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HomeMy WebLinkAboutNovember 23, 2020 Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Eddy - Director, Human Resources J. Hagg - Fire Chief J. Flowers - CEO & Director of Libraries, Pickering Public Library R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Cassel - City Clerk C. Rose - Chief Planner R. Perera - Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ryan read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm 5. Adoption of Minutes Resolution # 456/20 Moved by Councillor Pickles Seconded by Councillor Cumming Council Minutes, October 26, 2020 Executive Committee Minutes, November 2, 2020 Planning & Development Committee Minutes, November 2, 2020 Special Council Minutes, November 16, 2020 Carried 6. Presentations There were no presentations. 7. Delegations 7.1 Patrick McNeil, Chair of the Board of Directors, Elexicon Corporation Lesley Gallinger, President & CEO, Elexicon Energy Karen Fisher, Interim President & CEO and Chair of the Board of Directors, Elexicon Group Re: Elexicon Merger Update Patrick McNeil, Chair of the Board of Directors, Elexicon Corporation, Lesley Gallinger, President & CEO, Elexicon Energy, and Karen Fisher, Interim President & CEO and Chair of the Board of Directors, Elexicon Group, joined the electronic meeting via audio connection, to provide an update on Elexicon Corporation’s first year of operation. Mr. McNeil, Ms. Gallinger, and Ms. Fisher referred to a PDF presentation document that was circulated to Members of Council prior to the meeting. Highlights of the presentation included:  the primary objectives of the merger including sustainable cash flows for municipal owners, mitigating future rate increases for customers, improving services to customers, strengthening partnerships with local businesses and communities, and investing in innovation and growth;  mitigation measures taken by the organization to address the financial implications of the COVID-19 pandemic including supporting customers, weekly updates to the Board and employees, curtailing expenditures, limiting hires, and extending the organization’s line of credit; Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm  response and management of customers who are unable to pay their Elexicon bills;  focus on community relations though the Community Report which is distributed quarterly through the Mayor’s office and on the Elexicon website;  Elexicon Group’s growth model which is a combination of organic growth and exploiting expansion opportunities; and,  Elexicon Group’s focus on generating shareholder value and earnings provided through dividends over time, to supplement the LDC business model. A question and answer period ensued between Members of Council and Patrick McNeil, Lesley Gallinger, and Karen Fisher regarding:  the rational behind the deferral of dividends to shareholder municipalities and the current financial situation of Elexicon as it pertains to customers in arrears;  the Provincial COVID-19 Energy Assistance Program’s potential to outset the current 4 million in arrears, and whether the program could be applied retroactively;  whether the Elexicon Board would be reaching out to the Province to seek increased support;  whether the funding allocated by the Province through the COVID-19 Energy Assistance Program to assist residential and business owners in paying their bills had been fully expended;  whether the number of individuals and businesses applying for financial assistance through the COVID-19 Energy Assistance Program was a result of a lack of awareness or the qualifying criteria required by the Province to partake in the program;  challenges posed to shareholder municipalities in relation to budget planning processes in awaiting Elexicon’s decision regarding the deferra l of dividends until the end of the 1st quarter of 2021;  the need for information from Ontario Energy Board to enable Elexicon to decide on the deferral of the dividends;  the cost to the taxpayers in relation to the rate stabilization support provided by the Province during the pandemic and the impact to Elexicon’s revenue business model;  the market rules requiring Elexicon to pay the full energy consumption cost to the energy producer regardless of payment from the end user to Elexicon;  whether adjusting the market rules so that the energy producer would incur 50% of the debt incurred by local energy companies, such as Elexicon, to alleviate some of the debt pressures from customer arrears; Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm  the governing body that the Elexicon Energy Board is accountable to and whether the Board is appointed by the Province;  the breakdown of the $4 million in arrears in relation to commercial and residential customers;  whether the larger financial burden is due to the non-payments being more from businesses and whether the consumption occurs prior to the collection of fees;  the frequency in power outages and the related causes;  future plans to diversify the Elexicon Energy Board and the length of term for the Board;  whether Elexicon had returned to normal time of use rates; and,  the City’s willingness to assist in furthering the discussions with the Ontario Energy Board to fast-track the decision pertaining to dividends. 8. Correspondence 8.1 Corr. 51-20 David Crombie, Chair, Greenbelt Council Re: Regional Economic Roadmap for Recovery Resolution # 457/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Corr. 51-20, from David Crombie, Chair, Greenbelt Council, dated October 22, 2020, regarding the Regional Economic Roadmap for Recovery, be received for information. Carried 8.2 Corr. 52-20 Kevin Narraway, Manager, Legislative Services/Deputy Clerk Town of Whitby Re: Region of Durham’s Potential Return to Modified Stage 2 COVID-19 Restrictions Resolution # 458/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Corr. 52-20, from Kevin Narraway, Manager, Legislative Services/Deputy Clerk, Town of Whitby, dated October 27, 2020, regarding the Region of Durham’s Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm Potential Return to Modified Stage 2 COVID-19 Restrictions, be received for information. Carried 8.3 Corr. 53-20 The Honourable Rod Phillips, Minister of Finance Ministry of Finance Re: 2021 Ontario Municipal Partnership Fund (OMPF) Allocations Resolution # 459/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Corr. 53-20, from The Honourable Rod Phillips, Minister of Finance, dated October 29, 2020, regarding the 2021 Ontario Municipal Partnership Fund (OMPF) allocations, be received for information. Carried 8.4 Corr. 54-20 Ralph Walton, Regional Clerk The Regional Municipality of Durham Re: Natural Resources Canada Small Nuclear Reactor Action Plan 2020 (2020- EDT-9) Resolution # 460/20 Moved by Councillor McLean Seconded by Councillor Cumming That Corr. 54-20, from Ralph Walton, Regional Clerk, the Regional Municipality of Durham, dated October 29, 2020, regarding the Natural Resources Canada Small Nuclear Reactor Action Plan 2020 (2020-EDT-9), be endorsed. Carried 8.5 Corr. 55-20 Municipal Finance Officers’ Association of Ontario (MFOA) Re: Provincial Budget 2020: Ontario’s Action Plan: Protect, Support, Recover Members of Council inquired whether Staff would be providing a report to Council on the impact of the ramifications identified by MFOA as they relate to Pickering, Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm with Marisa Carpino, Interim Chief Administrative Officer, advising that Staff would report back by the December 14, 2020 Council meeting. Resolution # 461/20 Moved by Councillor McLean Seconded by Councillor Cumming That Corr. 55-20, from the Municipal Finance Officers’ Association of Ontario (MFOA), dated November 5, 2020, regarding the Provincial Budget 2020: Ontario’s Action Plan: Protect, Support, Recover, be received for information. Carried 8.6 Corr. 56-20 Jennifer O'Connell Member of Parliament, Pickering-Uxbridge Re: Universal Broadband Fund (UBF) Members of Council inquired about the status of the ICON program and whether the Universal Broadband Fund (UBF) would help to move this forward. Paul Bigioni, Director, Corporate Services & City Solicitor, advised that staff are currently looking into the benefits of the new Federal funding. He noted that there was a rapid response stream announced as part of the grant funding and stated that this may assist in defraying or reducing the cost of the existing ICON application that was previously approved by Council in August. Resolution # 462/20 Moved by Councillor McLean Seconded by Councillor Pickles That Corr. 56-20, from Jennifer O'Connell, Member of Parliament, dated November 9, 2020, regarding the Universal Broadband Fund (UBF), be referred to Staff and that a report be brought forward to Council in February 2021 on the status of the ICON application and the UBF. Carried 8.7 Corr. 57-20 Stan Karwowski, Director, Finance & Treasurer City of Pickering Re: Civic Centre Actual Project Costs-to-Date Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm Discussion and a question and answer period ensued between Members of Council and Marisa Carpino, Interim Chief Administrative Officer, regarding:  whether Staff would be updating Council in December on the costs incurred to date and expected future costs for the Project;  the current pause in the Project and the plans to bring forward the capital and operating costs of the City Centre, with a recommendation on how to move forward based on a financial funding strategy;  putting out a Request for Proposal (RFP) to hire an independent cost consultant to determine the full cost of the Projec t using the design work that had been completed to date with a report back to Council in the Spring of 2021 seeking approval to move forward;  reporting back on the full Project costs in the third quarter of 2021 and whether there were any expenses being incurred between now and when that report is brought forward to Council;  managing debt strategy as it relates to the proposed City Centre project due to the current unknown financial factors including zero revenue from the Pickering Casino, uncertainty regarding the dividends from Elexicon, and the proposed Development Charges;  whether the hiring of the independent cost consultant, to conduct a cost analysis for the City Centre project, would be the only outstanding expense for the proposed Project, and whether this RFP would be included in the 2021 Budget;  how the Project would be included in the 2021 Budget without knowing the full costs; and,  exploring provincial and federal funding opportunities available for projects that would kick start the economy, such as, the proposed City Centre project. Resolution # 463/20 Moved by Councillor McLean Seconded by Councillor Cumming That Corr. 57-20, from Stan Karwowski, Director, Finance & Treasurer, dated October 1, 2020, regarding the Civic Centre Actual Project Costs-to-Date, be received for information. Carried 8.8 Corr. 58-20 The Honourable Raymond Cho, Minister for Seniors and Accessibility Ministry for Seniors and Accessibility Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm Re: Advancing Accessibility in Ontario: Improving Understanding and Awareness about Accessibility Resolution # 464/20 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Corr. 58-20, from The Honourable Raymond Cho, Minister for Seniors and Accessibility, dated November 3, 2020, regarding Advancing Accessibility in Ontario: Improving Understanding and Awareness about Accessibility, be received for information; and, 2. That Corr. 58-20 be referred to the Pickering Accessibility Advisory Committee for their review. Carried 9. Report EC 2020-08 of the Executive Committee held on November 2, 2020 9.1 Director, Corporate Services & City Solicitor, Report BYL 04-20 PetSmart Charities Adoption Partner Program - Approval to Sign Agreement Council Decision: 1. That the PetSmart Charities Adoption Partner Program agreement be approved; 2. That the attached PetSmart Charities Adoption Partner Agreement be executed on the City’s behalf by the Mayor and City Clerk; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.2 Director, Engineering Services, Report ENG 05-20 Rotary Frenchman’s Bay West Park - Master Plan Update Council Decision: 1. That the Rotary Frenchman’s Bay West Park Master Plan Update as set out in Attachment #1 be endorsed by Council; Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm 2. That City staff be directed to coordinate with the Toronto and Region Conservation Authority to prepare the detailed design in preparation for construction; 3. That City staff consider including funds in the 2021 Parks Capital Budget to complete the detailed design and implementation of the Master Plan; 4. That a copy of this report be forwarded to the Toronto and Region Conservation Authority for their inf ormation, and that they be advised of Council’s decision on this matter; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.3 Director, Engineering Services, Report ENG 12-20 Beachfront Park Rehabilitation & Needs Assessment - Work Plan Status Report Council Decision: 1. That Report ENG 12-20 regarding a Work Plan Status Report for Beachfront Park, as a follow-up to Report ENG 13-19 and in response to Resolutions #196/19 & 197/19, be received for information; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report; and, 3. That Staff be directed to report back to the Executive Committee in March 2021, with the roll out plan for the public engagement process and a status update on the project. 9.4 Director, Finance & Treasurer, Report FIN 13-20 2021 Interim Levy and Interim Tax Instalment Due Dates Council Decision: 1. That an interim property tax levy be adopted for all realty property classes for 2021; 2. That the interim property tax levy instalment due dates be February 24 and April 28, 2021; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, Council Meeting Minutes November 23, 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. 9.5 Director, Finance & Treasurer, Report FIN 14-20 2020 Year End Audit (Interim) Council Decision: 1. That the Audit Service Plan as submitted by Deloitte LLP, set out in Attachment 1 to this report, be received for information; and, 2. That the Interim Chief Administrative Officer and the Director, Finance & Treasurer be authorized to sign the confirmation of change to the master services agreement on behalf of the City. Resolution # 465/20 Moved by Councillor Pickles Seconded by Councillor Butt That Report EC 2020-08 of the Executive Committee Meeting held on November 2, 2020 be adopted, save and except Item 9.6. Carried 9.6 Director, City Development & CBO, Report PLN 23-20 Street Naming Policy - Council Endorsement Members of Council inquired whether the font size for new street signs could be enlarged to address visual concerns when reading the signs. Kyle Bentley, Director, City Development & CBO, advised that Staff would look into the current sign standards and opportunities for improvement. Resolution # 466/20 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council endorse the Street Naming Policy, as set out in the revised Appendix I attached to the Memorandum from the Director, City Development & CBO, dated October 29, 2020, subject to minor revisions acceptable to the Director, City Development & CBO; and, Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm 2. That the appropriate City of Pickering officials be au thorized to take the necessary actions as indicated in this report. Carried 10. Report PD 2020-08 of the Planning & Development Committee held on November 2, 2020 10.1 Director, City Development & CBO, Report PLN 22-20 Draft Plan of Subdivision Application SP-2019-02 Zoning By-law Amendment Application A 07/19 Oak Hill Developments Ltd. and White-Pine General Contractors Ltd. Lots 60 and 61, Plan 418 (467 and 471 Rosebank Road) Brief discussion ensued regarding the amendment to By-law 7793/20, included as Item 13.3 on the agenda, which was discussed at the November 2, 2020 Planning & Development Committee Meeting, noting that an amendment would be needed to Item 2 of the recommendation for PLN 22-20. Resolution # 467/20 Moved by Councillor Brenner Seconded by Councillor Pickles Council Decision: 1. That Draft Plan of Subdivision Application SP-2019-02, submitted by Oak Hill Developments Ltd. and White-Pine General Contractors Ltd., on lands being Lots 60 and 61, Plan 418, to establish a residential plan of subdivision consisting of 8 lots for detached dwellings as shown on Attachment #4 to Report PLN 22-20, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Zoning By-law Amendment Application A 07/19, submitted by Oak Hill Developments Ltd. and White-Pine General Contractors Ltd., to implement Draft Plan of Subdivision SP 2019-02 on lands being Lots 60 and 61, Plan 418, be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 22-20 be forwarded to Council for enactment; 3. That Amendment 8 to the Rosebank Neighbourhood Development Guidelines – Precinct No. 3, to allow an exception permitting minimum lot frontages of 12.2 metres for 4 lots fronting Gillmoss Road to implement Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm Draft Plan of Subdivision SP-2019-02, be endorsed as set out in Appendix III; and, 4. That Informational Revision 27 to the Pickering Official Plan Rosebank, Neighbourhood Map 11, to delete the proposed new northerly extension of Dunn Crescent to intersect with the future easterly extension of Gillmoss Road, as set out in Appendix IV, be approved. Carried Later in the Meeting (See Following Motion) Resolution # 468/20 Moved by Councillor Ashe Seconded by Councillor Cumming That item 2 of the main motion be amended to strike out “as set out in Appendix II to Report PLN 22-20”. Carried The Main Motion, as Amended, was then Carried 11. Reports – New and Unfinished Business 11.1 Director, Engineering Services, Report ENG 13-20 Consulting Services for Detailed Design for the New Highway 401 Road Crossing to Connect Notion Road to Squires Beach Road Resolution # 469/20 Moved by Councillor Pickles Seconded by Councillor Cumming 1. That Council approve the hiring of AECOM Canada Ltd. for the Detailed Design Services of the new Highway 401 road crossing to connect Notion Road to Squires Beach Road in accordance with Purchasing Policy 10.03 (c) as the assignment has a value above $50,000.00 and a competitive process is not being followed, and is therefore subject to the additional approval of Council; 2. That the fee proposal dated November 6, 2020 submitted by AECOM Canada Ltd. for the Detailed Design Services for the new Highway 401 road crossing to connect Notion Road to Squires Beach Road in the Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm amount of $3,284,320.14 (HST included) excluding provisional items be accepted; 3. That the total gross project cost $3,862,677.00 (HST included), including the proposal amount and other associated costs, and the total net project cost of $3,478,460.00 (net of HST rebate) be accepted; 4. That the Director, Finance & Treasurer be authorized to finance the estimated net project cost of $3,478,460.00 as follows: a) The sum of $1,000,000.00 as approved in the 2020 Development Projects (DC Funded) Capital Budget to be funded from a Third Party Contribution be increased to $1,391,384.00; b) The sum of $500,000.00 as approved in the 2020 Development Projects (DC Funded) Capital Budget to be funded from the DC Transportation Services Reserve Fund be increased to $1,600,092.00; c) The sum of $500,000.00 as approved in the 2020 Development Projects (DC Funded) Capital Budget to be funded from the Roads & Bridges Reserve Fund be revised to an Internal Loan in the amount of $486,000.00 for a term not exceeding two years, and the balance sum of $984.00 from property taxes; 5. That award of the proposal to AECOM Canada Ltd. be subject to the City of Pickering and Pickering Developments Inc. entering into a cost sharing agreement with respect to funding of the project; 6. That the appropriate City staff be authorized to execute a Professional Services Agreement between the City of Pickering and AECOM Canada Ltd. in a form satisfactory to the Director, Corporate Services & City Solicitor and Director, Finance & Treasurer; 7. That AECOM Canada Ltd. be approved, in principle, to provide construction administration services required to monitor and execute the construction contract with the approved contractor when a tender has been awarded, subject to review and acceptance of the scope of work and associated fee at that time; and, 8. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm 12. Motions and Notice of Motions There were no notices of motion. 13. By-laws 13.1 By-law 7792/20 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2021. 13.2 By-law 7793/20 Being a By-law to amend Restricted Area (Zoning) By law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Lots 60 and 61, Plan 418, City of Pickering. (A 07/19) 13.3 By-law 7794/20 Being a By-law to adopt Amendment 39 to the Official Plan for the City of Pickering. (OPA 18-002/P) 13.4 By-law 7795/20 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors. 13.5 By-law 7796/20 Being a By-law to amend By-law 7769/20 that assigned certain functions, duties and authorities to the Director, City Development, or designate. Resolution # 470/20 Moved by Councillor Butt Seconded by Councillor Cumming That By-law Nos. 7792/20 through 7796/20 be approved. Carried 14. Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera session was held at 6:00 p.m. in accordance with the provisions of the Municipal Act and Procedure Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm By-law 7665/18 to hear a verbal update from the (Acting) Director, Community Services and Corporate Security Specialist regarding a Corporate Security Update. He further stated that Council also received a verbal update from the Interim CAO and Director, Economic Development & Strategic Projects regarding an update on a land purchase with Infrastructure Ontario within the Innovation Corridor and provided direction to Staff. Carried 14.1 Verbal Update from the Interim CAO and Director, Economic Development & Strategic Projects. Re: Update on Land Purchase with Infrastructure Ontario within the Innovation Corridor Resolution # 471/20 Moved by Councillor Cumming Seconded by Councillor Butt That the confidential recommendation considered at the In -Camera Session of Council, held at 6:00 pm on November 23, 2020, be approved. Carried 15. Other Business 15.1 Councillor McLean inquired about the beaver dams in Pine Creek and whether there would be a flood risk if the last dam were to remain until early spring. Brian Duffield, (Acting) Director, Community Services, advised that there would be a flood risk upstream if Pickering were to receive a 25 year storm and that Staff in Sustainability were exploring beaver mitigation measures. 15.2 Councillor Brenner inquired about the emergency funding provided to municipalities for COVID-19 and requested an update on the $1.9m received by the City and the breakdown of how those fu nds were being used. Marisa Carpino, Interim CAO, advised that she would follow up with staff regarding providing this information to Council. 15.3 Councillor Brenner gave notice that he would be bringing forward two Notices of Motion regarding Bill 229 as it related to changes to the Conservation Authority Act, and providing direction to Staff as part of the Planning Policy Review to incorporate the spirit and intent of the Williams Treaty and the Gun Shot Treaty. 16. Confirmation By-law By-law Number 7797/20 Council Meeting Minutes November 23, 2020 Electronic Meeting 7:00 pm Councillor McLean, seconded by Councillor Pickles moved for leave to introduce a By- law of the City of Pickering to confirm the proceedings of November 23, 2020. Carried 17. Adjournment Moved by Councillor Ashe Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 8:29 pm. Dated this 23rd of November, 2020. David Ryan, Mayor Susan Cassel, City Clerk