City Council - Special Meeting

That the agenda for the Special Council Meeting of August 5, 2022 be approved as amended to:  Vary the order to deal with Items 16.10 to 16.12 following the delegations;  To withdraw Items 16.7, 16.8 and 19.6;  To add delegation 7.8 from Yvonne Squires, Brampton resident, re. Items 16.1 and 16.10-16.12;  To add delegation 7.9 from Azad Goyat, Brampton resident, re. Items 16.10-16.12;  To add delegation from Don Naylor, Brampton resident, re. Item 7.4, and change the delegation order for Item 7.4 as requested by the delegates

1. That the Minutes of the Special City Council Meeting of May 31, 2022, to the Special Council Meeting of August 5, 2022, be adopted as published and circulated, with the exception of Resolution C168-2022 and Confirming By-law 129A-2022 that were quashed by the Superior Court of Justice - Ontario (Court File No. CV-22-1712-00); and, 2. That Council reaffirm the balance of resolutions passed at the subject meeting. 3. That the Minutes of the Regular City Council Meeting of June 1, 2022, to the Special Council Meeting of August 5, 2022, be adopted as published and circulated. 4. That the Minutes of the Special City Council Meeting of June 7, 2022, to the Special Council Meeting of August 5, 2022, be adopted as published and circulated. A recorded vote was requested, with the results as follows. Yea (10): Mayor Patrick Brown, Regional Councillor Santos, Regional Councillor Vicente, City Councillor Whillans, Regional Councillor Palleschi, City Councillor Bowman, Regional Councillor Medeiros, Regional Councillor Fortini, City Councillor Singh, and Regional Councillor Dhillon

That Council hereby approves the following items and that the various Officials of the Corporation are hereby authorized and directed to take such action as may be necessary to give effect of the recommendations as contained therein: 8.1. That the Government Relations Update for June 15, 2022, to the Special Council Meeting of August 5, 2022, be received; and, 8.2. That the Government Relations Update for July 6, 2022, to the Special Council Meeting of August 5, 2022, be received. 10.2.2. 1. That the report titled: Castlemore Plaza Inc., the owner of 3425 Countryside Drive and 10990 Goreway Drive, requests the City to de- register Lot 16 on Plan M90, save and except Part 10 on Plan 43R-33312 from a plan of subdivision in order to legally merge two parcels of land – Ward 10, to the Special Council Meeting of August 5, 2022, be received; Minutes – City Council – Special Meeting – August 5, 2022 2. That Council enact By-law 141-2022 to deem Lot 16 on Plan M90, save and except Part 10 on Plan 43R-33312 not to be part of a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act; and, 3. That the City provide notice of passage of the by-law as required by subsection 50(29) of the Planning Act. 10.2.3. 1. That the report titled: Brampton Appeal Tribunal Appointment Continuity, to the Special City Council Meeting of August 5, 2022, be received. 2. That the continued appointment of Christopher Banks to the Brampton Appeal Tribunal be authorized until th

That the delegation from Jesse White or Justin McLarty, Legal Counsel, Peel Standard Condominium Corporation No. 1046, re. Item 13.1 – Recommendation PDC075-2022 – 7, 11, and 15 Sun Pac Boulevard – Ward 8 (File OZS-2022-0007), to the Special Council Meeting of August 5, 2022, be received.

That the delegation from Sukhi Baidwan, Brampton resident, re. Item 12.4 – Application to Amend the Zoning By-law and Draft Plan of Subdivision – Gagnon Walker Domes Ltd. – Essense Holdings – 8265 Churchville Road – Ward 4 (OZS-2022-0021), to the Special Council Meeting of August 5, 2022, be received.

That the following delegations re. Item 12.4 – Planning and Development Committee Minutes – June 20, 2022, relating to the following development applications, to the Special Council Meeting of August 5, 2022, be received:  Application to Amend the Official Plan and Zoning By-law – Gagnon Walker Domes Ltd. – Rotary Club of Brampton Glen Community Centre – 1857 Queen Street West – Ward 4 (File OZS-2021-0018)  Application to Amend the Zoning By-law and Official Plan and Proposed Draft Plan of Subdivision – Crystal Homes (Wildflowers) Corporation – MHBC Planning Ltd. – 1626, 1646, 1654 Queen Street West – Ward 5 (File OZS-2020-0029)  Application to Amend the Official Plan, Zoning By-law and Draft Plan of Subdivision – Korsiak Urban Planning – Jim and Luisa Mocon – 1879 Queen Street – Ward 4 (File OZS-2020-0036): 1. John Brennen, Brampton resident (video delegation) 2. Amrik Ahluwalia, Brampton resident 3. Cheryl Roy, Brampton Resident 4. Don Naylor (audio delegation) 5. Anthony Mason, Brampton resident (and presentation)

That the video delegation from Cody Vatcher, re. Item 10.2.1 – Declaration of Vacant Council Office under Section 262(1) of the Municipal Act, 2001, to the Special Council Meeting of August 5, 2022, be received.

That the delegation from Azad Goyat, Brampton resident, re. Item 16.4 – Decision – Superior Court of Justice – Ontario, to the Special Council Meeting of August 5, 2022, be received.

That the delegation from Yvonne Squires, Brampton resident, re. Item 16.10 – Discussion Item at the Request of Mayor Brown re. City Position to Prohibit Payments in Cases of Sexual Harassment Allegations, Item 16.11 – Discussion Item at the Request of Mayor Brown re. City Position to Prohibit Non-Disclosure Agreements (NDAs) Related to Sexual Harassment Allegations, and Item 16.12 – Discussion Item at the Request of Mayor Brown re. City Position to Prohibit Settlements with Victims of Sexual Assault Complaints Without Public Disclosure and Council Approval, to the Special Council Meeting of August 5, 2022, be received.

That the delegation from Azad Goyat, Brampton resident, re. Item 16.10 – Discussion Item at the Request of Mayor Brown re. City Position to Prohibit Payments in Cases of Sexual Harassment Allegations, Item 16.11 – Discussion Item at the Request of Mayor Brown re. City Position to Prohibit Non-Disclosure Agreements (NDAs) Related to Sexual Harassment Allegations, and Item 16.12 – Discussion Item at the Request of Mayor Brown re. City Position to Prohibit Settlements with Victims of Sexual Assault Complaints Without Public Disclosure and Council Approval, to the Special Council Meeting of August 5, 2022, be received.

1. That the Minutes of the Planning and Development Committee Meeting of June 20, 2022, to the Special Council Meeting of August 5, 2022, be received; and, 2. That Recommendations PDC113-2022 to PDC118-2022, PDC120-2022 to PDC121-2022, and PDC124-2022 to PDC131-2022 be approved as outlined in the subject minutes; and 3. That the following recommendations, related to Springbrook, be

Whereas the Province of Ontario has determined Monday October 24, 2022 as the day for Municipal Elections in Ontario Whereas Monday October 24, 2022 is the day that Hindus and Sikhs across the province will be celebrating Diwali and Bandi Chhor Divas, religious holidays of East Indian origin Whereas Brampton has a total population of more than 700, 000 residents Whereas according to the 2016 census, Brampton is comprised of 197, 360 residents of East Indian Origin, including Hindus and Sikhs Minutes – City Council – Special Meeting – August 5, 2022 Whereas there were 313 273 eligible voters in Brampton’s 2018 Municipal Elections Whereas Section 9.1(6) of the Election Act pertaining to the Provincial elections specifies the following: Alternate day (6) If the Chief Electoral Officer is of the opinion that a Thursday that would otherwise be polling day is not suitable for that purpose because it is a day of cultural or religious significance, the Chief Electoral Officer shall choose another day in accordance with subsection (7) and recommend to the Lieutenant Governor in Council that polling day should be that other day, and the Lieutenant Governor in Council may make an order to that effect. 2005, c. 35, s. 1 (3); 2007, c. 15, s. 40 (1). Therefore be it resolved that - the same provision in place for election days that fall on cultural or religious significance at the Provincial level, be applied at the Municipal level - Brampton City Council submit a request to the Provincial

WHEREAS The authority of municipal government in Ontario is established by the Municipal Act, 2001 WHEREAS The Municipal Act, 2001 permits the provincial government to create municipal corporations that are bound by federal and provincial rules WHEREAS The Municipal Act, 2001 sets out rules for Ontario Municipalities and recognizes them as a responsible and accountable level of government WHEREAS The Act gives municipalities broad powers to pass bylaws and govern within their jurisdiction Minutes – City Council – Special Meeting – August 5, 2022 WHEREAS The Act also outlines requirements for municipalities including practices and procedures, accountability and transparency, and finance WHEREAS Members of Council at the City of Brampton are bound to the Municipal Act, 2001 when elected into their roles WHEREAS Council members are bound by policies and procedures as set out by the Municipal Act, 2001 WHEREAS Recent Council decisions have been in contravention of the Municipal Act, 2001, lacking accountability, transparency and a disregard for existing policies and procedures WHEREAS It is the responsibility of elected representatives to maintain the rule of law and correct systemic flaws and avoid repeating mistakes THEREFORE BE IT RESOLVED THAT All Council members take mandatory Municipal Act training at the start of the Council term THAT All Council members take a mandatory Municipal Act training review annually to ensure they are up-to-date on practices, procedures, accounta

Minutes – City Council – Special Meeting – August 5, 2022 That Council proceed into Closed Session to discuss matters pertaining to the following: Item 16.10, 16.11 and 16.12, in relation to open meeting exceptions set out in the Municipal Act, Section 239(2)(e) and (f), following a luncheon recess. A recorded vote was requested, with the results as follows. Yea (7): City Councillor Whillans, Regional Councillor Palleschi, City Councillor Bowman, Regional Councillor Medeiros, Regional Councillor Fortini, City Councillor Singh, and Regional Councillor Dhillon Nay (3): Mayor Patrick Brown, Regional Councillor Santos, and Regional Councillor Vicente

1. That City Council retroactively prohibit payments as of December 1, 2018 for any payments in regards to sexual harassment claims against a member of council and the City, that any such payments must be paid back by the member of council within 30 days; and 2. That Council immediately by 5:00 p.m. August 5th, 2022 release the minutes of settlement document for the Dhillon sexual harassment settlement, Court file number CV 20-00002896-0000.

That the City release the victim "Jane Doe" from the NDA on the Dhillon sexual assault settlement. A recorded vote was requested and the motion

Minutes – City Council – Special Meeting – August 5, 2022 1. That the following by-law before Council at its Special Meeting of August 5, 2022, be given the required number of readings, taken as read, and signed by the Mayor and the City Clerk, and the Corporate Seal affixed thereto: By-law 140A-2022 – To confirm the proceedings of Council at its Special Meeting held on August 5, 2022. 2. Defer the following remaining agenda business to the August 10 Council meeting, except Item 10.2.1: Items 10.2.5, 10.3.2, 10.3.3, 10.3.5, 10.3.6, 12.2, 12.5, 12.6, 13.1, 13.2, 14.1, 14.2, 14.9, 15.1, 15.2, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.9, 16.12, 16.13, 16.14, 16.15, 16.16, 19.3, 19.4, 19.5, 19.10, 19.14, 19.15.

1. That the report titled: Declaration of Vacant Council Office under Section 262(1) of the Municipal Act, 2001, to the Special City Council Meeting of August 5, 2022, be received; 2. That as a result of City Councillor Charmaine Williams being elected to the provincial assembly as a Member of Provincial Parliament on June 2, 2022, and her resignation filed with the Clerk (effective June 8, 2022, at 11:59 pm), Brampton City Council, in accordance with Section 262(1) of the Municipal Act, 2001, declare the office of City Councillor, Wards 7 and 8, to be vacant.

That the following by-law before Council at its Special Meeting of August 5, 2022, be given the required number of readings, taken as read, and signed by the Mayor and the City Clerk, and the Corporate Seal affixed thereto: Minutes – City Council – Special Meeting – August 5, 2022 By-law 140B-2022 – To confirm the proceedings of Council at its Special Meeting held on August 5, 2022.

That Council do now adjourn to meet again for a Special Meeting of Council on Tuesday, August 9, 2022 at 9:30 a.m. or at the call of the Mayor.