Agenda item 6. 8

RICHMOND HILL COUNCIL C#06-16

-- NEIWIBP_) 1,401m1111--..,"11.1 Monday, February 22, 2016 7:30 p.m. INCORPORATED 1873 RichmondHill.ca

Council Chambers Richmond Hill Town Hall 225 East Beaver Creek Road Richmond Hill,

Mayor Dave Barrow

MINUTES

A meeting of the Council of the Town of Richmond Hill was held on Monday, February 22, 2016 at 7:30 p.m. in the Council Chambers. There were no members of the public who addressed Council during the Public Forum.

The following Members of Council were present:

Mayor Barrow Regional and Local Councillor Spatafora Regional and Local Councillor Hogg Councillor Muench Councillor Liu Councillor West Councillor Cilevitz Councillor Chan

Regrets: Councillor Beros

The following members of Staff were present:

N. Garbe, Chief Administrative Officer A. Dimilta, Town Solicitor S. Baker, Commissioner of Community Services A. Bassios, Commissioner of Planning and Regulatory Services S. Fick, Acting Commissioner of Environment and Infrastructure Services D. Miller, Commissioner of Corporate and Financial Services A. Alyea, Assistant Town Solicitor M. Gandhi, Director, Communication Services S. Kaplan, Director, Human Resources P. Lee, Director, Policy Planning T. Ricketts, Director, Environment Services G. Taylor, Director, Public Works Operations S. Aiello, Manager, Development - Subdivisions P. Freeman, Manager, Policy J. Wychreschuk, Manager, Water Resources V. Gaiu, Environment Management System Coordinator R. Kent, Waste Management Coordinator L. Chan, Communications Advisor P. Waddell, Micro Computer Analyst G. Collier, Acting Clerk K. Hurley, Acting Deputy Clerk 019 Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 2

COUNCIL ANNOUNCEMENTS

Councillor West advised of his attendance at two events this past weekend at the Richmond Hill Centre for the Performing Arts, "Richmond Hill After Dark" organized by the Youth Action Committee and "Movie Magic" performed by the Richmond Hill Philharmonic Orchestra, noting that both were well attended and great events.

Councillor Cilevitz advised of her attendance along with other members of Council at the Stand Proud York Region Charity Gala on February 19, 2016 organized by PFLAG York Region and acknowledged what a heartwarming experience the event was.

Regional and Local Councillor Hogg advised that she along with Councillor Cilevitz attended a fundraising event for the Sandgate Women's Shelter of York Region at the Richmond Hill Centre for the Performing Arts on February 21, 2016. Councillor Hogg noted that Dr. , MPP, Oak Ridges-Markham, and Maid Jowhari, MP, Richmond Hill, were also in attendance in support of a great cause.

Regional and Local Councillor Spatafora highlighted various events that took place this past weekend including the PFLAG York Region Charity Gala, Hellenic-Canadian Community of York Region Karnavali Dance, Oak Ridges Soccer Club Fundraiser, and Richmond Hill Chinese Seniors Association New Year's Celebration to acknowledge the cultural diversity in Richmond Hill.

INTRODUCTION OF EMERGENCY/TIME SENSITIVE MATTERS

There were no emergency/time sensitive matters raised by Members of Council.

ADOPTION OF AGENDA Moved by: Councillor Cilevitz Seconded by: Councillor Chan

That the agenda be adopted as distributed by the Clerk with the following additions:

a) Correspondence from Keith Blinston, 245 Lakeland Crescent, dated February 21, 2016, regarding the Engineer's Report on Local Improvement Works Road Reconstruction: Lakeland Crescent — (SREIS.16.002) — Agenda Item No. 8.0

b) Correspondence received regarding the Member Motion submitted by Councillor West regarding the Ontario Municipal Board — Agenda Item No. 9.0

c) Correspondence from Toomas Karmo, 42 Gentry Crescent, dated February 22, 2016, regarding the Member Motion submitted by Councillor West regarding the Ontario Municipal Board — Agenda Item No. 10.0

Carried

DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

There were no disclosures of pecuniary interest by Members of Council under the Municipal Conflict of Interest Act.

• 020 Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 3

ADOPTION OF PREVIOUS COUNCIL MINUTES

Council Public Meeting C#01-16

January 20, 2016 Moved by: Councillor Chan Seconded by: Regional and Local Councillor Hogg

That the minutes of Council Public Meeting C#01-16 held on January 20, 2016 be adopted.

Carried

Council Meeting C#04-16

February 9, 2016 Moved by: Regional and Local Councillor Spatafora Seconded by: Councillor West

That the minutes of Council Meeting C#04-16 held on February 9, 2016 be adopted.

Carried

ADOPTION OF REPORTS NOT REQUIRING SEPARATE DISCUSSION Moved by: Regional and Local Councillor Spatafora Seconded by: Councillor Cilevitz

That the following Items be approved and that the various officials of the Corporation be hereby authorized and directed to take such action as may be necessary to give effect to the recommendations contained therein:

1.0 Minutes — Committee of the Whole meeting CW#03-16 held on February 16, 2016

That the minutes of the Committee of the Whole meeting CW#03-16 held on February 16, 2016 be adopted as circulated and the following recommendations be approved:

1.1 Town Comments regarding the Province of Ontario's Cap and Trade Program Design Options Paper November 2015 — (SREIS.16.006) — (Item No. 2)

Rec. 1 a) That SREIS.16.006 regarding the Province of Ontario's Cap and Trade Program Design Options Paper November 2015 and the Town's commenting submission to the Ministry of Environment and Climate Change (MOECC) Cap and Trade Program Design Options Paper (Attachment '1' to SREIS.16.006), be received for information;

b) That SREIS.16.006 regarding the Town's commenting submission related to the Province of Ontario's Cap and Trade Program Design Options Paper November 2015 be endorsed;

(continued)

Confirmatory By-law No. 27-16 0 2 February 22, 2016 C#06-16 Page 4

c) That a copy SREIS.16.006 and the related Council resolution be sent to the MOECC, the Association of Municipalities of Ontario and York Region as part of ongoing input into the Province's climate change strategy.

1.2 2015 Status Report of the Richmond Hill Accessibility Plan — (SRCFS.16.001) — (Item No. 6)

Rec. 2 a) That the 2015 Status Report of the Richmond Hill Accessibility Plan attached as Appendix 'A' to SRCFS.16.001, be approved;

b) That the 2015 Status Report of the Richmond Hill Accessibility Plan be posted on the Town's website as required by the Accessibility for Ontarians with Disabilities Act, 2005.

1.3 Request for Approval — Zoning By-law Amendment and Site Plan Applications — Afarin Maleki Raei and Reza Behroozian — Part of Lot 47, Concession 1, E.Y.S. — 19 Church Street South — File Nos. 002- 14023 and D06-14085 — (SRPRS.16.027) — (Item No. 8) Rec. 3 a) That the Zoning By-law Amendment application submitted by Afarin Maleki Raei and Reza Bahroozian for lands known as Part of Lot 47, Concession 1, E.Y.S. (municipal address: 19 Church Street South), File No. D02-14023, be approved;

b) That the Zoning By-law attached as Appendix 'C' to SRPRS.16.027, be brought forward to a regularly scheduled Council meeting for enactment;

c) That all comments concerning the associated Site Plan application for the lands (File No. D06-14085) be referred back to staff.

1.4 Town Comments regarding the draft legislation Bill 151 - Waste-Free Ontario Act proposed by the Province of Ontario — (SREIS.16.005) — (Item No. 1)

Rec. 4 a) That SREIS.16.005 regarding the draft legislation Bill 151 - Waste- Free Ontario Act proposed by the Province of Ontario and the Town's commenting submission to the Ministry of Environment and Climate Change (MOECC), (Attachment '1' to SREIS.16.005), be received for information;

b) That the Town's commenting submission (Attachment '1' to SREIS.16.005), be endorsed as the Town's official response to the MOECC's Bill 151- Waste Free Ontario Act;

c) That York Region's resolution regarding the legislative framework for waste reduction and recovery (Attachment '2' to SREIS.16.005), be endorsed;

d) That Attachment '1' to SREIS.16.005 be sent to the MOECC, the Association of Municipalities of Ontario (AMO), York Region and Richmond Hill's Member of Provincial Parliament, as part of ongoing input into the Province's Waste Free Ontario Strategy.

Confirmatory By-law No. 27-16 February 22, 2016 C1106-16 Page 5

1.5 Consulting Space Planning Services Single Source to Implement Phase 2 Accommodation Master Space Plan at the Municipal Offices Located at 225 East Beaver Creek Road — (SREIS.16.009) — (Item No. 3)

Rec. 5 a) That the Town's Asset Management Division be authorized to enter into a single source agreement for the provision of space planning consulting services with Bullock Wood Design for an estimated amount of $250,000 (exclusive of HST), for the implementation of Phase 2 of the 225 East Beaver Creek Accommodation Master Space Plan;

b) That the Mayor and the Clerk be authorized to execute the contract upon the written recommendation from the Commissioner of Environment and Infrastructure Services;

c) That the Manager of Procurement be authorized to issue a purchase order not to exceed $250,000 and be authorized to increase and extend the purchase order in accordance with authorities set out in the Financial Control By-law.

1.6 Coroner Inquest into the fatal fire at 72 Howard Avenue, East Gwillimbury, Ontario (the "Fire Inquest) — (SRS.16.05) — (Item No. 5) Rec. 6 That Council delegate authority to the Commissioner of Community Services to provide all instructions to the Town's staff lawyers and outside legal counsel with respect to the Fire Inquest.

1.7 IT Project Resources Roster — (SRCA0.16.02) — (Item No. 7)

Rec. 7 a) That Deloitte Inc. be retained to provide IT project resources on an "add needed basis" pursuant to Request for Supplier Qualifications (RFSQ) 105-15 for the initial term of 5 year(s) and including an option to extend for a period of three, one (1) year optional terms (the "Contract");

b) That the Chief Administrative Officer be authorized to exercise the option(s) in recommendation a);

c) That the Mayor and the Clerk be authorized to execute any necessary documentation to effect the contract and, if exercised, the option(s) to extend the contract, upon the written recommendation of the Commissioner of Corporate Financial Services and/or the Chief Administrative Officer.

1.8 Regional and Local Councillor Spatafora — Member Motion to support the Association of Municipalities of Ontario position to call on the Province to work with local governments on climate change — (Item No. 9) Rec. 8 Whereas Richmond Hill has shown, and continues to show, demonstrated commitment and leadership in addressing climate change through the Town's Environmental Policy and actions identified through its Environment Strategy, Greening the Hill: Our Community, Our Future;

(continued)

Confirmatory By-law No. 27-16 0 23 February 22, 2016 C#06-16 Page 6

Whereas the Town of Richmond Hill has previously provided comments to the Province of Ontario in support of reducing greenhouse gas emissions and requested support for local municipalities and their inhabitants to mitigate and adapt to the effects of climate change while transitioning to a low carbon economy;

Whereas the Province of Ontario continues to develop its Climate Change Strategy and related programs in partnership with other governments and stakeholders at the international, federal, and provincial level;

Whereas the Association of Municipalities of Ontario (AMO) and the Union of Municipalities (UQM) has sent a letter to the Premiers of Ontario and Quebec calling on the Provinces to work with local governments on climate change;

Whereas AMO is encouraging its members to support the call by passing a resolution to the provincial government;

Therefore Be It Resolved that the Town of Richmond Hill request the Honourable , , to enhance support for municipal climate action by working in partnership with local governments to help meet reduction targets, reduce emissions in our communities and improve resilience in local economies and:

• Give municipalities adequate, stable and long-term funding resources to invest in greenhouse gas reduction initiatives in our communities, such as public transit and active transportation, public and private building energy efficiency, water conservation, planning development and other programs; • Recognize municipal projects that reduce greenhouse gases for offset credits in Cap and Trade programs; • Provide dedicated funding for climate change adaptation to help municipalities provide resilient infrastructure to keep our economies and communities functioning and productive; and • Provide tools to help facilitate and transfer knowledge regarding greenhouse gas reduction and climate adaptation projects. And that this resolution be sent to the following:

• The Honourable Kathleen Wynne, Premier of Ontario • The Honourable Glen Murray, Minister of the Environment and Climate Change • The Honourable Ted McMeekin, Minister of Municipal Affairs and Housing • The Honourable , Minister of Economic Development, Employment and Infrastructure • The Honourable , Minister of Finance • The Federation of Canadian Municipalities • The Association of Municipalities of Ontario • The Regional Municipality of York • Clean Air Council

5.0 Supply and Delivery of One (1) Combination Hydro-Vacuum Flusher Truck —(SRCS.16.10)

a) That the contract for the provision of One (1) Combination Hydro-Vacuum Flusher Truck be awarded to Joe Johnson Equipment Inc. pursuant to RFQ-54-15 at an estimated cost of $506,073.00 (exclusive of HST);

(continued)

Confirmatory By-law No. 27-16 024 February 22, 2016 C#06-16 Page 7

b) That the Mayor and the Clerk be authorized to execute any necessary documentation to effect the contract upon the written recommendation of the Commissioner of Community Services.

8.0 Correspondence from Keith Blinston, 245 Lakeland Crescent, dated February 21, 2016, regarding the Engineer's Report on Local Improvement Works Road Reconstruction: Lakeland Crescent — (SREIS.16.002)

That the correspondence from Keith Blinston, 245 Lakeland Crescent, dated February 21, 2016, regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent, be received.

9.0 Correspondence received regarding the Member Motion submitted by Councillor West regarding the Ontario Municipal Board

That the correspondence received regarding the Member Motion submitted by Councillor West regarding the Ontario Municipal Board, be received as follows:

a) Michael & Sonia laizzo, 130 Spruce Avenue, dated February 20, 2016

b) Magda Strzelecka, Richmond Hill resident, dated February 21, 2016

c) Rose Dodgson, 20 Harding Boulevard West, #614, dated February 22, 2016

d) Howard A. Doughty, 10 Cheval Court, dated February 22, 2016

10.0 Correspondence from Toomas Karmo, 42 Gentry Crescent, dated February 22, 2016, regarding the Member Motion submitted by Councillor West regarding the Ontario Municipal Board

That the correspondence from Toomas Karmo, 42 Gentry Crescent, dated February 22, 2016, regarding the Member Motion submitted by Councillor West regarding the Ontario Municipal Board, be received.

That the following By-law be passed:

By-law No. 19-16, A By-law to Assign Names to Certain Private Roads

Carried

PRESENTATION

Nigel Bellchamber, Amberley Gavel Ltd., Integrity Commissioner, introduced Brenda Glover, fellow member of Amberley Gavel Ltd., and reviewed the details of the Integrity Commissioner Report dated January 15, 2016 regarding a Review of a Complaint regarding Councillor Beros. Mr. Bellchamber provided background information including the authority of the Integrity Commissioner, reviewed the investigation, and advised of the conclusion as detailed in the Report included as Agenda Item No. 2.0.

(continued)

0 2 5 Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 8

2.0 Integrity Commissioner Report dated January 15, 2016 — Review of a Complaint Regarding Councillor Beros Moved by: Regional and Local Councillor Spatafora Seconded by: Councillor Cilevitz

That the report from Amberley Gavel Ltd., Integrity Commissioner, dated January 15, 2016, regarding a Review of a Complaint Regarding Councillor Beros, be received.

Carried Unanimously

DELEGATIONS

Janet Mabley, 137 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to review the properties affected by the proposed works. She acknowledged the project changes that have been made by staff to address concerns identified by area residents, noting that there were still outstanding concerns and questions. Ms. Mabley requested that Council consider a re-start to the process.

Charles Reed, 195 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to reiterate his concerns regarding the negative environmental impact the project would have on the area, specifically the lake. Mr. Reed expressed his concerns with the timing of the additional staff report being provided to residents and the challenges in obtaining past staff reports regarding the Lake Wilcox area, and requested that Council consider a re-start to the process.

Julie Doyle, 209 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to express her concerns regarding the impact the project will have on the lake and potential for area flooding. Ms. Doyle indicated that the original mailing sent to residents regarding the project did not include all of the details, specifically relating to sidewalks and drains, and requested that the final plans for the project be mailed out to residents so that an educated decision by all affected could be made regarding the proposed local improvement works.

Steven Doyle, 209 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to share information contained in an old article published about Lake Wilcox, and to display a series of photographs that have been taken over the years to show the changes of the lake and surrounding area prior to and following urbanization. He advised that the photographs demonstrate the negative impact urbanization has had on the neighbourhood.

Marc Lemieux, 199 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to express his concerns with the process that has been undertaken for the proposed project, beginning with the original notice of intention that was mailed to residents. Mr. Lemieux requested that in fairness to all affected by the proposed local improvement works that consideration be given to a re-start to the process.

Mary Silvestri, 199 Lakeland Crescent, was not in attendance.

(continued)

- n2.6 Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 9

Karen lonita, 199 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to advise of her concerns with the project as the urbanization of the street would change the look and feel of the neighbourhood and would potentially cause a decrease in the area property values. Ms. lonita advised that she was in opposition to the proposed project and requested that the final plans for the project and list of those residents permitted to sign the petition be provided. She requested that consideration be given to a re-start to the process.

Scott lonita, 199 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local improvement Works Road Reconstruction for Lakeland Crescent to advise of his concerns with the proposed project as the urbanization of the street would change the look and feel of the neighbourhood, impact the mature trees and contribute to area flooding. Mr. lonita advised that in his opinion, the proposed means for which water would be controlled in the area was not feasible.

Lou Macchiusi, 270 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to advise that he was in support of the urbanization of the area, specifically removing the ditches and installing curbs. Mr. Macchiusi advised that in his opinion, the installation of sidewalks was not required for this particular street. He provided background information of the area and the impact development has had, and reiterated that he was in support of Lakeland Crescent being given a fresh new look.

Maureen Blinston, 245 Lakeland Crescent, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to express her concerns regarding the negative environmental impact the proposed project would have on the area, specifically the quality of the water and health of Lake Wilcox.

Nancy Murray, 17 Launch Gate, addressed Council regarding the Engineer's Report on Local Improvement Works Road Reconstruction for Lakeland Crescent to express her concerns with the process that has been undertaken for the proposed project relating to the signatures permitted on the petition submitted by residents opposed to the project. Ms. Murray requested that in fairness to all affected by the proposed local improvement works that consideration be given to a re-start to the process.

3.0 Follow Up Staff Report to Council regarding Engineer's Report on Lakeland Crescent Road Reconstruction (SREIS.16.002) and Resident Concerns regarding Environmental Impact to Lake Wilcox — (SREIS.16.013) Moved by: Councillor West Seconded by: Councillor Muench

a) That SREIS.16.013 which provides additional background information describing measures that will be incorporated into the design to address environmental concerns raised by resident delegations at the January 18, 2016 Committee of the Whole meeting and the January 25, 2016 Council meeting be received;

b) That the recommendations contained in SREIS.16.002, Engineer's Report, Lakeland Crescent Road Reconstruction, be adopted by Council.

Carried

(continued)

Confirmatory By-law No. 27-16 4 027 February 22, 2016 C#06-16 Page 10

4.0 Engineers Report on Local Improvement Works Road Reconstruction: Lakeland Crescent — (SREIS.16.002) — (By-law No. 3-16) Moved by: Councillor West Seconded by: Councillor Muench

a) That Lakeland Crescent be constructed as a Local Improvement under the provision of Ontario Regulation 586/06, as amended, Local Improvement Charges - Priority Lien Status;

b) That By-law No. 3-16 for the reconstruction of Lakeland Crescent under the Ontario Regulation 586/06, as amended, Local Improvement Charges - Priority Lien Status be enacted. Carried

DELEGATION

Toomas Karmo, 42 Gentry Crescent, addressed Council regarding the Member Motion by Councillor West regarding the Ontario Municipal Board specifically as the proposed motion relates to the David Dunlap Observatory and Park heritage-conservation case, as outlined in his correspondence dated February 22, 2016 included as Agenda Item No. 10.0.

7.0 Councillor West — Ontario Municipal Board Moved by: Councillor West Seconded by: Councillor Cilevitz

Whereas the Town of Richmond Hill has dedicated a good deal of time, and resources, developing an Official Plan that guides and directs the future development of our community and accurately reflects the expectations of the citizens of Richmond Hill; and

Whereas the Town of Richmond Hill also spends a good deal of resources defending the Official Plan and our Zoning By-laws at the Ontario Municipal Board (OMB); and

Whereas the Town's Official Plan is ultimately approved by the Ontario Provincial Government; and

Whereas it is within the legislative purview of Municipal Council to rule on Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the Town of Richmond Hill Official Plan; and

Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the Town of Richmond Hill's Official Plan; and

(continued)

Confirmatory By-law No, 27-16 - 028 February 22, 2016 C#06-16 Page 11

Whereas land use planning decisions may be appealed to the OMB, an unelected, appointed body that is not accountable to the residents of Richmond Hill;

Now therefore be it resolved that Richmond Hill Town Council requests the Government of Ontario thoroughly review the land use appeals process and develop a process for such appeals that recognizes and supports the rights of municipalities to make decisions that adhere to Municipally approved Official Plans, local community needs and aspirations, reflected in those plans; and

Be it further resolved that the regulated timelines before an appeal is possible based on a "failure to make a decision" by the municipality be significantly extended thus ensuring that:

1. Adequate time be given for proper and meaningful negotiations between the Municipality and Applicant with the goal of resolving planning disagreements

2. Applicants are prevented from appealing to the OMB before a thorough negotiation process has been exercised to come to a successful outcome

Be it further resolved that a copy of this Motion be sent to the Honourable Kathleen Wynne, Premier of Ontario; the Honourable Ted McMeekin, Minister of Municipal Affairs and Housing; the Honourable Patrick Brown, Leader of the Progressive Conservative Party; the Honourable Andrea Horwath, Leader of the New Democratic Party; all MPPs in the Province of Ontario; the Regional Municipality of York and all York Region Municipalities; and

Be it further resolved that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

A recorded vote was taken: In Favour: Councillor West, Councillor Cilevitz, Regional and Local Councillor Spatafora, Regional and Local Councillor Hogg, Mayor Barrow, Councillor Chan, Councillor Liu

Opposed: Councillor Muench

Motion Carried 7 to 1

Council recessed and reconvened (10:14 p.m. to 10:23 p.m.)

029 Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 12

SEPARATION OF ISSUES REQUIRING DISCUSSION

6.0 Request for Direction — Zoning By-law Amendment Application — Yvonne W. Warden and The Estate of William H. Worden —1393 Bethesda Sideroad — File No. D02-15030 — (SRPRS.16.046) Moved by: Regional and Local Councillor Spatafora Seconded by: Councillor Cilevitz

a) That the Ontario Municipal Board be advised that Council does not support the Zoning By-law Amendment application submitted by Yvonne W. Warden and William H. Worden for lands known as Part of Lot 5, Concession 2, E.Y.S. (municipal address: 1393 Bethesda Sideroad), File No. D02-15030, for the principal reasons outlined in SRPRS.16.046;

b) That appropriate Town staff and Legal Counsel be directed to appear at the Ontario Municipal Board hearing in support of Council's position concerning the subject application and appeal, and to seek a partial dismissal and the Town's costs of the appeal by way of a preliminary motion. Carried

BYLAW Moved by: Councillor Chan Seconded by: Regional and Local Councillor Spatafora

That By-law No. 3-16, A By-law to Authorize the Reconstruction of Lakeland Crescent to urban standards as a local improvement under the provisions of Ontario Regulation 586/06, as amended — Local Improvement Charges Priority Lien Status made under the Municipal Act, 2001 be passed.

Carried

RESOLUTION TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF Moved by: Councillor Cilevitz Seconded by: Regional and Local Councillor Hogg

That Council move into closed session: (a) to consider matters related to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and related to litigation before the Ontario Superior Court of Justice (Divisional Court) Court File No. 430/15, affecting the municipality, (Section 239(2)(f) and (e) of the Municipal Act, 2001); (b) to consider matters related to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the appeal of the Town's Official Plan (2010) by 1835942 Ontario Inc. presently before the Ontario Municipal Board (Section 239(2)(f) of the Municipal Act, 2001), (c) to consider matters related to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the appeal of the Town's Official Plan (2010) by Bait Developments Limited presently before the Ontario Municipal Board (Section 239(2)(f) of the Municipal Act, 2001); (d) to consider matters related to a proposed or pending acquisition of land by the municipality (Section 239(2)(c) of the Municipal Act, 2001); and (e) to consider matters related to a proposed or pending acquisition of land by the municipality related to a lease agreement (Section 239(2)(c) of the Municipal Act, 2001).

Carried • 030 Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 13

Council moved into closed session and then returned to open session (10:35 p.m. to 12:50 a.m.)

ADOPTION OF RECOMMENDATIONS ARISING FROM CLOSED SESSION

A. Public Statement

In 2014, a Richmond Hill employee filed a sexual harassment and abuse of conduct complaint under the Town's Respect in the Workplace Policy against Ward 1 Councillor Greg Beros. The Town hired an independent external investigator to conduct an investigation, which concluded that, on a balance of probabilities, the Councillor violated the Policy. These findings were presented to Council in July 2015.

The recommendations from that meeting included referring the investigation report to the Integrity Commissioner to determine if Councillor Beros also violated the Council Code of Conduct. The Integrity Commissioner concluded that its investigation could not proceed after the complainant did not respond to requests for an interview. These findings were presented at the Council Meeting on February 22, 2016.

While the Integrity Commissioner was unable to proceed with its independent investigation, the findings of the investigator under the Respect to the Workplace Policy still stand. The Respect in the Workplace Policy and the Council Code of Conduct are two separate policies.

The Respect in the Workplace Policy states that "employees and Members of Council are entitled to work in an environment that is free of any form of harassment, abusive conduct, discrimination or workplace violence."

This is a matter Council takes very seriously. As Members of Council - it is our responsibility to uphold the policies that guide our conduct and protect Richmond Hill employees. Any breach is not acceptable.

B. Proposed OMB Settlement — Richmond Hill Official Plan 1835942 Ontario Inc. (Appellant #46) OMB File PL110189 Moved by: Councillor Muench Seconded by: Regional and Local Councillor Spatafora

a) That the Mayor and Town Clerk be authorized to execute minutes of settlement and such further settlement documentation, as may be required to implement a settlement of the appeal to the Ontario Municipal Board (the "OMB") of the Richmond Hill Official Plan (2010) by 1835942 Ontario Inc. (Appellant #46) (1835942 Ontario Inc.") (OMB Case No. PL110189) (the "Appeal"), upon the recommendation of the Commissioner of Planning and Regulatory Services;

b) That upon 1835942 Ontario Inc. requesting the OMB to issue an Order (the "Board's Order") as follows:

(continued)

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i) Allowing the Appeal in part by approving the modifications to the Richmond Hill Official Plan described in Appendices "2"-"6" to Legal Division Report SRS.16.04 (the "Appendices 2-6 Modifications"); and

ii) Dismissing the balance of the Appeal,

the OMB be advised that the Appendices 2-6 Modifications are supported by the Town and are recommended for approval by the OMB for the reasons set out in Appendix "1" to Legal Division Report SRS.16.04;

c) That appropriate Town staff be directed to appear before the OMB in support of Council's position concerning the settlement of the Appeal;

d) That Town Staff be directed to modify the draft Downtown Local Centre Secondary Plan to reflect the Board's Order; and,

e) That the Legal Division Report SRS.16.04 remains solicitor client privileged and confidential, save for and except Appendices "1"-"6" which shall be made public.

Carried Unanimously

C. Proposed OMB Settlement — Richmond Hill Official Plan Baif Developments Limited (Appellant #26) Section 37 Community Benefits OMB Case No. PL110189 Moved by: Councillor Cilevitz Seconded by: Councillor West

a) That the Ontario Municipal Board (the "Board") be advised that Council endorses the settlement of the Section 37 community benefits with Baif Developments Limited (Appellant #26) as outlined in Appendix "1" to Legal Division Report SRS.16.06 (the "Community Benefits");

b) That appropriate Town staff and legal counsel be directed to advise the Board of Council's position concerning its support for the Community Benefits;

c) That upon the recommendation of the Commissioner of Planning and Regulatory Services, the Mayor and Town Clerk be authorized to enter into any agreements necessary to secure the Community Benefits; and,

d) That the Legal Division Staff Report SRS.16.06 remain solicitor client privileged and confidential, save for and except for Appendix "1" which shall be made public upon the ratification of the settlement of the Community Benefits by Council.

Carried

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D. David Dunlap Observatory Transfer — (SRPRS.16.049) Moved by: Councillor Chan Seconded by: Councillor Cilevitz

a) That a minor amendment to the conditions of draft approval for the Corsica Plan of Subdivision (D-03-1001) be imposed in respect of the Block 464 Elms Lea Block as shown on that draft plan (the "Elms Lea Block"") as may be required to implement a right of first refusal to be granted to the Town, substantially in accordance with Attachment "3" to Planning and Regulatory Services - Policy Division Report SRPRS.16.049;

b) That Council authorize the acquisition of Blocks 463 and 465 as shown on the approved Corsica draft plan of subdivision as a minor amendment to the Corsica draft plan of subdivision (D-03-1001). Without limiting the generality of the foregoing minor amendment, any reference to Block 466 in the approved Corsica draft conditions shall be read as being inclusive of Blocks 463 and 465;

c) That the Mayor and Town Clerk be authorized to execute any and all documents as may be required to implement the right of first refusal for Block 464 - Elms Lea Block, and to lease the David Dunlap Administration Building as a sales office for the Corsica subdivision, upon the recommendation of the Chief Administrative Officer; and

d) That Planning and Regulatory Services - Policy Division Report SRPRS.16.049 shall be made public.

A recorded vote was taken:

In Favour: Mayor Barrow, Councillor Cilevitz, Regional and Local Councillor Spatafora, Councillor Liu, Regional and Local Councillor Hogg, Councillor Chan, Councillor West

Opposed: Councillor Muench

Motion Carried 7 to 1

E. David Dunlap Observatory Negotiations Moved by: Councillor Chan Seconded by: Regional and Local Councillor Spatafora

That the Office of the Chief Administrative Officer be directed to enter into negotiations with the Royal Astronomical Society of Canada ( Centre) regarding the terms of a lease and/or other arrangement for the Observatory Dome and Administration Building on the David Dunlap Observatory lands and report back to Council.

Carried

Confirmatory By-law No. 27-16 February 22, 2016 C#06-16 Page 16 BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL AT THIS MEETING Moved by: Councillor West Seconded by: Regional and Local Councillor Hogg

That By-law No. 27-16, A By-law to confirm the proceedings of Council at this meeting, be passed.

Carried

ADJOURNMENT Moved by: Councillor Chan Seconded by: Councillor Cilevitz

That the meeting be adjourned.

Carried

The meeting was adjourned at 1:01 a.m. on Tuesday, February 23, 2016.

Mayor

Acting Clerk

Confirmatory By-law No. 27-16