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HomeMy WebLinkAboutJuly 26 2021 - Special Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming – arrived at 7:23 p.m. B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K.Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S.Douglas-Murray - Director, Community Services B. Duffield - Director, Operations J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Cassel - City Clerk J. Halsall - Division Head, Finance C. Rose - Chief Planner N. Surti - Manager, Development Review & Urban Design J. Litoborski - Supervisor, Licensing & Enforcement C. Blumenberg - Deputy Clerk C. Celebre - Principal Planner, Strategic Initiatives M. Joblin - Partner, Loopstra Nixon LLP (present for Item 5.1) 1. Roll Call The City Clerk certified that all Members of Council were present, save and exceptCouncillor Cumming, and that all Members present were participating electronically inaccordance with By-law 7771/20. Councillor Cumming joined the meeting at 7:23 p.m. 2. Disclosure of Interest No disclosures of interest were noted. Resolution # 645/21 Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm Moved by Councillor Pickles Seconded by Councillor Brenner That the order of the agenda be changed to move Section 6 ‘Matters for Consideration’ in advance of Section 5 ‘In Camera Matters’. Carried 3. Delegations 3.1 Paul White, PresidentFairport Beach Neighbourhood Association (Inc.1949) Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Paul White, President, Fairport Beach Neighbourhood Association, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. He stated that the Fairport Beach Neighbourhood Association has been monitoring the situation for the past two years with regards to on-street parking, overflow challenges on side streets, and signage. Mr. White stated that the lack of parking restrictions have caused several issues and suggested that the temporary ‘no parking’ signs be made permanent. He stated that the City’s signage indicating that parks are open until midnight encourage people to partake in after-hour activities such as consuming alcohol, setting off fireworks, and littering. He noted that in his research, no other municipalities allow their parks to remain open that late, and suggested changing the hours of operation at City parks to alleviate some of these activities. Mr. White commented that there needs to be clear direction on who to call after-hours, as the after-hours dedicated phone line can have an array of different responses when it comes to enforcement and responding to resident concerns. Mr. White proposed that a permit system for parking, utilizing a private firm for enforcement, and ensuring the fine structure fees are comparable to other municipalities and are expediently approved by the Province would help to address existing parking enforcement challenges. 3.2 Lillian Chan Voss and Richard Voss Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Lillian Chan Voss and Richard Voss, Pickering Residents, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. They noted that they are new residents, and expressed concern for pedestrian safety and traffic congestion due to the influx of parked cars on the weekend. Ms. Voss noted that the ‘no Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm parking’ signs are helpful, with Mr. Voss adding that a large number of parked vehicles on one side of the road reduces visibility and causes other traffic concerns. Ms. Voss noted the influx of parking equates to more people utilizing the Waterfront Trail, and many people are not respecting the trail and suggested limiting the hours of operation and permitted parking. 3.3 Garry Winsor Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Garry Winsor, Fairport Beach Neighbourhood Association, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. Mr. Winsor sought clarification on the criteria of limiting parking to protect the sensitive sand dune area, and expressed support for increasing parking fines. Mr. Winsor suggested adopting a parking fee program, and referenced that in 2017, the Fairport Beach Neighbourhood Association compiled a report outlining a number of issues regarding road safety including installing a walkway on the east side of West Shore Boulevard between Sunrise Avenue and Beachpoint Promenade to minimize unsafe conditions for pedestrians, and sought an update on such efforts. 3.4 Llewellyn Pereira Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Llewellyn Pereira, 709 Victory Drive, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. Mr. Pereira expressed support for the need to reduce parking at the waterfront beach area. He noted that weekend parties and fireworks can continue into the early morning, and the aftereffects are borne by the area residents. Mr. Pereira noted that people are not respecting the area, and echoed the need to reduce the permitted parking and hours of operation at City parks. Mr. Pereira encouraged the use of more robust measures, such as paid parking up-front, and towing illegally parked vehicles. 3.5 Debra Guneyler Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Debra Guneyler, 508 Park Crescent, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. Ms. Guneyler noted that the issues are not new and that she had meetings with the City, Durham Regional Police (DRPS) and the Toronto and Region Conservation Authority (TRCA) in 2013 on the matter. As a result, enforcement was ramped up with bicycle, 4 wheeler and Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm helicopter patrols resulting in over 140 tickets issued in one month. Ms. Guneyler stated that the COVID-19 Pandemic has amplified the issues on the waterfront, and the City’s beach area has become a destination. She spoke to contamination in the water and need for signage on the matter, noting that there are several issues surrounding the City’s waterfront area that need to be addressed in a comprehensive manner in collaboration with DRPS and TRCA. Ms. Gruneyler asked that these concerns be brought to the forefront prior to decisions being made on signage and parking. 3.6 Elio Antunes Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Elio Antunes, 506 Park Crescent, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. Mr. Antunes stated that there was constant traffic congestion, vehicles using private driveways to turn around, and illegal parking in front of fire hydrants and on both sides of the streets. He expressed concerns regarding late night visitors at the waterfront, parking after the 9:00 pm timeline of the Parking By-Law, and the noise and littering that they cause. He thanked the City for increased By-Law enforcement efforts and waste management pick-up but noted more was needed. He stated that visitors coming to the waterfront are there for the day and use on-street parking to avoid the entrance charges to Petticoat Creek. Mr. Antunes asked whether there was parking data to delineate between residents and non-resident users and questioned whether increased parking fines would help to address these issues. He further inquired whether there was any information on the number of unpaid parking fines noting if fines are not being paid, increasing the fines would not be beneficial. Mr. Antunes suggested increasing enforcement after 9:00 pm, eliminating parking on side streets, monitoring the pedestrian entrance to Petticoat Creek to ensure daily use patrons are paying the same daily rate to reduce parking issues on streets, and re-introducing DRPS bicycle patrols. 3.7 Carol McGuffie Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Carol McGuffie, Pickering West Shore Community Association, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. She expressed concerns regarding the lack of well-displayed swimming signs along the waterfront and entrance, implementing the same City park hours of operation for all seasons, and the need for increased safety measures that would allow the public to assist those in distress while waiting for the emergency services to arrive. Ms. McGuffie asked about the temporary and permanent sidewalk and walkway installation on Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm the east side of the West Shore Boulevard, that had been requested back in 2016, and sought clarification on when it would be installed, what materials would be utilized, associated costs, and location details. She further inquired about the widening of West Shore Boulevard for bicycle lane installation and when the construction and repairs would begin and how this would tie into the installation of the sidewalk. 3.8 Danielle Zvezdonkin Re: Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement Danielle Zvezdonkin, Pickering Resident, joined the electronic meeting via audio connection to speak to Report BYL 01-21 Proposed Increases to Parking Fines and Enhanced Parking Enforcement. She stated that there has been a significant increase in parking and traffic concerns in the area. She stated that the removal or lack of temporary parking signage and current traffic detours have caused a significant increase in traffic congestion and that although some issues have been resolved, not all had been. She expressed appreciation for increased By-Law Services enforcement, and suggested a more proactive ticketing approach. She referenced the number of tickets issued over the last month, as indicated in Report BYL 01-21, and stated that the issuance of only 4 tickets was in no way representative to the issues being experienced and that she had several safety concerns. Ms. Zvezdonkin stated the City needs to provide permanent and descriptive signage and markings, and that there are multiple sections of roads at the waterfront that are not appropriate for parking. She encouraged the City to work with the residents and make it clear where parking is permitted. A question and answer period ensued between Members of Council, Richard Holborn, Director, Engineering, and Paul Bigioni, Director, Corporate Services & City Solicitor, regarding: • the road widening of West Shore Boulevard from Bayly Street down toOklahoma Drive, noting that south of Sunrise Avenue there are no sidewalks, and the road is narrower; • examination of options for a pedestrian walkway including demarking anarea for pedestrians on the east side of West Shore Boulevard, as a temporary measure that includes barricades, flexible bollards, and s ignage at an approximate costs of $75,000, with an anticipated installation date of in August 2021; • a recommendation for the 2022 Budget to include a provision for atemporary asphalt sidewalk, on the east side of West Shore Boulevard, to meet the existing grade, at an approximate cost of $200,000, with a future plan to widen the road and incorporate bike lanes at which time apermanent concrete sidewalk would be installed; Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm • the hours of operation for parks, with staff advising that the public consultation on parking en forcement could include information on City park hours of operation as the issue pertains to parking and traffic volumes; • clarity with Petticoat Creek users being prohibited from parking on City streets and the need to us e the parking facilities at Petticoat Creek; • whether the ‘no parking signs’ could include a picture of a tow truck with messaging about tow-away zones; • confirmation that staff have explored municipal parking programs, such as the program at the Town of Ajax, and that the research will form part of the subsequent report to Council in September on t he matter; • whether non-residents could be fined more than residents or whether non-residents could be denied the reduced fine rate for paying early; and, • the comments surrounding after-hours call in procedures for By-Law Enforcement Services, the increase in expanded s ervice levels, and theneed to follow up with the delegate to address any recent issues with theservice. 4. Correspondence 4.1 Corr. 33-21Alexander Harras, Manager of Legislative Services/Deputy Clerk Town of Ajax Re: Support for Autistic Adults Resolution # 646/21 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 33-21, from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, dated June 24, 2021, regarding the Support for Autistic Adults, be endorsed. Carried 4.2 Corr. 34-21 Alexander Harras, Manager of Legislative Services/Deputy Clerk Town of Ajax Re: Vehicle Noisemaker Muffler Systems A brief discussion ensued regarding the timeliness of this matter due to the excessive noise being experienced across the City due to modified vehicles and the request to the Province for legislation to allow for enforcement of these issues under the Highway Traffic Act. Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm Resolution # 647/21 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 34-21, from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, dated June 24, 2021, regarding the Vehicle Noisemaker Muffler Systems, be endorsed. Carried Unanimously on a Recorded Vote 4.3 Corr. 35-21 Nicole Gibson, Executive Director Ajax-Pickering Board of Trade Re: Requests from the Business Community During the Ongoing Pandemic Resolution # 648/21 Moved by Councillor Brenner Seconded by Councillor McLean 1.That Corr. 35-21, from Nicole Gibson, Executive Director, Ajax-Pickering Board of Trade, dated July 12, 2021, regarding the Requests from theBusiness Community During the Ongoing Pandemic, be received; 2.That Pickering City Council supports the concerns raised by the Ajax-Pickering Board of Trade and asks that the Government of Ontario conduct a review of ways to assist struggling small businesses in an effort to savethem from bankruptcy; and, 3.That a copy of this Resolution be forwarded to The Honourable Doug Ford,Premier of Ontario and The Honourable Peter Bethlenfalvy, the Minister of Finance. Carried 4.4 Corr. 36-21 Nicole Gibson, Executive Director Ajax-Pickering Board of Trade Re: Dealing with the impact of the pandemic on SMEs Resolution # 649/21 Moved by Councillor Brenner Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm Seconded by Councillor McLean 1.That Corr. 36-21, from Nicole Gibson, Executive Director, Ajax-Pickering Board of Trade, dated July 12, 2021, regarding the Dealing with the impactof the pandemic on SMEs, be endorsed; and, 2.That a copy of this Resolution be forwarded to The Honourable ChrystiaFreeland, The Honourable Mark Holland, MP, Ajax, Jennifer O’Connell, MP, Pickering-Uxbridge, John Henry, Chair and CEO, RegionalMunicipality of Durham, Shaun Collier, Mayor, Town of Ajax, Perrin Beatty,President, Canadian Chamber of Commerce, Analiese St. Aubin,President, Ajax-Pickering Board of Trade, Nicole Gibson, ExecutiveDirector, Ajax-Pickering Board of Trade, and Joan Wideman, Chair, Ajax- Pickering Board of Trade Government Relations Committee. Carried 6. Matters for Consideration 6.1 Director, Corporate Services & City Solicitor, Report BYL 01-21Proposed Increases to Parking Fines and Enhanced Parking Enforcement A brief question and answer period ensued between Members of Council and Paul Bigioni, Director, Corporate Services & City Solicitor, regarding: •whether the City could legally have a different fine schedule for residentsand non-residents; and, •the number of outstanding parking fines and mechanisms in place torecoup outstanding fines. Resolution # 650/21 Moved by Councillor Brenner Seconded by Councillor Cumming 1.That Report BYL 01-21 regarding proposed increases to City of Pickering parking fines recommended in this report be received; 2.That Council approve the parking fine increases recommended in thisreport, and that staff be directed to seek approval from the Ministry of theAttorney General to these fine increases; and, 3.That appropriate City of Pickering officials be authorized to take the actionsnecessary to implement the recommendations in this report. Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm Carried 6.2 Director, Engineering Services, Report ENG 15-21 Transfer of Whitevale Road – Road Allowance -Brock Road to West of the Sideline 22 Road Allowance A brief discussion ensued between Members of Council and Richard Holborn, Director, Engineering Services, regarding: •Whites Road and Whitevale Road being Regional Roads, and whetherBurkholder Drive and Peter Matthews Drive would become Regional Roadswhen they cross Taunton Road to the north; •whether Peter Matthews Drive would be signalized at Taunton Road andremain a Regional Road once extended to Highway 7 in the future; and, •confirmation that Burkholder Drive will be signalized and would remain alocal City Road. Resolution # 651/21 Moved by Councillor Pickles Seconded by Councillor Butt 1. That the section of road allowance being Part of the Road Allowancebetween Concessions 4 and 5, designated as Part 1, Plan 40M-31418, Part 1, Plan 40M-31419, Part 1, Plan 40M-31420, Part 1, Plan 40M-31421, andPart 1, Plan 40M-31422, known as Whitevale Road, between Brock Road and a point approximately 230m west of the Sideline 22 road allowance, bedeclared surplus to the needs of the City of Pickering and be transferred tothe Regional Municipality of Durham for nominal consideration; 2. That the section of road allowance being Part of the Road Allowance between Lots 22 and 2 3, Concession 5, designated as Part 2, Plan 40M-31421, known as the Sideline 22 road allowance, between Whitevale Roadand a point approximately 27m north of Whitevale Road, be declaredsurplus to the needs of the City of Pickering and be transferred to theRegional Municipality of Durham for nominal consideration; 3. That the section of road allowance being Part of the Road Allowancebetween Lots 20 and 21, Concession 5, designated as Part 3, Plan 40M-31419, known as Sideline 20, between Whitevale Road and a point approximately 22m north of Whitevale Road be declared surplus to the needs of the City of Pickering and be transferred to the Regional Municipality of Durham for nominal consideration; Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm 4. That the section of road allowance being Part of the Road Allowancebetween Lots 20 and 2 1, Concession 4, designated as Part 2, Plan 40M-31419, known as Mulberry Lane, between Whitevale Road and a point approximately 25m south of Whitevale Road, be declared surplus to theneeds of the City of Pickering and be transferred to the Regional Municipality of Durham for nominal consideration; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 6.3 Director, Engineering Services, Report ENG 20-21 Enabling Accessibility Fund Grant Application - Accessible Upgrades to Playground Equipment Brief discussion ensued regarding the timeliness of this matter coming before Council given all the public feedback that had been provided on the need for greater accessibility in parks. Resolution # 652/21 Moved by Councillor McLean Seconded by Councillor Pickles 1.That Council support an application for the Enabling Accessibility FundGrant program to upgrade four existing City playgrounds to meetAccessibility for Ontarians with Disabilities Act, 2005 (AODA) standards; 2. That Council provide pre-2022 Capital Budget approval in the amount of $1,451,264.00 as a total net project cost, to upgrade four existing City playgrounds such that they meet compliance with the AODA standards, and in support of the Enabling Accessibility Fund Grant requirements; 3. That Council authorize the Director, Finance & Treasurer to finance thetotal net project cost of $1,451,264.00 as follows: a) The sum of $507,942.00 to be funded by a transfer from the Parkland Reserve Fund; and, b) The sum of $943,322.00 to be funded from the Enabling Accessibility Fund, federal contribution; Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm 4.That Council authorize the Mayor and City Clerk to execute the fundingagreement for the Enabling Accessibility Fund Grant, should the City ofPickering be successful in obtaining this grant; and, 5.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Carried Unanimously on a Recorded Vote 5.In Camera Matters Resolution # 653/21 Moved by Councillor Butt Seconded by Councillor Cumming That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: c)a proposed or pending acquisition or disposition of land by the municipality or localboard (Item 5.2); e)litigation or potential litigation, including matters before administrative tribunals,affecting the municipality or local board (Item 5.1); and, f)advice that is subject to solicitor-client privilege, including communicationsnecessary for that purpose (Items 5.1 and 5.2). Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 5.1 Verbal Update from the Director, City Development & CBO and Director, Corporate Services & City Solicitor Re: Pickering Harbour Company Ltd. -Appeals to the Ontario Land Tribunal (OLT)Case No. PL200388 -Files: Official Plan Amendment OPA 19-001/P and ZoningBy-law Amendment A 05/19 This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm 5.2 Director, Corporate Services & City Solicitor, Confidential Report LEG 05-21 City of Pickering proposed sale to Brock Zents Developments 2680 Inc. -Parts 3 and 4, Plan 40R-27229, Pickering, being part of PIN 26383-0742 This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution # 654/21 Moved by Councillor Cumming Seconded by Councillor Butt That Council rise to the open session of the Special Meeting of Council and ratify the confidential direction provided to staff for Item 5.1. Carried Unanimously on a Recorded Vote Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council discussed matters related to a verbal update pertaining to litigation or potential litigation, including matters before tribunals, and received advice subject to solicitor-client privilege. Council also discussed a confidential report pertaining to a proposed disposition of land. 5.2 Director, Corporate Services & City Solicitor, Confidential Report LEG 05-21 City of Pickering proposed sale to Brock Zents Developments 2680 Inc. -Parts 3 and 4, Plan 40R-27229, Pickering, being part of PIN 26383-0742 Resolution # 655/21 Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Confidential Report LEG 05-21 of the Director, Corporate Services &City Solicitor be received; 2.That the lands described as Parts 3 and 4, Plan 40R-27229, Pickering,being part of PIN 26383-0742, be declared surplus to the needs of the City; 3.That the Agreement of Purchase and Sale between The Corporation of theCity of Pickering as Vendor and Brock Zents Developments 2680 Inc. as Purchaser, included as Attachment No. 1 hereto, be approved; Special Council Meeting Minutes July 26, 2021 Electronic Meeting 7:00 pm 4.That the Mayor and City Clerk be authorized to execute the said Agreementof Purchase and Sale subject to revisions acceptable to the ChiefAdministrative Officer and the Director, Corporate Services & City Solicitor; and, 5.That appropriate City of Pickering officials be authorized to take the actionsnecessary to implement the recommendations in this report. Carried 7. Confirmation By-law By-law Number 7866/21 Councillor Cumming, seconded by Councillor Pickles moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of July 26, 2021. Carried 8. Adjournment Moved by Councillor Ashe Seconded by Councillor McLean That the meeting be adjourned. Carried The meeting adjourned at 8:45 pm. Dated this 26th of July, 2021. Original Signed By: David Ryan, Mayor Original Signed By: Susan Cassel, City Clerk