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HomeMy WebLinkAboutDecember 14, 2020 Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean 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. Hagg - Fire Chief J. Flowers - CEO & Director of Public Libraries, Pickering Public Library R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk K. Senior - Manager, Accounting Services C. Rose - Chief Planner V. Ploufe - Manager, Facilities Capital Projects R. Perera - Committee Coordinator 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 Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm No disclosures of interest were noted. 5. Adoption of Minutes Resolution # 475/20 Moved by Councillor Cumming Seconded by Councillor Butt In-Camera Council Minutes, November 23, 2020 Council Minutes, November 23, 2020 Executive Committee Minutes, December 7, 2020 Special Council Minutes, December 7, 2020 Planning & Development Committee Minutes, December 7, 2020 Carried Resolution # 476/20 Moved by Councillor Pickles Seconded by Councillor Cumming That the order of the agenda be changed to hear Item 11.1, Report FIN 18-20, as the next item of business. Carried 11.1 Director, Finance & Treasurer, Report FIN 18-20 2019 Year End Audit A brief question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer, regarding: • whether the audit consisted of a review of operational systems in addition to financial systems; • whether the scope of the audit included a review of efficiencies on cost savings; • whether the audit commented on debt risk with Mr. Karwowski advising that the Report noted that the City is within the Provincially established debt limit; and, • the City having a clean audit report as noted in Report FIN 18-20. Resolution # 477/20 Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Moved by Councillor Cumming Seconded by Councillor Butt 1. That the Report to Council on the 2019 Audit as submitted by Deloitte LLP (Deloitte) be received for information; and, 2. That the 2019 draft Audited Consolidated Financial Statements for the City of Pickering be approved. Carried 6. Presentations There were no presentations. 7. Delegations 7.1 Garry Winsor Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Garry Winsor withdrew his delegation and did not connect to the electronic Council Meeting. 7.2 Paul White, Fairport Beach Neighbourhood Association Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Paul White, Fairport Beach Neighbourhood Association, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Mr. White noted that the Fairport Association had previously owned a large portion of the waterfront property. He stated that Schedule 6 of Bill 229 would undo the work undertaken by previous governments to protect and preserve land, and natural resources, and questioned the reasoning behind changing longstanding legislation during a pandemic, adding that the Bill does not address funding. He noted that the amendments would have serious impacts for municipalities in controlling development, and access to expertise from conservation authorities when seeking to challenge applications. Mr. White noted that the Act would also impact a number of other pieces of legislation and would impact the autonomy of local municipalities. Mr. White concluded his delegation by asking Members of Council to support the Notice of Motion to Request to Repeal Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). 7.3 Brandon Underwood Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Brandon Underwood, 1215 Bayly Street, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Mr. Underwood noted that Schedule 6 o f Bill 229 would tear away the protection provided by conservation authorities for natural resources, and that the Notice of Motion was a beacon of light following the City’s two recent applications for a Minister’s Zoning Order (MZO). He added that the new legislation would allow the Ministry of Natural Resources and Forestry to issue permits allowing the destruction of provincially significant wetlands and forests, commenting that the City’s Project Lonestar would destroy such wetlands. Mr. Underwood referred to a City video that identified these wetlands as being functionally disconnected from the Duffins Creek, adding that the video also referred to an Ecological Study that identified the wetlands as providing limited ecological functions for flora, fauna and wildlife. Mr. Underwood noted that when asked for the Study, City Staff had advised that they did not have a copy of it. He commented that the wetlands have more purpose than flora and fauna and can be connected in ways in which we cannot see, noting that according to the City’s Official Plan, these wetlands are in vulnerable areas and contain ground water recharge areas. He further noted that a Study posted on the City’s website, conducted by Beacon Environmental, calls the headwater drainage features that are planned to be destroyed to construct a warehouse, as important wetlands and recommended their conservation and protection. Mr. Underwood raised further concerns regarding the adverse impacts of flooding and climate change, and referred to a report that indicated the flow from some of the wetlands on the Durham Live site into the waterways that connected into the lower Duffins Creek. Mr. Underwood noted that one of the ways to stop this warehouse from being constructed would be to support the Notice of Motion, as Bill 229 provided developers the right to fast track applications and increased rights to appeal decisions which are in return not provided to residents who wish to protect natural resources. Mr. Underwood concluded his delegation by noting that Bill 229 removed science from such decisions and asked Members of Council to support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Councillor McLean requested Mr. Underwood provide a copy of his delegation t o the City Clerk. Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 7.4 Csilla Goldsmith Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Csilla Goldsmith, Pickering resident, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget M easures 2020). Ms. Goldsmith noted the need for flood control measures, protection of watersheds for clean drinking water, pr otection of wildlife species, and the need to protect l ands from development for future generations. She added that history would not look kindly on politicians who destroyed land to receive financial gain from developers, noting that d evelopers could purchase land for development through the open market. Ms. Goldsmith concluded her delegation by asking Members of Council to support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). 7.5 Jane Stone Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Jane Stone, Pickering resident, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Ms. Stone noted that she does not trust the Provincial government to act in the best interests of the environment, a dding that favoritism would be provided to developers. Ms. Stone noted that while a resolution to repeal Schedule 6 of Bill 229 would not have a major impact, it is important to inform the Province that the City does not consent to the new legislation. Ms. Stone concluded her delegation by asking Members of Council to support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). 7.6 Helen Brenner Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Helen Brenner, 1422 Highbush Trail, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget M easures 2020). Ms. Brenner asked Members of Council to support this motion as well as the repeal of Schedule 8 of Bill 229, adding that Schedule 8 provided developers Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm easy access to forests. Ms. Brenner noted that Pickering has relied on the expertise of the Toronto and Region Conservation Authority (TRCA) and that the new amendments would provide new powers to the Minister to issue conservation permits without the consent of Municipal Council. She noted that on June 29, 2020 Council approved Dorsay’s request for a MZO for lands located in northeast Pickering allowing development on the Carruthers Creek watershed, disregarding the TRCA’s draft Carruthers Creek Watershed Plan 2020-2030. She noted that the Council Minutes of the September 22, 2020 Pickering Council meeting indicated that the City was seeking to have the TRCA’s draft Carruthers Creek Watershed Plan changed to allow for alteration to the natural heritage system. She further added that a similar approach was also taken with Project Lonestar which would remove provincially significant wetlands, the lower Duffins Creek complex, w oodland, and wildlife habitat, to construct a warehouse. She noted that the City of Toronto is currently spending $1 billion in tax dollars to undo damage done by developers. Ms. Brenner also expressed concerns regarding the building of an airport in the northeast federal lands in Pickering. She concluded her delegation by asking that Council respect the democratic process of listening to their constituents and support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) as well as the repeal of schedule 8 of Bill 229. Councillor McLean requested Ms. Brenner provide a copy of her delegation to the City Clerk. 8. Correspondence 8.1 Corr. 59-20 Jennifer Bennett, Deputy Clerk Municipality Of Marmora and Lake Re: Council Resolution – Accessibility for Ontarians with Disabilities Act – Website support Resolution # 478/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 59-20, from Jennifer Bennett, Deputy Clerk, Municipality Of Marmora and Lake, dated November 25, 2020, regarding the Council Resolution – Accessibility for Ontarians with Disabilities Act – Website support, be endorsed. Carried 8.2 Corr. 60-20 Ralph Walton, Regional Clerk Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm The Regional Municipality of Durham Re: Envision Durham – Framework for a New Regional Official Plan (2020-P-24) Resolution # 479/20 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Corr. 60-20, from Ralph Walton, Regional Clerk, the Regional Municipality of Durham, dated November 26, 2020, regarding the Envision Durham – Framework for a New Regional Official Plan (2020-P-24), be received for information; and, 2. That Corr. 60-20 be referred to the Director, City Development & CBO, for a review, as it pertains to the City of Pickering, and report back, with their comments, no later than the February Council Meeting. Carried 8.3 Corr. 61-20 Kevin Narraway, Manager of Legislative Services/Deputy Clerk Town of Whitby Re: Correspondence # 202 0-887 received by C. Harris, Town Clerk, from Central Lake Ontario Conservation Authority (CLOCA) regarding Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act Brief discussion ensued between Members of Council regarding CLOCA unanimously passing a resolution regarding the removal of Schedule 6 of Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act. Resolution # 480/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 61-20, from Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby, dated November 25, 2020, regarding a C orrespondence # 2020-887 received by C. Harris, Town Clerk, from Central Lake Ontario Conservation Authority (CLOCA) regarding Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act, be r eceived for information. Carried Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 8.4 Corr. 62-20 Association of Municipalities of Ontario AMO Policy Update – Bill 229, Schedule 6 (CA Act) Proposed Amendments Resolution # 481/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 62-20, from the Association of Municipalities of Ontario (AMO), dated November 30, 2020, regarding the AMO Policy Update – Bill 229, Schedule 6 (CA Act) Proposed Amendments, be received for information. Carried 9. Report EC EC 2020-09 of the Executive Committee held on December 7, 2020 9.1 Director, Finance & Treasurer, Report FIN 17-20 Statutory Public Meeting Regarding Development Charges Update Study Council Decision: 1. That Report FIN 17-20 of the Director, Finance & Treasurer be received; 2. That Council receive for information the City of Pickering – Development Charges (DC) Update Study prepared by Watson & Associates Economists Ltd. dated October 15, 2020 and Addendum to the DC Update Study dated November 2, 2020; 3. That all written submissions made at the December 7, 2020 Public Meeting or received in writing from the public by December 9, 2020 be referred to staff and to Watson & Associates Economists Ltd. for consideration in preparation of the final Development Charges recommendations and By- law for Council’s consideration on December 14, 2020; and, 4. That the appropriate City of Pickering officials be authorized to take the actions as indicated in this report. 9.2 Director, Corporate Services & City Solicitor, Report BYL 05-20 Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Council Decision: Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 1. That Report BYL 05-20 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; 2. That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2022; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.3 (Acting) Director, Community Services, Report CS 31-20 Cultural Strategic Plan - Mid-term Update This item was referred back to staff at the Executive Committee meeting held on December 7, 2020. 9.4 Director, Engineering Services, Report ENG 11-20 Stormwater Management Facilities Asset Management Plan - Final Report July 2020 Council Decision: 1. That the Stormwater Management Facilities Asset Management Plan, Final Report July 2020, prepared by The Municipal Infrastructure Group Ltd. a T.Y. LIN International Company be received for information; 2. That Council endorse the Stormwater Management Facilities Asset Management Plan to be used by staff as a resource document for identifying and planning maintenance projects for the Stormwater Management Facilities under the jurisdiction of the City of Pickering; 3. That staff be authorized to implement the recommendations within the Stormwater Management Facilities Asset Management Plan, subject to budget and further Council approval for the individual projects; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.5 Director, Engineering Services, Report ENG 14-20 Proposed All-way Stop Control, Pickering Parkway and Glenanna Road Council Decision: Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 1. That the attached draft by-law be enacted to amend Schedule "7" to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of Pickering Parkway and Glenanna Road; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.6 Director, Finance & Treasurer, Report FIN 15-20 2021 Interim Spending Authority Council Decision: 1. That the 2021 Interim Operating E xpenditures be approved at 50 per cent of the prior year’s budget, including adjustments, as contained in Attachment 1, pending approval of the 2021 Current Budget by Council; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.7 Director, Finance & Treasurer, Report FIN 16-20 2021 Temporary Borrowing By-law Council Decision: 1. That the temporary borrowing limit of $55 million be established to meet 2021 current expenditures pending receipt of taxes and other revenues for the period of January 1 to September 30, 2021 inclusive, and $27 million thereafter until December 31, 2021; 2. That the temporary borrowing limit for capital purposes for 2021 be established at $63 million; 3. That the attached draft by-law providing for the temporary borrowing of monies be enacted; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.8 Director, Corporate Services & City Solicitor, Report LEG 10-20 Retail Sale of Cannabis in Pickering Council Decision: Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 1. That the City of Pickering hereby opts in to allow cannabis retail stores within Pickering; 2. That a copy of these recommendations be forwarded to the Alcohol and Gaming Commission of Ontario ("AGCO"); and, 3. That the appropriate City of Pickering officials be authorized to take such actions as are necessary to implement the recommendations in this report. 9.9 Director, City Development & CBO, Report PLN 31-20 Heritage Property Tax Relief Program and Implementing By-law City of Pickering This item was referred back to staff at the Executive Committee meeting held on December 7, 2020. Resolution # 482/20 Moved by Councillor Butt Seconded by Councillor Pickles That Report EC 2020-09 of the Executive Committee Meeting held on December 7, 2020 be adopted. Carried 10. Report PD 2020-09 of the Planning & Development Committee held on December 7, 2020 10.1 Director, City Development & CBO, Report PLN 24-20 City Initiated Official Plan Amendment: Ecosystem Compensation Recommended Amendment 35 to the Pickering Official Plan File: OPA 19-003/P This item was referred back to staff at the Planning & Development Committee meeting held on December 7, 2020. 10.2 Director, City Development & CBO, Report PLN 25-20 Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority regarding t he administration and collection of fees and technical guidance in relation to the TRCA’s Guideline for Determining Ecosystem Compensation, June 2018 Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm This item was referred back to staff at the Planning & Development Committee meeting held on December 7, 2020. 10.3 Director, City Development & CBO, Report PLN 28-20 Zoning By-law Amendment Application A 10/18 City Initiated: Rotary Frenchman’s Bay West Park Council Decision: That City Initiated Zoning By-law Amendment Application A 10/18 to zone lands within Rotary Frenchman’s Bay West Park from “R4” – Detached Dwelling Fourth Density and “G” – Greenbelt to “OS” – Open Space, be approved and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 28-20, be enacted by Council. 10.4 Director, City Development & CBO, Report PLN 29-20 Official Plan Amendment OPA 19-004/P Zoning By-law Amendment Application A 14/19 Draft Plan of Subdivision Application SP-2019-04 Draft Plan of Condominium Application CP-2019-05 Katanna Oklahoma LP Part of Lot 28, Broken Front Concession Range 3, Now Part of Part 1, 40R-2401 (755 Oklahoma Drive) Council Decision: 1. That Official Plan Amendment Application OPA 19-004/P, submitted by Katanna Oklahoma LP, to re-designate the lands located on the southeast corner of Eyer Drive and Oklahoma Drive from “Urban Residential Areas – Low Density Areas” to “Urban Residential Areas – Medium Density Areas” to allow a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 41 to the Pickering Official Plan as set out in Appendix I to Report PLN 29-20 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 14/19, submitted by Katanna Oklahoma LP, to facilitate a residential common element condominium development consisting of 27 townhouse units on the lands located at the southeast corner of Eyer Drive and Oklahoma Drive, be endorsed subject to the provisions contained in Appendix II to Report PLN 29-20, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 3. That Draft Plan of Subdivision Application SP-2019-04, submitted by Katanna Oklahoma LP, to establish a single development block to facilitate Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm a common element condominium, and a block for a road widening, as shown on Attachment #6 to Report PLN 29-20, and the implementing conditions of approval, as set out in Appendix III, be endorsed. 10.5 Director, City Development & CBO, Report PLN 30-20 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) Council Decision: That Zoning By-law Amendment Application A 01/20, submitted by Universal City Six Developments Inc., to permit a high-density residential condominium building, be approved, and that the implementing Zoning By-law Amendment be forwarded to Council for enactment. Resolution # 483/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Report PD 2020-09 of the Planning & Development Committee Meeting held on December 7, 2020 be adopted. Carried 11. Reports – New and Unfinished Business 11.2 (Acting) Director, Community Services, Report CS 02-20 Tender for Chestnut Hill Developments Recreation Complex – Lobby & Core Area Renovations – Construction Resolution # 484/20 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Tender No. T2020-16 submitted by 1568796 Ontario Inc., O/A Renokrew in the amount of $5,587,299.13 (HST included) be accepted; 2. That the total gross project cost of $6,257,776.00 (HST included), including the amount of the tender, contingency, and other associated costs, and the total net project cost of $5,635,321.00 (net of HST rebate), be approved; Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $5,635,321.00 as follows: a) the sum of $6,000,000.00 as provided for in the 2020 Recreation Complex-Core Capital Budget be revised to $5,600,000.00, and be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years; b) the balance sum of $35,321.00 to be funded by a transfer from the Rate Stabilization Reserve; c) the annual repayment charges in the approximate amount of $395,000.00 be provided for in the annual Current Budget commencing in 2021 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; and, d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 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. Carried 11.3 Director, Economic Development & Strategic Projects, Report CAO 07-20 Economic Development & Strategic Projects Year End Review A question and answer period ensued between Members of Council and Staff regarding: • how the success of the initiatives outlined in Report CAO 07-20 would be measured; • the number of comments received as feedback regarding each initiative, as the data pertaining to this was indicated as percentages in the Report; • work conducted by Staff to connect Pickering business with the Region’s Shop Local initiative; • the need to create a business resilience plan as part of the economic development strategic plan; • the number of businesses that were engaged regarding the development on Kingston Road and how this engagement was conducted; Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm • the number of businesses that were engaged to conclude the 47 per cent of businesses reporting a decrease in numbers of staff since March 2020; • viewership for the business recovery podcast and the virtual town hall meetings; • jobs brought to the City through economic development initiatives in 2020; • closure of PNGS and its effect on satellite companies located in the City; • difficulty experienced by residents in W ard 3 in connecting to broadband and when these issues would be resolved; and, • whether Staff are engaging with Bell, Rogers and other prominent service providers for broadband services. Resolution # 485/20 Moved by Councillor Butt Seconded by Councillor Pickles That report CAO 07-20 regarding Economic Development & Strategic Projects Year End Review be received for information. Carried 11.4 Director, Engineering Services, Report ENG 15-20 Request for Additional Funding for Consulting Services - Beachfront Park Rehabilitation & Needs Assessment Study A brief question and answer period ensued regarding whether the community consultation component of the project had begun, with Richard Holborn, Director, Engineering Services, advising that Staff were directed by Council to report on the public consultation component of the project in March 2021, and that Staff were proposing funds in the 2021 budget. Resolution # 486/20 Moved by Councillor Brenner Seconded by Councillor McLean 1. That the additional fee proposal as submitted by the MBTW Group Inc. in the gross amount of $15,086.00 (HST included) and a net amount of $13,585.00 (net of HST rebate) for the increase in scope of work for the Beachfront Park Rehabilitation & Needs Assessment Study, and associated costs for Geotechnical Investigations in the gross amount of $1,718.00 (HST included) and a net amount of $1,547.00 (net of HST rebate) be accepted; Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 2. That the Director, Finance & Treasurer be authorized to finance the increase in the total net project cost in the amount of $15,132.00 as follows: a) The sum of $10,214.00 by a transfer from the Development Charges Growth-Related Studies Reserve Fund; and, b) The sum of $4,918.00 from property taxes; 3. That the appropriate officials of the City of Pickering to authorized to take the necessary actions as indicated in this report. Carried 11.5 Director, City Development & CBO, Report PLN 32-20 Two-year Period Exemption Request for Minor Variance A pplication P/CA 66/20 Trillium Housing Oak Non-Profit Corporation Part Lot 18, Concession 3 Now Part 1, 40R-29457 (2635 William Jackson Drive) A brief question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding the purpose of Report PLN 32-20. Mr. Bentley advised that due to the recent amendments to the Planning Act, which removed the ability for an applicant to apply for a minor variance for two years following the passing of an applicant-initiated zoning by-law amendment, that a resolution was required by Council to allow the minor variance application to proceed to the Committee of Adjustment for consideration. Resolution # 487/20 Moved by Councillor Pickles Seconded by Councillor Butt That Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permit the Committee of Adjustment to consider Minor Variance Application P/CA 66/20 resulting from the further processing of the Site Plan or Building Permit applications, submitted by Trillium Housing Oak Non-Profit Corporation, for land municipally known as 2635 William Jackson Drive, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried 11.6 Director, Finance & Treasurer, Report FIN 19-20 2020 Development Charges Update Study Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm A brief question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer, regarding: • whether the animal shelter would qualify for funding under the old or new Development Charges regime; • implementation of the new Community Benefit Charge (CBC) and how it could be applied to funding for the Shelter; • impact of the changes to the development charges as it pertains to Pickering’s new Heritage Community Centre; and, • whether the renovations for the Chestnut Hill Recreation Complex would be covered under development charges, with Mr. Karwowski advising that the project would not be covered as it relates to maintenance and not expansion or growth. Resolution # 488/20 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Report FIN 19-20 of the Director, Finance & Treasurer be received; 2. That Council receive for information and approve the 2020 Development Charges Update Study-Office Consolidation of October 15, 2020 and November 2, 2020 Addendum, prepared by Watson & Associates Economists Ltd. dated November 2, 2020; 3. That the originally proposed By-law has not been modified since the public meeting on December 7, 2019 and Council confirms that no further public meeting under the Development Charges Act, 1997 (s.12) is necessary as a result; 4. That the draft By-law attached to this report be enacted; 5. That the City Clerk be instructed to undertake the By-law passage notification provisions under the Development Charges Act, 1997 and Ontario Regulation 82/98; 6. That subject to Council approval of the 2021 Budget, Council approve the hiring of the firm Watson & Associates Economists Ltd., to be retained for the 2021/2022 Development Charges Background Study and the Community Benefit Charge Study at a cost not to exceed $70,000 to be financed from the Development Charges Reserve Funds-Growth-Related Studies; and, Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 7. That the appropriate City of Pickering officials be authorized to take the actions as indicated in this report. Carried 12. Motions and Notice of Motions 12.1 Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Discussion and a question and answer period ensued between Members of Council and Staff regarding: • the many pieces of correspondence that had been received from other municipal councils requesting that the Province delay the passing of Bill 229 to provide time for consultation; • examples of planning applications where staff had relied on the expertise of Toronto and Region Conservation Authority (TRCA); • whether the City had i nternal Staff that could provide the expertise provided by the TRCA; • TRCA providing a valuable service of checks and balances and en abling Council to make defendable decisions pertaining to planning applications; • Central Lake Ontario Conservation (CLOCA) passing a resolution requesting the repeal of schedule 6 of Bill 229; • the best way forward now that the Bill has been enacted, including the need for conservation authorities to put forward their specific amendments to the Province for consideration; • the position of the Association of Municipalities of Ontario (AMO)as noted in their November 30, 2020 communication regarding the change in powers for the conservation authorities; and, • the limited value in passing the motion tonight with the Bill having already been enacted. Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS, the Province of Ontario has enacted Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Schedule 6 – Conservations Act; And Whereas, the Legislation will result in a number of changes and new sections to the Conservation Act that removes and/or significantly hinder the ability of Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm conservation authorities in regulating development, permit appeal process and engaging in the review and appeal of Planning Act applications; And Whereas, these changes have raised concerns with conservation authorities and municipalities across Ontario as well as the Association of Municipalities of Ontario; And Whereas, the changes give new powers to the Minister to issue conservation authority permits that mirrors the Ministerial Zoning Order powers of the province to make land use and zoning decisions without a Council decision and without due public process, and creates a serious risk that one-off site-specific permits approved outside of the context of a local flood plan management program could pose a greater flood risk to downstream properties without an appropriate mitigation plan; And Whereas, amendments to the Planning Act will limit a conservation authority’s ability to participate at Local Planning Appeal Tribunal (LPAT) hearings; And Whereas, the City of Pickering has relied on the expertise from TRCA to provide sound scientific and technical input into complex environmental planning matters to guide Council’s decision on Planning Act applications such as the Nautical Village and Pickering’s Waterfront; And Whereas, The City does not employ or retain expertise in terrestrial and aquatic ecology and other science-based disciplines. The amendments leave the City of Pickering at greater risk to defend environmental issues without the TRCA’s support and could result in unforeseen costs to Pickering and landowners to retain needed expertise and cause unnecessary delays in the approval process; And Whereas, changes will remove the un-proclaimed provisions of Bill 139 (2017) that allow conservation authorities to issue stop work orders where there is a contravention of Section 28 regulations, and removes the enforcement t ools that are necessary to protect wetlands and to stop interference and modifications in hazard lands for public health and safety; And Whereas, changes would prohibit c onservation authorities from independently appealing Planning Act applications to LPAT, and shifting responsibility for enforcing natural hazard/heritage requirements to the City of Pickering; And Whereas, changes redefines the conservation authorities purpose as the delivery of m andatory programs and services (natural hazards, c onservation land management and source water protection) among other programs delivered on behalf of a municipality, and would result in municipalities having to make a decision to opt in to assume these functions and separately fund watershed Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm planning programs or choosing to not opt in leaving a diminished and ineffective role by conservation authorities; And Whereas, Municipal Councillors who were previously appointed to sit on the conservation authority boards would be given the authority to act on behalf of municipal interests and make recommendations to the Minister, creating a conflict between the fiduciary duty of conservation authority board members and the proposed amendment requiring board members to act on behalf of their respective councils, and provides a potential bypass of the local development approval process, resulting in the loss of scientific analysis; Now Therefore be it resolved that the Council for the Corporation of the City of Pickering does not s upport S chedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) and requests that: 1. The Province of Ontario repeal Schedule 6 of the Budget Measures Act (Bill 229) to enable continued consultations with conservation authorities, municipalities and the public; 2. The Province of Ontario respect the current conservation authority and municipal relationships; 3. That the Province of Ontario embrace their long standing partnership with conservation authorities and provide them with the tools and financial resources they require to effectively implement their watershed management roll; 4. The Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of conservation authority municipal budget pr ocesses; and, 5. Copies of this Motion be forwarded to the Honourable Premier Doug Ford, Leaders of the Ontario Opposition Parties, Pickering-Uxbridge MPP Peter Bethlenfalvy, Ajax- Whitby MPP Rod Phillips, all GTHA MPPs, and Durham Regional Council. Note: The disposition of this matter was determined through the tabling motion below: Resolution # 489/20 Moved by Councillor Ashe Seconded by Councillor Butt Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm That the Notice of Motion regarding the Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) be tabled. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor McLean Councillor Cumming Councillor Pickles Mayor Ryan 13. By-laws 13.1 By-law 7799/20 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. 13.2 By-law 7800/20 Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2021. 13.3 By-law 7801/20 Being a by-law to authorize Chestnut Hill Developments Recreation Complex – Lobby & Core Area Renovations – Construction project in the City of Pickering and the issuance of debentures in the amount of $5,600,000.00. 13.4 By-law 7802/20 Being a by-law regarding Development Charges to amend By-law 7595/17, as amended by By-law 7727/19 to make certain revisions to the City’s development charges involving capital cost estimates and policies. 13.5 By-law 7803/20 Being a by-law to establish certain lands within the City of Pickering, Regional Municipality of Durham, as public highways. (Enterprise Gateway) Resolution # 490/20 Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Moved by Councillor Ashe Seconded by Councillor Pickles That By-law Nos. 7799/20 through 7803/20 be approved. Carried 14. Other Business 14.1 Councillor Butt requested an update from Staff regarding the installation of a four way stop sign at William Jackson Drive and related traffic studies, with Richard Holborn, Director, Engineering Services, advising that he would provide this information to Council once he had consulted with Staff on the status. 14.2 Councillor Brenner gave notice of a Notice of Motion pertaining to the Elexicon 2020 dividends and shareholder agreement. Councillor Brenner noted that he would withdraw the Notice of Motion if a decision is made by Elexicon by the time the Notice of Motion was due for publication in the agenda. 14.3 Councillor McLean gave notice that he would be bringing forward a Notice of Motion pertaining to York Region’s intent to transport s ewage to Pickering’s water treatment plant. 15. Confirmation By-law By-law Number 7805/20 Councillor Ashe, seconded by Councillor McLean moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of December 14, 2020. Carried 16. Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 9:03 pm. Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Dated this 14th of December, 2020. David Ryan, Mayor Susan Cassel, City Clerk