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HomeMy WebLinkAboutDecember 5, 2022 - Special Council Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt C. Cook M. Nagy – joined the meeting at 6:05 p.m. D. Pickles L. Robinson Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Douglas-Murray - Director, Community Services B. Duffield - Director, Operations J. Flowers - CEO/Director of Public Library 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 D. Jacobs - Manager, Policy & Geomatics N. Surti - Manager, Development Review & Urban Design D. Wylie - Manager, Zoning & Administration J. Yoshida - Deputy Fire Chief R. Perera - Deputy Clerk P. Wirch - Principal Planner, Policy J. St. Amant - Coordinator, Cultural Services T. Higgins - Accessibility Coordinator A. MacGillivray - Committee Coordinator 1. Roll Call The City Clerk certified that all Members of Council were present and participating in- person save and except for Councillor Nagy who was briefly detained at the beginning of the Meeting. 2. Disclosure of Interest Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm No disclosures of interest were noted. Resolution #01/22 Moved by Councillor Brenner Seconded by Councillor Cook That Council move into closed session in accordance with the provisions of Section 239(2) of the Municipal Act and the Procedure By-law, to consider matters pertaining to identifiable individuals, including municipal or local board employees, as it pertains to Citizen Appointments and Nominations to Boards, Committees, and Positions, and a verbal update from the Director, Human Resources. Carried Members of Council and applicable staff moved from the Council Chambers to the Main Committee Room for the in-camera portion of the Meeting. 3. In Camera Matters 3.1 Citizen Appointments and Nominations to Boards, Committees, and Positions This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.2 Verbal Update from the Director, Human Resources Re: Personal Matter This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #02/22 Moved by Councillor Butt Seconded by Councillor Cook That Council rise to the open session of the Special Meeting of Council. Carried Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Council recessed at 6:27 p.m. and reconvened in the Council Chambers at 7:00 p.m. for the public portion of the Meeting. Upon reconvening, Council took a brief pause to allow the livestream of the Meeting to be resumed. 4. In Camera Session - Public Report Mayor Ashe stated that during the closed portion of the meeting, Council considered matters pertaining to identifiable individuals, including municipal or local board employees, as it pertains to Citizen Appointments and Nominations to Boards, Committees, and Positions and a verbal update from the Director, Human Resources. Resolution #03/22 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That the following citizens be appointed for a term ending November 14, 2026, or until a successor is appointed: a) Accessibility Advisory Committee Dave Currie Saima Fatima Brian James Ferguson Ayesha Khan Tammy Lyle-Gravlev Phyllis Milton Reza Rizvi Carla Rudberg-Chin Sam Snyders Megan Thorpe-Ross b) Animal Services Appeal Committee Sandra Frost Tracy Yan c) Committee of Adjustment Tom Copeland Omar Ha-Redeye Denise Rundle Rick Van Andel Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Sean Wiley d) Heritage Pickering Advisory Committee Reid Anderson Asok Bhadra Nicole Brewster Christine Doody-Hamilton Laurin Jeffrey Steve Monaghan Richard Smiles Arif Sohel James White e) Property Review Committee Joysina Ali Gregory Fernandes Isaiah Joseph Muhammad Naeem Santosh Upadhyayula f) Pickering Public Library Board Karen Danylak Brett Kenworthy Akeem Maginley Fatema Mahjabeen Abdullah Mir Doodnauth Sharma Sarah Jeffrey Sheehy Kerry Smuk g) Livestock Valuer John Laider 2. That the following citizens be appointed for a term ending on November 14, 2024, or until a successor is appointed: h) Cultural Advisory Committee Samantha Almeida-Schroen Ruvette Coelho Laura Coulter Daniel Davis Jessica Elliot Zeynab Kazi Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Michael McFarland Azmat Mujeeb Debbie Thompson Ruchi Wali Carried Resolution #04/22 Moved by Councillor Brenner Seconded by Councillor Pickles That Eric Hudson be nominated to the Durham Land Division Committee and that the nomination be forwarded to Durham Regional Council for their consideration. Carried Resolution #05/22 Moved by Councillor Robinson Seconded by Councillor Cook That the confidential direction provided to the Director, Human Resources, during the in-camera portion of the Meeting, be approved. Carried 5. Statutory Public Meeting - 7:00 pm Mayor Ashe gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of OLT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before Council to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 5.1 Director, City Development & CBO, Report PLN 47-22 City Initiated Official Plan Amendment: Changes to development review procedures and fees in response to Bill 109, the Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm More Homes For Everyone Act, 2022, and review of the City’s Planning Application Fees File: OPA 22-003/P Paul Wirch, Principal Planner, Policy, provided Council with an overview of the proposed changes to development review procedures and fees in response to Bill 109, and a review of the City’s Planning Application fees. Through the aid of a PowerPoint presentation, Mr. Wirch provided background information on Bill 109 and the Planning Application Fee – Update Study, and outlined the procedures for development review, including the introduction of a new “pre-submission” review stage, amendments to the “complete application” requirements, bringing forward Staff Recommendation Reports to Statutory Public Meetings, requiring applicants to hold open houses during the “pre-submission” review stage, and the refusal of applications “without prejudice” and allowing for permit reconsiderations in some circumstances. Mr. Wirch also provided information on the proposed changes to the development review and spoke to staff recommendations. Janice Frampton, 1810 Post Drive, appeared before Council to speak to Report PLN 47-22. Ms. Frampton inquired about the effects of the new processes on the public’s ability to make comment and why the Report was not written in plain language. She expressed concern regarding a lack of public consultation on planning applications due to the way the fees were structured, as it would result in the need to push applications through. In conclusion, Ms. Frampton inquired whether there would be another opportunity for public comment on the impacts of Bill 109. Catherine Rose, Chief Planner, stated that applicants would be required to conduct public consultations, create consultation reports, and identify the modifications made to applications prior to submitting a formal application to the City. A question and answer period ensued between Members of Council and staff regarding: • the Province’s intention to bring forward legislation to defer the January, 2023 effective date pertaining to fee refunds to July, 2023; • the financial impacts of Bill 109 to the City being approximately $1 million annually; • report PLN 47-22 addressing provincial legislation and not being a City initiative; • the introduction of public consultation with stakeholders ensuring that the City was best positioned to have both public consultation and meet legislated deadlines; Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm • whether the referral of the Report would impact the City meeting the legislated deadlines; • staff bringing forward an amendment to the City’s general fees in January and the fee increases done by Watsons & Associates being included in the January Report to Council; • how financial risks posed by Bill 109 would be mitigated; and, • the potential risk to the City should Bill 109 not be deferred to July, 2023. Resolution #06/22 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to the review of Planning Act applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 47-22 be approved; 2. That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to the review of Planning Act applications under Bill 109, the More Homes For Everyone Act, 2022, as set out in Appendix I to Report PLN 47-22, be enacted; 3. That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report PLN 47-22, be enacted; 4. That, in response to legislated changes arising from the enactment of Bill 109, the More Homes For Everyone Act, 2022, and to improve cost recovery of the processing of development applications, an increase to the City Development Department – Planning Fees be approved, effective January 1, 2023; 5. That an amendment to Schedule “I” to By-law 6191/03, the General Municipal Fees and Charges By-law, as amended, by deleting the pages for City Development Department – Planning, and substituting the updated pages for City Development Department – Planning, as set out in Schedule “I” to the Draft By-law provided as Appendix III to Report PLN 47-22, be approved; and, 6. That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03, as set out in Appendix III to Report PLN 47-22, be enacted. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Note: The disposition of this matter was determined through the following referral motion Resolution #07/22 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Report PLN 47-22 be referred back to staff to: a. review the best practices of other municipalities and ensure adequate public participation and engagement in the planning process; b. review and clarify any potential financial risks to the Corporation as a result of Bill 109; and, c. ensure that the Report back includes plain language to ensure that the public can understand the information being presented in the Report; and, 2. That Staff report back no later than the June 26, 2023 Council Meeting. Carried Unanimously on a Recorded Vote 6. Delegations 6.1 Barry Pettit, CEO, Pickering Harbour Company, Pettit Inc. Re: Report OPS 18-22 Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay Review of Results of 2022 Pilot Project Barry Pettit withdrew their delegation and did not appear before Council. 6.2 Andrea Zeeb, Commodore, Frenchman's Bay Yacht Club Re: Report OPS 18-22 Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay Review of Results of 2022 Pilot Project Andrea Zeeb withdrew their delegation and did not appear before Council. 6.3 Marion Thomas Re: Report PLN 49-22 Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Marion Thomas, 489 Whitevale Road, appeared before Council to speak to Report PLN 49-22. Ms. Thomas spoke to the dollar value predictions of other municipalities on the negative financial impact of Bill 23 and added that the negative financial impact to the City of Pickering was not articulated in Report PLN 49-22. Ms. Thomas spoke to agricultural land purchases in the Greenbelt by Silvio De Gasperis stating that Mr. De Gasperis was aware that the agricultural easements on the lands would be removed. She further spoke to the lack of clarity on affordable housing and deadlines to have substantial progress on the lands prior to 2025. She further discussed the land transfer tax, stating that it discouraged people from moving and that the different levels of government should share the revenue collected by the land transfer tax. In concluding her delegation, Ms. Thomas briefly spoke to other aspects of Bill 23, including expansion of the sewage treatment plant and the lands being removed from the Greenbelt in Pickering not being close to services as intended in Bill 23. A brief question and answer period ensued between Members of Council and Ms. Thomas regarding whether she had submitted her comments to the Province during the feedback period. 6.4 Matt Bentley Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Matt Bentley, Pickering Resident, appeared before Council to speak to Report PLN 49-22. Mr. Bentley stated that while Bill 23 is being put forward by the Province, he expects that Council will respond on behalf of residents to oppose both the opening of the Agricultural Preserve lands to development and changes to the parkland dedication rates. He spoke to the previous decisions made by the City and the Province regarding the Greenbelt. He stated that the City was meeting development targets and that existing urban areas were able to accommodate the anticipated future growth. He spoke to a number of public Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm bodies and organizations that were in opposition to Bill 23 and added that the recent municipal election campaigns did not mention removal of lands from the Greenbelt. He further spoke to Section 5.1 of Report PLN 49-22, adding that the staff recommendation to support in principle the reduction of the parkland dedication provision was flawed, and spoke to the anticipated negative impacts. 6.5 Elder David Grey Eagle Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Elder David Grey Eagle did not appear before Council to provide a delegation. 6.6 Zahra McConnell Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Zahra McConnell, 1424 Highbush Trail, joined the meeting via audio connection to speak to Report PLN 49-22. Ms. McConnell expressed concern around the provisions in Bill 23 to develop lands in the Agricultural Preserve as well as her concern regarding the negative impacts this will have on the future of the community. Ms. McConnell asked that Council oppose the staff recommendations contained in Report PLN 49-22, and do what is within their power to stop the destruction of the Duffins Rouge Agricultural Preserve. 6.7 Janice Frampton Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Janice Frampton, 1810 Post Drive, spoke to a letter sent by Mayor Ashe expressing the City’s support for the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. She expressed her disagreement with the letter, and expressed that the letter does not necessarily reflect the views of all Pickering residents. Ms. Frampton further spoke to Council’s four year mandate and articulated her disappointment with how this term of Council has begun. 6.8 Brigitte Sopher Mary Evans Carmen Lishman Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Brigitte Sopher, Mary Evans, and Carmen Lishman, 470 Whitevale Road, appeared before Council to speak to Report PLN 49-22. Ms. Sopher, Ms. Evans, and Ms. Lishman requested that Council reject the staff recommendations in Report PLN 49-22 to develop lands within the Duffins Rouge Agricultural Preserve (DRAP). The delegates provided several reasons why they were in opposition to Bill 23, including increased pressures on the adjacent community of Whitevale, the DRAP’s role in the Central Pickering Development Plan, the outdated nature of the Cherrywood Growth Management Study, the anticipated negative impacts this may have on climate change and food scarcity, the availability of existing land in Pickering’s urban boundary for development, and the economic value and benefits of farmland in proximity to cities. They further expressed concern around two-thirds of all the Greenbelt land being removed in Ontario being situated in Pickering, allowing developers to make large profits from lands that were purchased below market value, and additional negative impacts including loss of greenspace, damage to watersheds, loss of agricultural land and employment, insufficient infrastructure, and higher taxes that could result from Bill 23. The delegates concluded their delegation by summarizing their concerns and submitting a petition on this matter to the City Clerk. 6.9 John Sabean Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing John Sabean, 928 Reytan Boulevard, appeared before Council to speak to Report PLN 49-22. Mr. Sabean provided historical context around the expropriation of lands in North Pickering and the historical homes and properties noted in that area. Mr. Sabean spoke to the demolition of numerous historical buildings in Northwest Pickering and further spoke to the losses experienced by Pickering with the loss of land to neighbouring municipalities. He expressed concern regarding the hamlet of Cherrywood, specifically the loss of heritage buildings and community character. Mr. Sabean concluded his delegation by asking that Council not support the removal of the Duffins Rouge Agricultural Preserve. 6.10 Michael Robertson Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Michael Robertson, 865 Seven Concession Road, appeared before Council to speak to Report PLN 49-22. Mr. Robertson discussed the inefficiencies of urban sprawl and spoke to the benefits of infill development, by way of three to four storey buildings, and additions to existing structures. He stated that a benefit of infill development was that the lands were already serviced. In conclusion, he expressed his hopes for the Duffins Rouge Agricultural Preserve remaining in the Greenbelt. 6.11 Abdullah Mir Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Abdullah Mir, 1003 Riverview Crescent, appeared before Council to speak to Report PLN 49-22. Mr. Mir expressed his opposition to the Report and noted that Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt would prevent Pickering residents from enjoying its various benefits. He expressed that the opposition to Bill 23 does not translate to opposition to development and spoke to the negative impacts of building on the Duffins Rouge Agricultural Preserve, including the loss fresh air, greenspace, and adequate flood mitigation. Mr. Mir further expressed his skepticism regarding whether truly affordable housing will be developed on these lands, and whether the location and infrastructure is suitable for affordable housing development. He concluded his delegation speaking to concerns around reduced development charges and its anticipated impacts to tax rates and City services, and asked that Council promote and protect the interests of Pickering residents and not approve the recommendations in Report PLN 49-22. 6.12 Gord MacPherson Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Gord McPherson, 1535 Bentley Lane, appeared before Council to speak to Report PLN 49-22. Mr. McPherson provided Council an overview of his experience in resource management with expertise in environmental monitoring, habitat restoration, and community stewardship. He expressed his concern with the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt, adding that the lands were adjacent to Rouge National Urban Park, and that development could negatively impact the hydrology of the area watershed. Mr. McPherson further spoke to the anticipated impacts development would have on the species that inhabiting the Agricultural Preserve including the Great Blue Heron, River Otter, and Blanding’s Turtle. Mr. McPherson concluded his delegation by asking that Council rescind their support for the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. A brief question and answer period ensued between Members of Council and Mr. McPherson regarding the impacted species on the lands. Resolution #08/22 Moved by Councillor Brenner Seconded by Councillor Robinson Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm That Council take a short recess. Carried Council recessed at 8:55 p.m. and reconvened at 9:11 p.m. 6.13 Stephen Marshall Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Stephen Marshall, 485 Whitevale Road, appeared before Council to speak to Report PLN 49-22. Mr. Marshall spoke to the history of Greenbelt lands in Pickering and the Greenbelt as a concept. He questioned the definition of the various metrics provided by the Province in their Housing Pledge request, and asked whether the Province’s request could be accommodated in Seaton and existing urban lands. He expressed concern with the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt and its negative impacts referring to a letter from the General Manager of Rouge National Urban Park. He added that the removal of the lands does not fit the long-term objectives of Pickering and asked that Council not support the staff recommendations of the Report. 6.14 Heather Robertson Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Heather Robertson, Pickering Resident, appeared before Council to speak to Report PLN 49-22. Ms. Robertson expressed concern with a builder’s ability to request a MZO, and referred to a previous MZO provided to the Annandale Golf Course. She discussed the negative impacts of Bill 23 including the damage to water supply, Carruthers Creek, Lake Simcoe, and Rouge National Urban Park. She concluded her delegation by asking that Council relay the ask of Pickering residents to the Province. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 6.15 Margaret Bowie Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Margaret Bowie, 1089 Rouge Valley Drive, appeared before Council to speak to Report PLN 49-22. She expressed her concern with Bill 23 and stated that there were other ways to accommodate housing needs in Pickering. She added that democracy was at risk and concluded her delegation by asking that Council do everything in its power to protect the City. 6.16 Phil Frampton Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Phil Frampton, 1810 Post Drive, appeared before Council to speak to Report PLN 49-22. Mr. Frampton stated that he was a member of the Pickering Taxpayers Coalition, and that the taxpayers could not afford the financial impacts from the proposed changes. He spoke to Council’s obligation to protect its taxpayers and the financial impact of Bill 23 being $12.3 million dollars over the next four years. He concluded his delegation by asking that Council protect the interest of the residents. 6.17 Julie Schembri Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Julie Schembri, 3215 North Road, appeared before Council to speak to Report PLN 49-22. Ms. Schembri spoke to the history of the Duffins Rouge Agricultural Preserve and the work done by various governments over the years to protect the agricultural preserve in perpetuity. She questioned the rational to focus on the agricultural lands for housing when the City was experiencing massive growth in Seaton. She expressed concern for how affordable housing was proposed to be calculated based on the price of the house rather than household income. She added that even with the proposed legislative changes, the cost of housing would still remain out of reach for many. She spoke to the lack of roads to accommodate the population growth and where the money would come from to fund new roads. She further asked that Council members who had received campaign contributions from developers who own lands in the agricultural preserve, excuse themselves from voting on the matter. She asked that Council reconsider its support for the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. 6.18 Robert Lyon Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Robert Lyon, 478 Fourth Concession Road, appeared before Council to speak to Report PLN 49-22. Mr. Lyon stated that the agricultural lands were placed in the Greenbelt due to a disagreement between a developer and the previous premier and a land swap in the Oak Ridges Moraine. He stated that there was an agricultural easement on his lands, which alongside other governmental policies, dictated the type of activity that could be done on his lands. Mr. Lyon expressed support for Bill 23, and spoke to the need for housing, adding that the City needed to use its infrastructure. He also spoke to the Expropriations Act and added that the Duffins Rouge Agricultural Preserve lands were fully serviced and needed to be utilized. 6.19 Don Harvey Re: Corr. 33-22 The Honourable Steve Clark, Minister of Municipal Affairs and Housing Re: Municipal Housing Targets and Municipal Housing Pledges City of Pickering: 13,000 6.20 Don Harvey Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Re: Corr. 34-22 The Association of Municipalities of Ontario Re: Unpacking Bill 23 – More Homes Built Faster Act, 2022 Don Harvey, Pickering Resident, appeared before Council to speak to Corr. 33-22 and Corr. 34-22. Mr. Harvey stated that Bill 23 gifted massive wealth to a handful of developers while shifting approximately a billion dollars a year in costs from those developers to Ontario residents. He referred to other municipalities who had expressed their opposition to Bill 23 and questioned the rationale for City Council’s willingness to provide greenbelt lands and financial windfall to Silvio De Gasperis at a great cost to Pickering residents. He further spoke to the importance of the agricultural preserve including its uniqueness and its close proximity to a national park and the City of Toronto. He spoke to the history of the agricultural easements on the lands, adding that Pickering Council had signed an agreement to protect the agricultural preserve for agricultural purposes in perpetuity. He further discussed the series of events which led to the Province, in 2005, removing Pickering’s right to plan in the agricultural preserve. Mr. Harvey asked that Council stand with other municipalities and its residents in opposing Bill 23. 6.21 Timothy Silman Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Timothy Silman, 435 Third Concession Road, appeared before Council to speak to Report PLN 49-22. Mr. Silman spoke to the history of the Greenbelt Plan and stated that building homes on the agricultural lands would destroy the agricultural preserve. He further stated that some of the lands that were being removed from the Greenbelt were owned by developers. He spoke to land purchases by developers shortly prior to the announcement of Bill 23, adding that a complete investigation was needed on these land transactions. He further spoke to the damage currently done by developers to the lands and referred to previous complaints made to the City and conservation authorities. Mr. Silman continued and raised concerns regarding the adverse impacts of Bill 23, including increases to property taxes in Pickering, and raised concerns regarding the letter sent by Mayor Ashe expressing the City’s support for the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. Mr. Silman also referred to a Memorandum of Agreement between Parks Canada and the Province, which Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm required public consultation on proposed changes to any applicable provincial plans and added that consultation had not been done with Parks Canada. Mr. Silman spoke to the opposition of other municipalities to Bill 23 and asked that Council not support the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. 6.22 Mike Borie Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Mike Borie, 1044 Escott Court, appeared before Council to speak to Report PLN 49-22. Mr. Borie expressed his disappointment with the letters sent to the Province by Mayor Ashe and previous Mayor Ryan, expressing support for the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt, and added that the letters should have noted that it was their personal views. He stated that the staff comments contained in Section 2 of the Report should not be endorsed by Council as it was based on a 2004 study. Mr. Borie said that he found it puzzling that the only study out of a total of five other studies done by three different provincial governments, being the Northern Pickering Project, 1994, the Duffins Rouge Agricultural Preserve Strategy, 1995, the Town of Pickering 1997 Rural Study, that the previous Mayor Ryan and current Mayor Ashe chose to support a study that was developer influenced and funded by developers in 2003 to 2004. He spoke to the historical background of the agricultural easements and stated that the City, the Regional Municipality of Durham, and the Province had a moral and public duty to uphold the agreements for the interest of the public and not the private. He added that Section 2 of the Report was relying on the Growth Management Study which was outdated and lacked consultation with indigenous groups. He commented on the adverse impacts of building on the lands to the environment and the wildlife and that this had not been included in the Report and asked that Council omit Section 2 of the Report to protect the Greenbelt and the farmland in Pickering. 6.23 Darshan Sritharan Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm − Various Other Legislative and Regulatory Proposals Comments to the Ontario Ministry of Municipal Affairs and Housing Darshan Sritharan, 1030 Rambleberry Avenue, appeared before Council to speak to Report PLN 49-22. Mr. Sritharan expressed concerns of Pickering residents with respect to the continued attack on the environmentally sensitive lands from urban sprawl. He discussed previous Council’s decisions to build on environmentally sensitive lands including the proposed airport, the Amazon building, and the campaign for a hospital in Pickering. He stated that it was clear that Pickering had the land that was needed to support the growth targets. He also discussed negative impacts of Bill 23 as it related to the environment, and added that the Bill was evidence of urban sprawl. Mr. Sritharan noted that there were alternate methods to meet housing targets, and concluded his delegation by asking that Council not support the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. 6.24 Janet Traverse Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals Comments to the Ontario Ministry of Municipal Affairs and Housing Janet Traverse, 2171 Dueberry Drive, appeared before Council to speak to Report PLN 49-22. Ms. Traverse stated that Pickering was becoming another Mississauga and losing its identity. She spoke to negative impacts of urban sprawl, including loss of uniqueness, loss of greenery, displacement of wildlife, and increased traffic and crime. She also spoke to the importance of the Greenbelt as it pertains to the eco-system and the protection of natural habitats of wildlife. She noted that the destruction of the Greenbelt would bring air pollution and the importance of farmland and quality food. She stated that developer campaign contributions have not only reached Provincial politicians but also local politicians. She discussed the costs that would be incurred to mitigate urban sprawl and costs to the City should development charges be eliminated. She concluded her delegation by reiterating the importance of the Greenbelt. 6.25 Steve LaForest Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Steve LaForest, on behalf of Pickering Naturalists, appeared before Council to speak to Report PLN 49-22. Mr. LaForest, expressed his opposition to the proposed changes to the Duffins Rouge Agricultural Preserve and stated that sufficient lands were already available in the Greater Toronto Area (GTA) for housing. He questioned where the food for all of the additional people that the provincial government proposed to house on the agricultural preserve would come from. He stated that agricultural land in proximity to the GTA would produce crops with a far lower carbon footprint than crops grown some distance away. He noted that in Durham Region, 1,588 hectares of prime agricultural land were redesignated from a rural to a development designation outside of the Greenbelt from 2005 to 2014, and that during this same period, only 105 hectares of prime agricultural land were lost within the Greenbelt. He spoke to the extensive consultations that had taken place between Pickering, Durham Region, and the provincial government when the Duffins Rouge Agricultural Preserve was established. He added that the lands were protected by a conservation easement, with the intent to keep the land as farmland in perpetuity. Mr. LaForest stated that the City removed the conservation easements on two-thirds of the relevant properties, leaving them unprotected from development. He stated that it was then left to the provincial government to safeguard these lands which led the Duffins Rouge Agricultural Preserve being created. He noted that it was distressing to see how this endeavour demonstrates a lack of regard for environmental protections. He concluded his delegation by stating the need to maintain existing protections for the lands within the Duffins Rouge Agricultural Preserve. 6.26 Frank McGillan Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Frank McGillan did not appear before Council to provide a delegation. 6.27 Garrett Peters Carole Dufour Re: Report PLN 49-22 Planning Reform Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Garrett Peters and Carole Dufour, 1528 Napanee Road, appeared before Council to speak to Report PLN 49-22. He stated that Bill 23 was a shortsighted plan which would only make a small number of developers richer. He added that the Bill was lacking benefits, and would not result in affordable housing. He stated the City must rethink the ways in which communities were created so that affordable housing was being built while protecting the environment. He noted that bulldozing ecologically sensitive lands and building single family homes were not environmentally sustainable. Mr. Peters said that the City needed to protect its agricultural lands, environmentally sensitive lands, and watersheds, and asked that Council renew its commitment to protect the Greenbelt. 6.28 Helen Brenner Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Helen Brenner, 1422 Highbush Trail, appeared before Council to speak to Report PLN 49-22. Ms. Brenner stated that she was a member of Stop Sprawl Durham, and added that as stated on the Stop Sprawl Durham’s website, we could build affordable housing options, protect farmland and natural areas, promote viable public transportation, create neighbourhoods that were safe for walking and cycling, and reduce the carbon footprint. She spoke to need to create complete communities with a range of missing middle housing forms, schools, parks, workplaces, and stores within the existing urban boundaries. She discussed the need for flexible zoning which would permit duplexes, small apartment suites, and in-law apartments, and spoke to the need to build housing concurrently with protecting the environment. She expressed her disappointment with Mayor Ashe’s letter dated November 16, 2022, expressing support for the removal of the Duffins Rouge Agricultural Preserve lands from the Greenbelt. She said the eagerness to alter the Greenbelt would have a dire impact on the residents of Pickering. Ms. Brenner referred to an Ontario 2022 Affordable Housing Taskforce report which spoke to the protection of environmentally sensitive lands. She stated that the City should focus on meeting housing targets in Seaton and the importance of Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm protecting the Greenbelt. In conclusion, Ms. Brenner asked that Section 2 of the Report be removed. 6.29 Christina Vasilevski Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Christina Vasilevski, 1535 Diefenbaker Court, appeared before Council to speak to Report PLN 49-22. She stated that reducing the Greenbelt would risk Pickering’s future resilience against climate change and the ability to have clean water, and mitigate flooding. She referred to streets in Pickering that currently experience flooding and spoke to the lack of support from the City in mitigating the damage from flooding. She discussed flooding in Reytan Street in the past few years, and stated that residents were unable to receive insurance coverage for sewer backup due to the flooding from Krosno Creek. She further spoke to potential consequences of Bill 23 including the lack of autonomy for local governments. She concluded her delegation by expressing the need to not support Bill 23. 6.30 Chief Kelly LaRocca, Mississaugas of Scugog Island First Nation Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Chief Kelly LaRocca, Mississaugas of Scugog Island First Nation, appeared before Council to speak to Report PLN 49-22. Chief LaRocca stated that it was the Province’s constitutional duty to provide informed and meaningful consultation to First Nations whose rights and lands would be impacted by Crown decision making. She advised that the Mississaugas of Scugog Island First Nation had not been consulted on Bill 23, and expressed concern on the lack of consultation with discussions of reconciliation taking place. She stated that in their view, the Bill was unconstitutional. She spoke to the negative impacts of Bill 23 on the environment and urged Council to conduct meaningful consultation with the First Nations prior to pursuing significant planning amendments which would lead to Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm the permanent development of the Region’s remaining natural areas. She asked that in the coming years, Council change its approach to planning and prioritize sustainable land use that maximizes the benefits of lands which were suitable for development while minimizing the impact to the environment. In conclusion, she stated that the plan should be paused until consultation has taken place. A brief question and answer period ensued between Members of Council and Chief LaRocca on the importance of the Gunshot Treaty. 6.31 Thomas Reesor Clayton Reesor Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing Thomas Reesor and Clayton Reesor, 170 Fourth Concession Road, appeared before Council to speak to Report PLN 49-22. Mr. Reesor stated that his family farmed on the subject lands, with fifty percent of their farm being on the Duffins Rouge Agricultural Preserve. He noted that the lands were in their family for approximately five generations and contained some of the best soil in North America, and that the proposed changes would have major impacts on their lands. They spoke to practices of excavation by developers, promoted as being beneficial for farmers, when in reality it was working against farmers. Mr. Reesor said that similarly, the reduction of the Greenbelt was being promoted as being beneficial to farmers while in reality this was not true. He stated that some of the proposed changes were overdue, however, this should not be done by developing on farmland. He noted that the Province should focus on building housing within urban boundaries, return to minimum density targets, make targeted infrastructure, invest in rural communities and small towns designed to support farmers, and address exclusionary zoning policies to allow for more density. He said that the best use of open air lands was for agriculture and said that together the City could protect farmland while addressing housing needs. In conclusion, they asked that Council be thoughtful in their decision making. 6.32 Peter Rodrigues Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals Comments to the Ontario Ministry of Municipal Affairs and Housing Peter Rodrigues, 750 Whitevale Road, appeared before Council to speak to Report PLN 49-22. He spoke to the opposition of the people on all aspects of Bill 23 and stated that he felt that the residents were being ignored. He requested that the vote on the matter be a recorded vote. Mr. Rodrigues spoke to the importance of the agricultural preserve to Pickering residents and that Council must represent the views of the residents. 6.33 June Enright Re: Report PLN 49-22 Planning Reform − Bill 23, More Homes Built Faster Act, 2022 − Proposed Amendments to the Greenbelt Plan − Proposed Integration of A Place to Grow and the Provincial Policy Statement − Various Other Legislative and Regulatory Proposals − Comments to the Ontario Ministry of Municipal Affairs and Housing June Enright, 820 Jomar Avenue, appeared before Council to speak to Report PLN 49-22. She said that she was in front of Council as a resident and on behalf of the Cherrywood Ratepayer Association. She said that both the past Mayor and the current Mayor and a number of current Councillors have betrayed their constituents by supporting to place the Duffins Agricultural Preserve up for development. She referred to an article from Bloomberg, which spoke to addressing biodiversity loss. She referred to an Investigation Report by Beacon Environmental regarding the realignment of Whites Road, which indicated harm to endangered wildlife and fauna. She also spoke to the loss of a seven generation farming family who would lose up to 50% of their family land. She said that the changes were shortsighted and not needed. In conclusion, Ms. Enright asked that Council not support the removal of the Duffins Rouge Agricultural Preserve from the Greenbelt. Resolution #09/22 Moved by Councillor Nagy Seconded by Councillor Butt That Council take a short recess. Carried Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Council recessed at 11:32 p.m. and reconvened at 11:41 p.m. Resolution #10/22 Moved by Councillor Brenner Seconded by Councillor Robinson That the order of the agenda be changed to hear Item 8.17, Report PLN 49-22, as the next item of business. Carried 8.17 Director, City Development & CBO, Report PLN 49-22 Planning Reform - Bill 23, More Homes Built Faster Act, 2022 - Proposed Amendments to the Greenbelt Plan - Proposed Integration of A Place to Grow and the Provincial Policy Statement - Various Other Legislative and Regulatory Proposals Comments to the Ontario Ministry of Municipal Affairs and Housing Discussion and a question and answer period ensued between Members of Council and staff regarding: • the lack of provincial consultation with municipalities and indigenous communities; • concerns that moving forward with the staff recommendation pertaining to parkland dedication would negatively impact the intensification in the Kingston Road Corridor; • conveying staff comments pertaining to concerns relating to Bill 23 included in the Report to the Province; • whether the Official Plan of the Region would be severed between area municipalities; • whether the Province would have approval authority for official plans; • the negative impact of the loss of conservation authorities within the planning process; • the financial impact of the loss of development charges and how this loss would be addressed by the City; • affordable housing receiving a 100% break from development charges; and, • whether there were any city facilities that would be impacted by the loss of development charges and whether the Province would provide any financial relief to municipalities to address the financial impacts. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Resolution #11/22 Moved by Councillor Brenner Seconded by Councillor Robinson 1. That the comments in Report PLN 49-22, regarding Bill 23, the More Homes Built Faster Act, 2022, and various other Environmental Registry, Regulatory Registry, and Provincial Plans and Policy reforms, be endorsed, save and except the comments contained in Section 2, ERO Posting 019-6216 (Proposed Amendments to the Greenbelt Plan), ERO Posting 019-6238 (Proposed Revocation of the Minister’s Zoning Order – Ontario Regulation 154/03) and ERO 019-6304 (Repeal of the Duffins-Rouge Agricultural Preserve Act, 2005 (commenting deadline: December 4, 2022; comments submitted on November 28, 2022) under the “Discussion” section of PLN 49- 22; 2. That staff be authorized to submit (and resubmit where required) the comments in Report PLN 49-22 to the Province via the respective consultation portals save and except the comments contained in Section 2 under the “Discussion” section of PLN 49-22; and, 3. That a copy of Report PLN 49-22 and Council’s resolution thereon, be forwarded to the Premier Douglas Ford, the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and the other Durham area municipalities. Carried Later in the Meeting (See Following Motion) Resolution #12/22 Moved by Councillor Cook Seconded by Councillor Brenner That Items 1 and 2 of the main motion be amended to read as follows: 1. That the comments in Report PLN 49-22, regarding Bill 23, the More Homes Built Faster Act, 2022, and various other Environmental Registry, Regulatory Registry, and Provincial Plans and Policy reforms, be endorsed, save and except the comments contained in Section 2, ERO Posting 019- 6216 (Proposed Amendments to the Greenbelt Plan), ERO Posting 019- 6238 (Proposed Revocation of the Minister’s Zoning Order – Ontario Regulation 154/03) and ERO 019-6304 (Repeal of the Duffins-Rouge Agricultural Preserve Act, 2005 (commenting deadline: December 4, 2022; Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm comments submitted on November 28, 2022), and the recommendations pertaining to parkland dedication rates as contained in Section 5.1, under the “Discussion” section of PLN 49-22; 2. That staff be authorized to submit (and resubmit where required) the comments in Report PLN 49-22 to the Province via the respective consultation portals save and except the comments contained in Section 2 and the recommendations contained in Section 5.1 under the “Discussion” section of PLN 49-22; and, Carried Unanimously on a Recorded Vote The Main Motion, as amended, was then Carried Unanimously on a Recorded Vote Resolution #13/22 Moved by Councillor Pickles Seconded by Councillor Butt That due to the remaining items of business on the agenda, the meeting be extended to allow Council to continue to meet beyond 12:00 a.m. Carried 7. Correspondence 7.1 Corr. 33-22 The Honourable Steve Clark, Minister of Municipal Affairs and Housing Re: Municipal Housing Targets and Municipal Housing Pledges City of Pickering: 13,000 Resolution #14/22 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 33-22, from The Honourable Steve Clark, Minister of Municipal Affairs and Housing, dated October 25, 2022, regarding Municipal Housing Targets and Municipal Housing Pledges City of Pickering: 13,000, be received for information. Carried Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 7.2 Corr. 34-22 The Association of Municipalities of Ontario Re: Unpacking Bill 23 – More Homes Built Faster Act, 2022 Resolution #15/22 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 34-22, from The Association of Municipalities of Ontario, dated November 2, 2022, regarding Unpacking Bill 23 – More Homes Built Faster Act, 2022, be received for information. Carried 7.3 Corr. 35-22 Mary Medeiros, City Clerk, City of Oshawa Re: Amendments to Bill 3, Strong Mayors, Building Homes Act, 2022 Resolution #16/22 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Corr. 35-22, from Mary Medeiros, City Clerk, City of Oshawa, dated November 2, 2022, regarding Amendments to Bill 3, Strong Mayors, Building Homes Act, 2022, be received; 2. That Mayor Ashe send a letter to the Premier of Ontario, Minister of Municipal Affairs and Housing, Deputy Minister of Municipal Affairs and Housing, Secretary of the Cabinet, Head of the Ontario Public Service, Deputy Attorney General of Ontario, Attorney General, MPP Parliamentary Assistant to the Attorney General advising that: i. Pickering City Council does not support the amendments to Bill 3, Strong Mayors, Building Homes Act, 2022; and, ii. Pickering City Council does not support the amendments applying to the City of Pickering; 3. That a copy of the Council resolution be provided to the Region of Durham, all Durham Region municipalities, Durham Region Members of Provincial Parliament, AMO, OMAA, and AMCTO. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Carried 7.4 Corr. 36-22 Susan Cassel, City Clerk, City of Pickering Re: Council Appointments to Boards, Committees, and Positions Resolution #17/22 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That the following Members of Council be appointed to the following Committees, Board, and Position for a term ending November 14, 2026: Animal Services Appeal Committee Councillor Butt Civic Awards Committee Mayor Ashe (Ex-Officio) Councillor Butt Councillor Nagy Councillor Robinson Pickering Public Library Board Councillor Brenner Councillor Cook Site Plan Advisory Committee Councillor Butt Councillor Nagy Councillor Robinson Vehicle for Hire Advisory Committee Councillor Brenner Alternate Regional Councillor Councillor Butt 2. In accordance with Policy ADM 045, that the following Regional Councillors be appointed Deputy Mayor for the following terms: Councillor Brenner – November 15, 2022 – March 14, 2024; Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Councillor Cook – March 15, 2024 – July 14, 2025; and, Councillor Pickles – July 15, 2025 – November 14, 2026. Carried 7.5 Corr. 37-22 Susan Cassel, City Clerk, City of Pickering Re: Council Nominations to Central Lake Ontario Conservation Authority (CLOCA) and the Toronto and Region Conservation Authority (TRCA) Resolution #18/22 Moved by Councillor Pickles Seconded by Councillor Brenner That the following Members of Council be nominated to the Central Lake Ontario Conservation Authority (CLOCA) and the Toronto and Region Conservation Authority (TRCA): Central Lake Ontario Conservation Authority (CLOCA) Councillor Pickles Toronto and Region Conservation Authority (TRCA) Mayor Ashe Carried 8. Matters for Consideration 8.1 Director, Corporate Services & City Solicitor, Report BYL 06-22 Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Resolution #19/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report BYL 06-22 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 2. That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2024; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 8.2 Chief Administrative Officer, Report CAO 17-22 Pre 2023 Current Budget Approvals Resolution #20/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council approve the following two recommendations related to pre 2023 Current Budget approval: a) That pre 2023 Current Budget approval be provided for the hiring of five additional firefighters with a start date of February 1, 2023 and this cost of $402,700 be included in the Fire Services 2023 Budget for Accounts Salaries & Wages (10700.50100-$298,298) and Employee Benefits (10700.501020-$104,402); b) That pre 2023 Current Budget approval be provided for the hiring of one Senior Purchasing Analyst with a start date of February 1, 2023 and this cost of $99,290 be included in the Supply & Services 2023 Budget for Accounts Salaries & Wages (10605.50100-$76,377) and Employee Benefits (10605.501020-$22,913); and, 2. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 8.3 Director, Community Services, Report CS 22-22 The Wellness Health Centre Ltd. - Lease Agreement Resolution #21/22 Moved by Councillor Pickles Seconded by Councillor Butt Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 1. That the Mayor and the City Clerk be authorized to execute the Lease Agreement with The Wellness Health Centre Ltd. set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 8.4 Director, Community Services, Report CS 24-22 Community Safety and Well-Being Initiatives - East Shore Community Centre - Use as Emergency Overnight Warming Centre Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities Resolution #22/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report CS 24-22 regarding the implementation of Community Safety and Well-Being Initiatives be received; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with Christian Faith Outreach Centre, set out in Attachment 1 to this report, for use of East Shore Community Centre as an Emergency Overnight Warming Centre, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with Christian Faith Outreach Centre, set out in Attachment 2 to this report, for use of the Chestnut Hill Developments Recreation Complex Arena Dressing Rooms for outreach shower facilities, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Carried 8.5 Director, Community Services, Report CS 25-22 Recreation User Fee Study & Pricing Policy Consulting Services Resolution #23/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council approve the hiring of Monteith Brown Planning Consultants Ltd. and Tucker-Reid & Associates to conduct a Recreation User Fee Study and develop a Pricing Policy for Recreation Services in accordance with Purchasing Policy Item 10.03 (c), as the assignment is above $50,000.00; 2. That the fee proposal submitted by Monteith Brown Planning Consultants Ltd. and Tucker-Reid & Associates to conduct a Recreation User Fee Study and develop a Pricing Policy for Recreation Service in the amount of $67,990.00 (HST excluded) or $76,828.70 (HST included) be accepted; 3. That the total gross project cost of $76,828.70 (HST included) and the total net project cost of $69,187.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $69,187.00 as approved in the 2022 Current Budget to be funded as follows: a) The sum of $63,790.00 to be funded from Property Taxes; b) The sum of $5,397.00 to be funded from the Community Benefit Charges 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 8.6 Director, Engineering Services, Report ENG 23-22 Rotary Frenchman’s Bay West Park Reconstruction Phase 2 Tender T2022-9 Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Resolution #24/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T2022-9 for the Rotary Frenchman’s Bay West Park Reconstruction Phase 2 as submitted by Orin Contractors Inc. in the total tendered amount of $2,141,350.00 (HST included) be accepted; 2. That the total gross project cost of $3,083,771.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $2,777,031.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $2,777,031.00 as follows: a) the sum of $1,000,000.00 available budget in capital project C10320.1912 as approved in the 2021 Parks Capital Budget to be funded by a transfer from Development Charges – City’s Share Reserve; b) the sum of $1,000,000.00 available budget in capital project C10320.1912 as approved in the 2021 Parks Capital Budget to be funded by a transfer from the Development Charges Reserve Fund – Parks & Recreation Services be increased to $1,365,244.00; c) the sum of $46,543.00 available budget in capital project C10320.1912 to be funded by a transfer from Third Party Contributions (Swim Drink Fish); d) the sum of $365,244.00 to be funded by a transfer from the Rate Stabilization Reserve to cover the remaining over expenditure; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 8.7 Director, Engineering Services, Report ENG 24-22 Additional Cost for Project Management and Design Services for the Pickering Innovation Corridor Seaton Community Resolution #25/22 Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Moved by Councillor Pickles Seconded by Councillor Butt 1. That additional project management and design services fees requested by Sabourin Kimble & Associates Ltd. in the amount of $122,000.00 (plus HST) for the change in scope of work to undertake the necessary studies and design work associated with the provision of municipal services within the Pickering Innovation Corridor, be accepted, in accordance with Purchasing Policy 10.3 (c) as the assignment is above $50,000.00; 2. That the total net project cost $1,307,616.00 be revised to $1,431,763.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to fund the revised net project cost of $1,431,763.00 from Capital Budget account C10600.1802.01 (formerly 5203.1802.6265) from the Sale of Land, and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Carried 8.8 Director, Engineering Services, Report ENG 25-22 Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction Tender No. T2022-12 Resolution #26/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T2022-12 for Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction as submitted by Mianco Group Inc. in the total tendered amount of $1,165,015.88 (HST included) be accepted; 2. That the firm of Aquafor Beech Limited be retained to provide contract administration services during construction as approved in Resolution #280/20 in the amount of $92,886.00 (HST included) as per their proposal dated November 8, 2021; Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 3. That the total gross project cost of $1,547,576.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $1,393,640.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $1,393,640.00 as follows: a) the sum of $1,045,230.00 (net of HST rebate) available in capital project C10575.1903.01 Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction as approved in the 2019 and 2022 Capital Budgets to be funded by a transfer from Development Charges – City’s Share Reserve; b) the sum of $348,410.00 (net of HST rebate) available in capital project C10575.1903.01 Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction as approved in the 2019 and 2022 Capital Budgets to be funded by a transfer from Development Charges – 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. Carried 8.9 Director, Finance & Treasurer, Report FIN 15-22 2023 Interim Spending Authority Resolution #27/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That the 2023 Interim Operating Expenditures be approved at 50 percent of the prior year’s budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2023 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. Carried 8.10 Director, Finance & Treasurer, Report FIN 16-22 2023 Temporary Borrowing By-law Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Resolution #28/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That the temporary borrowing limit of $63 million be established to meet 2023 current expenditures pending receipt of taxes and other revenues for the period of January 1 to September 30, 2023 inclusive, and $32 million thereafter until December 31, 2023; 2. That the temporary borrowing limit for capital purposes for 2023 be established at $160 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. Carried 8.11 Director, Finance & Treasurer, Report FIN 17-22 2021 Building Permit Stabilization Reserve Fund Resolution #29/22 Moved by Councillor Pickles Seconded by Councillor Butt It is recommended that Report FIN 17-22 from the Director, Finance & Treasurer regarding the 2021 Building Permit Stabilization Reserve Fund be received for information. Carried 8.12 Director, Corporate Services & City Solicitor, Report LEG 15-22 Amendment to the Municipality Contribution Agreement between Ontario Lottery and Gaming Corporation and The Corporation of the City of Pickering Resolution #30/22 Moved by Councillor Pickles Seconded by Councillor Butt Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 1. That the attached Amendment to Municipality Contribution Agreement between Ontario Lottery and Gaming Corporation and The Corporation of the City of Pickering be approved; 2. That the Mayor and City Clerk be authorized to execute the said Amendment to Municipality Contribution Agreement; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 8.13 Director, Operations, Report OPS 11-22 2023 Pre-Budget Approval Purchase Order for Supply & Delivery of One Gradall Hydroscopic Excavator Resolution #31/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That the quotation submitted by Amaco Equipment, dated July 7, 2022, in the amount of $767,270.00 (HST included) be accepted; 2. That the total gross project cost of $767,270.00 (HST included) and the total net project cost of $690,950.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the project as follows: a) 2023 pre-budget funding approval in the amount of $770,000.00 from the 2023 Roads Capital Budget from the Major Equipment Reserve; b) 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; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm 8.14 Director, Operations, Report OPS 18-22 Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay Review of Results of 2022 Pilot Project Resolution #32/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report OPS 18-22 from the Director, Operations regarding the mechanical harvesting of Eurasian watermilfoil weeds in Frenchman’s Bay 2022 pilot project be received for information; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 8.15 Director, City Development & CBO, Report PLN 46-22 Collaboration on Whitby Green Standard Demonstration Project Memorandum of Understanding Resolution #33/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report PLN 46-22 of the Director, City Development & CBO, regarding a partnership opportunity for the Whitby Green Standard Demonstration Project, be received; 2. That Mayor and City Clerk be authorized to execute a Memorandum of Understanding between the Town of Whitby, City of Pickering, Region of Durham, Mattamy Development Corporation, and Clean Air Partnership as set out in Attachment #1 of this report, subject to the terms and conditions satisfactory to Director, City Development, Director, Corporate Services & City Solicitor and Director, Finance & Treasurer; 3. That the appropriate City staff be directed to take the necessary actions as indicated in this report; and, 4. That staff be directed to report back with a summary of the results at the conclusion of the project. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Carried 8.16 Director, City Development & CBO, Report PLN 48-22 Community Garden Policy Resolution #34/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report PLN 48-22 of the Director, City Development & CBO, regarding community gardens, be received; 2. That Council adopt the Community Garden Policy as set out in Attachment #1; and, 3. That the appropriate City staff be directed take the necessary actions to give effect hereto. Carried 9. By-laws 9.1 By-law 7972/22 Being a by-law to adopt Amendment 46 to the Official Plan for the City of Pickering (OPA 22-003/P). Due to the referral of Item 5.1, PLN 47-22, back to staff, By-law 7972/22 was not considered or enacted by Council. 9.2 By-law 7973/22 Being a by-law to require consultation with the City prior to submission of applications for official plan amendments, zoning by-law amendments, site plans, plans of subdivision and plans of condominium. Due to the referral of Item 5.1, PLN 47-22, back to staff, By-law 7973/22 was not considered or enacted by Council. 9.3 By-law 7974/22 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Due to the referral of Item 5.1, PLN 47-22, back to staff, By-law 7974/22 was not considered or enacted by Council. 9.4 By-law 7975/22 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 2023. 9.5 By-law 7976/22 Being a by-law to exempt Block 1, Plan 40M-2697, Pickering, from the part lot control provisions of the Planning Act. Resolution #35/22 Moved by Councillor Butt Seconded by Councillor Nagy That By-law Numbers 7975/22 and 7976/22 be approved. Carried 10. Confirmation By-law By-law 7977/22 Councillor Brenner, seconded by Councillor Robinson moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of December 5, 2022. Carried 11. Adjournment Moved by Councillor Butt Seconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 12:28 a.m. Dated this 6th of December, 2022. Draft Special Council Meeting Minutes December 5, 2022 Hybrid Electronic Meeting Council Chambers 6:00 pm Kevin Ashe, Mayor Susan Cassel, City Clerk