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HomeMy WebLinkAboutJuly 27, 2020City 6h PICKE RiNG Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm Due to COVID-19 and the Premier's Emergency Orders to limit gatherings and maintain physical distancing, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by accessing the livestream. A recording of the meeting will also be available on the City's website following the meeting. 6:00 pm In Camera Council Page 1. Roll Call 2. Invocation Deputy Mayor Ashe will call the meeting to order and lead Council in the saying of the Invocation. 3. Disclosure of Interest 4. Adoption of Minutes In Camera Council Minutes, June 29, 2020 Provided Under Separate Cover Council Minutes, June 29, 2020 1 Executive Committee Minutes, July 13, 2020 40 Planning & Development Committee Minutes, July 13, 2020 44 5. Presentations 6. Delegations Due to COVID-19 and the Premier's Emergency Orders to limit gatherings and maintain physical distancing, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickerinq.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City's website as part of the meeting minutes. 6.1 Juliette Young, Kimberly Martin, Paulette Senior, and Dianne Barham Break the Chains Pickering Re: Anti -Black Racism 6.2 Paul White, President Fairport Beach Neighbourhood Association Re: Corr. 36-20 After Hours Response for By-law Enforcement 6.3 John Currie Executive Director, Honouring Indigenous Peoples (HIP) Re: Corr. 32-20 Jake Farr, Mental Health Counsellor/Psychotherapist Authentic Self Counselling Services Request for By -Law change - Indigenous Land Acknowledgment 7. Correspondence 7.1 Corr. 31-20 The Honourable Mark Holland, Member of Parliament, Ajax Jennifer O'Connell, Member of Parliament, Pickering -Uxbridge Ryan Turnbull, Member of Parliament, Whitby Re: Region's Federal Funding Priorities Recommendation: That Corr. 31-20, dated June 25, 2020, from The Honourable Mark Holland, Jennifer O'Connell, and Ryan Turnbull, regarding the Region's Federal Funding Priorities, be endorsed. 7.2 Corr. 32-20 Jake Farr, Mental Health Counsellor/Psychotherapist Authentic Self Counselling Services Re: Request for By -Law change - Indigenous Land Acknowledgment 59 63 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm Recommendation: 1. That Corr. 32-20, dated July 7, 2020, from Jake Farr, regarding the Request for By -Law change - Indigenous Land Acknowledgment, be received; and, 2. Staff be directed to amend the Council Procedural By-law to include the Indigenous Land Acknowledgment consistent with the wording as adopted by the Pickering Public Library Board of Directors and same be read upon the commencement of each Meeting of Council effective the September 28th Council Meeting. 7.3 Corr. 33-20 Ralph Walton, Regional Clerk/Director of Legislative Services Regional Municipality of Durham Re: Reconvening the Body -Worn Camera (BWC) Team Recommendation: That Corr. 33-20, dated July 7, 2020, from the Regional Municipality of Durham, regarding Reconvening the Body -Worn Camera (BWC) Team, be endorsed. 7.4 Corr. 34-20 John Henry, Regional Chair & CEO Regional Municipality of Durham Re: Brock West Landfill, City of Pickering, Regional Municipality of Durham Recommendation: That Corr. 34-20, dated June 8, 2020, from the Regional Municipality of Durham, regarding Brock West Landfill, City of Pickering, Regional Municipality of Durham, be received for information. 7.5 Corr. 35-20 Marisa Carpino, Interim Chief Administrative Officer City of Pickering Re: Anti -Black Racism Strategy - Summary 65 68 69 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm Recommendation: 1. That Council support in principle the 3 pronged approach as presented by the Interim CAO; 2. That the Cultural Advisory Committee be instructed to amend their 2020 Work Plan to include the initiatives that have been committed to by the Interim CAO including measuring; and, 3. That the Pickering Anti -Racism Taskforce be requested to provide Quarterly updates to Council on the status of their work in the area of Anti -Racism, Diversity and Inclusion with a tracking of their targeted outcomes. 7.6 Corr. 36-20 Paul White, President Fairport Beach Neighbourhood Association Re: After Hours Response for By-law Enforcement Recommendation: Council Direction Required. 7.7 Corr. 37-20 Ira T. Kagan Kagan Shastri LLP Re: Landowner Opposition to MZO Request for North East Pickering — Veraine Recommendation: That Corr. 37-20, dated July 22, 2020, from Ira T. Kagan, Kagan Shastri LLP, regarding Landowner Opposition to MZO Request for North East Pickering — Veraine, be received for information. 8. Report EC 2020-04 of the Executive Committee held on July 13, 2020 71 72 Refer to Executive Committee Agenda pages: 8.1 (Acting) Director, Community Services, Report CS 06-20 1 Community Safety and Well -Being Plan For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm - Update Report CS 06-20 was referred back to staff at the July 13, 2020 Executive Committee meeting. 8.2 Director, Finance & Treasurer, Report FIN 09-20 4 Development Charge Interest Policy Recommendation: 1. That Report FIN 09-20 of the Director, Finance & Treasurer be received; 2. That the "Development Charge Interest Policy", attached as Appendix 1, be adopted by Council; and, 3. That the appropriate City of Pickering (City) officials be authorized to take the necessary actions as indicated in this report. 9. Report PD 2020-04 of the Planning & Development Committee held on July 13, 2020 Refer to Planning & Development Agenda pages: 9.1 Director, City Development & CBO, Report PLN 12-20 The Municipal Comprehensive Review of the Durham Regional Official Plan: - Transportation System Discussion Paper, October 2019 Recommendation: 1. Beyond the "In Delivery" and "In Development" transit projects, City staff identifies the following transit projects that would assist in attracting transit riders and transit supportive development: a) the establishment of the Whites Road Priority Bus, extending from the Pickering GO Station along Bayly Street to Whites Road to Highway 7 (and providing connections to lands in Seaton designated high density residential and Community Node, and to lands in the Seaton Innovation Corridor); 25 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm b) the implementation of light rail transit along Kingston Road; and c) the extension of GO rail service to Seaton. 2. Staff recommends that the Region only designate Regional Corridors adjacent to the arterial road corridors that are part of the High Frequency Transit Network; 3. Staff recommends that Transit Oriented Development policies and guidelines for Strategic Growth Areas (SGA) be tailored to the planned level of transit service, providing there is sufficient flexibility at the area municipal level to respect the local context of the specific SGA; 4. Staff supports the development of strategic and transportation - related policies in furtherance of Transit Oriented Development in Major Transit Station Areas, similar to those currently applied to Regional Centres; 5. Staff advises that a key issue that needs to be addressed to increase ridership from transit -supportive development is to allow closer traffic signal spacing to facilitate pedestrian crossings; 6. Staff supports the designation of additional Transit Hubs in the Regional Official Plan, corresponding with designated or future Urban Growth Centres, Regional Centres, or Major Transit Station Area, and providing there is sufficient flexibility at the area municipal level to respect the local context of the specific location; 7. Staff advises that when assessing new development, and reconstructing or building new public roads, new Regional Official Plan policies that would better support planning for all road users include: a) policies indicating that a "complete street" includes the provision of sidewalks/multi use paths, boulevard planting and street lighting, and that it is a Regional responsibility to provide the pedestrian/cycling, planting and street lighting components of a complete street on Regional roads; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm b) policies allowing closer entrance and intersection spacing along arterials; and, c) policies allowing closer traffic signal spacing along arterials to assist pedestrian crossings, and in keeping with transit - supportive development; 8. Staff advises that the Regional Official Plan could recognize or plan for enhanced trail connections through areas such as hydro corridors, by including: a) an informational map in the Regional Official Plan showing existing cycling and pedestrian trail networks, identifying gaps and opportunities; and, b) a policy encouraging stakeholders (such as the area municipalities, conservation authorities, cycling and trail associations and committees, etc.) to collaborate with the Region to pursue new cycling/trail connections. 9. Staff supports incorporating into the Regional Official Plan future right-of-way width requirements for specific segments of arterial roads, particularly those sections within or adjacent to Strategic Growth Areas, as this may assist with development application review and Class Environmental Assessments (Class EA); 10. Staff advise that it is appropriate that the Regional Official Plan address using an integrated Class EA and Planning Act process in new growth areas to optimize the alignment and design of arterial roads as the combined processes would allow for a comprehensive evaluation, reduce duplication in meeting Provincial requirements, and expedite development; 11. With regards to the Region continuing its support for carpooling, staff recommends the Region: a) play a larger role in the provision of purpose-built commuter lots beyond the Small Urban and Rural Carpool Lot Program to implement commuter lots along major arterial roads and highways; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm b) continue its role engaging with area municipalities and businesses to promote carpooling programs in key destinations that provide connectivity to transit and active transportation networks both within and between municipalities in the GTHA; and, c) seek the use of more social media tools and real-time information to facilitate user participation and parking availability to enhance the effectiveness of carpool programs; 12. Staff identifies that the potential implications of emerging technologies on the Region's transportation system may include: a) opportunities to adapt existing infrastructure to improve mobility options, such as taking away a vehicular lane and reallocating it for cyclist and pedestrians; b) continued transformation and impacts to industry, labour, and consumer behaviour, and the resulting changes in travel patterns; c) increased demand for secure, reliable and widespread broadband infrastructure across the Region so that the many technologies (such as on -demand travel options for Uber or Lyft, car and bike sharing, etc.) are available to all; d) reduced individual auto use and ownership, and decreased share of transit users as users take advantage of the increase in fast, flexible, and convenient mobility options; e) an increasing need for well connected and integrated physical transportation infrastructure so that users can easily transfer between transportation services and modes; and, f) increased disparity between lower and higher income communities, as many of the emerging technologies may be more expensive than traditional public transportation (since they require the use of a smart phone and internet connection). For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 13. Staff recommends that, in addition to supporting the Regional economic role of the ports, the Regional Official Plan also include a policy about the importance of maintaining the safety, security, and environmental protection of these waterfront employment lands to ensure the long-term use of the lands and future expansions or redevelopment, as necessary; 14. Staff recommends that supporting the Strategic Goods Movement while preserving a complete streets approach include design standards that not only best manage the movement of goods (e.g., implementing street elements for loading and deliveries, traffic calming, off -hour delivery programs), but also supports Durham Vision Zero to mitigate pedestrian/cyclist and freight conflicts; 15. Staff suggests the Region consider introducing an electric mobility strategy in relation to infrastructure, land use, and goods movement strategies as part of the Transportation System; 16.The Region is requested to assist Pickering in: a) working with VIA Rail and Metrolinx to implement high frequency service on the CPR Havelock rail line; and, b) identifying the appropriate location for a VIA Rail station along the CPR Havelock rail line within, or in proximity, to the Federal Pickering Lands as part of the transportation system component of Envision Durham. 17.The Region is requested to support Pickering's interest in establishing a VIA Rail stop at the Pickering GO Station to help increase higher order transit connections to and from the Region. 9.2 Director, City Development & CBO, Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Recommendation: 46 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 1. That Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19, submitted by Pickering Harbour Company Ltd. to facilitate the development of a mixed-use development consisting of two 15 -storey condominium apartment buildings located on lands municipally known as 591 Liverpool Road be refused; and, 2. That if the applications are appealed to the Local Planning Appeal Tribunal, that Council authorizes City staff, its outside legal counsel and outside experts in the fields of planning, transportation, environmental, urban design and other specialties, as may be required, to present and defend Council's position on Official Plan Amendment Application OPA 19 001/P and Zoning By-law Amendment Application A 05/19, submitted by Pickering Harbour Company Ltd. 10. Reports — New and Unfinished Business 10.1 Director, Corporate Services & City Solicitor, Report CLK 01-20 Status Update - Ward Boundary Review - Adoption of Revised Terms of Reference Recommendation: 1. That Report CLK 01-20 regarding a Status Update on the City of Pickering Ward Boundary Review and adoption of a Revised Terms of Reference be received; 2. That the Revised Terms of Reference, appended as Attachment #1 to CLK 01-20, be approved; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.2 Director, Corporate Services & City Solicitor, Report CLK 02-20 Electronic Participation for Council and Committee Meetings - Amendments to the Municipal Act, Bill 197 Recommendation: 74 84 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 1. That Report CLK 02-20 regarding Electronic Participation for Council and Committee Meetings, Amendments to the Municipal Act, Bill 197, be received; 2. That the draft By-law included as Attachment #1 to CLK 02-20 be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.3 Director, Engineering Services, Report ENG 06-20 Altona Bridge Replacement - Tender No. T2020-14 Recommendation: 1. That Tender No. T2020-14 for Altona Bridge Replacement as submitted by GMP Contracting Ltd. in the total tendered amount of $1,288,824.86 (HST included) be accepted; 2. That Council award the contract administration and construction inspection to Greer Galloway Group Inc. in accordance with the Purchasing Policy 10.03 (c) in the amount of $80,795.00 (HST extra) for Tender No. T2020-14 Altona Bridge Replacement; 3. That the total gross project cost of $1,666,672.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $1,500,890.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $1,500,890.00 as follows: a) The sum of $611,530.00 as approved in the 2018 Roads Capital Budget to be increased to $616,668.00 from the Ontario Community Infrastructure Fund; 2018 and unspent 2017 allocation; b) That the 2018 Roads Capital Budget approved source of funds for the Altona Bridge Replacement project to be 92 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cts DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm revised from 20 -year debt to the Ontario Community Infrastructure Fund, 2019 allocation; and, c) The sum of $488,470.00 as approved in the 2018 Roads Capital Budget to be revised to $884,222.00 to be funded from the Ontario Community Infrastructure Fund, 2019 allocation. 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.4 Director, Finance & Treasurer, Report FIN 10-20 2020 Final Property Tax Due Date for Commercial, Industrial, and Multi - Residential Realty Tax Classes Recommendation: 1. That Report FIN 10-20 of the Director, Finance & Treasurer be received; 2. That the Director, Finance & Treasurer be authorized to issue the final 2020 Property Tax Bills for Commercial, Industrial and Multi - Residential properties with a due date of October 28, 2020; 3. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the draft By-law attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.5 Fire Chief, Report FIR 01-20 Supply and Delivery of One Aerial Ladder Truck - Quotation No. Q2020-4 Recommendation: 103 109 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 1. That RFQ No. Q2020-4 submitted by Safetek for the supply and delivery of one aerial ladder truck in the amount of $1,534,030.94 (HST included) be accepted; 2. That the total gross project cost of $1,677,500.00 (HST included) and the total net project cost of $1,510,641.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $1,510,641.00 as follows: a) The sum of $1,473,128.00, as provided for in the 2019 Fire Services Capital Budget be funded by a transfer from the Development Charges — Protection Services Reserve Fund; and b) The sum of $37,513.00, as provided for in the 2019 Fire Services Capital Budget be funded by a transfer from the Seaton Landowners Group FIA Reserve Fund. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.6 Director, Corporate Services & City Solicitor, Report LEG 04-20 115 Right of Entry By-law Recommendation: 1. That Report LEG 04-20 regarding the attached Right of Entry By- law be received; 2. That Corporate Services staff be directed work with Corporate Communications staff to conduct a public consultation, including posting on social media, to seek public and stakeholder input regarding the attached Right of Entry By-law; 3. That the attached Right of Entry By-law be presented to Council at its October meeting together with the results of the public consultation; and, For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 10.7 Director, Corporate Services & City Solicitor, Report LEG 05-20 129 Nuisance By-law Recommendation: 1. That the draft Nuisance By-law, included as Attachment 1, providing restrictions regarding littering, public urination, spitting, the draining of swimming pools, and fixture vandalism within the City of Pickering, be enacted; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11. Motions and Notice of Motions 11.1 Wearing of Masks in Enclosed Public Spaces Moved by Councillor Mclean Seconded by Councillor Brenner WHEREAS, in March 2020 the World Health Organization declared a worldwide pandemic regarding the 2019 Novel Coronavirus Disease ("COVID-19"); And Whereas, in March 2020 the Province of Ontario and the City of Pickering declared an emergency pursuant to the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9 related to COVID-19; And Whereas, sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to respond to municipal issues, including matters relating to the health, safety and well-being of persons, as the municipality considers necessary or desirable for the public; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm And Whereas, on June 30, 2020 the Premier of the Province of Ontario endorsed a local approach to the establishment of regulations mandating the wearing of non-medical masks in Ontario; And Whereas, effective July 10, 2020, instructions were issued by Durham Region's Medical Officer of Health under the authority of Ontario Regulation 262/20 -Stage 2 Closures s4(2) of the provincial Emergency Management and Civil Protection Act (EMCPA); And Whereas, these instructions are tied to the Provincial Emergency Order and will be lifted once the Provincial Emergency Orders are over; And Whereas, the Council of the Corporation of the City of Pickering wishes to enhance the protection of its residents, reduce the spread and adverse impacts of COVID-19 within the City, and support the City and Province in moving toward the next phase of Provincial re -opening Phase 3 and the lifting of the Provincial Emergency Order; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: 1. That City staff prepare a draft by-law requiring persons or organizations that own or are responsible for the operation of a facility or business to have a policy to ensure non-medical masks or face covering are worn by the public in enclosed public spaces, subject to appropriate exemptions and requirements as recommended by the Medical Officer of Health, including exemptions for persons unable to wear a mask or face covering for medical reasons, children under the age of two years old and such other reasonable accommodations; 2. That such by-law be enacted only upon the expiration of the Durham Region Medical Officer of Health's instructions for a temporary period of time expiring at 12:01 a.m. on October 1, 2020, unless extended by Council; and, 3. That in an effort to achieve a consistent approach Durham wide that a copy of the by-law be forwarded to all Durham Regional Municipalities requesting that they pass a similar by-law to reduce the risk and spread of COVID-19 within the Region. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 11.2 Construction Noise Moved by Councillor Brenner Seconded by Councillor Butt WHEREAS, the Province of Ontario enacted legislation under Section 451.1 of the Municipal Act, 2001, S.O. 2001, c. 25, removing all powers for a municipality to prohibit and regulate with respect to noise caused by any construction; And Whereas, the City of Pickering understands the need for construction projects and services in a municipality associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for healthcare space, to be completed in a timely manner by permitting such construction without any time limits; And Whereas, the Province further enabled any other construction activity in a municipality to take place between the hours of 6:00 am and 10:00 pm, seven days a week; And Whereas, by removing the ability of a municipality to regulate construction noise when it impacts established residential communities, residents rights to reasonable enjoyment of their property have been breached, including young children and persons that are being disturbed and impacting their ability to sleep; And Whereas, the City of Pickering Noise By-law regulates activities prohibited by time, including the operation of construction equipment from 7:00 am to 7:00 pm on Sundays and statutory holidays; Now Therefore be it resolved that the Council of The Corporation of the City of Pickering request that the Legislation be amended to exclude residential construction where it is part of an existing neighbourhood, enabling municipalities to enforce its own noise by-laws; And that a copy of this resolution be forwarded to the Premier of Ontario, all Durham MPPs and the Region of Durham. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 11.3 Property Tax Rebates - Heritage Properties Moved by Councillor Brenner Seconded by Councillor Butt WHEREAS, a heritage property tax rebate may be applied to designated properties and properties located in a designated heritage district; And Whereas, there are 17 properties within the City that are individually designated under Part IV of the Ontario Heritage Act (OHA); And Whereas, there are 77 properties in Whitevale that are designated within its Heritage Conservation District under Part V of the OHA and, 24 of these are without historical or architectural importance, but are legally designated; Now Therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Directs staff to develop a Heritage Property Tax Rebate Program in discussion with the Heritage Pickering Advisory Committee, and a report and corresponding By-law be brought back to Council before the December 14, 2020 last Council meeting of this year; and, 2. That the Pickering Heritage Property Tax Rebate Program be developed with the following guiding principles: a. The program has a start date of January 1, 2021, with a Heritage Property Tax Rebate amount established at 20 percent; b. Only residential properties (or the portion of the property classified as residential), designated under Part IV or Part V of the Ontario Heritage Act, are eligible for the rebate; c. Any property receiving a Heritage Property Tax Rebate requires the property owner to enter into a Heritage Conservation Agreement (HCA) with the City of Pickering respecting preservation and maintenance of the property; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cty oh DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm d. The HCA will be permanently registered on title and the agreement will permit City staff on an annual basis to conduct either an exterior or interior inspection of the property at a mutually agreeable date and time; e. To receive a Heritage Property Tax Rebate, there must be no un -paid property taxes, or other monies owed to the City of Pickering; and, f. The Heritage Property Tax Rebate shall be repaid in full by the owner for every year there is non-compliance with the HCA. 11.4 Strengthening Land Use Policies and Guidelines for the Waterfront/Nautical Village Moved by Councillor McLean Seconded by Councillor Brenner WHEREAS, in 1997, the City of Pickering adopted the Waterfront 2001 Interim Report Task Force on the Pickering Waterfront; And Whereas, the Task Force Report provided a foundation for the development of a vision for the Nautical Village, and Council adopted the Liverpool Road Waterfront Node Development Guidelines in 2002, requiring building forms and public space to be of high quality design with a Great Lakes Nautical Village theme; And Whereas, the Planning Act in conjunction with the policies in the Pickering Official Plan have guided all the land uses within the Nautical Village to evolve into a vibrant waterfront destination point with an emphasis on marine uses; And Whereas, the City of Pickering has undertaken an Infill and Replacement Housing in the Established Neighbourhoods Study, that recognizes the importance of community character and its preservation where infill construction takes place in mature communities, and that is intended to conclude by year end 2020; Now Therefore be it resolved that The Corporation of the City of Pickering under the leadership of the City Development Department be directed to: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca City 6h DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 1. Undertake a review of the Nautical Village and related policies and guidelines in an effort to strengthen and enhance the vision of the Task Force; 2. Prepare a work plan, inclusive of a community engagement strategy, for Council's consideration before the end of the Fall 2020; and, 3. That Staff report back to Council on the implementation of an Interim Control By-law in order to preserve the integrity of the study process. 12. By-laws 12.1 By-law 7771/20 88 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. [Refer to Item 10.2 CLK 02-20] 12.2 By-law 7772/20 107 Being a By-law to Establish the 2020 Final Property Tax Due Date for the Commercial, Industrial and Multi -Residential Realty Tax Classes. [Refer to Item 10.4 FIN 10-20] 12.3 By-law 7773/20 131 Being a by-law to prohibit and regulate public nuisances within the City of Pickering. [Refer to Item 10.7 LEG 05-20] 12.4 By-law 7774/20 136 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 13. Confidential Council — Public Report For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Cts og DICKERING Council Meeting Agenda July 27, 2020 Electronic Meeting 7:00 pm 14. Other Business 15. Confirmation By-law 16. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Present: Deputy Mayor Kevin Ashe Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Absent: Mayor David Ryan Also Present: M. Carpino K. Bentley P. Bigioni B. Duffield J. Eddy J. Flowers J. Hagg R. Holborn F. Jadoon S. Karwowski S. Cassel C. Rose K. Thompson T. Ryce L. Harker 1. Roll Call - Interim Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - (Acting) Director, Community Services - Director, Human Resources - CEO & Director of Libraries, Pickering Public Library - Fire Chief - Director, Engineering Services - Director, Economic Development & Strategic Projects - Director, Finance & Treasurer - City Clerk - Chief Planner - Manager, By-law Enforcement Services - Supervisor, Cultural Services - Deputy Clerk The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7749/20, with the exception of Mayor Ryan who was absent due to illness. 2. Invocation Deputy Mayor Ashe called the meeting to order and led Council in the saying of the Invocation. - 1 - eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 3. Disclosure of Interest No disclosures of interest were noted. 4. Adoption of Minutes Resolution # 331/20 Moved by Councillor Pickles Seconded by Councillor Cumming Special Council Minutes, April 20, 2020 Council Minutes, May 25, 2020 Special Council Minutes, May 28, 2020 Executive Committee Minutes, June 15, 2020 Planning & Development Committee Minutes, June 15, 2020 Carried 5. Presentations There were no presentations. 6. Delegations 6.1 Yvonne Bouwhuis Re: Corr. 24-20 Safety of Pickering Residents Yvonne Bouwhuis, a Pickering resident, joined the electronic meeting via audio connection to express concerns with the current opportunities for black citizens to feel safe in Pickering, noting that the City of Pickering should be doing more to amplify the voices of the black community. She stated that Pickering's population is approximately 10% black, and that this could mean that close to 10,000 people are negatively affected by racialized systems in the City. Ms. Bouwhuis stated that she is trying to educate herself, and that as the world is inherently biased against black people, that the City should review how City funds could potentially be diverted to mental health advocacy for blacks, including potentially diverting funds from policing. She further suggested that the City review how students in the City are being educated against racism, how the City can support black business owners, and that the City should seek direct feedback from black people in the community on how the City can improve the lives of black citizens. DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm A question and answer period ensued regarding whether the City's hiring practices were inclusive to the black community, and whether the black community was able to participate in the display of community art pieces. Members of Council advised Ms. Bouwhuis that as a two-tier level of government, policing and school boards are not within the jurisdiction of the City of Pickering, and suggested that she contact the appropriate resource. 6.2 June Morrison Re: Corr. 28-20 The Families of Orchard Villa Call to Action (Public Inquiry) - Second Request - Urgent June Morrison, The Families of Orchard Villa, joined the electronic meeting via audio connection. Ms. Morrison noted that her father, a resident of Orchard Villa, was in his 96th year when he passed away in May 2020, and that in the last three weeks of his life, he was mistreated by the health care providers at Orchard Villa, who should have been trained and qualified to care for the residents. Ms. Morrison stated that her father was COVID-19 positive, but that she does not believe his COVID-19 diagnosis was the sole reason for his death as he was also suffering from dehydration and starvation. Ms. Morrison noted that if the Province had listened to her complaints, she believes countless lives could have been saved. She noted that the Military Report that was released on May 26, 2020 confirmed lack of duty of care, cockroaches, rodents, and that management had neglected their duties. Ms. Morrison requested that the City request a public inquiry and that the administrative staff be removed from Orchard Villa. A question and answer period ensued pertaining to the investigation being conducted through a public inquiry or by an independent commission. Ms. Morrison expressed concern that if the province proceeded with an independent commission, that the investigation would not be open or transparent as it would be conducted by individuals selected by the Premier, and that she would want spokespersons of the Families of Orchard Villa Long Term Care Home (LTCH) Residents to be involved. Ms. Morrison further noted that the administration of the Home did not properly educate staff, did not provide adequate personal protective equipment, and that she would like them to be held accountable for their actions by being removed from the facility. 6.3 Marie Tripp Re: Corr. 28-20 The Families of Orchard Villa Call to Action (Public Inquiry) - Second Request - Urgent DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Marie Tripp withdrew her delegation prior to the meeting and did not appear before Council. 6.4 Catherine Parkes Re: Corr. 28-20 The Families of Orchard Villa Call to Action (Public Inquiry) - Second Request - Urgent Catherine Parkes, The Families of Orchard Villa, joined the electronic meeting via audio connection to request that the City of Pickering request an independent public inquiry into the deaths at Orchard Villa. Ms. Parkes noted that when she spoke at the May 13th Special Council meeting, she had been asked if she would like the City to request a public inquiry or an independent commission, noting that she had now conducted further research and would like to request that the City request an independent inquiry. Ms. Parkes questioned why there was a delay in response from the government, noting that the outbreak occurred 24 days before the Military arrived, and that the calls for help from the families to the Provincial government went unanswered. She noted that there are ongoing issues with the lack of communications between staff and family members, staff are still not wearing proper personal protective equipment, and that they continue to be short- staffed. Ms. Parkes stated that the Premier had made an announcement for an independent commission, but that the Families of Orchard Villa would like a public inquiry to be conducted to ensure all failed protocols are investigated, and all staff actions reviewed. A question and answer period ensued regarding whether the Region of Durham should endorse this motion as an additional support for the inquiry, and how many people have signed the petition to call for a public inquiry into Orchard Villa Long - Term Care Home. Members of Council expressed their condolences for family members that have lost loved ones at Orchard Villa, and noted that the City would be hosting a memorial to recognize the loss of life at a later date. Ms. Parkes thanked Members of Council for their support and noted that Members of Council and the City have been very present and involved throughout, and that the families of Orchard Villa were very appreciative. 6.5 Fred Cramer Re: Corr. 28-20 The Families of Orchard Villa Call to Action (Public Inquiry) - Second Request - Urgent eta DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Fred Cramer, The Families of Orchard Villa, joined the electronic meeting via audio connection to advocate for an independent inquiry into the deaths of residents at Orchard Villa and other long term care homes. Mr. Cramer noted that his mother lived at Orchard Villa, and that he had ongoing concerns about her safety as she had numerous falls during her stay there. He stated that following March 14th, communication with the staff at Orchard Villa became difficult, and when he finally got a call that his mother was positive for COVID-19, the symptoms noted in her file were contradictory to what had been communicated to him during this time. He noted that he assumed she was being looked after at Orchard Villa, and that when she died shortly thereafter, he believes she didn't die from COVID-19, but from starvation, dehydration and neglect. Mr. Cramer noted that since 2015, Orchard Villa has had 127 notices of failure to comply with Ontario's Long Term Care Homes Act and its regulations, and questioned why their license had not been revoked. Mr. Cramer expressed concern that if an independent commission is conducted, important details of the investigation may be overlooked as the Premier would have the ability to select his own staff to conduct it. Resolution #332/20 Moved by Councillor Brenner Seconded by Councillor Pickles That the order of the agenda be changed to hear Item 7.9, Corr. 28-20 as the next item of business. Carried 7.9 Corr. 28-20 The Families of Orchard Villa Re: Call to Action (Public Inquiry) - Second Request - Urgent Discussion ensued regarding the Notice of Motion, Call for Investigation — Outbreaks and Deaths at Long -Term Care Homes, Retirement Homes and other Congregate Facilities, presented at the May 13th Special Council meeting, with Members of Council noting that the families of Orchard Villa had come back to request that Council support a public inquiry specifically. Members of Council made reference to other public inquiries that had been conducted by the Provincial government, noting that this incident is different, as there are numerous deaths, and as the Commissioner is appointed by the Premier, it would not be an unbiased investigation. Resolution #333/20 DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Corr. 28-20, dated May 29, 2020, from the Families of Orchard Villa, regarding a Call To Action (Public Inquiry) - Second Request — Urgent, be endorsed; and, 2. That a copy of this Resolution be forwarded to the Premier of Ontario, the Lieutenant Governor, Durham MPPs, Opposition Leaders, the Regional Municipality of Durham, and Durham Region municipalities. Carried Unanimously on a Recorded Vote Resolution #334/20 Moved by Councillor Pickles Seconded by Councillor Butt That the order of the agenda be changed to hear Item 7.1, Corr. 20-20 as the next item of business. Carried 7.1 Corr. 20-20 Jennifer O'Connell Member of Parliament, Pickering - Uxbridge Re: City of Pickering Council Resolution - Orchard Villa and Long -Term Care Homes in Ontario Discussion ensued pertaining to whether this correspondence should be received for information or endorsed. Resolution #335/20 Moved by Councillor Pickles Seconded by Councillor Butt That Corr. 20-20, dated May 21, 2020, from MP Jennifer O'Connell, regarding the City of Pickering Council Resolution - Orchard Villa and Long -Term Care Homes in Ontario, be received for information. Carried on a Recorded Vote as Follows: DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Yes No Councillor Butt Councillor Brenner Councillor Cumming Councillor McLean Councillor Pickles Deputy Mayor Ashe 6.6 Katarzyna Sliwa, Partner, Dentons Canada LLP John Koke, Vice President - Land Development, Dorsay (Pickering) Limited Amanda Santo, Senior Director - Land Development, Dorsay (Pickering) Limited Re: Corr. 29-20 Geoffrey Grayhurst, President and CEO Dorsay (Pickering) Limited Request to Initiate a Ministerial Zoning Order for Lands in Northeast Pickering — the Community of Veraine Katarzyna Sliwa, Partner, Dentons Canada LLP, appeared before Council via audio connection, representing her client, Dorsay Limited. Ms. Sliwa noted that John Koke, Vice President - Land Development and Amanda Santo, Senior Director - Land Development, Dorsay (Pickering) Limited, were also present via audio connection to answer questions if required. Ms. Sliwa noted that Dorsay has been working diligently with the City for over 6 years to develop a cutting-edge community called Veraine, and has also been working with potential employment partners, technology innovators, healthcare providers, and that these efforts have been tremendously supported by the Region of Durham, the City and the Province. She requested that Council continue this support by asking the Province to approve a Minister's Zoning Order (MZO) for Veraine. Ms. Sliwa noted that obtaining an MZO would enable immediate action, creating employment opportunities, remove the uncertainty of development timelines, and provide more housing options, without compromising process and public involvement. She stated that Veraine would be a place for all ages, stages of life, and socioeconomic backgrounds, and that the vision is to implement a purpose built design community, focused on the mental and physical well-being of residents. Ms. Sliwa further noted that Dorsay would continue working with the City to help guide the community development guidelines and on the Official Plan amendment to allow the development to come to fruition, and that Dorsay remains committed to assisting and working with the Town of Ajax as it pertains to their concerns regarding flooding and water quality. A question and answer period ensued between Members of Council, Katarzyna Sliwa, Amanda Santo, and John Koke regarding: DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm • undertakings in regards to the water quality and water flow on the site and how Dorsay would work with the Town of Ajax to alleviate their concerns; • the TRCA's Carruthers Creek Watershed Study, and that Dorsay had undertaken hydrology updates and an assessment to investigate various options to build on the previous Class EA recommendations to ensure no negative impacts from the development of the Veraine lands, and to improve the existing downstream condition; • the history of the lands, notably that these lands were never included in the Greenbelt, and that the consideration of these lands for urban development goes back 10 years or more with the Region of Durham's growth analysis, which formed the basis for Regional Official Plan Amendments, and the lands in the Whitebelt area; • what natural and environmental features would be included in the development other than urban development; • whether enacting the MZO would take planning powers away from the City of Pickering, and whether other planning approvals would continue through regular planning channels; • how this development would provide more housing opportunities in more timely and cost-effective ways; • anticipated timelines for development approval and construction commencement; • whether an interim control by-law could be enacted until the environmental issues raised by the Town of Ajax are rectified, or if there were other more appropriate planning tools to be used to achieve this; • the adapting of geothermal energy and vacuum waste and how the applicant would be determining the viability of these forms; and, • what studies would be conducted to ensure the water table and water flow would not be negatively affected. Ms Sliwa stated that her client didn't have any concerns with the City implementing an interim control by-law and stated that the principles that had previously been adopted by City Council were still the primary focus for the vision of this development. She further stated that an amendment to the recommendation to include an interim control by-law was not necessary for the request for an MZO, and that staff would be involved in framing the MZO and the interim control by-law could be considered as part of that process. Ms. Sliwa stated that Council had a commitment from her client to ensure that the City retains control over this development and to ensure the vision for the lands come to fruition. She further stated that if the interim control by-law was the correct tool, then it would be used, but that it was important to maintain flexibility in the language of the recommendation in the event there was a more appropriate planning tool that could be used. DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 6.7 Raphael Francis Susan Maturine, President Pickering -Carib Canadian Cultural Association (PCCCA) Re: Anti -Black Racism Training Video Deputy Mayor Ashe noted that Mr. Francis would be showing a video which would require an extension to the 10 minute delegation speaking limit. Resolution #336/20 Moved by Councillor Brenner Seconded by Councillor Butt That the rules of procedure be suspended to extend the delegation speaking time limit. Carried on a Two -Thirds Vote Raphael Francis, Pickering -Carib Canadian Cultural Association (PCCCA), joined the electronic meeting via audio connection. Mr. Francis noted that the video he would be showing is a small portion of his Anti -Black Racism Training, which he has used for various groups, and gives an introduction to people who may not have an appreciation of the struggles that black people have experienced over the years. He stated that black people were brought to America as slaves, and were poorly housed, poorly fed, deprived, and brutalized, and that his training serves to educate people of these historical issues, as schools do not often provide this education. Mr. Francis noted that if Members of Council or City Staff were interested in receiving training, they could contact him for pricing and availability. The Anti - Black Racism Training video was presented. A brief question and answer period ensued regarding the cost of Mr. Francis' training, and his background and experience. 6.8 Erik Tamm, Managing Partner Pickering Markets Re: Report BYL 03-20 Pickering Markets Request for Reduction of the Market Licensing Fees - Council Resolution # 315/20 Erik Tamm, Managing Partner, Pickering Markets, appeared before Council via audio connection. Mr. Tamm noted that the Pickering Markets have been a staple in the Pickering community for over 40 years and that they are on the verge of DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm shutting their doors due to the economic impacts of the COVID-19 pandemic. He stated that they have lost 10-15% of their vendors in the last 10 days, and that they are requesting that the City reduce their Market License fees from $1,000, to $100 per day of operation. A question and answer period ensued between Members of Council and Erik Tamm regarding the Provincial and Federal government subsidy programs for landlords, with Mr. Tamm noting that their landlord was not eligible to receive support from these programs. Mr. Tamm responded to further questions from Members of Council, confirming that vendors were not charged fees while the Markets were closed, and that 70% of the vendors are from Durham Region. Moved by Councillor Cumming Seconded by Councillor McLean That Council take a short recess. Carried Council recessed at 9:30 pm and reconvened at 9:35 pm. 7. Correspondence 7.1 Corr. 20-20 Jennifer O'Connell Member of Parliament, Pickering - Uxbridge Re: City of Pickering Council Resolution - Orchard Villa and Long -Term Care Homes in Ontario Item 7.1, Corr. 20-20 was dealt with earlier in the meeting. 7.2 Corr. 21-20 Association of Municipalities of Ontario Re: AMO COVID-19 Update — Emergency Orders Extended and Next Steps on Long -Term Care Resolution # 337/20 Moved by Councillor Pickles Seconded by Councillor Brenner DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm That Corr. 21-20, dated May 27, 2020, from the Association of Municipalities Ontario, regarding the AMO COVID-19 Update — Emergency Orders Extended and Next Steps on Long -Term Care, be endorsed. 7.3 Corr. 22-20 Jeff Burch Member of Provincial Parliament, Niagara Centre Re: Official Opposition Statement on Municipal Financial Support Resolution # 338/20 Moved by Councillor McLean Seconded by Councillor Butt Carried 1. That Council endorse the NDP motion calling on the provincial government to work with the federal government to address the systemic financial challenges facing municipalities that have been exacerbated by COVID-19, and to implement the recommendations brought forward by the Federation of Canadian Municipalities and the Association of Municipalities of Ontario; and, 2. That Council's endorsement be forwarded to the Premier of Ontario, Durham MP's and MPPs, AMO, FCM and Durham Region municipalities. Carried 7.4 Corr. 23-20 Tanya Ryce, Supervisor, Cultural Services City of Pickering Re: Cultural Advisory Committee - 2019 Report & 2020 Work Plan Marisa Carpino, Interim Chief Administrative Officer, thanked Ms. Bouwhuis and Mr. Francis for their delegations, and provided an overview of actions that Staff would be taking to address anti -black racism facing the black community. She noted that the City was pursuing a three pronged approach, including the development of a Staff Task Force in January 2020, hiring a consultant, and the development of a Diversity and Inclusion Plan. Ms. Carpino noted that there have been funds allocated in the development charges study towards the Diversity and Inclusion Plan, and that the Plan would involve a review of organizational practices, including in-house recruitment, hiring, training, service delivery, program delivery, and would include a component of community engagement. She noted that the Request for Proposal for the consultant was being prepared by the Staff DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Task Force, and that they would be continuing with the initiative in 2021. Ms. Carpino noted that funds had been made available to support the work of the Cultural Advisory Committee, which would include the engagement of a third party consultant to review the City's internal processes, and that this would be brought back to Council for approval in August or September 2020. Ms. Carpino stated that in June, the Staff and the Cultural Advisory Committee sent out a number of questions to the community to assess the cultural climate in the City, how communities were dealing with COVID-19, and some of the recent world events. Ms. Carpino noted that the Cultural Advisory Committee was uniquely positioned to bring together voices that may not be heard, to reach out to grassroots partners and schools to reach the youth, and that they also hope to bring larger institutions to the table for discussion. Tanya Ryce, Supervisor, Cultural Services, provided an overview of the Cultural Advisory Committee initiatives and events in 2019, including their contributions to the City's Public Art Policy and Volunteer Policy, and assistance with community engagement initiatives and events. Ms. Ryce noted that the Committee worked diligently to ensure they were reaching all members of the community and including all stakeholders in their conversations. She further noted that the City was working on the implementation of a Public Art Committee and program to look at the next 10 years of public art to ensure the City is including artists from all backgrounds, and considering the community scope in purchasing art for the City. A discussion period ensued regarding: • when these initiatives would be communicated with Council and the community as they came about after the publication of the Workplan in front of Council on this agenda; • when the Committee will be focusing their efforts on anti -black racism matters; • the engagement processes to ensure all voices in the community are heard; • composition of the Task Force, and whether members of the public would be a part of this committee; • the Town of Ajax's motion regarding an Anti -Black Racism Congress and the possibility of the City joining or following their lead, what has been learnt from Ajax's experience and the need to ensure this initiative is done the right way; • taking the Ajax motion to the Cultural Advisory Committee for consideration along with other potential options to see what would be the best way forward; • whether there was a staff task force with a cultural cross section of members that was reviewing discrimination in the organization; • whether the City would be implementing an Indigenous Land Statement and what work has been done to date to establish meaningful relationships with the indigenous community noting the length of time that has passed since this initiative first began; - 12 - DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm • whether an anti -black racism plan could be implemented in a timely manner given the delay with the implementation of the Land Statement; • the timelines established in the City's Cultural Plan, why the Plan has not been reviewed as it doesn't have a focus on current issues dealing with racism and why this item has not been a priority of the Cultural Advisory Committee; • how the Cultural Advisory Committee could work with various organizations and groups to enact change within the municipality; • the Cultural Advisory Committee's plans to respond to incidents of anti -black racism in the community, and bringing forward action items and timelines to Council for approval; • the City's current hiring practices and whether these practices provide equal opportunities to all cultural groups; and, • that the City welcomes contributions from residents on the Cultural Advisory Committee, and that the City should investigate the use of training opportunities including those offered by Mr. Francis. Resolution #339/20 Moved by Councillor Pickles Seconded by Councillor Butt That Corr. 23-20, dated June 4, 2020, from Tanya Ryce, Supervisor, Cultural Services, regarding the Cultural Advisory Committee - 2019 Report & 2020 Work Plan, be received for information. Carried Later in the Meeting (See Following Motions) Resolution #340/20 Moved by Councillor Brenner Seconded by Councillor McLean That the main motion be amended by adding the following as Item #2 and the recommendation renumbered accordingly: That Staff be directed to reach out to the Town of Ajax to offer to partner with them on the establishment of an Ajax/Pickering Anti Black Racism Congress and that Staff provide a report back to Council at a Special Council Meeting in July on Ajax's willingness to partner in this joint venture. See Following Motions DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Resolution #341/20 Moved by Councillor Brenner Seconded by Councillor McLean That the amendment be amended to read as follows: That Staff be directed to present the Ajax motion on an Anti -Black Racism Congress to Pickering's Cultural Advisory Committee with a request that they consider: a) a joint venture with Ajax on a Pickering -Ajax Anti -Black Racism Congress; and, b) other possible options with a report back to Council on an engagement strategy to address anti -black racism in Pickering and that staff be directed to report back on the Committee's findings at a Special Meeting of Council to be called on July 13th, 2020. Motion Lost on a Recorded Vote as Follows: Yes No Councillor Brenner Councillor Butt Councillor McLean Councillor Cumming Councillor Pickles Deputy Mayor Ashe Resolution #342/20 The original amendment was now before Council and the Motion Lost on a Recorded Vote as Follows: Yes No Councillor Brenner Councillor Butt Councillor McLean Councillor Cumming Councillor Pickles Deputy Mayor Ashe The Main Motion was then Carried. 7.5 Corr. 24-20 Yvonne Bouwhuis Re: Safety of Pickering Residents Resolution # 343/20 eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Moved by Councillor Pickles Seconded by Councillor Butt That Corr. 24-20 be referred back to Staff and the Cultural Advisory Committee, as well as the Staff working on the Pickering Community Safety Strategy for consideration in their approach. Carried Unanimously on a Recorded Vote 7.6 Corr. 25-20 John Henry, Regional Chair and CEO The Regional Municipality of Durham Re: COVID-19 Recovery Survey Results Resolution # 344/20 Moved by Councillor Cumming Seconded by Councillor Brenner That Corr. 25-20, dated June 8, 2020, from the Regional Municipality of Durham, regarding COVID-19 Recovery Survey Results, be received for information. 7.7 Corr. 26-20 Stan Karwowski, Director, Finance & Treasurer City of Pickering Re: Queries from Council on Report FIN 05-20 Resolution # 345/20 Moved by Councillor Brenner Seconded by Councillor Butt Carried That Corr. 26-20, dated June 4, 2020, from Stan Karwowski, Director, Finance & Treasurer, regarding Queries from Council on Report FIN 05-20, be received for information. Carried 7.8 Corr. 27-20 Elizabeth Martelluzzi, Planner II, Heritage City of Pickering DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Re: Heritage Pickering Advisory Committee 2019 Year End Report and 2020 Workplan A brief question and answer period ensued regarding tax deferrals for heritage buildings to support owners in maintaining heritage and history and whether this could form part of the Committee's 2020 Workplan. City Staff noted that this was something the Committee was supportive of and would be achievable. Resolution # 346/20 Moved by Councillor Brenner Seconded by Councillor Pickles That Corr. 27-20, dated June 10, 2020, from Elizabeth Martelluzzi, Planner II, Heritage, regarding the Heritage Pickering Advisory Committee 2019 Year End Report and 2020 Workplan, be received for information. Carried 7.9 Corr. 28-20 The Families of Orchard Villa Re: Call to Action (Public Inquiry) - Second Request - Urgent Item 7.9, Corr. 28-20 was dealt with earlier in the meeting. 7.10 Corr. 29-20 Geoffrey Grayhurst, President and CEO Dorsay (Pickering) Limited Re: Request to Initiate a Ministerial Zoning Order for Lands in Northeast Pickering — the Community of Veraine Detailed discussion ensued regarding the progressive approach that City Council has taken for the vision of Veraine which will create a healthy community that would avoid some of the mistakes that occurred with Seaton. Further discussion ensued regarding comments from the delegate earlier in the meeting which spoke to Dorsay's willingness to enter into an agreement with the Town of Ajax to satisfy concerns related to water quality as it pertains to Carruthers Creek. Discussion continued regarding adding a provision to the motion to speak to Ajax's satisfaction regarding the watershed with concerns being raised over what obtaining that satisfaction would entail. Further concerns were raised about giving too much control to the Town of Ajax and whether that would hinder or jeopardize DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm the City's role in the approval of the development, noting the benefits that this development would bring to the Town of Ajax. It was noted that the City should be ensuring its satisfaction in the development project and that the technology being proposed by Dorsay would enhance water flow and quality further noting that Mayor Collier has stated that Ajax would be supportive if the quality of the water is not impacted. Resolution # 347/20 Moved by Councillor Cumming Seconded by Councillor Pickles 1. That Corr. 29-20, dated June 17, 2020, from Geoffrey Grayhurst, President and CEO, Dorsay (Pickering) Limited, regarding a Request to Initiate a Ministerial Zoning Order for Lands in Northeast Pickering — the Community of Veraine, be received; 2. That the Deputy Mayor, on behalf of Council, be directed to make a request to Minister Steve Clark, Minister of Municipal Affairs and Housing, for a Minister's Zoning Order for the Community of Veraine; and, 3. That the request and this resolution be copied to the Premier of Ontario, the Honourable Doug Ford and Pickering -Uxbridge MPP, the Honourable Peter Bethlenfalvy. Carried Later in the Meeting (See Following Motion) Resolution #348/20 Moved by Councillor Brenner Seconded by Councillor McLean That the main motion be amended by adding the following as a new Item #2 b), and the recommendation renumbered accordingly: That Staff be directed to include in the August Secondary Plan Strategy, the ability to implement an interim control by-law, prior to any approvals, to ensure that the Town of Ajax is satisfied with any matters pertaining to the watershed on Carruthers Creek. Carried on a Recorded Vote as Follows: DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Yes Councillor Brenner Councillor Butt Councillor Cumming Councillor McLean Deputy Mayor Ashe No Councillor Pickles The Main Motion, as Amended, was then Carried. 7.11 Corr. 30-20 David S. White, Q.C. Devry Smith Frank LLP Re: Section 35 Request for Review Case Number: PL1171171 Official Plan No. OPA 17-002P 1280, 1288-1294 Wharf Street & 607 Annland Street 2388116 Ontario Inc. A brief question and answer period ensued pertaining to whether the City still had the opportunity to make submissions. Paul Bigioni, Director, Corporate Services & City Solicitor, noted that often reviews by the Local Planning Appeal Tribunal (LPAT) result in no change to the decision which may not be communicated to the City. He advised Members of Council that Staff would periodically check the LPAT file and advise Council when a decision had been made. Resolution # 349/20 Moved by Councillor McLean Seconded by Councillor Cumming That Corr. 30-20, dated May 28, 2020, from Devry Smith Frank LLP, a Section 35 Request for Review, be received for information. Carried 8. Report EC 2020-03 of the Executive Committee held on June 15, 2020 8.2 Director, Community Services & Deputy CAO, Report CS 12-20 Don Beer Arena Pro Shop - Licence Amending Agreement Council Decision: DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 1. That the Mayor and Clerk be authorized to execute the Don Beer Arena Pro Shop Licence Amending Agreement as set out in Attachment 1 to which XPRT Marketing & Promotions will be permitted to operate the Don Beer Arena Pro Shop from September 1, 2020 to April 30, 2022, subject to minor revisions acceptable to the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 8.3 Director, Community Services & Deputy CAO, Report CS 25-20 Lease Agreements - Brougham Recreation Society Inc. - Greenwood Recreation Association - Mt. Zion Community Centre - Whitevale District Residents' Association Council Decision: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Brougham Recreation Society Inc. set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Greenwood Recreation Association set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Mt. Zion Community Centre set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; 4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale District Residents' Association set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 5. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 8.4 Director, Community Services & Deputy CAO, Report CS 26-20 Whitevale District Residents' Association - Whitevale Arts & Cultural Centre Lease Agreement Council Decision: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Whitevale District Residents' Association set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 8.5 Director, Finance & Treasurer, Report FIN 08-20 Annual Indexing — Development Charges and Seaton Financial Impacts Agreement Council Decision: 1. That Report FIN 08-20 of the Director, Finance & Treasurer be received; 2. That effective July 1, 2020 as provided for in By-law No. 7595/17, as amended by By-law No. 7727/19, the Development Charges (the "DCs") referred to in Schedule "C" of that By-law be increased by 2.9 percent; 3. That effective July 1, 2020 as provided for in By-law No. 7595/17, as amended by By-law No. 7727/19, the DCs referred to in Schedule "D" of that By-law be increased by 2.9 percent; 4. That effective July 1, 2020 the payments related to "10 percent Soft Services" as provided for by the Seaton Financial Impacts Agreement (FIA) dated November 26, 2015 be increased by 2.9 percent; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 8.6 Director, City Development & CBO, Report PLN 09-20 Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Council Decision: 1. That Report PLN 09-20 of the Director, City Development & CBO, on the implementation of the Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program, be endorsed; 2. That the Deputy Mayor and City Clerk be authorized to execute the joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests (LEAF) organization and participating municipalities, set out in Appendix I of this report, subject to minor revisions, to deliver the tree planting program in 2020 with terms and conditions satisfactory to Corporate Services and Finance from a legal services and insurance perspective; 3. That the appropriate City staff be directed take the necessary actions as indicated in this report; and, 4. That staff be directed to report back with a summary of the results, and if successful, consider continuing the program in subsequent years pending budget approval. Resolution # 350/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Report EC 2020-03 of the Executive Committee Meeting held on June 15, 2020 be adopted, save and except Item 8.1. Carried 8.1 Chief Administrative Officer, Report CAO 03-20 COVID-19 Response - Pickering's Reopening Framework A brief question and answer period ensued regarding the opening of the Chestnut Hill Developments Recreation Complex. Brian Duffield, (Acting) Director, Community Services, advised Members of Council that the City would be prepared to open City facilities the week of July 6th, but that this be dictated by the Provincial Emergency Orders and subject to the Province announcing that the City of Pickering has entered into Stage 3. DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Resolution #351/20 Moved by Councillor Pickles Seconded by Councillor Cumming 1. That Council receive report CAO 03-20 regarding Pickering's Reopening Framework for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 9. Report PD 2020-03 of the Planning & Development Committee held on June 15, 2020 9.1 Director, City Development & CBO, Report PLN 05-20 Pickering Housing Strategy Study and Association of Municipalities of Ontario Report titled "Fixing the Housing Affordability Crisis, Municipal Recommendations for Housing in Ontario" Council Decision: 1. That City Development staff undertake a study to prepare a comprehensive housing strategy generally as outlined in Report PLN 05-20, with Staff reporting back to Council in six months with a status update and a final completion study report being completed and presented to Council no later than June 2021; and, 2. That the staff review and comments contained in Report PLN 05-20 on the Association of Municipalities of Ontario Report titled "Fixing the Housing Affordability Crisis, Municipal Recommendations for Housing in Ontario", be received. 9.2 Director, City Development & CBO, Report PLN 06-20 The Municipal Comprehensive Review of the Durham Regional Official Plan: Housing Policy Planning Discussion Paper, December 2019 Council Decision: 1. That the Region maintain its definition of affordable rental housing to be consistent with the Provincial Policy Statement and other municipalities in the Greater Toronto and Hamilton Area, and for the purpose of monitoring and comparability; -22- eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 2. That the Region maintain its definition of affordable ownership housing to be consistent with the Provincial Policy Statement and other municipalities in the Greater Toronto and Hamilton Area, and for the purpose of monitoring and comparability; 3. That the Region take a more active role to increase affordable ownership housing and rental housing options, increase the amount of purpose-built rental housing, and increase the diversity of housing types within the region; 4. That the Region include policies in the Regional Official Plan that generally support higher targets for affordable housing within Strategic Growth Areas and other appropriate areas as defined by the local municipality; 5. That the Region: (a) provide greater support and encouragement for the development of local housing strategies which can address the local municipal context and aid in achieving the Region's goals and objectives for increasing the supply of affordable housing; and, (b) encourage area municipalities to explore the use of a full suite of incentives and policy tools, such as financial incentives, Development Charge/Community Benefits Charge by-laws, reduced parking requirements, expedited development applications, and donation of surplus lands, through local housing strategies in order to achieve affordable housing targets. 6. That the Region encourage area municipalities to consider reducing parking requirements for second units located in areas well served by transit; 7. That Regional Official Plan policies be updated to reflect the More Homes, More Choice Act changes to permit secondary units in detached, semi- detached or row houses, as well as in a building or structure ancillary to a detached house, semi-detached or row house and allow detached secondary units in rural areas; 8. That, if the Region includes policies on inclusionary zoning in the Regional Official Plan, these policies be encouraging in nature, enabling the local area municipalities to determine the appropriateness of where and when to use the tool; eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 9. That the Region report on vacancy rates for each municipality individually, if possible, to allow each municipality to better address the specific needs of their own community; 10. That the Region consider strengthening the rental to ownership housing conversion policies in the Regional Official Plan to help protect existing affordable rental housing; 11. That the Region include policies in the Regional Official Plan that encourage municipalities to use tools, such as a demolition control by-law, to preserve existing affordable rental housing especially in certain locations such as Strategic Growth Areas or areas in proximity to transit where existing rental housing may be older and therefore more susceptible to demolition and redevelopment; 12. That the Region: (a) develop a monitoring framework for short-term rentals to assess the impact of short-term rental housing in Durham; and, (b) consult with local municipalities and economic development and business groups prior to the inclusion of policies addressing short-term rentals in the Regional Official Plan. 13. That the Region consider including a clear definition of "tiny home" that contemplates size, mobility, servicing needs, and the similarities and differences compared to modular homes, prefabricated small homes, and mobile homes; 14. That the Region enable local municipalities to determine the appropriate locations for mid -rise development through local intensification studies, secondary plans, and through the evaluation of site-specific development proposals to ensure that the local context is suitably addressed; 15. That the Region: (a) support people with mobility and mental health challenges to secure safe and affordable housing and maintain tenancies by: -24- eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm • continuing to ensure collaboration among housing, health, and social services departments and agencies; • continuing to promote the development of supportive housing, semi-independent living, subsidized housing, transitional housing, etc.; and, • ensuring affordable and special needs housing is located in close proximity to community supports. (b) elaborate on the meaning of "special needs groups" as referred to in Section 4.3.6 of the Regional Official Plan; and, (c) continue exploring the issue of supporting people with mobility and mental health challenges through the development of the Region's Community Safety and Well-being Plan and Comprehensive Master Housing Strategy. 16. That the Region: (a) continue to support and partner with other levels of government to promote and provide affordable rental housing; (b) include policies in the Regional Official Plan that address the provision of adequate and locationally appropriate long term care facilities that will meet the current and future needs within the Region; and, (c) support the needs of an aging population by including policies in the Regional Official Plan that reflect the direction, goals and objectives contained in the Age Friendly Durham Strategy and Action Plan, including: • providing opportunities for affordable, assisted housing options and encouraging development that complements the concept of "aging in place"; • addressing accessibility needs and age -friendly design within the built environment; and, • ensuring that active and passive recreational facilities, and community and health services are available for the aging population. DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 17. That the Region include a definition of "co -ownership housing" in the Regional Official Plan and include policies that enable municipalities to address this type of housing in a local and context -specific manner; 18. That, in support of the development of diverse and affordable housing options, the Region: (a) communicate and work with developers on funding and other incentives that are available to address the Region's housing needs; (b) include housing policies that support affordability through reduced energy costs from a climate change and resiliency lens; and, (c) strengthen policies to incentivize the delivery of seniors, affordable, and/or accessible housing (which could include Community Improvement Plans; deferral or waiving of development charges). 9.3 Director, City Development & CBO, Report PLN 08-20 Zoning By-law Amendment Application A 12/19 2718155 Ontario Inc., and R., S., and S. Doria Part of Lot 29, Broken Front Range 3, Part 1 on 40R-5415 & Parts 2 to 5 on 40R-5809 (698 & 682 Kingston Road) Council Decision: That Zoning By-law Amendment Application A 12/19, submitted by Shell Canada Limited on behalf of 2718155 Ontario Inc., and R., S., and S. Doria, to permit the reconstruction of the existing automobile service station and associated automobile related and restaurant uses, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 08-20 be forwarded to Council for enactment. 9.4 Director, City Development & CBO, Report PLN 10-20 Zoning By-law Amendment Application A 01/19 Draft Plan of Subdivision Application SP -2019-01 Draft Plan of Condominium Application CP -2019-01 Marshall Homes (Finch) Ltd. Part of Lots 31 and 32, Concession 2 South, Now Parts 2 to 4 and 6, 40R-29566 and Part 2, 40R-29965 (North side of Finch Avenue, west of Rosebank Road) DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Council Decision: 1. That Zoning By-law Amendment Application A 01/19, submitted by Marshall Homes (Finch) Ltd., to facilitate a residential common element condominium development consisting of 42 lots for detached dwellings, on lands located on the north side of Finch Avenue, west of Rosebank Road, be endorsed subject to the provisions contained in Appendix I to Report PLN 10-20, and that staff be authorized to finalize and forward an implementing Zoning By law to Council for enactment; and, 2. That Draft Plan of Subdivision Application SP -2019-01, submitted by Marshall Homes (Finch) Ltd., to establish a single development block to facilitate a common element condominium, as shown on Attachment #6 to Report PLN 10-20, and the implementing conditions of approval, as set out in Appendix II, be endorsed. 9.5 Director, City Development & CBO, Report PLN 11-20 Proposed Telecommunication Tower Installation The Regional Municipality of Durham Installation #68 3660 Sideline 26 Council Decision: That the Region of Durham be advised that City Council does not object to the 36.0 metre high telecommunication tower installation proposed to be located at 3660 Sideline 26, based on the design and other details submitted with this request. Resolution # 352/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Report PD 2020-03 of the Planning & Development Committee Meeting held on June 15, 2020 be adopted. Carried 10. Reports — New and Unfinished Business 10.1 Director, Corporate Services & City Solicitor, Report BYL 03-20 Pickering Markets Request for Reduction of the Market Licensing Fees - Council Resolution # 315/20 eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Discussion ensued pertaining to whether the City could reduce the Pickering Markets licensing fees for the requested dates, and modify the request if the economy improves prior to December 2020. Resolution # 353/20 Moved by Councillor Pickles Seconded by Councillor McLean 1. That Council receive Report BYL 03-20 for information; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as may be directed by Council. Carried Later in the Meeting (See Following Motion) Resolution #354/20 Moved by Councillor Pickles Seconded by Councillor McLean That the main motion be amended by replacing Item #2 with the following: That Staff be directed to reduce the daily Market Licensing fee from $1,000 to $100 for a 3 month period, and that fees be reviewed in September 2020 for a potential 3 -month extension. Carried The Main Motion, as Amended, was then Carried. 10.2 (Acting) Director, Community Services, Report CS 15-20 Tender for Tennis Court Wall and Roof Repairs at Chestnut Hill Developments Recreation Complex - Tender No. T2020-10 Resolution # 355/20 Moved by Councillor Brenner Seconded by Councillor McLean 1. That Tender No. T2020-10 submitted by Eileen Roofing Inc., in the amount of $232,316.14 (HST included), be accepted; DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 2. That the total gross project cost of $277,517.00 (HST included), including the amount of the tender, contingency, and other associated costs, and the total net project cost of $249,913.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $249,913.00 by revising the sum of $470,000.00, as provided for in the 2020 Recreation Complex (Core) Capital Budget to $249,913.00 and the source of funds be revised from 15 -year debt to a transfer from the Rate Stabilization Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10.3 Director, Corporate Services & City Solicitor, Report LEG 03-20 Pickering City Centre Project - Payment of Architects Alliance invoices A question and answer period ensued regarding the design costs for the Pickering City Centre buildings. Deputy Mayor Ashe noted that the Performing Arts Centre design costs are higher as this building is more technical than the other buildings, and that the invoices in this Report do not offer a complete tally, as Council has already approved invoices for prior months. Stan Karwowski, Director, Finance & Treasurer, responded to Members of Council, noting that the use of development charges (DC) for arts centres is low, and that the City had been able to increase DC funding by creating community uses of space in the new Performing Arts Centre. Mr. Karwowski further noted that as the Pickering Casino Resort Project is on pause, funds to pay for the City Centre project are coming from other budgets, and once revenues are realized from the Casino Resort, those funds would then be utilized. Paul Bigioni, Director, Corporate Services & City Solicitor responded to Members concerns regarding high construction costs, noting that the City is not committed to signing construction contracts until the design is complete. Resolution # 356/20 Moved by Councillor Cumming Seconded by Councillor Butt DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 1 That Council authorize the Director, Finance & Treasurer to pay invoices rendered by Architects Alliance for the Pickering City Centre Project in the amount of $687,392.01 (inclusive of HST), and that such project costs be charged to the following capital accounts as follows: (a) Pickering Performing Arts Centre (5740.2001.0000) - $317,926.77, (b) Pickering Public Library (5740.2002.0000) - $196,465.38, (c) Pickering Youth/Seniors' Centre (5740.2003.0000) - $172,999.86; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 11. Motions and Notice of Motions 11.1 Motion to Enact a Right of Entry By-law Upon Adjoining Land for the purpose of making repairs for alterations to the building fences or other structures Resolution # 357/20 Moved by Councillor McLean Seconded by Councillor Cumming Whereas many homes in Pickering have easements attached to the deed; And Whereas, an easement is a legal right benefitting property or a piece of land (known as a dominant land) that is enjoyed over another piece of land owned by someone else (servient land). A common example of the easement is one that allows the owner of the dominant land to do something on the servient land; And Whereas, often home owners have to gain access to their property by entering upon adjoining land for the purpose of making repairs, alterations or improvements; And Whereas, if a neighbour refuses access for these repairs, alterations or improvements, the only recourse is a civil action through the court system; And Whereas, By-laws may be passed by Councils of local municipalities pursuant to the Municipal Act, for permitting an owner or occupant of any building, fence or other structure, or the agent or employee of such owner or occupant to enter upon any adjoining land for the purpose of making repairs, alterations or improvements DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm to such building fence or other structure, but only to the extent necessary to affect such repairs, alterations or improvements, and that every such By-law shall provide that the adjoining land be left in the same condition as it was prior to such entry; And Whereas, many municipalities in Ontario including Toronto, Ottawa and Windsor have right of entry By-laws that require the submission of a comprehensive permit application and application fee before one is allowed to access his or her neighbour's property; Further, each By-law imposes a penalty for damage caused to the neighbouring property; And Whereas, these applications are only required if a resolution between the property owners cannot be reached amicably; And Whereas, if this By-law is contravened and a conviction is entered, the Superior Court of Justice or any court of competent jurisdiction may, in addition to any penalty imposed on the person convicted, issue an order prohibiting the continuance or repetition of the offence by the person convicted; Now therefore be it resolved: That Council direct the City Solicitor to draft a by-law similar to Toronto, Ottawa and Windsor and report back to this Council with a draft for the July 27, 2020 Council meeting to be adopted, and to commence any notifications that may be required. Carried 11.2 A City of Pickering Local Food Strategy Resolution # 358/20 Moved by Councillor Brenner Seconded by Councillor Pickles Whereas Ontario's local food industry is a major contributor to Ontario's economy; And Whereas, the Local Food Act 2013 was created to help foster successful and resilient local food economies and systems in Ontario; And Whereas, growing, buying and supporting local food creates economic growth in communities across Ontario; DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm And Whereas, supporting increased access to local food, improves food literacy in respect of local food, and encourages less dependency on the escalating costs of importing produce of less quality; And Whereas, within the rural communities of the City of Pickering, there is an opportunity to better utilize those lands that are under used and/or sit dormant that have class soil conditions and with the right resources, support and encouragement, can achieve the Provincial objectives set out in the Local Food Act 2013; And Whereas, the City of Pickering does not have an economic development strategy that recognizes the potential of producing local produce grown within the City of Pickering; And Whereas, the Province of Ontario supports the need for ongoing consultation with farmers, distributors and the broader public sector on the removal of red tape barriers in the local food economy; Now therefore be it resolved: That the Council for the Corporation of the City of Pickering recognizes the role of a lower -tier municipality to support locally grown produce that is critical to achieving the objectives of the Province of Ontario for local food growth, and directs through the Office of the Interim CAO and the Director of Economic Development, to report back to Council at its August 24, 2020 meeting on an engagement process for developing a City of Pickering Local Food Strategy that includes, but is not limited to farmers/landowners and the broader community. Carried Unanimously on a Recorded Vote 11.3 City of Pickering Virtual Ward Meetings Resolution # 359/20 Moved by Councillor Cumming Seconded by Councillor Brenner Whereas a Ward Councillor for the City of Pickering is entitled to hold a virtual meeting with his/her constituents to solicit their opinion on matters germane to the ward or matters relevant to residents of Pickering as a whole; And Whereas, a Ward Councillor may wish to advertise such a meeting in advance; DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm And Whereas, a ward Councillor may require technical guidance relative to holding such a meeting; And Whereas, such a meeting should not be confused by the public or other interested parties as a City event, but recognized as a gathering of input from constituents, relevant to the ward Councillor's representation as a Member of Council; Now therefore be it resolved: That the Council of The Corporation of the City of Pickering supports individual Councillors' virtual meetings provided that: 1. These virtual meetings are advertised, communicated and referred to as virtual ward meetings; 2. These virtual ward meetings be supported and financed through the individual Councillor(s) budget(s) as provided for in the Council Compensation Policy; and, 3. A disclaimer be prominently displayed on all media, and included in all advance advertising for all virtual ward meetings to state: "The views expressed by guests and or participants at virtual ward meetings are not those of the City of Pickering nor its Council." Carried 12. By-laws 12.1 By-law 7762/20 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part Lot 29, Range 3, Broken Front Concession (Part 1, Plan 40R-5415 and Parts 2 to 5, Plan 40R-5809) in the City of Pickering. (A 12/19) 12.2 By-law 7763/20 Being a by-law to appoint Marisa Carpino as Interim Chief Administrative Officer. DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 12.3 By-law 7764/20 Being a by-law to establish those parts of Lot 6, Plan 456, being Parts 25 and 26, 40R-18371 as public highway (Omega Drive). 12.4 By-law 7765/20 Being a by-law to establish and name certain roads within the City of Pickering, Regional Municipality of Durham as public highways (Tillings Road). 12.5 By-law 7766/20 Being a by-law to name parts of certain public highways within the City of Pickering, Regional Municipality of Durham (Sideline 16, Sideline 14, Paddock Road, Salem Road, Sideline 4, Kinsale Road). 12.6 By-law 7767/20 Being a by-law to exempt Block 2, Plan 40M-2639, Pickering, from the part lot control provisions of the Planning Act. 12.7 By-law 7768/20 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 10, Registered Plan 585, in the City of Pickering. (A 02/20) 12.8 By-law 7769/20 Being a by-law to assign certain functions, duties and authorities to the Director, City Development, or designate. Resolution # 360/20 Moved by Councillor Cumming Seconded by Councillor Pickles That By-law Nos. 7762/20 through 7769/20 be approved. Carried DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm 13. Confidential Council — Public Report Deputy Mayor Ashe stated that prior to the Regular Council Meeting, an In -camera session was held at 5:30 p.m. in accordance with the provisions of the Municipal Act and Procedure By-law 7665/18 to hear a verbal update from the City Solicitor regarding the Pickering City Centre Project Agreements and to receive advice subject to solicitor -client privilege. Council also received a verbal update from the Director, Human Resources regarding 2 personal matters about identifiable individuals and provided direction to Staff. 13.1 Verbal Update from the City Solicitor Re: City Centre Project Agreements Resolution # 361/20 Moved by Councillor Cumming Seconded by Councillor Pickles That the confidential recommendations considered at the In -Camera Session of Council, held at 5:30 pm on June 29, 2020, be approved. Resolution #362/20 Moved by Councillor McLean Seconded by Councillor Butt Carried That due to the remaining items of business on the agenda, the meeting be extended to allow Council to continue to meet beyond 12:00 a.m. Carried 14. Other Business 14.1 Councillor McLean gave notice that he would be bringing forward a Notice of Motion regarding the creation of a by-law to make it mandatory to wear face masks in the City of Pickering. 14.2 City of Pickering Speeding on Liverpool Road Resolution #363/20 Moved by Councillor Cumming Seconded by Councillor Brenner DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm That the rules of procedure be suspended in order to allow the introduction of a motion regarding speeding on Liverpool Road. Carried on a Two -Thirds Vote City of Pickering Speeding on Liverpool Road Discussion ensued regarding previous efforts to control speeding on Liverpool Road, with Members of Council noting that there is $150,000 in the budget available for this project, and that the preference would be that this program be owned and operated by the City. Further discussion ensued regarding how a community zone was defined, with Members of Council noting that in order to qualify as a community zone, there must be a school in the area. Discussion continued regarding speeding issues on several streets throughout the City and the many residents who have raised these concerns with Members of Council. It was noted that to combat these issues, there was a need to consider photo radar in the future. Resolution #364/20 Moved by Councillor Cumming Seconded by Councillor Brenner Whereas, Liverpool Road between Bayly and Wharf Streets, has had a history of speeding; And Whereas, Council at its meeting held on October 21, 2019, through Resolution #145/19, referred correspondence from the Region of Durham regarding the Automated Speed Enforcement (ASE) Program Implementation to staff for consideration of one (1) mobile unit, through the City of Toronto contact, for city road designated Community Safety Zones and 2020 pre -budget approval if required; And Whereas, Council at its meeting held on February 24, 2020, through Resolution #240/20, adopted the 2020 Budget to include $150,000 for ASE; And Whereas, the Montessori Learning Centre of Pickering is located at 631 Liverpool Road and as such qualifies this area as a Community Safety Zone under the ASE Program; And Whereas, Liverpool Road South is recognized as a destination for Pickering residents and many visitors who enjoy the shoreline of Lake Ontario; DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm And Whereas, many families including small children, pets and visitors are rotating in and out of the area for short and long term stays resulting in a constant movement of people and cars; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Declares the portion of Liverpool Road between Bayly and Wharf Streets as a Community Safety Zone and directs Staff to erect the appropriate signage; 2. Supports a speeding solution for Liverpool Road South under the Automated Speed Enforcement Program provided that; a) the costs of installing and maintaining such a solution don't exceed the amount included in the 2020 budget; b) a firm date for the installation can be determined; and, c) the solution has the potential to be removed during the winter months and used in another location if appropriate. Carried 14.3 Nuisance By-law Resolution #365/20 Moved by Councillor Brenner Seconded by Councillor Cumming That the rules of procedure be suspended in order to allow the introduction of a motion regarding a Nuisance By-law. Carried on a Two -Thirds Vote Councillor Brenner raised the matter of Staff Report CAO 05-10 pertaining to a nuisance by-law for the City of Pickering. He advised Members of Council that the by-law was not brought back to Council for enactment and due to the issues and concerns occurring along the waterfront and in the City, requested that Staff bring back the 2010 draft by-law with minor updates reflective of the current situation. eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm Resolution #366/20 Moved by Councillor Brenner Seconded by Councillor Cumming That the Director Corporate Services & City Solicitor be directed to bring back a draft by-law for Council's consideration, at the July 27, 2020 Council Meeting, to implement a nuisance by-law as identified in Staff Report CAO 05-10. Carried 14.4 Councillor Brenner gave notice that he would be bringing forward a Notice of Motion pertaining to a lobbyists, similar to the lobbyist motion that is included in the Region's Code of Conduct. 14.5 Councillor Brenner advised that he had sent an email to Members of Council and Senior Staff regarding the group "Break the Chairs", and noted that he would be scheduling a meeting to discuss anti -black racism and extended the offer to Members and Staff to join. 14.6 Councillor Brenner requested that the Interim Chief Administrative Officer review the opportunity for Members of Council to receive anti -black racism training by Raphael Francis and requested an update from staff prior to the next Council meeting in July. 14,7 Councillor Butt raised questions to Staff regarding the protocol for naming roads and parks. The Interim CAO advised that the City has a City and Park Naming Policy and that she would circulate it to Members of Council for their information. 15. Confirmation By-law By-law Number 7770/20 Councillor Butt, seconded by Councillor Pickles moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of June 29, 2020. Carried 16. Adjournment Moved by Councillor Cumming Seconded by Councillor McLean That the meeting be adjourned. eta o/ DICKERING Council Meeting Minutes June 29, 2020 Electronic Meeting 7:00 pm The meeting adjourned at 12:23 am. Dated this 29th day of June, 2020. Carried Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk Cty oh DICKERING Executive Committee Meeting Minutes July 13, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Pickles Present: Deputy Mayor Kevin Ashe Councillors: M. Brenner S. Butt I. Cumming B. McLean D. Pickles Absent: Mayor David Ryan Also Present: M. Carpino K. Bentley P. Bigioni B. Duffield J. Eddy J. Flowers J. Hagg R. Holborn F. Jadoon S. Karwowski S. Cassel S. Milton L. Harker 1. Roll Call - Interim Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - (Acting) Director, Community Services - Director, Human Resources - CEO & Director of Libraries, Pickering Public Library - Fire Chief - Director, Engineering Services - Director, Economic Development & Strategic Projects - Director, Finance & Treasurer - City Clerk - Manager, Recreation Services - Deputy Clerk The City Clerk certified that all Members of Committee were present and participating electronically in accordance with By-law 7749/20, with the exception of Mayor Ryan who was absent due to illness. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations There were no delegations. 1 -40- Cty oh DICKERING Executive Committee Meeting Minutes July 13, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Pickles 4. Matters for Consideration 4.1 (Acting) Director, Community Services, Report CS 06-20 Community Safety and Well -Being Plan - Update Recommendation: Moved by Councillor Brenner Seconded by Councillor McLean 1. That report CS 06-20 be referred back to Staff with direction to incorporate additional information up to June 30, 2020, and to provide a work plan for moving forward on a City of Pickering Community Safety and Well -Being Strategy; and, 2. That Staff report back no later than the September 14, 2020 Executive Committee meeting. Carried 4.2 Director, Finance & Treasurer, Report FIN 09-20 Development Charge Interest Policy A question and answer period ensued between Members of Committee and Stan Karwowski, Director, Finance & Treasurer, regarding: • what impact the Development Charge Interest Policy would have on the City, particularly in relation to rental housing and non-profit housing development; • what interest rate the City would be charging and how this was calculated; • interest amounts charged to taxpayers for property tax arrears versus interest amounts charged for deferred DCs; • how deferred DCs would impact projected capital projects; • providing an update on the impact of this new Policy in 6 months with inclusion of gross DCs and the payments that would be made over 20 years; • whether residential and commercial properties are charged the same interest rate; and, • the amount of money in the City's development charge reserve account and impacts due to COVID-19. 2 - 41 - Cty oh DICKERING Executive Committee Meeting Minutes July 13, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Pickles Members of Committee requested follow up regarding a review of the City's Investment Strategy. Stan Karwowski, Director, Finance & Treasurer, noted that due to the COVID-19 pandemic, the Strategy had been delayed. Mr. Karwowski was requested to look at when this Strategy would be coming before the Committee. Recommendation: Moved by Councillor Butt Seconded by Councillor Cumming 1. That Report FIN 09-20 of the Director, Finance & Treasurer be received; 2. That the "Development Charge Interest Policy", attached as Appendix 1, be adopted by Council; and, 3. That the appropriate City of Pickering (City) officials be authorized to take the necessary actions as indicated in this report. Carried 5. Other Business 5.1 Councillor McLean raised the matter of the City's Noise By-law and the need to include provisions for noise arising from outside equipment such as air conditioners and pool pumps on residential properties. Moved by Councillor McLean Seconded by Councillor Brenner That the Director, Corporate Services & City Solicitor report back to the September 14, 2020 Executive Committee Meeting, on potential amendments to the City's Noise By-law, to regulate noise created by the use of outdoor equipment, including but not limited to, air conditioners and pool pumps on residential properties. Carried 5.2 Councillor Brenner gave notice that he would be bringing forward a Notice of Motion to the July 27th Council Meeting pertaining to the Provincial Orders that allow construction sites to begin work at 6:00 am, noting the number of complaints received by residents and how the early construction start times were negatively impacting their daily lives. 3 -42- Cfl h DICKERING Executive Committee Meeting Minutes July 13, 2020 Electronic Meeting — 2:00 pm Chair: Councillor Pickles Paul Bigioni, Director, Corporate Services & City Solicitor, responded to questions from Members of Committee regarding the authority for the City to specify construction start times through By-law, and whether the construction start times would expire once the Provincial Emergency Orders have been lifted, or if they would be in place until 2021. Mr. Bigioni noted that he would look into the Provincial Orders and the City's By-laws to see if anything could be done to address these concerns. 6. Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 2:35 pm. Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner Present: Deputy Mayor Kevin Ashe Councillors: M. Brenner S. Butt I. Cumming B. McLean D. Pickles Absent: Mayor David Ryan Also Present: M. Carpino K. Bentley P. Bigioni F. Jadoon S. Cassel C. Rose N. Surti C. Celebre T. Bal C. Morrison - Interim Chief Administrative Officer - Director, City Development & CBO - Director, Corporate Services & City Solicitor - Director, Economic Development & Strategic Projects - City Clerk - Chief Planner - Manager, Development Review & Urban Design - Principle Planner, Development Review - Planner II - Planner II L. Harker - Deputy Clerk 1. Roll Call The City Clerk certified that all Members of the Committee were present and participating electronically in accordance with By-law 7749/20, with the exception of Mayor Ryan who was absent due to illness. 2. Disclosure of Interest No disclosures of interest were noted. 3. Statutory Public Meetings Councillor Brenner, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the 1 -44- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner decision of City Council to the Local Planning Appeal Tribunal (LPAT), and may not be entitled to be added as a party to the hearing unless, in the opinion of LPAT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 09-20 Zoning By-law Amendment Application A 01/20 Universal City Six Developments Inc. Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 (1010 Sandy Beach Road) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above -noted application. Tanjot Bal, Planner II, provided the Committee with an overview of Zoning By-law Amendment Application A 01/20. Through the aid of a PowerPoint presentation, Ms. Bal outlined the applicant's proposal and conceptual renderings, noting that subsequent to the submission, the applicant amended the rezoning application to reduce the number of units. Ms. Bal provided an overview of the site specific amendments that the applicant was requesting, and outlined the comments received from the public and from Planning Staff. Michael Vani, Senior Planner, Weston Consulting, on behalf of Universal City Six Developments Inc., joined the electronic meeting via audio connection. Mr. Vani noted that although this application is separate from the initial Universal City development block, this is partially an extension of the existing master plan given its abutting location to the lands. He noted that the location provides a prominent gateway, enhanced design and building massing to welcome people to the Universal lands. Mr. Vani stated that the proximate location to the street improves the prominence of the site, increases access to the street, allows for increased pedestrian access, and allows the development to maximize separation from the other buildings. He noted that the development is consistent with the City and the Region's Official Plans, and that the requested amendments are appropriate and maintain the City Centre Zoning By-law Amenity requirements. He noted that greenroofs are proposed for certain areas and that indoor and outdoor amenity spaces were also being proposed. Mr. Vani noted that a sun -shadow study indicated there would be no impacts to the surrounding area and that the reduced parking demands were supported by a traffic study and in keeping with the other phases of the Universal City Development. Mr. Vani concluded by stating that the Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner setback of the main wall would be maintained along Bayly Street to ensure a consistent street wall along the arterial road. There were no delegations from the public. A question and answer period ensued between Members of Committee and Mr. Vani regarding: • how many parking spaces were being proposed and whether these spaces could accommodate larger vehicles; • the request from the applicant for floor space reduction and the removal of certain uninhabitable aspects of the building (e.g. garbage rooms, hallways, and elevator shafts) in determining the gross floor index, allowing the applicant to achieve higher density rates; • the amount of park space within the development; • if commercial space was being proposed and the associated uses; • if the design of the condominium building would contain common design elements from the other Universal City buildings; • the definition of the floor space index and if this would be applied consistently amongst all Universal City Buildings; • impacts of the appeal of the City Centre By-law, specifically how this would affect the introduction of the floor space definition and how the City would adjust to accommodate a definition that would work for the development; • what amenities would be located on the ground floor; and, • whether there would be sufficient commercial, retail, and landscaped areas for the residents to enjoy. 4. Delegations Kyle Bentley, Director, City Development & CBO, appeared before the Committee to provide an overview of Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19. Mr. Bentley noted that the original proposal had been submitted for a mixed use development at 505 and 591 Liverpool Road, with a public open house held in October 2019 and a Statutory Public Meeting held in February 2020. Following this, a Notice of Motion was brought forward at Council to refuse the application, which was referred back to Staff to provide a Report to Council in May or earlier. Mr. Bentley stated that due to circumstances surrounding COVID-19, Staff were unable to provide a Report until this time. He stated that a revised submission was received from the applicant in March, which included a reduction in height and commercial space, and the exclusion of the City portion of land. He stated that City Staff have reviewed the application thoroughly, have received comments from impacted agencies and the public and that the recommendation before the Committee was to 3 -46- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner refuse the application. Mr. Bentley noted that Ontario Power Generation considered the application to be premature as the lands are located in the federally regulated exclusion zone, and that they are not in support of the application. In addition, he noted that the applicants have not identified the location of the shoreline hazard, and that Staff have reviewed the application against City and Provincial documents, and are of the opinion that the application is not consistent with these documents and does not conform to the Growth Management Policies of the Growth Plan. Mr. Bentley further noted that the application is not reflective of the intensity and scale of the existing neighbourhood, does not conform to the Growth Intensification Policies, is not in keeping with the character of the Liverpool Road Development Guidelines and that the traffic impact study was not deemed to be sufficient to support the development. The Chair called for delegations who had registered to speak on this matter. 4.1 Stewart Stevenson, 1758 Storrington St Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Stewart Stevenson was not available via audio connection and did not make a delegation. 4.2 Glenn Brown, 1995 Bowler Drive Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Glenn Brown, 1995 Bowler Drive, joined the electronic meeting via audio connection to support the refusal of the application. Mr. Brown noted that he had sent in his comments in writing for Members of Committee to review prior to the meeting. Mr. Brown stated that the City should offer the broadest and least - impeded view of the lake for residents. Mr. Brown noted that this is a high density proposal and that during the COVID-19 pandemic, the Province is reviewing densities and are asking municipalities to forsake high density for medium density development, as medium density makes it easier to arrange building stories to maximize sun and access to fresh air. He further noted that air quality and exchange should be considered and stated that even if residents have their own outside air space, high density dwellings increase the likelihood of exchanging potentially contaminated air with other residents. Mr. Brown stated that HEPA filters and duct cleaning require regular maintenance to reduce the risk to individuals living in high density dwellings. 4 -47- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner 4.3 Adrian Patrascu, 1371 Tatra Drive Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Adrian Patrascu, 1371 Tatra Drive, joined the electronic meeting via audio connection to support the refusal of the application. Mr. Patrascu expressed concern that the traffic studies had been conducted outside of rush hour times, and were outdated having been conducted in 2017, and therefore were not reflective of today's traffic. He expressed additional concerns pertaining to the potential loss of wildlife, and the negative shadowing effects of the buildings on the wildlife in the area. 4.4 Christopher Lundy, 1369 Tatra Drive Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Christopher Lundy, 1369 Tatra Drive, joined the electronic meeting via audio connection to express concerns regarding development on the waterfront and in close proximity to the nuclear power plant. Mr. Lundy noted that many residents in the area were in opposition to the application, and that there were numerous lawn signs erected requesting that the City reject the application and save the waterfront. 4.5 Ainsley Perez, Pickering Resident Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Ainsley Perez, Pickering Resident, joined the electronic meeting via audio connection to express concerns regarding the application. Ms. Perez stated that the Pickering waterfront is her favourite place in Pickering, and that she has many treasured memories at Liverpool Beach. She expressed concerns with the application, noting that it would have a devastating impact on the environment and wildlife, that it would increase traffic and be dangerous for pedestrians, and that it would be too close to the nuclear power plant. She noted that if the false alarm that occurred at the nuclear power plant a few months ago had been a real emergency, safely evacuating all of the residents from the surrounding area would 5 -48- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner have been extremely difficult. Ms. Perez noted that the beach is a place for people to relax and connect with nature, and that she would like the waterfront to be kept as it is for future generations to enjoy. 4.6 Yvonne Polonsky, 714 Fairview Avenue Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Yvonne Polonsky, 714 Fairview Avenue, joined the electronic meeting via audio connection noting that her concerns with the application have generally been addressed by the City's Report, but that she would like to reiterate her concerns with traffic, and the negative effects on wildlife. Ms. Polonsky noted that her family enjoys boating, and that the development would spoil the view and increase traffic. She expressed further concerns regarding access for emergency vehicles. 4.7 Eileen Higdon, 852 Fairview Avenue Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Eileen Higdon, 852 Fairview Avenue, joined the electronic meeting via audio connection to support the City's decision to refuse the application. Ms. Higdon expressed disappointment that this meeting was brought forward in the summer months, and during the COVID-19 pandemic, and requested that future meetings be held outside of these conditions. Ms. Higdon noted that there was no mention of the nuclear exclusion zoning in the Report, and expressed concern regarding a lack of transparency in the process. Members of Committee advised Ms. Higdon that the nuclear exclusion zone had been included within the Report, and that there were no current or future plans to amend the nuclear exclusion zone. 4.8 John Foster, Vice President, Pickering Naturalists Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) John Foster, Vice President, Pickering Naturalists, joined the electronic meeting via audio connection to extend support for the refusal motion and noted that this is 6 -49- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner the correct decision for the waterfront. Mr. Foster noted that the Pickering Naturalists are not opposed to development, if it is well planned and cited for intensification in the correct areas. He expressed concerns relating to the proposed buildings being out of character for the Bay Ridges area and that the development would intrude into the exclusion zone of the Pickering Nuclear Generating Station. Mr. Foster provided some suggestions for uses for this area, including maintaining the current zoning to prohibit large buildings in the area, the 30 metre buffer in Frenchman's Bay, and the 120 metre setback from the shoreline of Lake Ontario. He expressed concerns relating to the need for the removal of invasive plants and the protection of wildlife in the Frenchman's Bay Provincially Significant Coastal Wetland Complex, and heavy erosion occurring along the spit due to the high water levels of Lake Ontario, and requested that the City focus efforts to restore the waters of Frenchman's Bay. Mr. Foster requested that the City of Pickering maintain ownership of 505 Liverpool Road in perpetuity, and on behalf of the Pickering Naturalists, thanked the City for their refusal of the application. 4.9 Thomas Park, 721 Cortez Avenue Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Thomas Park, 721 Cortez Avenue, joined the electronic meeting via audio connection to express his concerns regarding the application. Mr. Park noted that he has been a resident of Pickering for 36 years, and that he has seen many changes, but is concerned about a developer using this unique area for financial gain. He noted that this is a unique area to see wildlife in their natural habitat, and that once this is gone, it will be lost forever. He noted that there have been many studies conducted on Frenchman's Bay and the importance of maintaining and protecting the Bay and that it should be protected by the zoning laws. Mr. Park outlined many programs that illustrate a community and larger culture created to save the waterfront for wildlife, residents and tourists, and that condos would only reduce access to the waterfront. He noted additional concerns regarding the height of the proposed building, that the infrastructure does not support development of this magnitude, the lack of public transit in the area, and that there are other similar opportunities for development in the area that would not impact the waterfront. Mr. Park further noted that the Ontario Power Generation does not support this development, as it is in the nuclear exclusion zone. He commented that it was unfortunate that this occurred during the COVID-19 pandemic, as residents were unable to reach out to the larger community, and he believes that there would have been a larger opposition group. Mr. Park thanked the City for Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner their professional report and urged Members of Committee to accept the recommendations and support the City in the event of an LPAT appeal. 4.10 Mike Pettigrew, The Biglieri Group Ltd. Re: Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 - Pickering Harbour Company Ltd. - (591 Liverpool Road) Mike Pettigrew, The Biglieri Group Ltd., representing Pickering Harbour Company Ltd., joined the electronic meeting via audio connection. Mr. Pettigrew noted that the current proposal represents significant changes, and that he was disappointed in the recommendation for refusal. He stated that the property has been privately owned by the Pickering Harbour Company for generations, and that they would like to develop the asset to their benefit. A question and answer period ensued between Members of Committee and Mr. Pettigrew regarding: • the land ownership and the ability for the public to access and use these lands; • ownership of the dockominiums and the Yacht Club and whether these are rental or purchased properties; • access to the water that is granted through easement by the applicant; • the inability to build in the nuclear exclusion zone, and whether this precludes planning for future development within this zone; • the possible review of the safety case of the nuclear exclusion zone; • whether this application was initiated by the Pickering Harbour Company or the City; and, • the nuclear power plant decommissioning plan and whether decommissioning could allow for a change to the exclusion zone as it relates to future development, or if the change to the zone would have to wait until the cease of plant operations. 5. Planning & Development Reports It was the consensus of the Committee to hear Item 5.2 at this time. 5.2 Director, City Development & CBO, Report PLN 13-20 Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19 Pickering Harbour Company Ltd. - (591 Liverpool Road) 8 - 51 - Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner Members of Committee thanked Staff for a well-written and comprehensive report, for listening to the community, and thanked residents for their input. It was acknowledged that this had been a long, hard process for the community who had been diligent in their efforts to oppose this and other recent applications in the area in an effort to protect the waterfront. A question and answer period ensued regarding the nuclear exclusion zone, with Cathy Rose, Chief Planner, advising Members of Committee that there are no provisions under the Planning Act to request a variance to make changes to a nuclear exclusion zone. Additional questions were raised pertaining to the TRCA's request for the applicant to complete a Shoreline Hazard Report. With leave of the Chair, Deputy Mayor Ashe read a statement from Mayor Ryan who was unable to attend the meeting due to medical reasons. In his statement, Mayor Ryan noted his support for the refusal of the application, and that he was aware of the opposition from the community, and wanted residents to be assured that their input was welcomed. He further noted that the request put forward by Council to reject the application in advance of the Planning Report was not supported by the majority of Council, and that the subsequent claims by the public that this meant that the application was endorsed, were false. Mayor Ryan noted that the City met its legislated duty to afford the application due process, which demands a thorough review and analysis by the City's professional planners, including public notification and participation, and that if this application finds its way to LPAT, the City can take comfort knowing that due process had been followed and the City can vigorously defend its decision. Mayor Ryan thanked the residents for allowing the planning process to unfold, and noted that together, they would ensure that the waterfront remains a healthy, beautiful, sustainable, and dynamic destination for the community. Discussion continued regarding the refusal recommendation and its merits being based on sound planning principles, the planning process, as set out by the Province, and the importance of allowing the process to unfold in the event of an appeal. Members of Committee noted the number of comments that had been received regarding the proposal stating that most comments were cordial, but expressed concerns regarding some of the negative, disrespectful and defamatory comments that had been made and the manner in which they were portrayed noting the disservice such comments provide to the greater community. Recommendation: Moved by Councillor McLean Seconded by Councillor Cumming 9 - 52 - Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner 1. That Official Plan Amendment Application OPA 19-001/P and Zoning By-law Amendment Application A 05/19, submitted by Pickering Harbour Company Ltd. to facilitate the development of a mixed-use development consisting of two 15 -storey condominium apartment buildings located on lands municipally known as 591 Liverpool Road be refused; and, 2. That if the applications are appealed to the Local Planning Appeal Tribunal, that Council authorizes City staff, its outside legal counsel and outside experts in the fields of planning, transportation, environmental, urban design and other specialties, as may be required, to present and defend Council's position on Official Plan Amendment Application OPA 19 001/P and Zoning By-law Amendment Application A 05/19, submitted by Pickering Harbour Company Ltd. Carried Unanimously on a Recorded Vote 5.1 Director, City Development & CBO, Report PLN 12-20 The Municipal Comprehensive Review of the Durham Regional Official Plan: - Transportation System Discussion Paper, October 2019 Kyle Bentley, Director, City Development & CBO, provided a brief overview of Report PLN 12-20, noting that this is one of 6 discussion papers circulated to stakeholders for comments and that these comments would inform the Region of Durham's Municipal Comprehensive Review of the Durham Regional Official Plan. Mr. Bentley further noted that comment deadlines for this Review have been extended due to the COVID-19 pandemic. Mr. Bentley responded to questions from Members of Committee pertaining to the status of a high frequency service on the CPR Havelock railway line including both Metrolinx and VIA Rail Stations, noting that Staff are currently engaged in discussions with Metrolinx and the Region. Cathy Rose, Chief Planner, noted that the Region of Durham has been requested to support Pickering's interest in establishing a VIA rail stop at the Pickering GO station and that the Region of Durham is arranging a meeting regarding an additional rail stop on the CN line. Fiaz Jadoon, Director, Economic Development & Strategic Projects, provided further details, noting that the City is committed to working with the Region of Durham on this proposal, and that there are currently two proposals for consideration — a VIA rail station in partnership with Metrolinx at the existing GO station in Pickering, or the City and the Region of Durham establishing a high 10 -53- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner speed rail link on the Havelock line. Mr. Jadoon noted that a Report would be coming to Council regarding this partnership in the Fall 2020. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. Beyond the "In Delivery" and "In Development" transit projects, City staff identifies the following transit projects that would assist in attracting transit riders and transit supportive development: a) the establishment of the Whites Road Priority Bus, extending from the Pickering GO Station along Bayly Street to Whites Road to Highway 7 (and providing connections to lands in Seaton designated high density residential and Community Node, and to lands in the Seaton Innovation Corridor); b) the implementation of light rail transit along Kingston Road; and, c) the extension of GO rail service to Seaton. 2. Staff recommends that the Region only designate Regional Corridors adjacent to the arterial road corridors that are part of the High Frequency Transit Network; 3. Staff recommends that Transit Oriented Development policies and guidelines for Strategic Growth Areas (SGA) be tailored to the planned level of transit service, providing there is sufficient flexibility at the area municipal level to respect the local context of the specific SGA; 4. Staff supports the development of strategic and transportation -related policies in furtherance of Transit Oriented Development in Major Transit Station Areas, similar to those currently applied to Regional Centres; 5. Staff advises that a key issue that needs to be addressed to increase ridership from transit -supportive development is to allow closer traffic signal spacing to facilitate pedestrian crossings; 6. Staff supports the designation of additional Transit Hubs in the Regional Official Plan, corresponding with designated or future Urban Growth Centres, Regional Centres, or Major Transit Station Area, and providing there is City 6h DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner sufficient flexibility at the area municipal level to respect the local context of the specific location; 7. Staff advises that when assessing new development, and reconstructing or building new public roads, new Regional Official Plan policies that would better support planning for all road users include: a) policies indicating that a "complete street" includes the provision of sidewalks/multi use paths, boulevard planting and street lighting, and that it is a Regional responsibility to provide the pedestrian/cycling, planting and street lighting components of a complete street on Regional roads; b) policies allowing closer entrance and intersection spacing along arterials; and c) policies allowing closer traffic signal spacing along arterials to assist pedestrian crossings, and in keeping with transit -supportive development; 8. Staff advises that the Regional Official Plan could recognize or plan for enhanced trail connections through areas such as hydro corridors, by including: a) an informational map in the Regional Official Plan showing existing cycling and pedestrian trail networks, identifying gaps and opportunities; and, b) a policy encouraging stakeholders (such as the area municipalities, conservation authorities, cycling and trail associations and committees, etc.) to collaborate with the Region to pursue new cycling/trail connections. 9. Staff supports incorporating into the Regional Official Plan future right-of-way width requirements for specific segments of arterial roads, particularly those sections within or adjacent to Strategic Growth Areas, as this may assist with development application review and Class Environmental Assessments (Class EA); 10. Staff advise that it is appropriate that the Regional Official Plan address using an integrated Class EA and Planning Act process in new growth areas to optimize the alignment and design of arterial roads as the combined processes would allow for a comprehensive evaluation, reduce duplication in meeting Provincial requirements, and expedite development; 11. With regards to the Region continuing its support for carpooling, staff recommends the Region: 12 -55- Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner a) play a larger role in the provision of purpose-built commuter lots beyond the Small Urban and Rural Carpool Lot Program to implement commuter lots along major arterial roads and highways; b) continue its role engaging with area municipalities and businesses to promote carpooling programs in key destinations that provide connectivity to transit and active transportation networks both within and between municipalities in the GTHA; and, c) seek the use of more social media tools and real-time information to facilitate user participation and parking availability to enhance the effectiveness of carpool programs; 12. Staff identifies that the potential implications of emerging technologies on the Region's transportation system may include: a) opportunities to adapt existing infrastructure to improve mobility options, such as taking away a vehicular lane and reallocating it for cyclist and pedestrians; b) continued transformation and impacts to industry, labour, and consumer behaviour, and the resulting changes in travel patterns; c) increased demand for secure, reliable and widespread broadband infrastructure across the Region so that the many technologies (such as on -demand travel options for Uber or Lyft, car and bike sharing, etc.) are available to all; d) reduced individual auto use and ownership, and decreased share of transit users as users take advantage of the increase in fast, flexible, and convenient mobility options; e) an increasing need for well connected and integrated physical transportation infrastructure so that users can easily transfer between transportation services and modes; and, f) increased disparity between lower and higher income communities, as many of the emerging technologies may be more expensive than traditional public transportation (since they require the use of a smart phone and internet connection). Cty oh DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner 13. Staff recommends that, in addition to supporting the Regional economic role of the ports, the Regional Official Plan also include a policy about the importance of maintaining the safety, security, and environmental protection of these waterfront employment lands to ensure the long-term use of the lands and future expansions or redevelopment, as necessary; 14. Staff recommends that supporting the Strategic Goods Movement while preserving a complete streets approach include design standards that not only best manage the movement of goods (e.g., implementing street elements for loading and deliveries, traffic calming, off -hour delivery programs), but also supports Durham Vision Zero to mitigate pedestrian/cyclist and freight conflicts; 15. Staff suggests the Region consider introducing an electric mobility strategy in relation to infrastructure, land use, and goods movement strategies as part of the Transportation System; 16. The Region is requested to assist Pickering in: a) working with VIA Rail and Metrolinx to implement high frequency service on the CPR Havelock rail line; and, b) identifying the appropriate location for a VIA Rail station along the CPR Havelock rail line within, or in proximity, to the Federal Pickering Lands as part of the transportation system component of Envision Durham. 17.The Region is requested to support Pickering's interest in establishing a VIA Rail stop at the Pickering GO Station to help increase higher order transit connections to and from the Region. Carried 5. Other Business 5.1 Councillor McLean gave notice that he would be bringing forward a Notice of Motion to the July 27th Council meeting pertaining to the creation of a land use and visioning study for the nautical village. 5.2 Councillor Butt gave notice that he would be bringing forward a Notice of Motion to the July 27th Council meeting pertaining to the use of barbecues in City parks. Cts DICKERING Planning & Development Committee Meeting Minutes July 13, 2020 Electronic Meeting — 7:00 pm Chair: Councillor Brenner 6. Adjournment Moved by Councillor Cumming Seconded by Deputy Mayor Ashe That the meeting be adjourned. Carried The meeting adjourned at 9:26 pm. HOUSE OF COMMONS C14AMBRE DES COMMUNES CANADA June 25, 2020 The Honourable Chrystia Freeland Privy Council Office Room 1000 85 Sparks Street Ottawa, Ontario K1A 0A3 Dear Deputy Prime Minister Freeland, Corr. 31-20 We are writing to you, in our capacity as Members of Parliament representing ridings in the Regional Municipality of Durham, in regards to the Region's federal funding priorities. The COVID-19 pandemic has reshaped the delivery of public services by all levels of government. Durham Region was no exception and they had to adapt with new, innovative measures to ensure that workers, businesses and families are well protected. As an example, the Region of Durham partnered with local child-care operators and home child-care agencies in Pickering, Ajax, Whitby, Oshawa, Clarington and Uxbridge to offer free emergency child care for the children of front line and essential workers. To support unsheltered residents, the Region of Durham also worked with community partners to open the In/Out of The Crisis (IOTC) program at Camp Samac in Oshawa, Ontario. The facility served as a temporary location to provide shelter for the homeless and is staffed 24 hours a day, seven days a week, with appropriate physical distancing measures and security to protect vulnerable residents. These are just a couple of the programs the Region of Durham has been able to offer it's residents. Unfortunately, the Region of Durham is currently facing a $40.5 million shortfall as a result of COVID-19 related expenditures. To contain this impact, they've worked to build community resilience and create a Regional Recovery Plan with opportunities to work in partnership with the federal government. In addition to their support of the Federation of Canadian Municipalities (FCM) request for $10 billion in funding to be distributed to municipalities across Canada for emergency operations, Durham Region's policy priorities for federal partnership include: 1 -59- • Transit Infrastructure: The Region is requesting that federal and provincial governments expedite the approval of Investing in Canada Infrastructure (ICIP) projects. • Supportive Housing: The Region is looking to partner with the federal government to develop innovative housing solutions and enhance existing programs to support unsheltered residents. • Broadband Infrastructure: COVID-19 has highlighted the critical importance of universal broadband infrastructure. Durham Region is looking to partner with the federal government to access funding in support of their Broadband Strategy to bridge the digital divide in Durham. • Environmental Sustainability: Durham Region is urging the federal government to implement the zero -interest home retrofit loan program in 2020, and are looking to partner on the Durham Forest Centre for Innovation and Resilience. Further information and specific details regarding their funding priorities are found in the attached report. We'd also note that these four priorities align strongly with our government's core policy agenda. Supporting transit and housing infrastructure, as well as implementing universal broadband coverage by 2030 and protecting our environment from the devastating effects of climate change have been major policy areas of focus over the past five years. As Durham Region Members of Parliament, we support these funding requests, and urge you work in partnership with the Region to deliver on our shared commitments to Canadians. Yours Sincerely, Hon. Mark Holland MP, Ajax CC: Jennifer O'Connell MP, Pickering -Uxbridge John Henry, Regional Chair, Region of Durham Elaine Baxter-Trahair, CAO, Region of Durham Durham Regional Council 2 -60- Ryan Turnbull MP, Whitby HOUSE OF COMMONS C1IAMBR£ DES COMMUNES CANADA June 25, 2020 The Honourable Catherine McKenna Minister of Infrastructure and Communities 180 Kent Street Suite 1100 Ottawa, Ontario KIP OB6 Dear Minister McKenna, We are writing to you, in our capacity as Members of Parliament representing ridings in the Regional Municipality of Durham, in regards to the Region's federal funding priorities. The COVID-19 pandemic has reshaped the delivery of public services by all levels of government. Durham Region was no exception and they had to adapt with new, innovative measures to ensure that workers, businesses and families are well protected. As an example, the Region of Durham partnered with local child-care operators and home child-care agencies in Pickering, Ajax, Whitby, Oshawa, Clarington and Uxbridge to offer free emergency child care for the children of front line and essential workers. To support unsheltered residents, the Region of Durham also worked with community partners to open the In/Out of The Crisis (IOTC) program at Camp Samac in Oshawa, Ontario. The facility served as a temporary location to provide shelter for the homeless and is staffed 24 hours a day, seven days a week, with appropriate physical distancing measures and security to protect vulnerable residents. These are just a couple of the programs the Region of Durham has been able to offer it's residents. Unfortunately, the Region of Durham is currently facing a $40.5 million shortfall as a result of COVID-19 related expenditures. To contain this impact, they've worked to build community resilience and create a Regional Recovery Plan with opportunities to work in partnership with the federal government. In addition to their support of the Federation of Canadian Municipalities (FCM) request for $10 billion in funding to be distributed to municipalities across Canada for emergency operations, Durham Region's policy priorities for federal partnership include: 1 - 61 - • Transit Infrastructure: The Region is requesting that federal and provincial governments expedite the approval of Investing in Canada Infrastructure (ICIP) projects. • Supportive Housing: The Region is looking to partner with the federal government to develop innovative housing solutions and enhance existing programs to support unsheltered residents. • Broadband Infrastructure: COVID-19 has highlighted the critical importance of universal broadband infrastructure. Durham Region is looking to partner with the federal government to access funding in support of their Broadband Strategy to bridge the digital divide in Durham. • Environmental Sustainability: Durham Region is urging the federal government to implement the zero -interest home retrofit loan program in 2020, and are looking to partner on the Durham Forest Centre for Innovation and Resilience. Further information and specific details regarding their funding priorities are found in the attached report. We'd also note that these four priorities align strongly with our government's core policy agenda. Supporting transit and housing infrastructure, as well as implementing universal broadband coverage by 2030 and protecting our environment from the devastating effects of climate change have been major policy areas of focus over the past five years. As Durham Region Members of Parliament, we support these funding requests, and urge you work in partnership with the Region to deliver on our shared commitments to Canadians. Yours Sincerely, Hon. Mark Holland MP, Ajax CC: Jennifer O'Connell MP, Pickering -Uxbridge John Henry, Regional Chair, Region of Durham Elaine Baxter-Trahair, CAO, Region of Durham Durham Regional Council 2 -62- Ryan Turnbull MP, Whitby Corr. 32-20 From: Jake Farr Sent: Tuesday, July 7, 2020 12:43 AM Subject: Request for By -Law change July 7th, 2020 To Deputy Mayor and City of Pickering Councillors On October 8th, 2019 I sent corresponded to the City of Pickering Clerk's office asking the City of Pickering to change the current By-law to replace or include a respectful statement to acknowledge the land of our First Nations Indigenous People as a place where the City engages in its work. Between that date and October 25th, 2019 I had correspondence by email and verbally with Councillor Brenner and Susan, from the City Clerk's office regarding this. I was asked by Susan to let the Cultural Advisory Committee finish working on this as they had apparently started to investigate land acknowledgement and were supposed to bring it to council who could then motion to have staff to look into it. This was also premised that Culture Advisory Committee wanted to ensure the acknowledgement was meaningful and honorable to our First Peoples. Through Councilor Brenner I understood that this would be brought forward in the first quarter of 2020. I have listened to the June 29th, 2020 council meeting and I stand with Councilor Brenner that this has been dragging on far too long. Our National Truth and Reconciliation act has been in the works since 2015. Why has it taken until 2019 for this to be even brought forward to consider working on this? Why was there no push to start our relationship building with our First People of the area years ago, so we could have built the relationship that Tanya Rice indicated is needed in order to ensure we are speaking the land acknowledgement with meaning and honour? For cities and regions that have felt unready for a land acknowledgments there has been space given before meetings to have a moment of silence to allow those present to acknowledge the land in their own way. Why has this not even been adopted? Silence does not need approval, it allows for free acknowledgement. As a guiding note, silence would absolutely need to be separate from the ending of the invocation that is read at the beginning of council meetings. Having it follow this would be making it look like it was an extension of the prayer. As well, why is it we still have a prayer? Was community consulted to make it an inclusive invocation? Has it been updated and reviewed by the Culture Advisory Committee? I feel the City is running far behind in their Inclusion and Equity and are in need of some fast paced fulsome work. We have fallen far behind and continue to fall further behind other cities in this area and yet we are toted as a fast growing progressive city. We are fast becoming unprepared to meet the needs of our residents and City staff. It is up to the leaders, this Council and City staff to drive Inclusion and Equity with the support and voice of all stakeholders, particularly with voices from those who are systemically marginalized and oppressed. This is not what is happening in the City of Pickering. To hear that we are still at least a half a year away from budget money in this area is a sad reality that true commitment has not been a priority for this city. Other Durham cities have had Inclusion and Equity departments for years. And we are just starting the process? I am asking you, in the minimum, to change the By -Law to a silent acknowledgment of the land we live on, until the Land Acknowledgment wording can be done and relationships built as per how Tanya Rice indicates it needs to be done. If we have to wait for the Mayor to do this relationship building, it may take years now that we are needing and should be acknowledging our systemic racism with the City frame work which will take substantial time and effort on all parties. Thank you Regards Jake Farr MSW, RSW Pronouns (He/Him/His) Mental Health Counsellor/Psychotherapist Authentic Self Counselling Services 416-678-2340 www.authenticselfcs.com https://www. psychologytoday.com/ca/therapists/on/pickering/358643?sid=5c77ecbd25423&ref=5&tr=Result sPhoto https://www.facebook.com/authenticselfcs/ / am honoured to acknowledge that 1 work,play and live on the lands of the Mississaugas of Scugog Island First Nation, which is covered under the Williams Treaties. Situated on the traditional territory of the Mississaugas, a branch of the greater Anishinaabeg Nation, which includes Algonquin, Ojibway, Odawa and Pottawatomi. DURHAM REGION The Regional Municipality of Durham Corporate Services Department Legislative Services 605 Rossland Rd. E. Level 1 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Don Beaton, BCom, M.P.A. Commissioner of Corporate Services Corr. 33-20 July 7, 2020 Anita Longo, Executive Assistant Durham Regional Police Services Board 605 Rossland Road East Box 911 Whitby, ON L1 N OB8 Dear Ms. Longo: RE: Reconvening the Body -Worn Camera (BWC) Team, Our File: C12 Council of the Region of Durham, at its meeting held on June 24, 2020, adopted the following recommendations: "Whereas Body -Worn Cameras (BWC) have been adopted by a growing number of police services across the country and the world; widely seen as a real benefit to public trust, transparency, accountability and accuracy, and have been useful in determining what exactly has taken place during confrontations between officers and civilians, aiding in building positive relations with the communities they serve; and Whereas recent hate -filled and brutal displays of anti -Black racism have resulted in preventable deaths and revived community outcry for more oversight and accountability for officers and police services; and Whereas on June 17, 2020 the Parliamentary Black Caucus urged all levels of government to act immediately to eliminate the barriers to access to justice and public security for Black Canadians and Indigenous people, including requiring all on -duty police officers in contact with the public to wear BWCs; and Whereas Toronto Police Chief Mark Saunders has said he will fast- track body cameras for all front-line officers within the Toronto Police Service (TPS) due to recent events; and Whereas Durham Regional Police Service (DRPS) conducted a year-long BWC pilot from June 2018 to June of 2019, using officers from two units in West Division, Regional Traffic Enforcement and members from the Festive R.I.D.E team; and Whereas approximately 80 officers were outfitted with cameras during the pilot, resulting in 26,600 videos being collected - of which If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. -65- Page2of3 52 per cent were categorized as evidence and about 30 per cent have been or will be used in criminal and provincial offences trials - and the project manager has said that "I don't think we've seen very much resistance at all - and the officers fairly quickly got comfortable with the technology", yet no formal recommendations or go -forward plans have been presented to DRPS Board; and Whereas on April 21, 2020, DRPS informed their Board that the BWC study was on hold due to the pandemic, and all officers were sent back to their original deployments, further delaying a decision; Therefore be it resolved that to be responsive to the needs of our community, the Durham Regional Police Services Board (Board') be requested to reconvene the Body -Worn Camera (BWC) team effective immediately; and That Regional Council request the DRPS Police Services Board, at the earliest possible opportunity, to consider BWC implementation, which shall include funding requirements to start phasing in the procurement and outfitting of front-line officers with cameras to eliminate subjectivity in civilian and police interactions; and That Regional Council requests the Board present a delegation to Regional Council by September 2020, or as soon thereafter as is reasonably possible, including a timeline and budget to address this need at the earliest opportunity; and That the presentation include an update by the Board regarding the DRPS officer training plan, addressing how officers are trained to handle mental health distress and de-escalation techniques, specifically within the Black and Indigenous community; and That this motion be circulated to the DRPS Board, and all Durham municipalities." 2c h'Wc ta-w Ralph Walton, Regional Clerk/Director of Legislative Services RW/ks c: Nicole Cooper, Clerk, Town of Ajax Becky Jamieson, Clerk, Township of Brock Anne Greentree, Clerk, Municipality of Clarington Page 3 of 3 Mary Medeiros, Clerk, City of Oshawa Susan Cassel, Clerk, City of Pickering John Paul Newman, Clerk, Township of Scugog Debbie Leroux, Clerk, Township of Uxbridge Chris Harris, Clerk, Town of Whitby -67- NI DURHAM REGION The Regional Municipality of Durham Office of the Regional Chair 605 Rossland Rd. E. PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 durham.ca Corr. 34-20 Sent Via Email June 8, 2020 Dear: Mayor Tory RE: Brock West Landfill, City of Pickering, Regional Municipality of Durham The City of Toronto's Brock West Landfill, now closed, is located in the City of Pickering, the Region of Durham and immediately south- east of the Seaton community, a provincially designed plan for up to 70,000 residents and approximately 35,000 jobs. The Seaton community development plan included an arterial road alignment along the southern boundary of the landfill site. The design of that roadway and underground infrastructure included the replacement of a number of monitoring wells and a barrier to ensure the Regional infrastructure does not contribute to the existing off-site migration of contaminants. At a recent Works Committee meeting a Regional Councillor inquired about the current status of the Brock West Landfill site in terms of the implementation of a remediation plan. We are aware an extensive study of this site has been completed by the City of Toronto in consultation with the Ontario Ministry of the Environment, Parks and Conservation, and that a Remediation Action Plan has been developed. The Councillor also asked staff to inquire with the City of Toronto about future plans for the site in terms of rehabilitation and possible passive uses. I would greatly appreciate an update on both plans for remediation and land use so I can share it with members of Regional Council. Sincerely Regional Chair and CEO If you require this information in an accessible format, please contact accessibility(a�durham.ca at 1-800- 372-1102 ext. 2009. -68- e4 „C DICKERING Corr. 35-20 CAO 28-20 `-(f--- Memo To: Deputy Mayor Ashe and July 10, 2020 Members of Council From: Marisa Carpino Interim CAO Copy: (Acting) Director, Community Services Director, Human Resources Supervisor, Cultural Services Subject: Anti -Black Racism Strategy - Summary File: A-1200-007 Further to my comments at the Council meeting of June 29th regarding staff's plans to address issues of Racism, Diversity and Inclusion within Pickering, please find below a summary of this three pronged approach. 1. Diversity & Inclusion Plan Subject to Council's approval of the 2021 Current Budget, the City of Pickering will create and implement a Diversity and Inclusion Plan in 2021. The City of Pickering is a growing community, rich in diversity. The demographic changes Pickering has experienced will be compounded with the future grown of Seaton. Municipalities, such as ours, must recognize the importance of creating a Diversity and Inclusion Plan to ensure that the needs of our diversifying community are understood and met. Diversity and inclusion relates to matters of multiculturalism, accessibility, economic status, gender, sexual orientation, health and age. The Plan will be invaluable in meeting the needs of our residents and removing barriers for their full participation. The strategic framework of the Plan will include the development and implementation of diversity and inclusion practices in the City of Pickering: • Employment opportunities and practices (recruitment, hiring, training); • Programs and services (delivery models); • Community and civic engagement; and • Neighbourhood strengthening initiatives. The 10 -year Plan will identify recommendations to ensure all residents have access to employment opportunities, programs, services and feel welcomed in Pickering. It is important that all our residents are assured inclusivity, access and representation in the way we conduct business. This is a City staff led initiative. -69- 2. Hire a Consultant A corporate City staff team has been assembled since February 2020 to prepare an RFP to secure the services of a consultant who can assist the City with the completion of the Diversity and Inclusion Plan. This approach is very important as it provides for an unbiased assessment of the City's organizational and operational practices by an independent third party consultant. This consultant will consider global and nation-wide best practices, personal accounts/perspectives from staff and customers/residents (through a robust consultation program), and identify the gaps making recommendations for necessary corporate changes. The Diversity and Inclusion Plan has been included within the most recent version of the City's Development Charges (DC) background study. Subject to Council's approval of the 2021 Current Budget, staff will proceed to award the RFP after engaging in a competitive procurement process in 2021. 3. Pickering Anti -Black Racism Taskforce At their advisory committee meeting of June 16, 2020, the Cultural Advisory Committee (CAC) discussed what should be done in Pickering to effect positive change for black residents in light of recent incidents and the anti -black racism movement. Members of the CAC felt that they were uniquely positioned to take this on and supports the striking of a Pickering Anti -Black Racism Taskforce. As per the CAC, this taskforce is envisioned to be comprised of representatives of the black community in Pickering, as well as relevant stakeholders and community leaders. The CAC, with the support of designated City staff, will prepare the terms of reference for this taskforce to include committee composition, selection and recommended areas of focus. Community Services staff will bring this information back to Council, for their consideration and approval, by way of a report anticipated for the August 10, 2020 Executive Committee meeting agenda. The Pickering Anti -Black Racism Taskforce will be a community driven initiative where City staff will act as a liaison providing operational and organizational support. The City's planned three pronged approach to identify and address anti -black racism in our community, through both a corporate perspective (which focuses inward on our organization) and a community perspective (which focuses outward on our community), is anticipated to provide robust and comprehensive outcomes. This summary of the City's planned three pronged approach will form part of staff's report anticipated for the August 10, 2020 Executive Committee meeting agenda; thereby, becoming part of the public record. :mc July 10, 2020 Page 2 of 2 Anti -Black Racism Strategy - 70 - Corr. 36-20 From: paul white Date: July 21, 2020 Subject: after hours response for by-law enforcement Attn. Clerk's Office and members of Council; I have tried to use the after hour emergency response number twice,(905-683-7575) as I was led to believe that it would get immediate response to complaints on week -ends and after normal working hours. This is in direct response to the overwhelming success of the Frenchman's Bay West Rotary Park beach area along Beachpoint Promenade, and beach area in Cliffview Park, at Cliffview Rd. and Park Cres. Our Association and members have been monitoring the use of these areas from late June through July. On both occasions, after registering my complaint, I got a very nice recorded message from a City employee the next day, saying they received the complaint and will refer it to the proper Department. This seems to be an exercise in futility. We need on-call employees that can respond as soon as possible, to the scope of complaints; cars parked both sides of streets, leaving one lane open for cars and pedestrians; cars parked late into the evening, returning to cars swearing, yelling, dropping beer cans, bottles and litter on properties. July 1- setting off large fireworks on beach and leaving behind a mess of garbage, beer cans, food wrappers, and in the firepit a destroyed TRCA sign about not riding your bike across the bridge, therefore vandalism. I receive this information from the residents of Fairport Beach as we have our own webpage and reasonable communications. In summation, it has been a most unusual year, and people want to come down to the waterfront. Cars are coming from far and wide places.The number of vehicles on weekends have far exceeded the available parking spots. Our side streets are jammed on Westshore, Surf, Park, and Cliffview. It should not be too difficult to have an after hour phone number to be connected to a by-law person who is available to respond within a reasonable time frame the same evening. I am available to discuss this issue with you at any time if you would have questions, and would appreciate being advised if and when it may be discussed before Council. Paul White - President, Fairport Beach Neighbourhood Association - 71 - Kagan Shastri"`� LAWYERS July 22, 2020 By email Hon. Steve Clarke, Minister of Municipal Affairs and Housing Ministry of Municipal Affairs and Housing 777 Bay Street, 17TH Floor Toronto, Ontario M5G 2E5 Dear Minister Clarke, Corr. 37-20 IRA T. KAGAN Tel. 416.368.2100 x 226 Direct Fax: 416.324.4224 ikagan@ksllp.ca File: 15176 Re: LANDOWNER OPPOSITION TO MZO REQUEST FOR NORTH EAST PICKERING — VERAINE I represent a number of landowners in North East Pickering, which are the lands being referred to as Veraine. My clients strongly object to the request put forward by the City of Pickering, at the request of Dorsay Developments (Dorsay Pickering Limited) for a Minister's Zoning Order ("MZO") for Veraine. That MZO request incudes lands owned by my clients. This request for an MZO did not originate through a public process. The MZO was spearheaded by Dorsay Pickering Limited who requested the MZO at a meeting of Pickering Council on June 29, 2020. My clients reviewed the recording of that City Council meeting and were surprised to see Council being told by Dorsay's lawyer Ms. Katarzyna Sliwa from Dentons LLP, that "the Regional Chair has expressed support for Veraine, as has the Province through Ministers Bethlenfalvy and Phillips." Based on conversations my clients have had with both Regional Chair Henry and Minister Phillips, I am advised that this is a misrepresentation of the positions taken and as such, is misleading. To be clear, I am not suggesting that Ms. Sliwa knowingly mislead City Council; rather it is likely that she was acting on information provided to her by others. I understand that the Regional Planning Commissioner, Brian Bridgeman, has since sent a letter to you dated July 9, 2020 which opposes the MZO request. Moreover, I am advised by my clients that Pickering City Councillors had been advised by Dorsay that the landowners within the MZO were made aware of the forthcoming request for the MZO and that there was a strong level of support from all the landowners. From the perspective of my clients at least, this is not true. I am advised by my clients that they were not advised in advance of the MZO neither were they consulted on it. Dorsay does not own all of the lands which are the subject of the MZO request. According to Dorsay's document "Why Veraine", they own 23% (961 ac) of the total 4,063 ac included in the MZO request. The balance of the lands are owned by approximately 147 other landowners, which include my clients. 188 Avenue Road, Toronto, Ontario, Canada M5R 2J1 T. 416.368.2100 F742.368.8206 1 ksllp.ca I am advised by my client that they were completely shocked to see, for the first-time last week, all of the additional materials which Dorsay used in support of the MZO request. I am advised that this includes a 166 -page Master Plan, a 92 -page Planning Rational report, and 100 -page Veraine Environmental Conditions Report, among other documents. I am further advised by my clients that when they spoke with Dorsay about this and enquired how the environmental limits and features were determined for the properties, Dorsay said that they had consulted aerial photography. In my client's opinion this is contrary to the normal planning process which requires extensive field investigation to be completed. My clients believe that this substandard methodology raises real questions about the validity of the material filed in support of the MZO. My client's believe that it is entirely inappropriate and not good planning for one landowner to effectively rezone another's lands through an MZO without first consulting fully with those other landowners and having their clear consent. This is absent in the case of Veraine MZO. Accordingly, my clients respectfully request that you not proceed with the MZO request for Veraine. Thank you Yours very truly, Ira T. Kagan a(7- -eza.-- cc. Mr. Jamie Wallace Premiers Office, Chief of Staff The Honourable Peter Bethlenflavy, President of Treasury Board, MPP Pickering -Uxbridge The Honourable Rod Philips, Minister of Finance, MPP Ajax Regional Chair Henry and Members of Durham Region Council Mayor Ryan and Members of Pickering Council Page 2 -73- Cfy ot DICKERING Report to Council Report Number: CLK 01-20 Date: July 27, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Status Update - Ward Boundary Review - Adoption of Revised Terms of Reference - File: A-1440 Recommendation: 1. That Report CLK 01-20 regarding a Status Update on the City of Pickering Ward Boundary Review and adoption of a Revised Terms of Reference be received; 2. That the Revised Terms of Reference, appended as Attachment #1 to CLK 01-20, be approved; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report Executive Summary: On December 16, 2019, through Resolution #187/19, Council adopted Terms of Reference to initiate a Ward Boundary Review with public engagement set to commence in the spring of 2020 as set out in Report CLK 05-19. Due to the COVID-19 Pandemic, the declared State of Emergency by both the Province of Ontario and the City of Pickering, as well as the restrictions imposed through Provincial Orders to limit the number of people in social gatherings and the need to implement physical distancing, public open houses had to be put on hold, ultimately placing the entire project on hold. As the Pandemic has progressed, several virtual platforms and tools have been implemented to allow business continuity in many sectors. In consultation with Watson & Associates Economists Ltd., the consultants retained to conduct the Ward Boundary Review, City staff have been advised that public engagement for the Review can be effectively accomplished through virtual engagement platforms. Proceeding with the use of virtual engagement will allow the Review to continue so that the legislated timeframes can be met to have new ward boundaries in place for the 2022 Municipal Election. To that end, the Terms of Reference previously adopted by Council have been revised to include the new structure of public engagement for this project and staff are seeking Council's approval to move forward in this regard. Financial Implications: The funds previously budgeted for in-person open houses will be utilized to implement the virtual engagement strategy. Therefore, there are no financial implications to move forward at this time. -74- CLK 01-20 July 27, 2020 Subject: Status Update - Ward Boundary Review Adoption of Revised Terms of Reference Page 2 That said, there may be a need for additional funds should Provincial restrictions be lifted as we enter round two of public engagement (Spring 2021) and in-person sessions in addition to the virtual sessions are possible. However, this will not be determined or needed until 2021. Discussion: At the Council meeting of November 13, 2017, Council approved proposal RFP -10-2017 to engage the consulting services of Watson & Associates Economists Ltd., in association with Dr. Robert J. Williams, to conduct the ward boundary review prior to the 2022 Municipal Election through Resolution #365/17. That work was suspended pending a decision on the Regional Government Review that was undertaken by the Province of Ontario in mid -2019. As there were no implications to the City's existing geographic boundaries from the Provincial Review, City staff began to move forward with the project and presented the Terms of Reference which were adopted by Council (through Resolution #187/19) at the Council meeting of December 16, 2019. Due to the COVID-19 Pandemic and the State of Emergency declared by the Province of Ontario on March 17, 2020, and the City of Pickering on March 24, 2020, the project was once again suspended. In order for the Ward Boundary Review to be completed and take effect for the 2022 Municipal Election, the By-law to amend the City's Wards must be adopted and in full force and effect by December 31, 2021. Under the Municipal Act, there is a 45 day appeal period once the By-law is adopted by Council. With these timeframes in mind, the Ward Boundary Review must commence this September 2020, in order to provide the necessary time to conduct the 2 phases of public engagement, as well as the compilation of population forecasts and various data to create the ward boundary options. Staff have met with Watson & Associates Economists Ltd. and Dr. Williams to discuss options for public engagement during physical distancing and limited social gathering Emergency Orders. Watson & Associates advises they have embarked on creating a virtual platform to provide the ability for residents to partake in public engagement with the ability to see mapping, provide comments and have open dialogue with the consulting team virtually; thereby providing techniques and processes that can lead to thoughtful and fulsome public engagement. The virtual platform will be accessible through various devices such as computers, mobile phones, and tablets as well as a phone in option for those who may not have access to internet. Watson & Associates has also advised that several other area municipalities are moving forward with virtual engagement for upcoming Ward Boundary Reviews including but not limited to Brock, Caledon, Clarington, Guelph, Trent Hills, and Whitchurch-Stouffville. Some of these municipalities have already begun virtual engagement while others are set to commence this Fall. This provides Pickering with an advantageous position to learn from other municipalities and apply their best practices to our engagement sessions which are proposed to commence in September 2020. It is difficult to estimate the number of people that would have attended an in-person open house, however, the access to virtual sessions will be set up so that they are easily accessed by residents and may serve to capture an expanded audience who would not normally attend an in- person open house. For those who do not have access to technology to participate virtually, - 75 - CLK 01-20 July 27, 2020 Subject: Status Update - Ward Boundary Review Adoption of Revised Terms of Reference Page 3 traditional methods of advertisements, surveys and the compilation of public input will still be available through the City's website and at City facilities. As the outcome of the COVID-19 pandemic is still uncertain and we do not know what social gatherings will look like in the future, provision of virtual engagement will additionally serve those in the community who may be vulnerable and unable to attend an in-person open house due to health concerns. As noted in Report CLK 05-19, and the adoption of the original Terms of Reference, consultation, community engagement and communication will be a crucial part of the project and there will be a comprehensive engagement strategy that will include a dedicated webpage, public surveys, creative mapping and visuals as well as the use of the City's social media channels and digital advertising options. These will all be in addition to the new virtual tools that are being proposed. As the City of Pickering's existing wards have been in place for the past 40 years, with the exception of a minor change in 2005, and the significant growth that has occurred since that time as well as the projected future population forecasts, it is important that the Ward Boundary Review continue to move forward. If the City does not move forward with virtual engagement starting in September 2020, there will be insufficient time to complete the project in advance of the 2022 Municipal Election. Should this be the case, the next opportunity to conduct a Ward Boundary Review would be 2023/2024 and by that time, the current population disparity between the existing 3 wards will be exacerbated. With a number of other municipalities embarking on virtual engagement for Ward Boundary Reviews and a process set out with confidence by the Project Consultants, City staff feel confident that we can engage the community effectively on this very important matter. Therefore, City staff are recommending to resume the Ward Boundary Review using virtual engagement tools and requesting that Council approve the revised Terms of Reference as set out in Attachment #1. Changes to the original Terms of Reference focus mainly on the use of virtual community engagement and updated project timelines, all of which are highlighted in yellow for ease of reference. Attachments: 1. Revised Terms of Reference Prepared By: Original Signed By: Susan Cassel City Clerk SC:sc -76- Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor CLK 01-20 July 27, 2020 Subject: Status Update - Ward Boundary Review Adoption of Revised Terms of Reference Page 4 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 77 - Attachment #1 to Report #CLK 01-20 GLy f, DICKERING Ward Boundary Review Revised Terms of Reference Revised July 27, 2020 pickering.ca - !0 - Background Pickering City Council is currently comprised of seven (7) Members, being the Mayor (elected at large by all voters in the City), three (3) Regional Councillors, each representing one of the three (3) existing wards (elected by the voters in each of those respective wards), and three (3) City Councillors, each representing one of the three (3) existing wards (also elected by the voters in each of those respective wards). The Mayor and Regional Councillors also sit on the Council for the Regional Municipality of Durham. Undertaking a review of the City's current ward boundaries has been a topic of discussion for quite some time, however, due to various factors, including the anticipated growth in the north part of the City, it was decided that the ward boundary review be postponed to provide for a ward structure that could be in place for multiple, future elections. The current ward structure has been in place for 40 years with the exception of a minor change to the City's ward boundaries in 2005. With the continued, ongoing development in the City, and forecasted occupancy of a high number of new residents on the horizon, in 2017, City Council approved the retention of Watson & Associates Economists Ltd., in association with Dr. Robert J. Williams, Public Affairs Consultant, to proceed with a comprehensive review of the City's existing ward structure and anticipated future growth. The Review will provide the consultants with the necessary information to provide recommendations for changes to existing ward boundaries while striving for effective and fair representation for all constituents in the community. There is no prescribed process set out in legislation pertaining to a ward boundary review and municipal councils have the ability under section 222 of the Municipal Act to divide or redivide the municipality into wards or to dissolve the existing wards. Under section 217, Council also has the ability to change the composition of its council subject to the following rules: 1. There shall be a minimum of five members, one of whom shall be the head of council. 2. The members of council shall be elected in accordance with the Municipal Elections Act, 1996. 3. The head of council shall be elected by general vote. 4. The members, other than the head of council, shall be elected by general vote or wards or by any combination of general vote and wards. 5. The representation of a local municipality on the council of an upper -tier municipality shall not be affected by the by-law of the local municipality under this section. The following provides an overview of the objectives, guiding principles and timelines for the various phases that will be covered during the Review. Ward Boundary Review — Revised Terms of Reference Page 1 of 5 79 - Objective The objective of a ward boundary review is to establish ward boundaries that provide for an effective system of fair representation on Pickering Council for all residents of the City of Pickering. Any changes to the existing ward boundaries would be in effect for the 2022 Municipal Election and beyond until the population ranges become too wide and such a review needs to be undertaken again. As a means to ensure population ranges keep to reasonable thresholds in future, consideration may be given to adopting a City Policy which would clearly lay out when a ward boundary review should be triggered when population variations among the wards become too large. Depending on the results of this Ward Boundary Review, and the potential for the number of wards in the City to increase, the composition of City Council may also be impacted which could result in a larger number of City Councillors and/or the election of Regional Councillors at large. All options will be explored and communicated to all relevant stakeholders and the public to obtain their feedback as part of the process. Guiding Principles The overarching focus of a ward boundary review is to achieve fair and effective representation for all constituents. The following provides a list of the guiding principles which will help formulate the draft options presented to stakeholders and City Council: 1. Representation by Population — Subject to the overriding principle of effective representation, it is desirable that voters should be equally represented and wards should have reasonably equal populations. That said, a degree of population variation is acceptable in recognition of varied geography, population densities and characteristics, and established communities of interest. The principle is intended to ensure that residents have comparable access to their elected representative and that the workload of these representatives is relatively balanced. Representation by population will be calculated using the total population within each ward, rather than by the number of eligible electors, recognizing that non- voters are also participants within the community. 2. Protection of Communities of Interest — It is desirable to avoid fragmenting existing communities of interest and neighbourhoods. Communities of interest shall be deemed to include geographic, social, historic, economic, and/or cultural interests and where possible, existing and future communities of interest should not be divided between multiple wards. 3. Current and Future Population Trends — The Review shall consider anticipated population trends to ensure the ward structure provides effective representation for the 2022 Municipal Election and beyond. Where possible, reliable and accurate data will be used to generate current and future population projections, including but not limited to census data, approved building permits, approved development Ward Boundary Review — Revised Terms of Reference Page 2 of 5 80 - proposals, and estimated population growth. Population and housing forecasts for Pickering and its neighbourhoods will be based on a "household formation" growth forecast model using available data from both the City and the Region of Durham. 4. Physical Features as Natural Boundaries — The Review shall take into consideration natural and manmade features within the City that may serve as effective boundaries within the community. • Where possible, natural and artificial features should be used to define ward boundaries, including but not limited to arterial roads, highways, creeks, railway lines, and hydro corridors; and, • Where possible, the preferred boundaries should follow straight lines, have few turns, and be easily identifiable. 5. Effective Representation — In reference to the decision regarding Provincial Electoral Boundaries (Sask.) [1991] S.C.J. No. 46 (the "Carter decision"), the Supreme Court of Canada concluded that the "purpose of the right to vote enshrined in s.3 of the Charter is not equality of voting power per se but the right to `effective representation'. While voter parity is of utmost importance, exact voter parity is not likely obtainable. Rather, since a vote is intended to provide meaningful on-going representation after the election, it may be necessary to place a higher priority on other principles (such as protecting a community of interest) to create plausible and coherent electoral areas that better contribute to `effective representation' than electoral areas that are equal in population. The Terms of Reference recognize that the principles identified above may occasionally conflict with one another. Accordingly, it is expected that the overriding principle of effective representation will be used to arbitrate conflicts between principles. Any deviation from the specific principles must be justified by other Carter decision criteria in a manner that is more supportive of effective representation. Deliverables The consultant will be responsible for the conduct of all aspects of the project including research, public consultation (including consultation with Members of Council and other stakeholders), formulation of options, and preparation and presentation of interim and final reports and recommendations which will be provided to and considered by the Executive Committee and Council. A comprehensive communication plan will be developed by City Staff with input from the Consultant to ensure the content and approach is effective and reaches as many residents as possible. The use of graphics, social media, on-line and paper surveys, rack cards, and a dedicated webpage will be utilized to provide as much information as possible throughout the process. Ward Boundary Review — Revised Terms of Reference Page 3 of 5 - 81 - The Consultant will develop, in consultation with the City Clerk, a comprehensive work plan and project schedule based on the following general parameters: Phase 1: Leading an initial public consultation process which will include: • Interviews with Members of Council; • Virtual community engagement sessions, coordinated and implemented by the Consultants, using a variety of mediums and virtual tools to accomplish effective dialogue and fulsome public engagement. The engagement session will provide residents with an overview of the Review, the City's existing structure, and the ability for residents to ask and receive answers to questions. (A minimum of 2 virtual engagement sessions to be held); • Launch of an on-line survey to obtain feedback from the public on the existing ward structure and what, if any changes should be considered; • The on-line survey will be available throughout the period of time in which the community engagement sessions are being conducted to allow ample time for public comment. Paper copies of the survey will also be available at Customer Care, City Facilities, the Library, and the Clerk's Office for anyone who does not have access to a computer; • The Consultant will review all feedback submissions from the virtual engagement sessions, written comments and completed surveys and develop draft options of revised ward boundaries and council composition for consideration and comment from stakeholders and the public. Phase 2: Leading a second public consultation process which will include: • Secondary virtual community engagement sessions (and possible in-person engagement depending on the state of the COVID-19 Pandemic) where the Consultant will provide ward boundary options and obtain feedback. (A minimum of 2 community engagement sessions to be held for Phase 2); • Launching of a second on-line survey which will provide visual maps and graphics to allow residents to choose which draft option is preferred; • The consultant will review all feedback submissions and develop a final report and recommendation for presentation to the Executive Committee to seek approval from Council on the preferred option. Phase 3: • In conjunction with the City Clerk, the Consultant will prepare the necessary materials for presentation to the Executive Committee with a recommendation for Council's preferred option and the passing of a by-law to change the ward boundaries and potentially the composition of Pickering City Council. Ward Boundary Review — Revised Terms of Reference Page 4 of 5 -82- Revised Time Table • Consultant to attend the Executive Committee meeting (and Council meeting if needed) to answer any questions raised by members of the public or Council. Notes: Under the direction of the City Clerk, designated staff in Legislative Services will be responsible for overseeing the project and will ensure that all necessary staff from other departments in the City are involved as needed and that public consultation is conducted in coordination with Corporate Communications. The City Clerk will be the main contact between the Consultant and the municipality, and will ensure that resources are available to ensure the public is informed of the process, GIS mapping and other data is available, as well as printing and other services that may be required to complete the project. December 2019 (Complete) Interviews with Members of Council and initial kick-off meeting with City Staff September 2020 Phase 1 — first round of public engagement to solicit feedback regarding existing and future ward boundaries and council composition using a variety of virtual, on-line and traditional tools to facilitate effective dialogue and feedback from the community. December 2020 Development of draft ward boundary and council composition options and interim report to Executive Committee and Council. February — March 2021 Phase 2 — second round of public consultation to present ward boundary options and solicit the public's preferred option using a variety of virtual, on-line and traditional tools to receive feedback. Note: Should COVID-19 restrictions be lifted, in-person public consultation may also be utilized in conjunction with on-line and virtual tools. May 2021 Presentation of ward boundary options to Executive Committee and Council for approval. June 2021 Adoption of By-law to change ward boundaries and possibly council composition. August/September 2021 Appeal period for By-law concludes and By-law in force and effect for the 2022 Municipal Election. Ward Boundary Review — Revised Terms of Reference -83- Page 5 of 5 Cfy ot DICKERING Report to Council Report Number: CLK 02-20 Date: July 27, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Electronic Participation for Council and Committee Meetings - Amendments to the Municipal Act, Bill 197 - File: A-1440 Recommendation: 1. That Report CLK 02-20 regarding Electronic Participation for Council and Committee Meetings, Amendments to the Municipal Act, Bill 197, be received; 2. That the draft By-law included as Attachment #1 to CLK 02-20 be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Bill 197, COVID-19 Economic Recovery Act, 2020, received Royal Assent on July 21, 2020. This Bill amended several Acts including the Municipal Act, 2001, S.O. 2001, c. 25 to allow a Member of Council, of a local board, or of a committee of either of them to participate electronically in a meeting, that is either open or closed to the public, on an ongoing basis. It does not stipulate that councils must meet in this way, but rather that they can choose to meet this way. Bill 197 also introduced a permissive inclusion to allow proxy votes subject to certain rules. These provisions must also be included in the municipality's Procedure By-law should Council wish to exercise them. Prior to COVID-19 and this new Bill, the Municipal Act included provisions for electronic participation however, they were restrictive and were not utilized by many municipal councils. Due to the COVID-19 pandemic, in March 2020, through the enactment of the Municipal Emergency Act, 2020, the Municipal Act was amended to allow municipal councils and local boards to meet electronically during a period when an Emergency was declared by either the Province or the municipality under the Emergency Management and Civil Protection Act , R.S.O. 1990, c. E.9. As both the Province and the City declared emergencies this past March, an amendment was adopted to the Procedure By-law to allow Committee and Council Meetings to be facilitated using a virtual meeting platform. Through this platform, meetings have been livestreamed to the public to ensure that the City is fulfilling open meeting requirements under the Municipal Act, and that the public has had the opportunity to delegate to Council via audio connection. Overall, it has been a very successful integration, and meetings have been carried out virtually in a manner that is as close as possible to in-person meetings. With the most recent amendments through Bill 197, electronic meetings can now continue on an ongoing basis. -84- CLK 02-20 July 27, 2020 Subject: Electronic Participation for Council and Committee Meetings Amendments to the Municipal Act, Bill 197 Page 2 This Report is provided to inform Council of the new provisions available for electronic participation under the Municipal Act and to recommend amendments to the Procedure By-law to give effect to such provisions. Financial Implications: There are no financial impacts associated with implementing electronic participation in the Procedure By-law. Any financial implications associated with the technology being used to facilitate electronic meetings has already been approved in accordance with the City's Purchasing Policy. Discussion: Before the COVID-19 pandemic, Section 238 (3.1) of the Municipal Act included provisions for electronic participation, however, electronic participation was limited, to the extent that a member participating in this manner did not count toward quorum, and electronic participation was not permitted for in -camera meetings. The City of Pickering did not adopt these provisions, and Members of Council have always participated in Committee and Council meetings in person until COVID-19. When the Provincial emergency was declared, the Province amended the Municipal Act to allow Councils to meet electronically in order to comply with the Provincial and Health Orders that had been implemented to address the pandemic. The speed with which the legislation was enacted was precedent setting, and it was done to ensure that Councils could continue to conduct business during the pandemic. The amendments allowed Members of Council to participate in open and closed meetings electronically, and to be counted for the purposes of quorum, but they were tied to the declared emergency under the Emergency Management and Civil Protection Act. On March 23, 2020, City Council adopted amendments to the Procedure By-law to allow for electronic participation at Committee and Council meetings, and meetings have been facilitated using the Cisco Webex platform since that time. As the pandemic has progressed and the Province has begun to move all Regions into Stage 3 of the Provincial Re -Opening Plan, further amendments to the Municipal Act were presented through Bill 197. The Bill received Royal Assent on July 21, 2020 and provides for further amendments to the Municipal Act to allow electronic participation for Council and Committee meetings on an on- going basis. The use of the provisions are no longer tied to the declaration of an emergency. Until such time that the social gathering and social distancing measures are lifted, the use of these provisions will provide the necessary flexibility so that we can continue to conduct the business of the municipality, while ensuring that the public has access to participate in a safe and responsible manner. The provisions will also provide flexibility for Members, should medical or health concerns prohibit them from attending a meeting in person. The Act does not provide specific criteria for electronic participation. Instead, it allows these provisions to be included in the municipality's procedure by-law should Council so choose. To that end, amendments to the City's Procedure By-law are provided for Council's consideration and enactment, as included in Attachment #1 to this Report. The previous amendments made in March no longer apply and need to be repealed. The new provisions for electronic participation -85- CLK 02-20 July 27, 2020 Subject: Electronic Participation for Council and Committee Meetings Amendments to the Municipal Act, Bill 197 Page 3 are proposed to be included under a section entitled "Electronic Participation". This section will provide the parameters for use of electronic participation by Council, staff and the public. It should be noted that COVID-19 has created a very unique circumstance for municipal councils, and most have been meeting electronically due to the Provincial Orders and efforts to control the spread of the virus. As the pandemic eases and we await a vaccine, there may still be situations that prohibit a Member from attending a meeting in person. These new provisions will provide flexibility in such cases, however, it is preferable for all Members to meet in person as much as possible to provide accountability and transparency in the decision-making process. Having all Members of Council present in person at a meeting provides a more cohesive, team approach to the proceedings, and more fully enables debate. That said, there may be circumstances where a Member needs to have the flexibility to participate electronically. Therefore, it is recommended that the use of electronic participation, for Members of Council, be used only for medical reasons, illness or in the event of a situation or pandemic where physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. Should Council wish to not limit the use of electronic participation, these provisions may be removed and electronic participation could be used under any circumstances. There are no specific requirements under the legislation for the type of technology used for electronic participation. As noted earlier, the City's electronic meetings have been facilitated for all committees and Council using Cisco Webex, and that platform has proven reliable to effectively conduct Committee and Council meetings. As Council resumes in-person meetings, the Cisco platform will be integrated with an upgrade to the existing Council Chamber audio/video system to allow for a hybrid approach to Meetings. This will allow Members and staff to physically meet in the Chambers while providing livestream to the public and the ability for the public to delegate via audio, as has been the practice over the last number of weeks. It is recommended that this hybrid approach continue until such time that the social gathering and social distancing limitations are lifted and the public can physically attend meetings without restrictions. In order to comply with social gathering/physical distancing restrictions, the capacity of the Council Chambers should be limited to no more than 15 seats for the public. These limitations do not comply with our open meeting requirements under the Act, and the use of technology to provide livestreaming will reach a much broader audience. As Stage 3 progresses, and until such time that the restrictions are lifted and we fully reopen to the public to attend meetings at City Hall, it is recommended that the virtual platform be used for all committee, council and statutory public meetings in the hybrid model form. As time progresses, consideration may also be given to using the virtual platform to conduct community open houses. This new way of engaging the public has been widely accepted across Ontario municipalities and by the business sector throughout the COVID-19 pandemic, and has proven to be effective in most situations. This has become `the new normal', a term that we have all become accustomed to. To that end, the Clerk's Office has been working with Facilities and Information Technology staff to implement the hybrid solution. Work will continue to have the hybrid system up and running as soon as possible so that Members of Council and staff can begin to meet in person. The adoption of the new provisions for electronic participation will provide the ability to continue to meet -86- CLK 02-20 July 27, 2020 Subject: Electronic Participation for Council and Committee Meetings Amendments to the Municipal Act, Bill 197 Page 4 electronically until such time that the hybrid solution is fully in place. Staff are looking to have the upgrades completed in August, however, robust testing will be needed to ensure that the system is working as intended. Should there be any complications or adjustments needed, the use of fully electronic meetings may need to continue until September. In either situation, as noted earlier, members of the public will still be able to delegate into meetings remotely via an audio connection in the same manner that has been occurring over the last several weeks. As noted earlier in this report, Bill 197 also includes a permissive provision regarding the use of proxy votes. This provision allows a Member of Council to appoint another Member of the same Council as a proxy to act in their place when they are absent, subject to specific rules and in accordance with a process that is to be included in the Procedure By-law. Currently no such provisions are contained in the By-law, and with the implementation of electronic participation and the flexibility that this will provide to Members, proxy votes may not be needed at this time. Should Council wish to include proxy voting in the Procedure By-law, staff can bring forward another report and proposed amendments to the Procedure By-law for Council's consideration at a future meeting. Due to the enactment of Bill 197 and the potential need to continue to meet electronically, including the hybrid electronic meeting approach, staff are recommending that the proposed changes to the Procedure By-law as outlined in Attachment #1 be approved. Attachments: 1. Draft Amendments to the Procedure By-law 2. Schedule 12, Bill 197, An Act to amend various statutes in response to COVID-19 and to enact, amend and repeal various statutes Prepared By: Original Signed By: Susan Cassel City Clerk SC:sc Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor Recommended for the consideration •of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer -87- Attachment #1 to Report #CLK 02-20 The Corporation of the City of Pickering By-law No. 7771/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings Whereas on July 21, 2020, Bill 197, COV/D-99 Economic Recovery Act, 2020, an Act that in part, amended the Municipa/Act, 2001, S.O. 2001, c. 25, received Royal Assent to provide the ability for a member of council, of a local board or of a committee of either of them, to participate electronically in a meeting to the extent and in the manner set out in the Procedure By-law; And Whereas, electronic meetings may be used for all, or some Members of Council, staff and the public where in-person meetings are not possible; And Whereas in order to be able to implement these provisions, Council must amend Procedure By-law 7665/18; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: That Section 09 of Procedure By-law 7665/18, as amended, be repealed and replaced with the following and the remaining sections of the By-law renumbered accordingly: 09 Electronic Participation 09.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for medical reasons, illness or in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, and in doing so may be counted in determining whether or not a quorum of members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.02 A Member of an Advisory or Ad -Hoc Committee may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a quorum of members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.03 The City Clerk may provide for electronic participation of staff at any Meeting, including the City Clerk. 88 - By-law No. 7771/20 Page 2 09.04 Electronic meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access and conferencing platforms and programs. The means used to facilitate an electronic meeting shall be determined by the City Clerk. 09.05 A Member must provide sufficient notice to the City Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours' notice of their intent to join the meeting electronically unless extraordinary circumstances apply. 09.06 A member of the public may delegate via electronic participation due to a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. 09.07 The City Clerk shall arrange for such delegations, and any members of the public who wish to make a verbal delegation to a Standing Committee or Council via electronic participation shall register with the City Clerk by noon on the business day prior to the Meeting for items listed on an agenda and ten (10) days in advance of the Meeting date for items not listed on an agenda. Delegates shall provide a phone number to be connected into the meeting via audio. Delegations who have not registered by the deadline will not be permitted to delegate. 09.08 Members of the public may also submit written comments in addition to, or in lieu of, a verbal delegation, by noon on the business day prior to the meeting. 09.09 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order as needed. By-law passed this 27th day of July, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk 89 - Attachment #2 to Report #CLK 02-20 59 SCHEDULE 12 MUNICIPAL ACT, 2001 1 (1) Subsection 238 (3.1) of the Municipal Act, 2001 is repealed and the following substituted: Electronic participation (3.1) The applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law. (2) Subsection 238 (3.2) of the Act is repealed. (3) Subsection 238 (3.3) of the Act is repealed and the following substituted: Same (3.3) The applicable procedure by-law may provide that, (a) a member of a council, of a local board or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and (b) a member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is open or closed to the public. (4) Subsection 238 (3.4) of the Act is repealed and the following substituted: Special meeting, amend procedure by-law re electronic participation (3.4) A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of subsection (3.3). Same, quorum (3.5) A member participating electronically in a special meeting described in subsection (3.4) may be counted in determining whether or not a quorum of members is present at any time during the meeting. 2 The Act is amended by adding the following section: Proxy vote 243.1 (1) The procedure by-law may provide that, in accordance with a process to be established by the clerk, a member of council may appoint another member of council as a proxy to act in their place when they are absent subject to the following rules: 1. A member of a local council appointed as an alternate member of the upper -tier council under section 267 may appoint a member of the upper -tier council as a proxy to act in their place when they are absent from the upper -tier council. 2. A member who is unable to attend a meeting of the upper -tier council and for whom an alternate member is appointed under section 267 shall not appoint a proxy. 3. A member appointed as an alternate member of the upper -tier council under section 268 shall not appoint a proxy. 4. A member who is unable to attend a meeting of the upper -tier council and for whom an alternate member is appointed under section 268 shall not appoint a proxy if the appointed member is acting on their behalf at the meeting. Rules re proxy votes (2) The following rules apply with respect to the appointment of another member of council to act as a proxy under subsection (1): 1. A member shall not appoint a proxy unless the proxyholder is a member of the same council as the appointing member. 2. A member shall not act as a proxy for more than one member of council at any one time. 3. The member appointing the proxy shall notify the clerk of the appointment in accordance with the process established by the clerk. 4. For the purpose of determining whether or not a quorum of members is present at any point in time, a proxyholder shall be counted as one member and shall not be counted as both the appointing member and the proxyholder. 5. A proxy shall be revoked if the appointing member or the proxyholder requests that the proxy be revoked and complies with the proxy revocation process established by the clerk. 6. Where a recorded vote is requested under section 246, the clerk shall record the name of each proxyholder, the name of the member of council for whom the proxyholder is voting and the vote cast on behalf of that member. 7. A member who appoints a proxy for a meeting shall be considered absent from the meeting for the purposes of determining whether the office of the member is vacant under clause 259 (1) (c). -90- 60 Pecuniary interest (3) A member who has a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting shall not, if the interest is known to the member, appoint a proxy in respect of the matter. Same, pre -meeting discovery (4) If, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict oflnterestAct in a matter to be considered at a meeting that is to be attended by the proxyholder, the member shall, as soon as possible, (a) notify the proxyholder of the interest in the matter and indicate that the proxy will be revoked in respect of the matter; and (b) request that the clerk revoke the proxy with respect to the matter in accordance with the proxy revocation process established by the clerk. Same, post -meeting discovery (5) For greater certainty, if, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter that was considered at a meeting attended by the proxyholder, the appointing member shall comply with subsection 5 (3) of the Municipal Conflict of Interest Act with respect to the interest at the next meeting attended by the appointing member after they discover the interest. Conflict, etc., proxyholder (6) For greater certainty, nothing in this section authorizes a proxyholder who is disabled from participating in a meeting under the Municipal Conflict of Interest Act from participating in the meeting in the place of an appointing member. Regulations, proxy votes (7) The Minister may make regulations providing for any matters which, in the Minister's opinion, are necessary or desirable for the purposes of this section. Commencement 3 This Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent. - 91 - Cfy ot DICKERING Report to Council Report Number: ENG 06-20 Date: July 27, 2020 From: Richard Holborn Director, Engineering Services Subject: Altona Bridge Replacement - Tender No. T2020-14 - File: A-1440 Recommendation: 1. That Tender No. T2020-14 for Altona Bridge Replacement as submitted by GMP Contracting Ltd. in the total tendered amount of $1,288,824.86 (HST included) be accepted; 2. That Council award the contract administration and construction inspection to Greer Galloway Group Inc. in accordance with the Purchasing Policy 10.03 (c) in the amount of $80,795.00 (HST extra) for Tender No. T2020-14 Altona Bridge Replacement; 3. That the total gross project cost of $1,666,672.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $1,500,890.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $1,500,890.00 as follows: a) The sum of $611,530.00 as approved in the 2018 Roads Capital Budget to be increased to $616,668.00 from the Ontario Community Infrastructure Fund; 2018 and unspent 2017 allocation; b) That the 2018 Roads Capital Budget approved source of funds for the Altona Bridge Replacement project to be revised from 20 -year debt to the Ontario Community Infrastructure Fund, 2019 allocation; c) The sum of $488,470.00 as approved in the 2018 Roads Capital Budget to be revised to $884,222.00 to be funded from the Ontario Community Infrastructure Fund, 2019 allocation; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. _92_ ENG 06-20 Subject: Altona Bridge Replacement Tender No. T2020-14 July 27, 2020 Page 2 Executive Summary: As part of the 2018 Roads Capital Budget — Altona Bridge Replacement was approved as a construction project. Tender No. T2020-14 was issued on Wednesday, June 17, 2020 with a closing date of Wednesday, July 8, 2020. Ten companies submitted a bid for this project. The low bid of $1,288,824.86 (HST included) submitted by GMP Contracting Ltd. is recommended for approval. The total gross project cost is estimated at $1,666,672.00 (HST included) with an estimated total net project cost of $1,500,890.00 (net of HST rebate). Financial Implications: 1. Tender Amount Tender No. T2020-14 HST 13% Total $1,140,552.97 148,271.89 $1,288,824.86 2. Estimated Project Cost Summary Tender No. T2020-14 — Tender for the Altona Bridge Replacement Associated Costs Materials Testing Provincial OCIF Sponsor Signage Temporary Utility Relocations (Elexicon and Bell) Consultant Fees — Contract Administration & Construction Inspection (Greer Galloway Group Inc.) Toronto & Region Conservation Authority — Emergency Structure Works Permit (In -water works extension) OCIF Funding Requirement - Aboriginal Duty to Consult * Construction Contingency (15%) Sub Total — Costs HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $1,140,553.00 40,000.00 2,500.00 25,000.00 80,795.00 10,000.00 5,000.00 171,083.00 $1,474.931.00 191,741.00 $1,666,672.00 (165,782.00) $1,500,890.00 * Bridge replacement projects have a high degree of complexity, and due to in -water work and unknown soil conditions related to underground work, a higher construction contingency of 15 percent is requested. -93- ENG 06-20 Subject: Altona Bridge Replacement Tender No. T2020-14 July 27, 2020 Page 3 3. Approved Source of Funds — 2018 Roads Capital Budget Account Source of Funds Available Budget Required 5320.1806.6256 Debt — 20 Year $488,470.00 $0.00 OCIF Grant — 2017 unspent 611,530.00 * 616,668.00 funds & 2018 Allocation Total Funds OCIF Grant — 2019 Allocation & 0.00 884,222.00 Interest Earned $1,100,000.00 $1,500,890.00 * Actual funds available Project Cost under (over) approved funds by ($400,890.00) The OCIF allows the pooling of multiple years funds in order to provide sufficient funds for a larger project. The Altona Bridge Replacement project was budgeted in 2018, prior to the 2019 OCIF allocation. In 2018, it was decided best to fund the City's share of the cost by undertaking debt financing, and spread -out costs of borrowing over the life of the bridge. The 2019 OCIF allocation was not budgeted for any project in 2019, meanwhile the Altona Bridge project did not proceed in 2019 due to tender results exceeding the 2018 budget provision. At the same time, the province was informing municipalities that the OCIF program will be discontinued in the near future. This triggered the decision to direct the 2019 OCIF allocation to the Altona Bridge Replacement project, and eliminate the debt -financing requirement for the City's share. With the City proceeding with the OCIF funding, the City avoids future debt charges of approximately $36,000 per year for the next 20 years. As the estimated project cost is uncertain prior to the tendering process, staff decided that it is best to combine uncommitted OCIF funds, including interest earned to the Altona Bridge Replacement project, and to adjust the required amount once the project is tendered. The OCIF funding agreement permits funds to be spent within five years after the funds are received. Applying the principle of spending the oldest allocation of unspent funds first, starting from the small unspent 2017 allocation, continuing to 2018, and the balance from the 2019 allocation; the uncommitted amount of approximately $5,048.00 will deem to be from the 2019 allocation. This provides the City a deadline of 2023 to spend the uncommitted amount. This City will designate a new project for this uncommitted amount in the 2021 budget cycle, in order to provide sufficient time to complete the new project by 2023. -94- ENG 06-20 July 27, 2020 Subject: Altona Bridge Replacement Tender No. T2020-14 Page 4 Discussion: As part of the 2016 & 2018 Biennial Municipal Bridge and Culvert Inspections Report, Altona Bridge (asset id 10002) has been identified as a priority for replacement. Originally constructed circa 1930, the bridge has reached the end of its infrastructure lifecycle. Over the last several biennial inspections (conducted by Keystone Bridge Management Corp.) load limits have been imposed, steadily decreasing the amount of weight the bridge can sustain, the current limit is posted at 5 tonnes. Emergency repair work was done to the structure by City forces in the spring of 2019, to further prevent undermining and erosion. The Altona bridge spans a tributary of Duffins Creek and as such, requires Toronto & Region Conservation Authority (TRCA) approvals for the project. The permit is in final stages of being secured. The TRCA restricts in -water work after September 15th, and it is anticipated that, with the proposed timing of construction, a request to extend that deadline will be required. The Report to Executive Committee dated April 11, 2016 (ENG 05-16) recommended Greer Galloway Group Inc. to undertake the engineering design of both the Altona and Wilson Bridges. With the design now complete for the Altona Bridge, it is standard practice to have the same design team provide further support to the City with Contract Administration and Inspection. This ensures good technical continuity for the project by using the same company and allows for certification upon completion. Greer Galloway Group Inc. have provided a cost estimate of $80,795.00 for all services (proposal submitted May 20, 2020), and are recommended for approval in accordance with the Purchasing Policy Section 10.03 (c). Due to the ongoing concerns and new business practices related to the COVID-19 virus pandemic, Engineering Services and Corporate Services staff will work with GMP Contracting Ltd., to ensure that proper procedures and protocols are in place to provide a safe work environment for Pickering residents, the contractor, sub -contractors, and City staff. These measures may include a delay to the start date of the project. Tender No. T2020-14 was issued on Wednesday, June 17, 2020 with a tender closing date of Wednesday, July 8, 2020. Ten companies submitted a bid for this project. The low bid of $1,288,824.86 (HST included) submitted by GMP Contracting Ltd. is recommended for approval. The total gross project cost is estimated at $1,666,672.00 (HST included) with an estimated total net project cost of $1,500,890.00 (net of HST rebate). References for GMP Contracting Ltd., their Waste Management Plan and list of sub -contractors have been reviewed and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The City's Health & Safety Policy form, and a current Clearance Certificate issued by the Workplace Safety & Insurance Board has been submitted to the City by GMP Contracting Ltd.. The Certificate of Insurance has been reviewed by the Manager, Budgets & External Audit and is deemed acceptable. In conjunction with staff's review of the contractor's previous work experience the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the low bid submitted by GMP Contracting Ltd. for Tender No. T2020-14 in the amount of $1,288,824.86 (HST included), and that the total net project cost of $1,500,890.00 (net of HST rebate) be approved. -95- ENG 06-20 July 27, 2020 Subject: Altona Bridge Replacement Tender No. T2020-14 Page 5 Attachments: 1. Summary Memo from Supply & Services dated July 13, 2020 2. Record of Tenders Opened and Checked 3. Location Map Prepared By: Original signed by: Scott Booker Manager, Capital Projects & Infrastructure Original signed by: Ray Rodrigues, CPPB Manager, Supply & Services SB:mjh Approved/Endorsed By: Original signed by: Richard Holborn, P.Eng. Director, Engineering Services Original signed by: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Interim Chief Administrative Officer -96- GLS od PICKERING Attachment #1 to Report # ENG 06-20 Memo To: Richard Holborn July 13, 2020 Director, Engineering Services From: Justin MacDonald (Acting) Senior Purchasing Analyst, Supply & Services Copy: Administrative Assistant, (Engineering Services) Manager, Supply & Services Subject: Tender No. T2020-14 Tender for Altona Bridge Replacement Closed: Wednesday, July 8, 2020 — 2:OOpm File: F-5400-001 Tender No. T2020-14 was advertised on the City's website on Wednesday, June 17, 2020. Ten companies have submitted a bid for this project. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been completed below. The unsuccessful Bidder's tendering deposit, other than a bid bond, shall be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 13.03 (w). Three (3) bids have been retained for review at this time and are attached. Summary Harmonized Sales Tax Included Bidder Total Tendered Amount After Calculation Check GMP Contracting Ltd $1,288,824.86 $1,288,824.86 Esposito Bros Construction Ltd $1,299,304.42 $1,299,304.42 Todd Brothers Contracting Ltd $1,332,724.72 $1,332,724.72 Ratcliff Excavating & Grading $1,350,111.57 $1,350,111.57 2220742 O/A Bronte Construction $1,497,925.46 $1,497,925.46 Alliance Verdi Civil Inc $1,579,135.45 $1,579,135.45 MTM2 Contracting Inc $1,752,765.60 $1,705,870.60 -97- Marbridge Construction $1,778,620.00 $1,778,620.00 Elirpa Construction & Materials Ltd $1,832,678.28 $1,944,774.28 EBC Inc $2,678,100.00 $2,678,100.00 Pursuant to Information to Bidders Item 26 Pre -Condition of Award and Item 20 Tendering Specifications, the following documentation will be requested of GMP Contracting Ltd for your review during the evaluation stage of this tender call. Please advise if Supply & Services is to proceed with collecting the following documentation: (a) A copy of the currently dated and signed Health and Safety Policy to be used in this project, including COVID-19 Protocols; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (c) The City's certificate of insurance or approved alternative form completed by the Bidder's agent, broker or insurer; and (d) Waste Management Plan. A budget of $1,100,000.00 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please include the following items in your report: 1. if Items (a) through (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. if the list of subcontractors is acceptable to Engineering Services; 4. if Item (d) is acceptable to Engineering Services; 5. any past work experience with low bidder GMP Contracting Ltd including work location; 6. without past work experience, if reference information is acceptable to Engineering Services; 7. the appropriate account number(s) to which this work is to be charged; 8. the budget amount(s) assigned thereto; 9. Treasurer's confirmation of funding; 10. related departmental approvals; and 11. related comments specific to the project. Tender No. T2020-14_ 98 - Page 2 After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Enquiries can be directed to the City's website for the unofficial bid results as read out at the public tender opening or to Supply & Services. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. JM Attachments (5) Tender No. T2020-14_ 99 - Page 3 are PICKERING Attachment # 2 to Report # ENG 06-20 City of Pickering Record of Tenders Opened and Checked Tender Description: Altona Bridge Replacement Tender No.: T2020-14 Date: Wednesday, July 8, 2020 Time: Approx. 2:30 pm Local Time Bidder Name Total Tendered Amount Bidder Sign In Comments Ratcliff Excavating & Grading Inc. $ \ t Cl L -}i1 - °Q Alliance Verdi Civil Inc. $ k .q1-- '. (_ 1 ° Q �t '0 . Todd Brothers Contracting Limited $ I�"� 1-\•02 •t`\ Bronte Construction $ 1 'iS- SC l '3-1 Esposito Bros Construction Ltd. $ 11l(Ct 1z6. 92 City Staff Present itih•-140*-4N Other The information is strictly preliminary, pending review and verification of conformance to terms, conditions and specifications. - 100 - citrd PICKERING City of Pickering Record of Tenders Opened and Checked Tender Description: Altona Bridge Replacement Tender No.: T2020-14 Date: Wednesday, July 8, 2020 Time: Approx. 2:30 pm Local Time Bidder Name Total Tendered Amount Bidder Sign In Comments Marbridge Construction Ltd. $ $ \ poQ , OD 1 } L\ 0 c '6\-i l V GMP Contracting Ltd. MTM -2 Contracting Inc. $ ' c c \ \1;0 OC) -VL \(\L $ Z o 01 • 1°C. 1/4(/".‘‘)Ck:"-$0 14.0kk-er c VI Sl l 1 $ $ $ $ - 101 - Attachment #3 to Report # ENG 06-20 SUBJECT AREA of AST UNhi"ITE ALTONA BRIDGE (ID 10002) 0 O 0 0 U1 Y Z W U 0 0) Z z L O D 0 1 Engineering Services Department SCALE N.T.S CAT: July 16, 2020 Location Map Altona Bridge 102 s E PICKERING crry of DICKERING Report to Council Report Number: FIN 10-20 Date: July 27, 2020 From: Stan Karwowski Director, Finance & Treasurer Subject: 2020 Final Property Tax Due Date for Commercial, Industrial, and Multi - Residential Realty Tax Classes File: F-4200-001 Recommendation: 1. That Report FIN 10-20 of the Director, Finance & Treasurer be received; 2. That the Director, Finance & Treasurer be authorized to issue the final 2020 Property Tax Bills for Commercial, Industrial and Multi -Residential properties with a due date of October 28, 2020; 3. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the draft By-law attached to this report be enacted; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Adoption of the above recommendations and passing the attached By-law provides for the final 2020 property tax billing for non-residential realty tax classes (commercial, industrial and multi -residential). During the last few years, the City has billed the final non-residential taxes separately, mainly due to the additional steps that are required as a result of the capping legislation. Financial Implications: The attached By-law is for the final billing of 2020 property taxes for commercial, industrial, and multi -residential properties. This billing of final non-residential property taxes will raise approximately $33.5 million for the City, Region of Durham, and the School Boards. Tax bills for the residential tax classes were mailed during the first week of June, with due dates of August 27th and October 28th. - 103 - FIN 10-20 July 27, 2020 Subject: 2020 Final Property Tax Due Date for Commercial, Industrial Page 2 and Multi -Residential Realty Tax Classes Discussion: In 1998, the Province introduced Current Value Assessment or CVA on a Province -wide basis to replace the old patchwork system (throughout the Province) where each municipality used a different base year for assessment purposes. The end result of CVA was that some businesses experienced property tax increases well above 100 per cent. To reduce the property tax increases, the Province introduced capping legislation in 1998. The City of Pickering will soon be in a position to issue the final 2020 property tax bills in accordance with the capping provisions of Bill 140, Continued Protection for Property Taxpayers Act, 2000 and implemented through various regulations (Bill 140 replaced the original capping legislation of Bill 79 introduced and approved in 1998). This legislation was put in place to limit assessment reform related increases to 5 per cent per year on commercial, industrial and multi -residential properties. Under this legislation, property owners facing increases due to property assessment reform had their increases "capped" (reduced). Conversely, those properties experiencing decreases were limited to that permitted under the legislation. This meant that taxes had to be clawed back from those experiencing decreases to fund the loss of revenue resulting from the capped increases. The funding of the capping protection is paid for on a Region -wide basis. The Region of Durham acts like a banker in this process. For example, the total cost of the capping protection for commercial tax class is paid for by the other commercial properties throughout the Region by having a portion of their property tax decrease withheld (clawed back). As part of the Region -wide process, the City of Pickering uses a Provincial database program called "Online Property Tax Analysis" (OPTA) to verify non-residential assessment data. Every municipality within Durham Region uses the OPTA system. Assessment Review Board decisions and Minutes of Settlement decisions have been incorporated into the capping calculations up to the "cut-off date" of March 31, 2020. Bill 83 — Legislative Changes to Capping Legislation In 2004, the Province passed Bill 83, Budget Measures Act, 2004, which provided for various optional tax tools that could be used for the non-residential tax class. In a two tier municipal government structure, the upper tier has the option to select all or some of the tax tools. These tax tools consist of the following options: 1. Annual threshold increase of previous year's annualized taxes raised from 5 per cent to 10 per cent. 2. Annual threshold increase capped at 5 per cent of previous year's CVA taxes. 3. Billing threshold established whereby a property that is within the $250 of its CVA based taxation is required to pay its full CVA property taxes. 4. The minimum CVA tax for new construction properties was 60 per cent in 2006. New construction properties are now fully phased -in at 100 per cent CVA tax. - 104 - FIN 10-20 July 27, 2020 Subject: 2020 Final Property Tax Due Date for Commercial, Industrial Page 3 and Multi -Residential Realty Tax Classes The purpose of these tax tools was to accelerate the movement of non-residential taxpayers to full CVA taxes (such that taxes are calculated using Current Value Assessment multiplied by the corresponding tax rate). Bill 144 — Legislative Enhancements to Capping Legislation In 2015, the Province provided additional enhancements to the capping program through Bill 144, the Budget Measures Act, 2015. Beginning in 2016, municipalities are able to increase the annual cap from its current level of 5 per cent of previous year's CVA level taxes up to a new maximum of 10 per cent. In addition, municipalities are able to move properties directly to CVA level taxes if they are within $500 of CVA level taxes, up from the current $250 threshold. The annual cap of up to 10 per cent of previous year's annualized taxes would be maintained. For 2020, the Region of Durham has adopted all of the tax tools and enhancements referenced above, which will reduce the potential remaining life of this program and the protection requirements. Under the Municipal Act, Subsection 343(1), the tax bills must be mailed 21 days before the due date. Taxation staff are cognizant of this legislative requirement and design the tax billing process to meet this requirement. The coordinated efforts between OPTA and Durham Region municipalities have accelerated the capping calculation process over the last few years, allowing the capping `freeze' to be completed earlier in the year. Table One 2020 Billing Due Dates Feb. March April May June July Aug. Sept. Oct. Regular Interim Revised Plan Interim Interim Penalty Penalty Waived Waived Final Final As the above table indicates, Pickering is providing the non residential taxpayer an additional month to pay their property taxes in contrast to the traditional billing pattern. In the past, the City has provided indirect cash flow assistance to the non-residential taxpayer by providing them the advantage of skipping the June instalment date, and by having the final instalment due in the fall. Taxation staff are recommending that Council continue with the payment deferral for non-residential properties which results in only one final due date. It is staff's understanding, that Pickering is one of the few municipalities that provides the payment deferral for the business community. Communication Strategy In addition to mailing the tax bills, the City will advertise the tax instalment due dates on the City's webpage and in the Pickering News Advertiser prior to each tax due date. - 105 - FIN 10-20 July 27, 2020 Subject: 2020 Final Property Tax Due Date for Commercial, Industrial Page 4 and Multi -Residential Realty Tax Classes Attachments: 1. By-law to Establish the 2020 Final Property Taxes and Due Date for the Commercial, Industrial and Multi -Residential Realty Tax Classes Prepared By: Original Signed By: Mike Jones Supervisor, Taxation Approved / Endorsed By: Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino Interim Chief Administrative Officer - 106 - Attachment #1 to Report #FIN 10-20 The Corporation of the City of Pickering By-law No. 7772/20 Being a By-law to Establish the 2020 Final Property Tax Due Date for the Commercial, Industrial and Multi -Residential Realty Tax Classes Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31 as amended, and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Pickering; and, Whereas the Regional Municipality of Durham has passed By-law No. 08-2020 to establish tax ratios, and By-law No. 10-2020 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Durham Region Transit Commission, and By-law No. 11-2020 to set and levy rates of taxation for Regional Solid Waste Management, and By-law No. 09-2020 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 7730/19) before the adoption of the estimates for the current year; and, Whereas sub section 342 (2) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2020 Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. For the year 2020, The Corporation of the City of Pickering (the "City") shall levy upon all Property Classes (Residential, Commercial, Industrial and Multi - residential) as set out in Schedule "A" of By-law 7752/20, the rates of taxation, for the City of Pickering, the Region of Durham, and for Education purposes on the current value assessment. 2. Where applicable, taxes shall be adjusted in accordance with the Continued Protection for Property Taxpayers Act, 2000, as amended and its Regulations. - 107 - By-law No. 7772/20 Page 2 3. The levy shall be reduced by the amount of the interim levy for 2020. 4. The 2020 final tax capping calculations for the industrial, commercial and multi - residential realty tax classes are based on a freeze date of March 31, 2020. 5. The 2020 taxes owed for the commercial, industrial and multi -residential assessed properties shall be due in one instalment on October 28, 2020, or as adjusted by the Treasurer. 6. Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O. c.25 as amended. 7. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 8. Taxes shall be payable to the Treasurer, City of Pickering. 9. This By-law is to come into effect on the date of its final passing. By-law passed this 27th day of July, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 108 - Cfy �t DICKERING Report to Council Report Number: FIR 01-20 Date: July 27, 2020 From: John Hagg Fire Chief Subject: Supply and Delivery of One Aerial Ladder Truck - Quotation No. Q2020-4 - File: A-1440 Recommendation: 1. That RFQ No. Q2020-4 submitted by Safetek for the supply and delivery of one aerial ladder truck in the amount of $1,534,030.94 (HST included) be accepted; 2. That the total gross project cost of $1,677,500.00 (HST included) and the total net project cost of $1,510,641.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $1,510,641.00 as follows: a) The sum of $1,473,128.00, as provided for in the 2019 Fire Services Capital Budget be funded by a transfer from the Development Charges — Protection Services Reserve Fund; b) The sum of $37,513.00, as provided for in the 2019 Fire Services Capital Budget be funded by a transfer from the Seaton Landowners Group FIA Reserve Fund; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: As approved in the 2019 Capital Budget, the Fire Services Department will require one aerial ladder truck for the new fire station being built on Zents Drive for the Seaton Community. For the purpose of supplying this apparatus, Quotation No. Q2020-4 was prepared and advertised on the City's website on February 20, 2020. The closing date was extended to May 7, 2020 due to the Covid-19 pandemic. The Evaluation Committee scored the quotations and established Safetek as the highest ranking Respondent. The total gross project cost is estimated to be $1,677,500.00 (HST included) and the total net project cost is estimated at $1,510,641.00 (net of HST rebate). - 109 - FIR 01-20 Subject: Supply and Delivery of One Aerial Ladder Truck July 27, 2020 Page 2 Financial Implications: 1. Quotation Amount Quotation No. Q2020-4 HST (13%) Total Gross Quotation Cost $1,357,549.50 176,481.44 $1,534,030.94 2. Estimated Project Costing Summary Quotation No. Q2020-4 Tools and Equipment Pre -construction and Inspection Meetings Contingency Sub Total Cost HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $1,357,550.00 100,000.00 11,963.00 15,000.00 1,484,513.00 192,987.00 $1,677,500.00 (166,859.00) $1,510,641.00 3. Approved Source of Funds 2019 Fire Services Capital Budget Description Supply and Delivery of One Aerial Ladder Truck Account Code 5340.1903.6458 Source of Funds RF DC — Protection Services RF — Seaton Land Group FIA Total Funds Available Required Budget $1,473,128.00 $1,473,128.00 37,772.00 37,513.00 $1,510,900.00 $1,510,641.00 Project Cost under/(over) approved funds by $259.00 This apparatus will require necessary tools and equipment that will require custom mounting and fitting in order to ready it for service. Therefore, a portion of the funds will be required for the purchase and installation of this equipment. - 110 - FIR 01-20 July 27, 2020 Subject: Supply and Delivery of One Aerial Ladder Truck Page 3 Discussion: This aerial ladder truck, as approved in the 2019 Capital Budget and bid under Q2020-4, will be primarily utilized to respond to structure fires and industrial alarms in the Seaton Community and the rest of the City. It is designed to be highly maneuverable in the Seaton Community and the 75 foot ladder will provide an elevated rescue and water device. This aerial ladder truck will also have the capability to respond to automobile accidents, medical responses and specialized rescue incidents. Major tools and equipment required for purchase include Harris portable radios, Hurst eDraulic rescue tools, fire hose, nozzles and a thermal imaging camera. Specifications for this apparatus were developed based on consultation with Purchasing staff, City Operations staff, the Fire Services Joint Health and Safety Committee, and Training Division staff. The estimated time to have this apparatus built and in-service is 18 months after the successful Respondent is awarded. This time allows Pickering Fire Services' and Operations staff to carefully oversee the construction of the apparatus and ensure it is fully operational before it is deemed ready for service. This includes installing any additional tools and equipment not included in the purchasing contract, and training Operations and Fire Services staff on the apparatus' maintenance and use. When the apparatus is ready for service it will be added to the Pickering Fire Services vehicle fleet. Until the new fire station is opened, it will be utilized as a spare apparatus and will be put into service when it is needed. The plan to have this apparatus in service prior to the new station opening will allow all staff several opportunities to train and work with the apparatus. Submissions were received to the quotation call of Q2020-4, which closed on Thursday, May 7, 2020 with two Respondents submitting quotations for this project. Fire Services staff have reviewed the previous work experience of Safetek and the references provided, and the bid is deemed acceptable. Upon careful examination of all quotations and relevant documents received, the Fire Services Department recommends the acceptance of the RFQ submitted by Safetek for RFQ No. Q2020-4 in the amount of $1,534,030.94 (HST included) and that the total net project cost of $1,510,641.00 be approved. Attachments: 1. Supply & Services Summary Memorandum dated July 7, 2020 Prepared By: Original Signed By: Jason Yoshida Deputy Fire Chief Approved/Endorsed By: Original Signed By: John Hagg Fire Chief FIR 01-20 July 27, 2020 Subject: Supply and Delivery of One Aerial Ladder Truck Page 4 Original Signed By: Ray Rodrigues, CPPB Manager, Supply & Services JY:fn Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 112 - GtZ =/ PICKERING Attachment #1 to Report #FIR 01-20 Memo To: John Hagg July 7, 2020 Director, Fire Services From: Lisa Chang Buyer, Supply & Services Copy: Administrative Assistant, Fire Services Deputy Fire Chief Foreperson, Municipal Garage Mechanic, Municipal Garage Manager, Supply & Services Subject: Quotation No. Q2020-4 Supply & Delivery of Aerial Fire Truck Closing Date: Tuesday, May 5, 2020 before 2:00 noon File: F-5300-001 Quotation Q2020-4 was advertised on the City's website on February 20, 2020 of which two company(ies) have responded. Stage I — Mandatory Submission Requirements — determines which submissions satisfy all the mandatory submission requirements and provides Respondents the opportunity to rectify deficiencies. One respondent rectified deficiencies in their submission within the rectification period. Two proposals proceed to Stage II — Evaluation. A summary of the Stage II and III evaluation results for each quotation is attached. Safetek Emergency Vehicles Ltd. is the top ranked respondent with a submitted price of $1,369,549.50 (HST Excluded). A budget of $1,510,900 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. - 113 - Subject to receipt of approvals on Health & Safety and insurance documents, please provide your recommendation in report form. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. LC Attachments (3) - 114 - Page 2 of 2 Cfy ot DICKERING Report to Council Report Number: LEG 04-20 Date: July 27, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Right of Entry By-law - File: L-2100-002-20 Recommendation: 1. That Report LEG 04-20 regarding the attached Right of Entry By-law be received; 2. That Corporate Services staff be directed work with Corporate Communications staff to conduct a public consultation, including posting on social media, to seek public and stakeholder input regarding the attached Right of Entry By-law; 3. That the attached Right of Entry By-law be presented to Council at its October meeting together with the results of the public consultation; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Staff have prepared a draft by-law (Attachment No. 1) to authorize an owner or occupant of land to enter adjoining land for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant. Financial Implications: Adopting a permitting system and by-law that is administered and enforced by the City will require staffing resources ranging from simple administrative costs to process a basic low -impact application, to extensive officer costs to inspect, monitor, and enforce high -impact work of a contentious nature. Staff do not anticipate a significant volume of Right of Entry permit applications. Based on this, it is not possible to establish a cost to administer the program. Administrative costs and basic inspection fees will be recoverable through the implementation of application and renewal permit fees as follows: Permit Type Fee Amount High -impact work, right of entry permit application $1000.00 High -impact work, right of entry permit renewal $500.00 Low -impact work, right of entry permit application $100.00 Low -impact work, right of entry permit renewal $50.00 - 115 - LEG 04-20 July 27, 2020 Subject: Right of Entry By-law Page 2 The above costs and fees, however, do not include any allowance associated with enforcement related to non-compliance, including potential prosecution. These costs would include both officer time and legal costs. If implemented, the Manager, Municipal Law Enforcement Services will report back through the 2021 Budget process on any additional costs required to administer and enforce a permitting system based on actual volumes experienced in 2020. Any additional costs would be fully offset by volume -based increased revenues. Discussion: Pursuant to Resolution 357/20 dated July 6, 2020, Council directed the City Solicitor to draft a Right of Entry By-law based on examples in Toronto, Ottawa and Windsor. The draft by-law is Attachment No. 1 to this report. In urban areas where houses are built close together and close to the property line, some homeowners may need to pass through or temporarily occupy a portion of a neighbouring property in order to make repairs or alterations to their own property. When these situations arise, it is necessary for the property owner to gain permission from their neighbour to enter the adjoining property. Without this permission, the property owner could be subject to allegations of trespass. The property owner can approach their neighbour and negotiate an agreement, either in writing or verbally, to gain entry. If the neighbour gives their consent, the property owner may enter and undertake the necessary work without any requirement for municipal involvement. The proposed Right of Entry By-law provides a mechanism by which entry can be gained by seeking authority to enter from the City in situations when property owners requiring access are unsuccessful at negotiating authorization with adjoining property owners. Authority to enact the proposed Right of Entry By-law derives from Section 132 of the Municipal Act, 2001, which authorizes the City to pass a by-law that grants the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant, but only to the extent necessary to carry out the repairs or alterations. The proposed Right of Entry By-law outlines a formal permit process to be handled through Municipal Law Enforcement Services and will require a completed application form to be submitted along with confirmation of insurance and a security deposit. The permit will indicate the period and times during which the right of entry may be exercised and proper notification to be given to the adjoining property owner. A permit issued by the City under the proposed Right of Entry By-law only authorizes access to adjoining lands to undertake repairs or alterations to buildings, fences or other structures. The by-law cannot be used to gain entry to a neighbouring property to undertake new construction, and cannot be used to gain access to the interior of a neighbouring building. The conditions under which right of entry must be exercised are that it must be done at a reasonable time, with reasonable notice, for the purpose of making repairs and alterations to buildings, fences or other structures, and only to the extent necessary to carry out the repairs or alterations. In addition, the person exercising the right to enter the adjoining land must restore the - 116 - LEG 04-20 July 27, 2020 Subject: Right of Entry By-law Page 3 land to its original condition, provide compensation for any damages caused by the entry, and provide a security deposit. The proposed Right of Entry By-law is intended primarily to address urban areas of the City where structures are built close to lot lines, making repairs or alterations difficult without encroaching onto a neighbouring property. The Right of Entry By-law only permits entry onto adjoining lands for repairs or alterations when necessary, and if no other access is available. The proposed by-law will not affect areas where property owners can repair or alter buildings, fences or other structures while remaining on their property. The draft Right of Entry By-law represents a reasonable intrusion on the private property rights of Pickering homeowners. Because of its impact on property rights, City staff recommend that the attached draft by-law be submitted to public and stakeholder consultation before it is brought back to Council for enactment. Attachments: 1. Draft Right of Entry By-law Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Candace Tashos, B.A. (Hons.), M.A., J.D. Kimberly Thompson, CMM III, CPSO Assistant Solicitor Manager, Municipal Law Enforcement Services Approved/Endorsed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 117 - Attachment #1 to Report #LEG 04-20 The Corporation of the City of Pickering By-law No.XXX Being a by-law authorizing entry upon adjoining lands for the purpose of making repairs or alterations to buildings, fences or other structures. Whereas under section 132 of the Municipal Act, 2001, S.O. 2001, c.25 (the "Act"), the Council of a local municipality may pass a by-law to authorize the owner or occupant of land to enter adjoining land for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Definitions In this By-law: (a) "alteration" includes, but is not limited to, a structural change to the exterior or interior of an existing building, fence or other structure, but does not include a total replacement of an existing building, fence or other structure; (b) "applicant" means the owner or occupant of land who applies for a permit, or any person authorized by the owner or occupant to apply for a permit on the owner's or occupant's behalf; (c) "building" means any structure used or intended for supporting or sheltering any use or occupancy; (d) "By-law Manager" means the City's Manager, Municipal Law Enforcement Services or their designate; (e) "City" means the municipal corporation of the City of Pickering or the geographic area of the City of Pickering as the context requires; (f) "high -impact work" means a repair or alteration that requires entry on the adjoining land for the erection of temporary structures, such as scaffolding; the placement of, or access for, any type of heavy equipment; or the distressing of the adjoining land, including the removal of a structure or fence, or the excavation or removal of any landscaping or paving; (9) "land" includes buildings, fences and structures; - 118 - By -Law No. Page 2 (h) "low -impact work" means a repair or alteration that requires entry on the adjoining land to carry out work that does not include the erection of temporary structures, such as scaffolding; the placement of, or access for, any type of heavy equipment; and the distressing of the adjoining land, including the removal of a structure or fence, or the excavation or removal of any landscaping or paving; (i) "occupant" means any person or persons over the age of 18 years in possession of the land; (j) "officer" means a municipal law enforcement officer employed by the City to enforce municipal by-laws; (k) "owner" means the registered owner of the land or a person authorized in writing by the registered owner of the land to act on the owner's behalf for the purpose of filing an application under this By-law; (I) "permit" means a permit issued under this By-law that authorizes right of entry on adjoining lands; (m) "permit holder" means the owner or occupant to whom a permit has been issued under this By-law; (n) "repair" includes: (i) maintenance and upkeep; and (ii) the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a building, fence or other structure conforms with the standards established in a by-law or the Act; and (o) "structure" means anything installed, constructed or erected with a fixed location on the ground, but does not include an inground swimming pool. 2. Interpretation When reading and interpreting this By-law: (a) unless otherwise specified, references in this By-law to parts, sections, subsections, clauses and schedules are references to parts, sections, subsections, clauses and schedules in this By-law; (b) references in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted; - 119 - By -Law No. Page 3 (c) this By-law shall be read with all changes in gender or number as the context requires; (d) references in this By-law to items in the plural include the singular, and references to the singular include the plural, as applicable; and (e) the words "include", "includes" or "including" are not to be read or interpreted as limiting the words, phrases or descriptions that follow them. 3. Right of Entry on Consent or by Permit (1) The owner or occupant of land may enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations: (a) if the owner of the adjoining land has given prior consent to this entry; or (b) if the By-law Manager has issued a permit for this entry and the entry occurs during the period specified in the permit. (2) The power of entry under section 3(1)(b) is subject to compliance with the following conditions: (a) the power of entry may only be exercised by a permit holder or his or her employees or agents and only if they comply with all of the conditions of the permit and the provisions of this By-law; (b) a person exercising the power of entry must display or, on request, produce proper identification; (c) the permit holder shall provide reasonable notice of the proposed entry to the occupant of the adjoining land, as described in section 4(2)(j)(iv); (d) the permit holder, his or her employees or agents, shall not create any hazards or allow any hazards to exist on the adjoining land; (e) the permit holder shall, in so far as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land; and (f) without limiting the generality of (e) above, restoring the adjoining land to its original condition includes removing any equipment or materials left on the adjoining land as a result of the entry. - 120 - By -Law No. Page 4 (3) The power of entry under section 3(1)(b) does not authorize: (a) entry into a building on the adjoining land; (b) the use of the adjoining land for any other work or activity other than that described on the permit; (c) the storage of materials or equipment, or the parking of vehicles, on the adjoining land; and (d) an exemption to any person from complying with other City by-laws. (4) In the case of entry under the consent of the owner of the adjoining land under section 3(1)(a), the conditions and limitations in sections 3(2) and 3(3) apply to the power of entry, with necessary modifications, unless the owner granting the consent and the owner or occupant exercising the right of entry agree otherwise. (5) No person shall fail to permit a right of entry being exercised in accordance with a permit issued under this By-law. (6) Any permit issued under this By-law is not transferable. 4. Permit Application (1) To obtain a permit, the owner shall file a complete application with the By- law Manager on a form prescribed by the City. (2) An application for a permit must include the following: (a) the name, address, and telephone number of all contractors that will carry out the proposed work for which entry is required on the adjoining land; (b) the municipal business licence number of every contractor or trade that is required to be licensed by the City; (c) the insurance type and number of every contractor or trade that is required to be insured in accordance with municipal or provincial regulations; (d) the nature of the proposed work that requires use of the adjoining land and the proposed use of the adjoining land, including what equipment will be used, if and how the adjoining land will be distressed, and whether any nuisances will result from the proposed use of the adjoining land (for example, dust fumes, noise, or restricted access); - 121 - By -Law No. Page 5 (e) the proposed attenuating measures to control each of the nuisances identified under (d) above; (f) an estimate of the time that the proposed work will require use of the adjoining land, as described in (d) above is expected to take; (g) the days and times that entry will be required; (h) the proposed remediation measures required to bring the adjoining land, in so far as practicable, to its original condition; (1) an estimate of the time required to do the remediation work described in (h) above; (j) a signed form acknowledging the permit holder's obligation to: (i) use the adjoining land only to the extent necessary to carry out the work on the adjoining land as outlined in the permit; (ii) not use the adjoining land for any other purpose, including for the storage of materials or equipment and the parking of vehicles; (iii) provide a security deposit and agree to its forfeiture if deemed necessary by the By-law Manager to comply with the permit holder's obligations to restore the adjoining land and provide compensation for damages; (iv) provide at least 24 hours' notice in writing to the occupant of the adjoining land before any contractor enters the adjoining land; (v) systematically mitigate all nuisances with respect to the use of the adjoining land to the extent practicable; (vi) restore the adjoining land to its original condition and provide compensation for any damages caused by the entry or by anything done on the adjoining land to the satisfaction of the By-law Manager; and (vii) without limiting (iv) above, to hold the owner of the adjoining land harmless in the event of any damages to people or property as a result of anything done on the adjoining land to the extent allowable by law; - 122 - By -Law No. Page 6 (k) proof that the owner of the adjoining land has been included as a named insured in the liability insurance of the owner for the period covering the estimated time of the proposed work on the adjoining land; and (1) the permit application fee set out in the City's current General Municipal Fees By-law. (3) The notice required under section 4(2)(j)(iv) may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed. (4) The permit application fee is non-refundable. 5. Notice to Adjoining Land Owner (1) After receiving a completed application, the By-law Manager shall notify the owner of the adjoining land in writing that a permit has been requested to enter the adjoining land, and the notice shall provide all of the relevant information, set out in section 4(2), as determined by the By-law Manager. (2) The owner of the adjoining land may, within 10 business days of the date specified in the notice, make a submission to the By-law Manager to provide details of any circumstances that may be considered by the By- law Manager in establishing the conditions of the permit. (3) The By-law Manager may extend the submission time under (2) above for not more than 10 business days. (4) The By-law Manager shall provide the owner of the adjoining land with a copy of any permit or renewal of a permit that applies to the adjoining land. 6. Permit Issuance / Renewal / Refusal / Revocation (1) The security deposit required under section 7 shall be submitted before a permit is issued. (2) A permit issued under this By-law shall indicate the period and times during which the right of entry may be exercised, and this period shall not commence earlier than five business days from the date of issuance. (3) The permit shall also set out any additional conditions, as determined by the By-law Manager that reasonably relate to the right of entry (for example, the protection of a particular plant). - 123 - By -Law No. Page 7 The permit holder or owner, if not the permit holder, may apply to the By- law Manager for a renewal of the permit before the expiry date of the right of entry under the current permit. A permit renewal application shall include all the information and other documents required under section 4(2). After a complete permit renewal application is received, the By-law Manager shall notify the owner of the adjoining land in writing that a permit renewal application has been requested by the applicant. The owner of the adjoining land may, within 10 business days from the date specified in the notice, make a submission to the By-law Manager providing details of any circumstances that may be considered by the By- law Manager in reviewing the permit application renewal. (8) If a renewal is granted, it shall deem the existing permit to continue for the period specified in the approval and may provide that the right of entry is subject to any existing conditions or additional conditions as established by the By-law Manager. (9) The By-law Manager may revoke a permit or deny the renewal of a permit if there is non-compliance with the permit conditions. (10) If a permit is revoked or is not renewed, the permit holder shall, in so far as is practicable, restore the adjoining land to its original condition and provide compensation for any damages caused by the entry or by anything done on the adjoining land, to the satisfaction of the By-law Manager. (11) Where the By-law Manager refuses to issue a permit, the applicant shall be informed of this decision in writing and the reasons for the refusal. 7. Security Deposit (1) The security deposit for a permit for low -impact work is $500.00. (2) The minimum security deposit for a permit for high -impact work is $2,000.00. (3) The By-law Manager shall determine the amount of the security deposit required for a permit for high -impact work above the minimum amount set out in (2) above and shall base this amount on the information in the permit application, the inspection by officers, any submissions by the owner of the adjoining land, and any other information deemed reasonable by the By-law Manager for this purpose. - 124 - By -Law No. Page 8 (4) If in his or her submission, under section 5(2), the owner of the adjoining land requests a review of the amount of the security deposit established by the By-law Manager, the submission shall include a detailed estimate in a form acceptable to the By-law Manager. (5) The security deposit amount established by the By-law Manager after any review of a submission under section 5(2) shall be deemed final. (6) The security deposit for a permit shall be in the form of a certified cheque made payable to the 'City of Pickering'. (7) In the case of low -impact work, the City may hold the security deposit for no more than 60 days after the completion of the work requiring entry on the adjoining land, the completion of any remediation work on the adjoining land, and the expiry of the right of entry under the permit, whichever is later, to ensure compliance with the permit holder's obligations under section 3(2)(e). (8) Notwithstanding (7) above and to ensure compliance with the permit holder's obligations under section 3(2)(e), including unseen damages, in the case of high -impact work, the security deposit shall be held for one year after the completion of the work requiring entry on the adjoining land and the completion of any remediation work on the adjoining land, whichever is later. (9) If within the period in (7) above, or after the period in (8) above, the By-law Manager determines that the permit holder has not complied with the requirements to restore the land and pay compensation for damages as required under section 3(2)(e), the City may provide the owner of the adjoining land with all or part of the security deposit and return any remainder to the permit holder. (10) The owner of the adjoining land and the permit holder may on consent authorize the City to provide the owner of the adjoining land with all or part of the security deposit at a date earlier than provided under (7) and (8) above. 8. Emergency Exception (1) If a building, fence or other structure on the land poses an immediate danger to the health or safety of any person, the owner or occupant of the land or his or her employee or agent may enter the adjoining land without a permit or prior consent, but only to the extent necessary to terminate the emergency. - 125 - By -Law No. Page 9 The owner or occupant of the land shall, to the extent possible, notify the owner of the adjoining land of the emergency and the need to enter the adjoining land before entering the adjoining land. All work necessary to terminate the emergency and that requires entry on the adjoining land shall be carried out as if a permit had been granted under this By-law and is subject to compliance with the conditions in section 3(2), other than notice, and to any other permit conditions retroactively imposed by the By-law Manager. (4) Unless the owner of the adjoining land waives this requirement, the owner or occupant undertaking the work on the adjoining land shall apply for a permit retroactively for the work performed to terminate the emergency as well as for any other work that will require entry on the adjoining land. 9. Inspection (1) An officer, other employee, or agent of the City may enter on lands at any reasonable time for the purpose of carrying out an inspection to determine whether or not this By-law or a condition of a permit issued under this By- law are being complied with. (2) A person carrying out an inspection under (1) above, may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone, or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection. 10. Enforcement (1) This by-law may be enforced by an officer. (2) No person shall make a false or intentionally misleading statement of fact, statutory declaration, application or other document required by this By- law. (3) No person shall prevent, hinder or obstruct or attempt to prevent, hinder or obstruct an officer in the enforcement of this By-law. - 126 - By -Law No. Page 10 (4) Where an officer has reasonable grounds to believe that an offence has been committed by a person, the officer may require the name, address, and proof of identity of that person, and no person shall fail to provide the requested information. 11. Orders to Comply (1) An officer who finds a contravention of this By-law may make one or more orders requiring discontinuance of the contravening activity or to do work to correct the contravention. (2) The order may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed. (3) If there is evidence that the occupant of the land is not the registered owner, the notice shall be served on both the registered owner and the occupant of the land. (4) If the address of the owner is unknown or the City is unable to effect service on the owner or occupant under (3) above, a placard stating the terms of the order and placed in a conspicuous place upon land on or near the land shall be deemed to be sufficient notice to the owner. (5) If the delay necessary to give an order under the preceding subsections would result in an immediate danger to the health or safety of any person, the order may be served personally on the person to whom it is directed or by a placard stating the terms of the order and placed in a conspicuous place upon land on or near the land. 12. Offences and Penalties (1) Every person who contravenes any provision of this By-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to (2), upon conviction is liable to a fine not exceeding $25,000.00. (2) Where a corporation is convicted of an offence under (1), the maximum penalty that may be imposed on the corporation is $100,000.00. 13. Short Title This By-law may be cited as the "Right of Entry By-law". 14. Force and Effect This By-law shall come into force and effect on the date it is passed. - 127 - By -Law No. Page 11 ENACTED AND PASSED this day of , 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 128 - Cfy ot DICKERING Report to Council Report Number: LEG 05-20 Date: July 27, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Nuisance By-law - File: L-2100 Recommendation: 1. That the draft Nuisance By-law, included as Attachment 1, providing restrictions regarding littering, public urination, spitting, the draining of swimming pools, and fixture vandalism within the City of Pickering, be enacted; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The proposed Nuisance By-law prohibits actions or behaviour deemed inappropriate by the City. A substantially similar by-law was prepared by City staff in 2010 at the request of Durham Regional Police Service, but it was not enacted. The provision regarding littering is replacing previous regulations. All regulations in the by-law will have set fines established for contraventions of the by-law. Financial Implications: Minimal revenue will be generated from issuance of Part I Offence Notices with set fines. A modest incremental increase in the workload of the City's Municipal Law Enforcement Officers will also result. Discussion: The proposed Nuisance By-law addresses a variety of issues including urinating, defecating, spitting and vomiting in public. Given the impact of the COVID-19 pandemic on public health and the use of public spaces and facilities, enactment of the attached by-law is timely. The provisions relating to boulevard fixtures are an expansion of regulations in the boulevard by- law and were drafted to enable set fines to be created for actions which may not result in damage to the fixtures but nonetheless create a public nuisance. Regulations have also been included relating to the discharge of water from swimming pools, hot tubs and ponds onto neighbouring properties. This issue has come up on a number of occasions and the City currently has no by-law that regulates such activity. Under the by-law, this type of action would be an offence. The proposed by-law exempts the accepted practice of draining the water into municipal storm sewer. - 129 - LEG 05-20 July 27, 2020 Subject: Nuisance By-law Page 2 Finally, the provisions relating to littering and illegal dumping are being consolidated into the proposed by-law. The existing stand-alone Littering By-law 5330/98 should be repealed. The inclusion of the regulations prohibiting littering and illegal dumping will ensure the by-law has updated enforcement and penalties sections. This provision is also another which may be enforced more effectively with set fines. It must be noted that the process for Ministry of the Attorney General approval of set fines for the new by-law, if enacted, will take several months. The proposed Nuisance By-law will provide additional tools to both staff and Durham Regional Police to deal with various issues which affect the public from time to time. The provisions incorporated are similar to those found in many other municipal nuisance by-laws. While finalizing the attached draft by-law, staff have considered the nuisance by-laws in place in Oshawa, Scugog, Whitby, Ajax and Clarington. The attached by-law is substantially similar to the by-law drafted in 2010, however, staff have added and revised some of the provisions to enable more effective enforcement. Attachments: 1. Proposed Nuisance By-law Prepared/Approved By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 130 - Attachment #1 to Report #LEG 05-20 The Corporation of the City of Pickering By-law No. 7773/20 Being a by-law to prohibit and regulate public nuisances within the City of Pickering. Whereas section 128 of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become public nuisances; and Whereas, in the opinion of Council, the act of urinating, defecating, spitting or vomiting in a public place is a public nuisance; and Whereas, in the opinion of Council, the act of knocking over or damaging mailboxes, relay boxes, newspaper boxes, recycling boxes, garbage containers, permitted signs or other public fixtures is a public nuisance; and Whereas, in the opinion of Council, the act of throwing, placing or depositing refuse on property without permission from the owner or occupant of such property is a public nuisance; and Whereas, in the opinion of Council, the act of depositing certain liquids or materials into municipal storm sewers is a public nuisance. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part I - Interpretation Definitions 1. In this by-law, "City" means The Corporation of the City of Pickering or the geographical area of the City of Pickering, as the context requires; "Council" means the Council of the City; "fixture" means any structure that the City permits to be located within a boulevard including a utility box, newspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, hydro pole, streetlight, stoplight pole, recycling waste module, mailbox, street sign, a Canada Post relay mailbox, permitted signs, or a blue box, green bin or other garbage container; "highway" has the same meaning as in subsection 1 (1) of the Highway Traffic Act' and includes unopened and unassumed road allowances; - 131 - By-law No.7773/20 Page 2 "officer" means a municipal law enforcement officer employed by the City, or a police officer pursuant to subsection 42(1)(h) of the Police Services Act; "owner" includes the person or persons registered as the owner of a subject property in the most recent municipal tax records and/or on the deed in accordance with the records of the land registry office; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and also includes the heirs, executors or legal representatives of the person; "public place" includes a highway and any other place to which the public has access as of right or by invitation, expressed or implied, and any private property that is exposed to public view, but does not include a washroom facility; "refuse" includes garbage or debris of any kind and, without limiting the generality of the foregoing, includes a vehicle that appears by reason of its appearance, mechanical condition or lack of current licence plates to be inoperative, inoperative mechanical equipment, automotive and mechanical parts, appliances, furnaces, heater or fuel tanks, disused furniture, table waste, paper, cartons, crockery, glassware, cans, garden refuse, earth or rock fill, old or decayed lumber, material from construction or demolition projects, and old clothing; and "storm sewer" means a pipe, conduit, drain, open channel or ditch for the collection and transmission of storm water, drainage from land, or from a watercourse, or any combination thereof. References 2. In this by-law, references to any Act, regulation or by-law is a reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 3. This by-law shall be read with all changes in gender or number as the context may require. 4. A grammatical variation of a word or expression defined has a corresponding meaning. Conflicts 5. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. - 132 - By-law No.7773/20 Page 3 Severability 6. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Part II — Regulations General Prohibitions 7. No person shall urinate, defecate or spit in a public place. 8. No person shall vomit by reason of being intoxicated in a public place. Fixtures 9. No person shall knock over, attempt to knock over or otherwise attempt to damage a fixture. 10. No person shall alter or deface a fixture. Swimming Pools 11. No owner shall permit or allow the discharging of any water, from swimming pools, hot tubs, wading pools or ornamental ponds to drain or migrate onto adjacent property, other than a municipal storm sewer. 12. No owner shall permit or allow any sump pump to be discharged directly onto any neighbouring property. Storm Sewers 13. No person shall deposit or cause or permit to be deposited any liquids (other than storm water) or materials into a municipal storm sewer. Exceptions 14. Sections 11, 12 and 13 shall not apply to a person who drains water from a swimming pool, hot tub, ornamental pond, downspout, eaves trough or sump pump directly into a municipal storm sewer. Littering & Illegal Dumping 15. No person shall throw, place or deposit or cause or permit to be thrown, placed or deposited any refuse on any property without permission from the owner or occupant of such property. - 133 - By-law No.7773/20 Page 4 Part III - Enforcement Enforcement 16. This by-law may be enforced by any officer. 17. An officer may, at any reasonable time, enter upon any property for the purpose. of determining whether or not the provisions of this by-law have been complied with. 18. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with ah officer. 19. Where an officer has reasonable grounds to believe that an offence has been committed by a person, the officer may require the name, address, and proof of identity of that person, and no person shall fail to provide the requested information. Offences and Penalties 20. Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to subsection (2), upon conviction is liable to a fine not exceeding $25,000. 21. Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed on the corporation is $100,000. Part IV — General Short Title 22. This by-law may be cited as the "Nuisance By-law". Repeal 23. By -Law No. 5330/98 is hereby repealed. Effective Date 24. This by-law shall come into force and effect on the day it is passed. By-law passed this 27th day of July, 2020. Kevin Ashe, Deputy Mayor - 134 - By-law No.7773/20 Page 5 Susan Cassel, City Clerk - 135 - Cly �J DICKERING Memo To: Susan Cassel July 20, 2020 City Clerk From: Richard Holborn Director, Engineering Services Copy: Interim Chief Administrative Officer Subject: - Draft By-law Amendment to Schedule "14", Community Safety Zones, to By-law 6604/05 - Liverpool Road from Bayly Street to Wharf Street File: A-1440 Further to the June 29, 2020 Council Meeting, Pickering City Council passed Resolution #364/20, directing staff to designate Liverpool Road from Bayly Street (Regional Road 22) to Wharf Street as a Community Safety Zone. Please find attached Resolution # 364/20 and the draft by-law amendment that amends Schedule 14, Community Safety Zones, to the Traffic and Parking By-law 6604/05. NE:mjh Attachment Resolution #364/20, City of Pickering Speeding on Liverpool Road Draft By-law Amendment to Schedule "14", to By-law 6604/05 - 136 - July 6, 2020 To: From: Subject: Legislative Services Division Clerk's Office Directive Memorandum Richard Holborn Director, Engineering Services Susan Cassel City Clerk Direction as per Minutes of the Meeting of City Council held on June 29, 2020 City of Pickering Speeding on Liverpool Road Council Decision Resolution #364/20 Whereas, Liverpool Road between Bayly and Wharf Streets, has had a history of speeding; And Whereas, Council at its meeting held on October 21, 2019, through Resolution #145/19, referred correspondence from the Region of Durham regarding the Automated Speed Enforcement (ASE) Program Implementation to staff for consideration of one (1) mobile unit, through the City of Toronto contact, for city road designated Community Safety Zones and 2020 pre -budget approval if required; And Whereas, Council at its meeting held on February 24, 2020, through Resolution #240/20, adopted the 2020 Budget to include $150,000 for ASE; And Whereas, the Montessori Learning Centre of Pickering is located at 631 Liverpool Road and as such qualifies this area as a Community Safety Zone under the ASE Program; And Whereas, Liverpool Road South is recognized as a destination for Pickering residents and many visitors who enjoy the shoreline of Lake Ontario; And Whereas, many families including small children, pets and visitors are rotating in and out of the area for short and long term stays resulting in a constant movement of people and cars; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Declares the portion of Liverpool Road between Bayly and Wharf Streets as a Community Safety Zone and directs Staff to erect the appropriate signage; 2. Supports a speeding solution for Liverpool Road South under the Automated Speed Enforcement Program pijdrld that; a) the costs of installing and maintaining such a solution don't exceed the amount included in the 2020 budget; b) a firm date for the installation can be determined; and, c) the solution has the potential to be removed during the winter months and used in another location if appropriate. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Director, Finance & Treasurer - 138 - The Corporation of the City of Pickering By-law No. 7774/20 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and, Whereas, it is deemed expedient to amend Schedule 14 to By-law 6604/05 to provide for the regulation of community safety zones on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to add a community safety zone on Liverpool Road from Bayly Street (R.R. 22) to Wharf Street. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 14 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Highway Add Schedule 14 Community Safety Zones Column 2 Column 3 Limits (From/To) Prohibited Times or Days Liverpool Road Bayly Street (R.R. 22) Anytime to Wharf Street - 139 - By-Iaw No. 7774/20 Page 2 By-Iaw passed this 27th day of July, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 140 -