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01/02/2015 FIRST MEETING SPECIAL COUNCIL MEETING January 2, 2015 Council met on Friday, January 2, 2015 at 4:00 p.m. for a Special Council meeting. All members of Council were present. BY-LAWS ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that by-law 2015-01 be approved. 2015-01 A by-law to appoint Ken Todd to take on duties of the City Clerk in his absence. Carried Unanimously * * * * * DISCLOSURES OF PECUNIARY INTEREST No Disclosures REPORTS PD-2015-01 - Committee of Adjustment Applications A-2014-028 and A-2014-029 The report is recommended to Council for information purposes. Rick Brady, on behalf of Garlund Properties Inc., the owner of 5855 Garner Road, indicated the variance was to add a nursery use which is considered a less intensive use than the existing industrial uses on the property. The process of obtaining a variance was advised by City staff. The related notification provisions are dictated by the Planning Act. He indicated the medical marijuana operation would initially employ fifty people, with potential of tripling to 150. If there is an issue of any smell from the facility, it can be addressed through the site plan process but the filtering of air to prevent odours is required by Federal regulations, as well. In addition, the existing berm between the industrial property and the nearby subdivision is substantial. Steve Abbruscato, a resident of Fiddlehead Lane, speaking on behalf of the neighbourhood, stressed the neighbours are opposed to this application and do not want to see this in their neighbourhood. He advised that residents were not notified of this application or that it was to be a Medical Marijuana operation. He asked that Council reconsider and deny this application process by appealing to the Ontario Municipal Board. Mr. Abbruscato handed out a signed petition from the neighbours opposing the use. Clark Bitter, is in support of the much needed jobs this facility will create but he suggested Council look into the current state of the law, as the Federal scheme has been appealed to the courts. Philip Lococo, a Buckley Avenue resident, is not opposed to the Medical Marijuana facility but does not feel the former Kimberly Clark property is an appropriate location for such an establishment. Leonardo Mistretta acting as counsel for the client making application to the Kimberly Clark building. He felt Council should deal with the properties separately, as the former Redpath property is closer to a residential subdivision. - 2 - January 2, 2015 Council Minutes Henry Muller, applicant for Redpath property, outlined their application, how it had been vetted through the Planning process, how they were not opposed to indicating the use of the property and the economic benefit to the community. Ed Kowalczyk, a Jake Crescent resident, indicated he was not opposed to Medical Marijuana facilities but was strongly opposed to having one at the Redpath facility location. Christian Bell is in support of the application. He pointed out that local M.P., Rob Nicholson was involved with the Federal scheme. Emily Barry, a Real Estate agent, who lives in the Fernwood neighbourhood, feels that the Medical Marijuana facility in this location will negatively affect the property values of the homes. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that Council appeal the Committee of Adjustment decision related to the former Redpath property. A recorded vote was requested. Councillor Campbell AYE Councillor Pietrangelo AYE Councillor Craitor AYE Councillor Strange AYE Councillor loannoni AYE Councillor Thomson AYE Councillor Kerrio AYE Mayor Diodati AYE Councillor Morocco AYE Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that Council appeal the Committee of Adjustment decision related to the Kimberly Clark property. A recorded vote was requested. Councillor Campbell AYE Councillor Pietrangelo AYE Councillor Craitor AYE Councillor Strange AYE Councillor loannoni AYE Councillor Thomson NAYE Councillor Kerrio AYE Mayor Diodati AYE Councillor Morocco AYE Motion Carried ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that staff report back on options related to zoning for Medicinal Marihuana facilities at the next meeting. A recorded vote was requested. Councillor Campbell AYE Councillor Pietrangelo AYE Councillor Craitor AYE Councillor Strange AYE Councillor loannoni AYE Councillor Thomson AYE Councillor Kerrio AYE Mayor Diodati AYE Councillor Morocco AYE Carried Unanimously * * * * * - 3 - January 2, 2015 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a first reading. Carried Unanimously 2015-02 A by-law to adopt, ratify and confirm the actions of City Council at its special meeting held on the 30th day of April, 2014. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by-laws be given a second and third reading. Carried Unanimously * * * * * ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the special meeting be adjourned at 6:25 p.m. Carried Unanimously * * * * * KEN TODD, ACTING CITY CLERK JAMES M. DIODATI, MAYOR