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HomeMy WebLinkAboutMay 24, 2022 Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean D. Pickles Also Present: M. Carpino -Chief Administrative Officer P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -(Acting) Fire Chief S. Douglas-Murray -Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner A. Mostert -Manager, Landscape & Parks Development R. Perera -Deputy Clerk J. San Antonio -Senior Advisor, Diversity, Equity & Inclusion L. Arshad -Senior Economic Development Officer C. Hodge -Senior Coordinator, Development Liaison T. Higgins -Accessibility Coordinator T. Javed -Economic Development & Strategic Projects Associate 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with the City’s Procedure By-law. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Mayor Ryan read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. 6. Presentations 5. Adoption of Minutes Resolution #896/22 Moved by Councillor Brenner Seconded by Councillor McLean 7. Delegations Council Minutes, April 25, 2022 Special Council Minutes, May 2, 2022 Executive Committee Minutes, May 2, 2022 Planning & Development Committee Minutes, May 2, 2022 Carried There were no presentations. 7.1 Anthony Lue, Member, Accessibility Advisory Committee John McLellan, Stakeholder Member, Accessibility Advisory Committee David Wysocki, Member, Accessibility Advisory Committee Re: Corr. 24-22 Accessibility Advisory Committee 2021 Year End Report and 2022 Proposed Work Plan Anthony Lue, John McLellan, David Wysocki, Members of the Accessibility Advisory Committee, joined the electronic meeting via audio connection to speak to the Accessibility Advisory Committee -2021 Year End Report and 2022 Proposed Work Plan. John McLellan spoke to the ongoing issue of a shortage of accessible and affordable housing, adding that there was a reoccurring reluctance by developers to incorporate accessible units, and the high cost of retrofitting accessible features into a home once it is already built. He suggested that the City change local zoning and minimum requirements to help increase the amount of accessible units. David Wysocki spoke to connected urban development for Pickering in relation to accessibility, sustainability, and inclusivity. He noted that the key elements for a connected urban development were affordable housing, accessible environments, and meeting the needs for both the aging and a range of disabilities. He spoke to Pickering having low scores in walkable, bikeable, and Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm public transportation areas, noting that the City is left being a disconnected and car dependent city. He noted that the Accessibility Advisory Committee has begun using an active lens when gauging new development and shared the Committee’s perspective on three developments in Pickering being the Tribute Liverpool development, Universal City development, and the Pickering Football Club. Anthony Lue spoke to the importance of transportation adding that there were only three accessible taxis operating in Pickering. He further discussed the lack of sidewalks and transit drop off stations near the Pickering Football Club adding that this was a barrier for both visitors and employees. He concluded the delegation by encouraging the City to better support the navigation of individuals, to assist with where they are going, independently, safely, and confidently. A brief question and answer period ensued between Members of Council, staff, Mr. McLellan, Mr. Wysocki, and Mr. Lue regarding: • realistic and measurable milestones for addressing the needs for accessible and affordable housing, connectivity, and transportation; • whether the walkable, bikeable, and public transportation scores were specific to Pickering and a comparison of the scores between the Durham Region and the City; and, • the need for staff to provide consideration during the next budget cycle to identify specific budget items that may relate to the issues identified in the delegation. 7.2 Floyd Heath, Chair, Pickering Anti-Black Racism Taskforce Re: Corr. 25-22 Pickering Anti-Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan Floyd Heath, Chair, Pickering Anti-Black Racism Taskforce, joined the electronic meeting via audio connection to speak to the Pickering Anti-Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan. He discussed the events and the initiatives the Taskforce has participated in thus far and spoke to two initiatives planned for 2022, being the Powerfully Informed Initiative which aims to raise awareness, education, and engagement around the upcoming Municipal Election, and promote civic engagement among Black residents. Mr. Heath spoke to details of the various phases of the Initiative, noting that the Initiative was directly in line with the Taskforce’s Terms of Reference. He further outlined the Youth Academic Engagement Strategy, a plan to support Black youth in their pursuit of post-secondary education and provided details of its components. Mr. Heath concluded his delegation by thanking Council and staff for supporting the Taskforce. 7.3 Karen Sloan Re: Feasibility of a Green Roof By-law Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Karen Sloan, Pickering Resident, joined the electronic meeting via audio connection in support of the Feasibility of a Green Roof By-law Motion. She spoke to the recent storm and the need for additional methods to reduce the impact to the climate and discussed the benefits of a green roof. Ms. Sloan referred to a Report to Council dated November 22, 2021, adding that the City was developing a new set of integrated sustainable design standards to evaluate development proposals. She further noted that with the City’s intensification plan, and the creation of more than 75 new buildings along the Kingston and Brock Road corridors, that she had only seen one application which included a green roof, rainwater collection, and support for electrical vehicles. She concluded her delegation by proposing an interim control freeze on new development applications until such time that new green standards could be implemented. 7.4 John Ferris Re: Feasibility of a Vibration Control By-law John Ferris, 1795 Storrington Street, joined the electronic meeting via audio connection to speak to Feasibility of a Vibration Control By-law Motion. Mr. Ferris posed a number of questions including the process for claiming damages due to vibrations, safeguards that would be put in place, whether the by-law would cover all existing development applications, whether the City would require each developer to provide a deposit to cover any vibration damages, whether the City would require nearby residents to take photos of both inside and outside of their homes prior to and during construction, and the possibility of damages to homes outside the 150 metre notice circulation radius. He requested that notifications go beyond the 150 metres and concluded his delegation by adding that the proposed green roof by-law was a good starting point for the City. 8. Correspondence 8.1 Corr. 20-22 Chris Harris, Town Clerk, Town of Whitby Re: Ontario Bill 109 – More Homes for Everyone Act, 2022 A question and answer period ensued between Members of Council and staff regarding: • Whitby’s concerns on the amendments and the impact of the legislative changes to the City; • the status of Bill 109 and whether there was still opportunity to comment; • providing Council with an update in September regarding the discussions with the development community and how that will affect the process; and, • whether comments had been provided to the Province prior to the passage of the Bill and the position of the Ontario Big City Mayors expressing similar concerns. Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Resolution #897/22 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Corr. 20-22, from Chris Harris, Town Clerk, Town of Whitby, dated April 26, 2022, regarding Ontario Bill 109 – More Homes for Everyone Act, 2022, be received and endorsed; and, 2. That a copy of this Resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, and the Member of Provincial Parliament, Pickering-Uxbridge. Carried 8.2 Corr. 21-22 Melissa Lawr, Deputy Clerk – Legislation, Town of Halton Hills Re: Build it Right the First Time Resolution #898/22 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Corr. 21-22, from Melissa Lawr, Deputy Clerk – Legislation, Town of Halton Hills, dated April 20, 2022, regarding Build it Right the First Time, be received and endorsed; and, 2. That a copy of this Resolution be forwarded to the Minister of Municipal Affairs and Housing. Carried 8.3 Corr. 22-22 Alexander Harras, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham Re: Modified Vehicles in Durham Region Resolution #899/22 Moved by Councillor McLean Seconded by Councillor Brenner Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 1. That Corr. 22-22, from Alexander Harras, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham, dated April 27, 2022, regarding Modified Vehicles in Durham Region, be received and endorsed; and, 2. That a copy of this Resolution be forwarded to the Minister of Transportation, All Durham MPP’s, the Durham Regional Police Service, the Ontario Provincial Police, and the Durham Region Roundtable on Climate Change. Carried 8.4 Corr. 23-22 Sarah Douglas-Murray, Director, Community Services, City of Pickering Re: Cultural Advisory Committee 2021 Report & 2022 Work Plan A question and answer period ensued between Members of Council and staff regarding whether comments from Elder Duke Redbird, who had conducted a session in March, were incorporated into the Work Plan. Jaclyn San Antonio, Senior Advisor, Diversity, Equity & Inclusion, advised that the City was continuing its work with support from the Indigenous Relationship Building Circle and that a number of initiatives were planned including the Indigenous relationship building action plan to ensure that the City was moving towards continuing to build meaningful relationships and reconciliation. Resolution #900/22 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 23-22, from Sarah Douglas-Murray, Director, Community Services, City of Pickering, dated May 24, 2022, regarding the Cultural Advisory Committee 2021 Report & 2022 Work Plan, be received for information. Carried 8.5 Corr. 24-22 Timothy Higgins, Accessibility Coordinator, City of Pickering Re: Accessibility Advisory Committee 2021 Year End Report and 2022 Proposed Work Plan Resolution #901/22 Moved by Councillor McLean Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Seconded by Councillor Brenner That Corr. 24-22, from Timothy Higgins, Accessibility Coordinator, City of Pickering, dated May 13, 2022, regarding the Accessibility Advisory Committee 2021 Year End Report and 2022 Proposed Work Plan be received for information. Carried 8.6 Corr. 25-22 Re: Pickering Anti-Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering Resolution #902/22 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 25-22, from Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering, dated May 16, 2022, regarding the Pickering Anti- Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan be received for information. Carried 9. Report EC 05-22 of the Executive Committee held on May 2, 2022 9.1 Director, Corporate Services & City Solicitor, Report CLK 03-22 Restricted Acts after Nomination Day (Lame Duck Period) - Delegation of Authority under Section 275 of the Municipal Act Council Decision: 1. That Report CLK 03-22, regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Municipal Act, be received; 2. That the draft By-law, included as Attachment #1 to Report CLK 03-22, be approved and brought forward for enactment at the May 24, 2022 Meeting of Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 9.3 Director, Engineering Services, Report ENG 13-22 Consulting and Professional Services for the Detailed Design for Maintenance and Retrofit of the Lisgoold Stormwater Management Pond Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 9.2 Director, Engineering Services, Report ENG 12-22 Pine Creek Erosion Assessment Municipal Class EA Study - Consulting and Professional Services Council Decision: 1. That Council approve the hiring of Aquafor Beech Ltd. for consulting and professional services for the preparation of the Pine Creek Erosion Assessment Municipal Class Environmental Assessment (EA) Study, in accordance with Purchasing Policy Item 10.03 (c), as the assignment is above $50,000.00; 2. That the fee proposal submitted by Aquafor Beech Ltd. for consulting and professional services for the preparation of the Pine Creek Erosion Assessment Municipal Class EA Study, in the amount of $84,976.00 (HST included) be accepted; 3. That the total gross project cost of $110,876.00 ( HST included), including he fee amount and other associated costs, and the total net project cost of 99,847.00 (net of HST rebate) be approved; t $ 4. That Council authorize the Director, Finance & Treasurer to finance the otal net project cost of $99,847.00 as follows: t a) the sum of $86,867.00 as approved in the 2022 Current Budget, to be funded from Property Taxes; b) the sum of $12,980.00 as approved in the 2022 Current Budget, to be funded by a transfer from the Development Charges Reserve Fund – Stormwater Management; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Decision: 1. That Council approve the hiring of TYLin International Canada Inc. for Consulting and Professional Services for the Detailed Design for the Maintenance and Retrofit of the Lisgoold Stormwater Management Pond in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 2. That the fee proposal submitted by TYLin International Canada Inc. for Consulting and Professional Services for the Detailed Design for the Maintenance and Retrofit of the Lisgoold Stormwater Management Pond in the amount of $181,359.35 (HST included) be accepted; 3. That the total gross project cost of $209,440.00 (HST included), including the fee amount and other associated costs, and the total net project cost of $188,607.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $188,607.00 from the Storm Water Management Reserve Fund; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.4 Director, Finance & Treasurer, Report FIN 08-22 2021 Year End Audit (Interim) Council Decision: It is recommended that the Audit Service Plan as submitted by Deloitte LLP, set out in Attachment 1 to this report, be received for information. 9.5 Fire Chief, Report FIR 01-22 Community Emergency Management Program (CEMP) and Community Emergency Management Plan - Proposed Housekeeping Amendments Council Decision: 1. That Report FIR 01-22 of the Fire Chief be received; 2. That the Mayor and Council hereby appoint Deputy Fire Chief Steve Boyd, Community Emergency Management Coordinator (CEMC) as Chair of the Community Emergency Management Program Committee; 3. That the Mayor and Council hereby adopt the changes reflected in the report below as amended in the attached By-law; 4. That Council approve the attached draft Community Emergency Management Plan that includes the changes above and other minor housekeeping amendments; and, Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 5. That By-law 7620/18 and By-law 7746/20 be repealed in their entirety and that the at tached draft By-law be enacted. 9.6 Director, City Development & CBO, Report PLN 23-22 Tree Protection Project - Project Findings Council Decision: 1. That Report PLN 23-22 of the Director, City Development & CBO, on the results of staff’s investigation into the implementation of a by-law for the protection of trees, and which responds to Item 2(c) of Council Resolution #428/20, be received for information; and, 2. That Council authorize staff to undertake a process to amend the existing Tree Protection By-law 6108/03, as amended, to afford greater protection to more trees within the City of Pickering, and which will include a public engagement process, and report back to Council. Resolution #903/22 Moved by Councillor Ashe Seconded by Councillor Pickles That Report EC 05-22 of the Executive Committee Meeting held on May 2, 2022 be adopted. Carried 10. Report PD 05-22 of the Planning & Development Committee held on May 2, 2022 10.1 Director, City Development & CBO, Report PLN 24-22 Zoning By-law Amendment Application A 06/21 Unique AT Holding Corporation Part of Lot 21, Concession 1 Now Parts 5, 10, 13, 19, 24, 27 to 30, 38, 41, 43 40R-31180 Council Decision: 1. That Zoning By-law Amendment Application A 06/21, submitted by Unique AT Holding Corporation, to permit a high-density, mixed-use development consisting of 2 residential towers, having heights of 46 and 54 storeys, with a total of approximately 1,067 residential units, located on the north side of future Celebration Drive, be approved, and that the draft Zoning By-law Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Amendment, as set out in Appendix I to Report PLN 24-22, be finalized and forwarded to Council for enactment; 2. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of future site plan or building permit applications submitted by Unique AT Holding Corporation, for the lands municipally known as Part of Lot 21, Concession 1, Now Parts 5, 10, 13, 19, 24, 27 to 30, 38, 41, 43 40R-31180, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands; and, 3. That Council authorize the Director, Corporate Services & City Solicitor to update the executed Master Development Agreement between the City and the participating landowners (Unique AT Holding Corporation and Universal City One Developments Inc.) to remove the pedestrian walkway along the west lot line connecting from the future Celebration Drive to the Pickering GO Station to the north, and to enlarge the parkland dedication to also account for the parkland requirements imposed on Universal City Six Developments Inc. in respect of the lands at 1010 Sandy Beach Road. Resolution #904/22 Moved by Councillor Pickles Seconded by Councillor Ashe That Report PD 05-22 of the Planning & Development Committee Meeting held on May 2, 2022 be adopted. Carried 11. Reports – New and Unfinished Business 11.1 Director, Economic Development & Strategic Projects, Report CAO 04-22 Accommodation Needs Study Fiaz Jadoon, Director, Economic Development & Strategic Projects, advised that the City undertook a hotel feasibility study in 2017 with the City retaining CBRE in 2021 to undertake an Accommodation Needs Study. He added that both CBRE and staff took into consideration the deferral of the City Centre Project as part of the analysis. Nicole Nguyen, Director, CBRE Hotels, CBRE Limited, joined the electronic meeting via video connection to provide a presentation regarding the results of the Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Pickering Accommodation Needs Study. Through the aid of a PDF presentation, Ms. Nguyen discussed the Study’s background and purpose, stakeholder consultation undertaken, consideration of the Pickering’s City Centre and the Innovation Corridor as the two potential hotel site options, specifications of the type of proposed hotel development for Pickering, and details regarding its projected performance. A question and answer period ensued between Members of Council, staff, and Ms. Nguyen regarding: • whether Whites Road was given consideration and the Study needing to broaden its consideration of the need for a hotel to the en tire city; • the importance of having access to public transit for hotel users; • the possibility and costs of incorporating underground parking; • whether the Durham Live hotel would be considered a competitor to the proposed hotel; • whether hotels typically require incentives and whether the Durham Live requested any incentives from Local or Provincial levels of government; • comparators in the acreage of the Ajax Hilton hotel and its parking spaces; • the economic impact of a proposed hotel in Pickering; and, • whether the Kingston Road corridor intensification was considered in the Study. Resolution #905/22 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Report Number CAO 04-22, regarding the Accommodation Needs Study by CBRE Limited, be received; 2. That the Accommodation Needs Study, prepared by CBRE dated May 2021, be endorsed in principle; 3. That Council authorize staff to enhance investment attraction opportunities, related to the development of a hotel as part of the City’s investment attraction program; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated it this report. Carried 11.2 Director, Economic Development & Strategic Projects, Report CAO 07-22 Employment Land Strategy Review Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Fiaz Jadoon, Director, Economic Development & Strategic Projects, advised that staff have been marketing the employment lands since 2017 with many proposals being presented which do not meet the current zoning requirements. He added that the purpose for the review was to consider other possible uses based on market driven activities and not to amend any existing zoning provisions. He added that the purpose of the delegation and report was for Council to ask questions and provide feedback with a recommendation report being presented to Council in June. Kelly Martel, Associate, Dillon Consulting Limited, and Antony Lorius, Principal, Lorius and Associates joined the electronic meeting via video connection to provide an update on the City of Pickering Employment Land Strategy Review. Through the aid of a PDF presentation, Ms. Martel and Mr. Lorius spoke to the purpose of the Project being to review employment land policies to ensure continued economic success and discussed the vision for the Seaton Employment Area, key economic and development trends, Regional Growth Management Strategy and Employment Lands Strategy, and challenges and opportunities. Ms. Martel further discussed three potential options including reviewing and updating the Central Pickering Development Plan (CPDP), requesting a Minister’s Zoning Order for the Seaton Employment Lands, and establishing a flexible target-based approach by amending the City’s Official Plan. She advised that the City undertake a hybrid approach of reviewing and updating the CPDP and amending the City’s Official Plan. She concluded her delegation by discussing next steps in the process. A question and answer period ensued between members of Council, staff, Ms. Martel, and Mr. Lorius regarding: • the Seaton lands being suitable for employment type activities as opposed to traditional office buildings; • the type of manufacturing businesses that would be attracted to the innovation corridor; • whether amendment to the CPDP would require collaboration from other levels of government and whether the timeframe to update the Plan was a lengthy process; • whether there was another municipality where a separate provincial plan was embedded into a regional growth management process; • whether the zoning in the innovation corridor was restrictive; and, • whether there were policies in place to attract and accommodate space for small businesses. Resolution #906/22 Moved by Councillor Ashe 11.3 Chief Administrative Officer, Report CAO 08-22 Approval of Powerfully Informed initiative of the Pickering Anti-Black Racism Taskforce 11.4 Director, Community Services, Report CS 10-22 Movie in the Park - Request to permit Esplanade Park Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Seconded by Councillor Butt It is recommended that the Employment Land Strategy Slide Deck as submitted by Dillon Consulting Limited and Lorius and Associates, set out in Attachment 1 of this report, be received for information. Carried Resolution #907/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 1. That Council approve the Pickering Anti-Black Racism Taskforce (PABRT) led initiative, Powerfully Informed, per ADM 040 Boards and Advisory Committees of Council Policy; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by the PABRT, per CUL 070 Community Festivals and Events Policy, for Powerfully Informed events on June 16, 2022 and July 25, 2022 for the purpose of hosting information sessions, subject to terms and conditions satisfactory to the Division Head, Public Affairs & Corporate Communications and the Chief Administrative Officer; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Resolution #908/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Affiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U. Enterprise) on Friday, August 12, 2022 and the rain date of Saturday, Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm August 13, 2022 for the purpose of hosting a free movie in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Carried 11.5 Director, Engineering Services, Report ENG 09-22 Asphalt Resurfacing on Various City Streets - Tender No. T2022-4 Resolution #909/22 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Tender No. T2022-4 for Asphalt Resurfacing on Various City Streets as submitted by Viola Management Inc. in the total tendered amount of $2,877,081.14 (HST included) be accepted; 2. That Council authorize the consulting and professional services of Wood Environment & Infrastructure Solutions for materials testing services based on unit rates submitted at an estimated cost of $113,000.00 (HST included) in accordance with Purchasing Policy Item 10.03 (c); 3. That the total gross project cost of $3,390,871.00 (HST included), including the tendered amount, material testing, a contingency and other associated costs, and the total net project cost of $3,053,584.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $3,053,584.00 as follows: a) the sum of $3,022,579.00 as approved in the 2022 Roads Capital Budgets to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) the sum of $31,005.00 as approved in the 2022 Roads Capital Budget to be funded from a provincial grant; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.6 Director, Engineering Services, Report ENG 17-22 Beachfront Park - Master Plan – Detailed Design That the total gross project cost of $549,587.00 (HST included), including the fee amount and other associated costs, and t he total net project cost of $494,920.00 (net of HST rebate) be approved; 11.7 Director, Corporate Services & City Solicitor, Report LEG 11-22 City of Pickering Sale to SBB Industrial (Seaton) Limited Partnership - Part of PINs 26402-0167(LT), 26402-0096(LT) and 26386-0180(LT) Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Resolution #910/22 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Council approve the hiring of The MBTW Group for Consulting and Professional Services for the preparation of detailed design drawings and tender specifications for the implementation of the Beachfront Park Master Plan, in accordance with Purchasing Policy Item 10.03 (c), as the assignment is above $50,000.00; 2. That the fee proposal submitted by The MBTW Group for Consulting and Professional Services for the preparation of detailed design drawings and tender specifications for the implementation of the Beachfront Park Master Plan in the amount of $432,349.30 (HST included) be accepted; 3. 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $494,920.00 as approved in the 2022 Capital Budget to be funded by a transfer from the Parkland Reserve Fund; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Resolution #911/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council approve the following Agreements, subject to minor revisions as may be acceptable to the Director, Corporate Services & City Solicitor and the C hief Administrative Officer: 11.8 Director, Corporate Services & City Solicitor, Report LEG 12-22 City of Pickering Sale to Caplink Acquisitions Limited - Seaton Employment Lands, 149.9 acres comprising Provincial Bundle 8, Parcels 1 and 2 Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm (a) Agreement of Purchase and Sale dated March 22, 2022, whereby the City has agreed to purchase approximately 38.44 acres of Seaton employment lands from Her Majesty the Queen in Right of Ontario as represented by the Minister of Government and Consumer Services; and, (b) Agreement of Purchase and Sale whereby the City has agreed to sell the same parcel of Seaton employment lands to SBB Industrial (Seaton) Limited Partnership. 2. That Council authorize the Chief Administrative Officer to waive the conditions in section 6.04 of the Agreement referred to in 1(a) above if and when SBB Industrial (Seaton) Limited Partnership waives its conditions in the Agreement referred to in 1(b) above; 3. That upon the waiver of the above conditions, City staff be directed to proceed with completion of both of the above Agreements; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Resolution #912/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council approve the following Agreements, subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor and the Chief Administrative Officer: (a) Agreement of Purchase and Sale dated May 3, 2022, whereby the City has agreed to purchase approximately 149.9 acres of Seaton employment lands from Her Majesty the Queen in Right of Ontario as 11.9 Director, City Development & CBO, Report PLN 25-22 Lease Agreement – Open Studio Art Café - Temporary Patio Program – use of City owned lands Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm represented by the Minister of Government and Consumer Services; and, (b) Agreement of Purchase and Sale whereby the City has agreed to sell the same parcel of Seaton employment lands to Caplink Acquisitions Limited; 2. That Council authorize the Chief Administrative Officer to waive the conditions in section 6.04 of the Agreement referred to in 1(a) above if and when Caplink Acquisitions Limited waives its conditions in the Agreement referred to in 1(b) above; 3. That upon the waiver of the above conditions, City staff be directed to proceed with completion of both of the above Agreements; and, 4. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Resolution #913/22 Moved by Councillor Brenner Seconded by Councillor Butt 1. That Council approve the Draft Lease Agreement for the Temporary Use of City Property adjacent to 617 Liverpool Road, between the City of Pickering and Open Studio Art Café for the period May 28, 2022 to November 30, 2022, as set out in Appendix I to Report PLN 25-22; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement between the City of Pickering and Open Studio Art Café in the form as appended to this report subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor and the Director, City Development & CBO; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 12. Motions and Notice of Motions 12.1 Feasibility of a Green Roof By-law A brief discussion ensued between Members of Council regarding green roofs having measurable environmental and economic benefits, City of Toronto having a green roof by-law for 12 years, and the proposed by-law being compatible and consistent with the integrated sustainable standards currently being developed by staff. Resolution #914/22 Moved by Councillor Doody-Hamilton Seconded by Councillor McLean WHEREAS in recognition of the growing impacts of climate change, the City of Pickering declared a climate emergency on December 16, 2019; And Whereas, climate change impacts occur in both the natural environment and the built environment; And Whereas, climate change impacts can adversely affect the resilience of municipal infrastructure such as roads, sewers and watermains, leading to higher maintenance and/or replacement costs which must be borne by taxpayers; And Whereas, the challenges posed by climate change on municipal infrastructure requires alternative methods to try and minimize impacts; And Whereas, green roof technology is a proven, well-established technology that has been implemented by many municipalities as part of a climate change strategy; And Whereas, green roof technology provides environmental benefits such as reduced flood flows, improved water quality, creation of habitat and reduced ‘heat island effect’, among others; And Whereas, green roof technology provides economic benefits such as reduced energy consumption and energy costs for heating and cooling; And Whereas, the green roof industry is firmly established in the Greater Toronto Area, with readily accessible materials and expertise; And Whereas, a Green Roof By-law has been successfully implemented by the City of Toronto since 2009, and this By-law has been accepted and adopted by the development industry; Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: That staff are to investigate the feasibility of establishing a by-law requiring the construction of green roofs, or of alternative roof surfaces that achieve similar levels of performance to green roofs, within the City of Pickering, and report back to Council no later than September 6, 2022. Carried Unanimously on a Recorded Vote 12.2 Feasibility of a Vibration Control By-law Discussion and a question and answer period ensued between Members of Council and staff regarding: • the proposed by-law being a good tool for infill development; • details regarding how the by-law would be formed and enforced; • the need for a cohesive approach by City Development and Corporate Services departments on the initiative; and, • the update in September being to speak to the feasibility of a by-law with the by-law being considered in the next Term of Council. Resolution #915/22 Moved by Councillor Doody-Hamilton Seconded by Councillor Pickles WHEREAS intensification to support new growth is expected to continue in the City of Pickering, particularly in the City Centre neighbourhood and along the Kingston Road Corridor; And Whereas, with intensification comes the erection of more high-rise developments, and the higher the tower, the greater the compaction required for foundation work; And Whereas, it is understood that construction activities such as soil compacting, excavations, and the use of heavy machinery can cause ground-borne vibrations; and further, where these activities are undertaken near existing residential neighbourhoods, they can physically be felt by people, and if these vibrations reach a significant level, may adversely impact neighbouring buildings; And Whereas, the City of Toronto has successfully implemented a vibration control by-law since May 27, 2008 to protect residents from the adverse impacts of construction vibration; Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: That staff are to investigate the feasibility of establishing a vibration control by-law within the City of Pickering and report back to Council no later than the September 19, 2022 Meeting of Council. Carried Unanimously on a Recorded Vote 13. By-laws 13.1 By-law 7934/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election. 13.2 By-law 7935/22 Being a by-law to adopt a Community Emergency Management Program (CEMP) and Community Emergency Management Plan and to meet additional Requirements under the Emergency Management and Civil Protection Act, and protect the health, safety, and welfare of the residents of the City of Pickering. 13.3 By-law 7936/22 Being a by-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1, Now Parts 5, 10, 13, 19, 24, 27 to 30, 38, 41, 43 40R-31180, in the City of Pickering (A 06/21). 13.4 By-law 7937/22 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 Lot 5, Plan 316, in the City of Pickering. (A 04/19) (1964 Royal Road). 13.5 By-law 7938/22 Being a by-law to appoint a Deputy Fire Chief of The Corporation of the City of Pickering. 13.6 By-law 7939/22 Being a by-law to name Block 3, Plan 40M-2692 (Finch Avenue). Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Resolution #916/22 Moved by Councillor Butt Seconded by Councillor Pickles That By-law Numbers 7934/22 through 7939/22 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 By-law 7926/22, to consider a confidential memo relating to the divestiture of the City’s Elexicon investment and to provide direction to staff. 3.1 Confidential Memorandum from the Director, Finance & Treasurer Carried Re: Elexicon Divestiture – Detailed Valuation & Project Timeline Resolution #917/22 Moved by Councillor McLean Seconded by Councillor Butt That Council directs staff to pause Phase Three works (transaction phase) as described in the presentation of the Director, Finance & Treasurer until after the election of the new Council in 2022 and to return to Council a new project timeline for Phase Three works in Q1 of 2023 for approval and implementation. Carried Unanimously on a Recorded Vote 15. Other Business 15.1 Councillor Ashe commended staff for their efforts and work during the extreme weather event that occurred over the May long weekend and spoke to the need to advocate for better communication channels between the City and Elexicon. Mayor Ryan spoke to the complexities related to repairs of electricity systems and noted that he and Marisa Carpino, Chief Administrative Officer, would hold discussions regarding the communication issues with Elexicon. 15.2 Councillor Doody-Hamilton spoke to concerns from residents regarding short term rentals being used for Airbnbs and the tools available to address the 15.5 Councillor Brenner asked whether staff would be assisting in the clearing of tree branches on boulevards and reusing the chips in an environmentally friendly manner with Brian Duffield, Director, Operations, advising that staff would be conducting a chipping recovery in the nex t 24 hours and recycling the wood chips. Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm concerns with Marisa Carpino advising that staff would provide a memorandum to Council to discuss next steps. 15.3 Councillor McLean spoke to a previous direction provided to staff to investigate a tool to help regulate Airbnbs and requested that staff follow up on its status. 15.4 Councillor Mclean spoke to correspondence from the President of Elexicon regarding the electrical grid issues in Bay Ridges adding that he had asked the President to comment on the report previously done on the issues. 16. Confirmation By-law By-law Number 7940/22 Councillor McLean, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of May 24, 2022. Carried 17. Adjournment Moved by Councillor Ashe Seconded by Councillor Doody-Hamilton That the meeting be adjourned. Carried The meeting adjourned at 9:53 p.m. Dated this 24th of May, 2022. David Ryan, Mayor Draft Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Susan Cassel, City Clerk