market Street have cultural heritage value or interest, originally row homes of well-known physician Dr. Marquis; and WHEREAS the properties have significant architectural features that make them worthy of protection and designation; and 23 WHEREAS these properties are not currently afforded any protections through designation or otherwise, and there is currently a development scheduled for that area that might result in significant changes or demolition of these buildings; and WHEREAS the Heritage Committee deems the designation of said properties as urgent as it relates to an anticipated planning application; NOW THEREFORE BE IT RESOLVED THAT Staff BE DIRECTED to undertake research and prepare a report by September 30, 2019 to determine whether the properties at 134, 136 and 138 Market Street merit designation under the Ontario Heritage Act. A friendly amendment was made to the Operative Clause to add “by September 30, 2019”. Recorded vote on Item 12.4, with friendly amendment: YES: (7): Councillor Weaver, Councillor Vanderstelt, Councillor McCreary, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall NO: (4): Mayor Davis, Councillor Utley, Councillor Sless, and Councillor Martin
Moved by Councillor McCreary, seconded by Councillor Wall
Carried
In favour (7): Councillor Weaver, Councillor Vanderstelt, Councillor McCreary, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall · Opposed (4): Mayor Davis, Councillor Utley, Councillor Sless, Councillor Martin
THAT Section 15.10.3 of Chapter 15 of the City of Brantford Municipal Code BE WAIVED in order to extend the meeting ten minutes beyond 10:00 p.m. to complete the agenda. Recorded vote on Motion To Extend The Hour: YES: (8): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall NO: (3): Councillor McCreary, Councillor Martin, and Councillor Carpenter
Moved by Councillor Utley, seconded by Councillor Antoski
Carried
In favour (8): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor Antoski, Councillor Van Tilborg, Councillor Wall · Opposed (3): Councillor McCreary, Councillor Martin, Councillor Carpenter
THAT LEAVE BE GIVEN to the Mover and Seconder to introduce the following By-laws for 1st and 2nd Reading: BY-LAW PREAMBLE 100-2019 By-law to Appoint Brian Hutchings as Chief Administrative Officer, and to amend Chapter 112 of the City of Brantford Municipal Code (Special City Council May 21, 2019) 101-2019 By-law to authorize the execution of AGREEMENTS individually dated and listed on Schedule 'A' attached hereto: 26 1. Subdivision Agreement between the City of Brantford and Empire Communities Limited for the Wynfield West Phase 6B – stage 1 Subdivision (2019-323) (Committee of the Whole – Operations and Administration Report #2019-06-11) 2. Parkland Compensation Agreement between the City of Brantford and Empire Communities from the Cash-in-lieu of Parkland Reserve Fund (Account RF0442) for Phase 6B (2019-272) (Committee of the Whole – Community Development Report #2019-06-04B) 3. Agreement between the City of Brantford and Canada Fibres Ltd. for the Collection of Recyclable Materials (2019-320) (Committee of the Whole – Operations and Administration Report #2019-06-11) 4. Purchasing Agreement between the City of Brantford and Symposium Technologies for Computer Aided Dispatch System (2019-338) (Committee of the Whole – Operations and Administration Report #2019-06-11) 5. Subdivision Agreement between the City of Brantford, Brantford Power, LIV Developments Ltd. and Meridian Credit Union for the Brantview Heights Phase 2 Subdivision (2019-388) (Committee of the Whole – Oper
Moved by Councillor McCreary, seconded by Councillor Carpenter
Carried
THAT By-law 100-2019 through to and including By-law 116-2019 BE TAKEN as read a third time, be finally passed and signed by the Mayor and Clerk. 30 3rd Reading of By-laws 101-2019 – Agreement #2, 102-2019 and 103-2019 were separated for discussion purposes. Recorded vote on 3rd Reading of all By-laws not separated for discussion purposes: YES: (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, and Councillor Wall
Moved by Councillor Wall, seconded by Councillor Antoski
Carried
In favour (11): Mayor Davis, Councillor Weaver, Councillor Vanderstelt, Councillor Utley, Councillor Sless, Councillor McCreary, Councillor Martin, Councillor Carpenter, Councillor Antoski, Councillor Van Tilborg, Councillor Wall

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