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HomeMy WebLinkAboutOctober 23, 2023 Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. 5:30 pm In Camera Council Page 1. Call to Order/Roll Call 2. Moment of Reflection Mayor Ashe will call for a silent moment of reflection. 3. Indigenous Land Acknowledgment Statement Mayor Ashe will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Council Minutes, September 25, 2023 1 (Confidential In Camera Council Minutes, September 25, 2023, provided under separate cover) Planning & Development Committee Minutes, October 3, 2023 26 6. Presentations 7. Question Period 8. Delegations Members of the public looking to provide a verbal delegation to Members of Council may do so either in person, or through a virtual connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the online delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 5 minutes shall be allotted for each delegation. Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 8.1 Jason Hunt, Board Chair, Sloane’s House (Virtual) Lorraine Sunstrum-Mann, Board Member, Sloane’s House (Virtual) Re: Progress on Bringing a Paediatric Respite and Hospice Facility to Durham Region 8.2 David Biggar, Manager of Project Development, Plus Power (Virtual – for questions if needed) Fernando De Samaniego Steta, Regional Director, Project Development, Plus Power (Virtual – for questions if needed) Ben Weisel, Director of Permitting, Plus Power (Virtual – for questions if needed) Daniel Brennan, Senior Manager, Permitting, Plus Power (Virtual – for questions if needed) Utilia Amaral, Consultant, Plus Power (Virtual – for questions if needed) Nick Petrakis, Consultant, Plus Power (Virtual – for questions if needed) Re: Report ECD 06-23 Trillium Energy Storage - Municipal Support Resolution 9. Correspondence 9.1 Corr. 30-23 31 Jeff Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Re: Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Lisa Robinson, October 13, 2023 Opening Remarks provided by: Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering (Virtual) Recommendation: Council direction required. 9.2 Corr. 31-23 57 Kevin Ashe, Mayor, City of Pickering Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Re: Proposed Cherrywood Development - City of Pickering Direct and Indirect Costs Recommendation: That Corr. 31-23, from Kevin Ashe, Mayor, City of Pickering, dated October 13, 2023, regarding Proposed Cherrywood Development - City of Pickering Direct and Indirect Costs, be received for information. 9.3 Corr. 32-23 60 The Association of Municipalities of Ontario Re: Policy Update - Toronto New Deal and Housing Affordability Task Force Responses Recommendation: That Corr. 32-23, from The Association of Municipalities of Ontario, dated September 19, 2023, regarding Policy Update - Toronto New Deal and Housing Affordability Task Force Responses, be received for information. 9.4 Corr. 33-23 62 Jamie Eckenswiller, Director of Legislative Services/Clerk, Municipality of West Grey Re: Establishing a Guaranteed Livable Income Recommendation: That Corr. 33-23, from Jamie Eckenswiller, Director of Legislative Services/Clerk, Municipality of West Grey, dated September 22, 2023, regarding Establishing a Guaranteed Livable Income, be received and endorsed. 9.5 Corr. 34-23 66 Robert Cerjanec, Executive Lead, Strategic Initiatives and External Relations, Durham District School Board David Wright, Associate Director, Corporate Services, Durham District School Board Re: Durham District School Board Enrollment Pressures and Capital Priorities Recommendation: Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca That Corr. 34-23 from Robert Cerjanec, Executive Lead, Strategic Initiatives and External Relations, Durham District School Board, and David Wright, Associate Director, Corporate Services, Durham District School Board, dated October 4, 2023, regarding Durham District School Board Enrollment Pressures and Capital Priorities, be received for information. 10. Report of the Planning & Development Committee held on October 3, 2023 The Planning and Development Committee Meeting held on October 3, 2023 adjourned due to a loss of quorum. There were no recommendations made by the Planning & Development Committee at the October 3rd Meeting. 11. New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report BYL 06-23 71 Noise Control By-law Review and Update Recommendation: 1. That this Report BYL 06-23 be received; 2. That the attached Noise Control By-law be enacted; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 11.2 Director, Corporate Services & City Solicitor, Report BYL 07-23 84 Toys for Tickets and Food for Fines Holiday Parking Fine Program Recommendation: 1. That Council authorize staff to implement the Toys for Tickets/Food for Fines program from November 27 through December 20, 2023; 2. That parking tickets issued between Monday, November 27 through Wednesday, December 20, 2023 be eligible for the Toys for Tickets/Food for Fines program; and, Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.3 Chief Administrative Officer, Report CAO 10-23 86 Approval of “Black Joy Holiday Market” for the Pickering Anti-Black Racism Taskforce (PABRT) Recommendation: 1. That Council approve the PABRT-led event per ADM 040 Committees and Taskforces of Council Policy and on 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 actions as indicated in this report. 11.4 Director, Corporate Services & City Solicitor, Report CLK 09-23 90 Special Powers and Duties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25 - Information Report and recommended updates to Procedure By-law #8019/23 Recommendation: 1. That Report CLK 09-23, regarding information pertaining to the Special Powers and Duties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25, and the recommended updates to Procedure By-law #8019/23 be received; 2. That the draft by-law, included as Attachment #1 to CLK 09-23, to amend Procedure By-law #8019/23 be approved; and, 3. That the appropriate City of Pickering Officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. 11.5 Director, Community Services, Report CS 27-23 125 Chestnut Hill Developments Recreation Complex Arena Dressing Rooms - Outreach Shower Facilities Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca - DARS Inc. Agreement Renewal Recommendation: 1. That Report CS 27-23 regarding Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities be received; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with DARS Inc., set out in Attachment 1 to this report, for use of the Chestnut Hills Development 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, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 11.6 Director, Economic Development & Strategic Projects, Report ECD 06-23 135 Trillium Energy Storage - Municipal Support Resolution Recommendation: 1. That Report ECD 06-23 regarding the proposed Battery Energy Storage System be received; 2. That Council approve a Municipal Support Resolution (Attachment 1), as required by the Independent Electricity Systems Operator, for the Trillium Energy Storage project proposed by Plus Power, LLC at 2310 Fairport Road (Property Identification Number: 26371-0948); 3. That the Mayor be authorized to sign the Prescribed Form of Municipal Support Resolution on behalf of the Corporation of the City of Pickering; and, 4. That a copy of the signed Prescribed Form of Municipal Support Resolution and Report ECD 06-23 be forwarded to Power Plus, LLC. Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 11.7 Fire Chief, Report FIR 04-23 142 Request for Proposal No. RFP2023-10 - Fire Services Master Plan and Community Risk Assessment Recommendation: 1. That Proposal No. RFP2023-10 submitted by Behr Integrated Solutions Inc. Fire Services Consultants in the amount of $116,124.00 (HST included) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $104,573.00 (net of HST rebate) as approved in the 2023 Current Budget as follows: a) The sum of $78,430.00 to be funded from the Development Charges – Fire Services Reserve Fund; b) The sum of $26,143.00 to be funded from Property Taxes; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.8 Director, Operations, Report OPS 25-23 145 Seniors & Persons with Disabilities Snow Clearing Program - RFP2023-8 Recommendation: 1. That proposal for Request for Proposal No. RFP2023-8 submitted by Gray’s Landscape & Snow Removal Inc. in the amount of $168,017.40 (excluding HST) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance Year 1 (2023) of the Seniors & Persons with Disabilities Snow Removal Program in the amount of $221,288.00 (net of HST rebate) as approved in the 2023 Current Budget as follows: a) The sum of $167,001.00 to be funded from the Casino Reserve; and, Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca b) The sum of $54,287.00 to be funded from Property Taxes; 3. That financing for 2024 to 2026 of the Proposal be provided in the annual Current Budgets, for a total amount of $1,830.406.00 (net of HST rebate); and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.9 Director, City Development & CBO, Report PLN 33-23 150 Award of Request for Proposal (RFP 2023-7) for a Retail Market Study Recommendation: 1. That Proposal number RFP 2023-7 for a Retail Market Study, for the City of Pickering, submitted by Parcel Economics Inc., in the amount of $72,750.00 (excluding HST), be accepted; 2. That the net project cost of $74,031.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $74,031.00 as follows: a) The sum of $33,314.00 to be funded by a transfer from the Development Charge Reserve Fund – Growth Related Studies; b) The sum of $40,717.00 to be funded from Property Taxes; and, 4. That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to this Report. 11.10 Director, City Development & CBO, Report PLN 36-23 154 Environmental Registry of Ontario Posting 019-7669 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act Recommendation: 1. That Council endorse the comments contained in Report PLN 36-23, and as set out in Appendix I to Report PLN 36-23, as the City Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca of Pickering Detailed Comments on the proposed changes to the definition of an “Affordable Residential Unit” in the Development Charges Act; and, 2. That staff be authorized to submit the comments in Report PLN 36-23 and Council’s resolution thereon, to the Environmental Registry of Ontario posting (ERO 019-7669) as the City of Pickering’s comments on the proposed changes to the definition of an “Affordable Residential Unit” in the Development Charges Act. 12. Motions and Notice of Motions 12.1 Street Naming for Former Pickering Councillor Donald Kitchen Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Section 02.02 (a) of Policy ADM 220, Street Naming Policy states that the procedure for reserving names not on the Reserve List to be used for public or private streets in Pickering requires all applicants to submit an application to add a street name to the Reserve List to the City Development Department which shall include the proposed name and the rationale for the name, in addition to the applicable fees as per the City’s Fees and Charges By-law; And Whereas, former Ward 2 Town Councillor Donald Kitchen, who passed away on April 18, 2023, resided in Bay Ridges and was a founding President of the Bay Ridges Eastshore Community Association, served as Ward 2 Town Councillor for 16 years, and was responsible for championing Community Centres, Kinsman Park, and Green Spaces in Pickering; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Recognizes that the late former Ward 2 Town Councillor Donald Kitchen was a resident of Pickering and exhibited significant importance to Pickering’s Heritage and meets the criteria under Policy ADM 220, Street Naming Policy; and, Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. Directs that the associated fees under Policy ADM 220, Street Naming Policy and the application to add the street name to the Reserve List be waived, in recognition of Donald Kitchen’s service to the residents of Pickering and specifically Ward 2 as a member of Pickering Town Council. 12.2 Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Moved by Councillor Nagy Seconded by Councillor Cook WHEREAS, all Ontarians deserve and expect a safe and respectful workplace; And Whereas, municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; And Whereas, several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; And Whereas, these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; And Whereas, municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; And Whereas, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Supports the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments; and, 2. That the legislation encompass the Association of Municipalities of Ontario’s recommendations for: Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca a) Updating municipal Codes of Conduct to account for workplace safety and harassment; b) Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario; c) Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province; d) Allowing municipalities to apply to a member of the judiciary to remove a sitting member, if recommended through the report of a municipal Integrity Commissioner; and, e) Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office. 3. That a copy of this resolution be forwarded to The Premier, Durham MPP’s, Minister of Municipal Affairs and Housing, Associate Minister of Women’s Social and Economic Opportunity, Association of Municipalities of Ontario, The Regional Municipality of Durham, and lower-tier Durham Municipalities. 13. By-laws 13.1 By-law 8048/23 75 Being a by-law to prohibit and regulate noise. [Refer to Item 11.1, Report BYL 06-23] 13.2 By-law 8049/23 99 Being a by-law to amend Procedure By-law 8019/23, a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of Meetings. [Refer to Item 11.4, Report CLK 09-23] 13.3 By-law 8050/23 166 Council Meeting Agenda October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Being a by-law to establish Part Block 43, Plan 40M-2089, being Part 20, Plan 40R-30118 as public highway. 14. Confidential Council – Public Report 15. Regional Councillor Updates 16. Other Business 17. Confirmatory By-law 18. Adjournment Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Present: Mayor Kevin Ashe Councillors: M. BrennerS. Butt L. Cook M. NagyL. Robinson Absent: D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -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 K. Senior -Manager, Accounting Services C. Whitaker -Manager, Sustainability & Strategic Environmental Initiatives R. Perera -Deputy Clerk M. Cain -Corporate Security Specialist J. Mariampillai -Government & Stakeholder Relations Specialist 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present, save and exceptCouncillor Pickles, and that all Members present were participating electronically inaccordance with the City’s Procedure By-law. 2.Moment of Reflection - 1 -- 1 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Mayor Ashe called for a silent moment of reflection. 3.Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4.Disclosure of Interest 4.1 Councillor Robinson declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 9.1, Corr. 28-23, City of Pickering Integrity Commissioner’s Recommendation Report, Complaints against Councillor Robinson. Councillor Robinson stated that in accordance with Section 5 of the Municipal Conflict of Interest Act, she reserved her right to take part in the discussion of the matter, however, would not take part in the vote. 5.Adoption of Minutes Resolution #262/23 Moved by Councillor Butt Seconded by Councillor Brenner Special Council – Education & Training Minutes, June 26, 2023 Council Minutes, June 26, 2023 Special Council – Education & Training Minutes, July 18, 2023 Special Council Minutes, August 3, 2023 Special Council Minutes, August 16, 2023 Executive Committee Minutes, September 5, 2023 Special Council Minutes, September 5, 2023 Planning & Development Committee Minutes, September 5, 2023 Carried 6.Presentations There were no presentations. 7.Question Period Due to the Council Chamber dome roof replacement, and the need to meet electronically,Question Period did not take place at the September 25, 2023 Council Meeting. 8.Delegations - 2 -- 2 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 8.1 Odessa Grignon, Pickering Resident Re: Concerns regarding Photography and Filming of the Public at the June Council Meeting Odessa Grignon, Pickering Resident, joined the electronic meeting to speak to concerns regarding photography and filming of the public at the June Council Meeting and advised that she was a member of the Pickering Anti-Black Racism Taskforce (PABRT). Ms. Grignon stated that she had attended the June 26, 2023 Pickering Council Meeting in support of the LGBTQ2S+ community and the Motion to rescind Councillor Robinson’s appointment to the Community Safety and Well-Being Advisory Committee. She added that while in attendance at the Meeting, she felt unsafe due to a member of the public filming the audience in the Council gallery and in the parking lot and expressed concerns regarding the use and purpose of the video footage. She advised that the City’s Procedure By-law permitted members of the public to film inside the Council Chambers if the filming was not disruptive to the meeting and questioned the definition of disruptive and the threshold for being removed from the Council Chambers. She noted that the concerns were brought to the security guard present at the June 26, 2023 Council meeting and questioned why the security guard did not feel empowered to take action on those concerns. Ms. Grignon suggested that the matter be brought forward to the Community Safety and Well-Being Advisory Committee. In concluding her delegation, Ms. Grignon advised that she had viewed the May 25, 2023 Council meeting and the terminology used by Councillor Robinson to describe Pickering Black residents was offensive. A question and answer period ensued between Members of Council and Ms. Grignon regarding: •the specific behaviour and action of the individual filming the audience that led Ms. Grignon to feel unsafe; •the correct terminology that should be used when referring to BlackPickering residents; •future planned renovations within the Council Chambers to address issuesof accessibility and security; and, •whether Ms. Grignon had spoken to the security guard regarding follow up procedures. 8.2 Floyd Heath, Pickering Resident Re: Asylum Seekers being Accommodated in Pickering Floyd Heath, Pickering Resident, withdrew their delegation and did not appear before Council. 9.Correspondence - 3 -- 3 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 9.1 Corr. 28-23 Jeff Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Re: City of Pickering Integrity Commissioner’s Recommendation Report Complaints against Councillor Robinson Janice Atwood, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering, connected to the electronic meeting to speak to the City of Pickering Integrity Commissioner’s Recommendation Report Complaints against Councillor Robinson. Ms. Atwood-Petkovski advised that pursuant to the Municipal Conflict of Interest Act, Councillor Robinson was permitted to take part in the discussion of the matter however, was not permitted to vote on the matter. She stated that in considering the recommendation report, Council’s role was to decide whether the recommended sanctions were appropriate and not to play an investigative role. Ms. Atwood-Petkovski commented on the complaint and the findings of the investigation and stated that the sanction would only apply to salary, not benefits, and should be applied to the two pay periods following the Council Meeting. A question and answer period ensued between Members of Council and Ms. Atwood-Petkovski regarding: •examples of Integrity Commissioner investigations in other municipalitieswhere similar code of conduct issues were investigated; •clarification regarding the evidence that led up to the findings of the Report; •interpretation of definitions for the terms bullying and intimidationreferenced in the Report; and, •whether there was a conflict of interest for the Integrity Commissioner to investigate Code Complaints with the City paying the Integrity Commissioner for their services. A brief discussion period ensued between Members of Council regarding: •the findings of the Report and Council’s obligation to be impartial and transparent and accept the recommendations of the IntegirtyCommissioner; and, •the use of sarcasm being equated to bullying and intimidation and concerns regarding the impartiality of the Integrity Commissioner. Having previously declared a conflict of interest, Councillor Robinson did not vote on the following item. Resolution #263/23 - 4 -- 4 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Cook Seconded by Councillor Brenner 1.That the Report of the Integrity Commissioner as contained in Corr. 28-23, pertaining to Councillor Lisa Robinson be received; and, 2.That in accordance with the Integrity Commissioner’s Reportrecommendations, the salary remuneration paid to Councillor Robinson be suspended for a period of 30 days (2 pay periods) commencing on the next scheduled pay period. Carried Unanimously on a Recorded Vote 9.2 Corr. 29-23 Andrea Horwath, Mayor, City of Hamilton Re: City of Hamilton – Request to Abandon Greenbelt Development A brief discussion period ensued between Members of Council regarding the recent Provincial announcement pertaining to halting development on the greenbelt lands. Resolution #264/23 Moved by Councillor Butt Seconded by Councillor Nagy That Corr. 29-23, from Andrea Horwath, Mayor, City of Hamilton, dated September 11, 2023, regarding City of Hamilton – Request to Abandon Greenbelt Development, be received and endorsed. Carried Unanimously on a Recorded Vote 10.Report EC 07-23 of the Executive Committee held on September 5, 2023 10.3 Director, Community Services, Report CS 25-23City of Pickering Volunteer Program Update -2022/2023 Activities Council Decision: That Report CS 25-23, regarding the City of Pickering Volunteer Program Update, be received for information. Resolution #265/23 - 5 -- 5 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt That Report EC 07-23, save and except Item 10.1, Report CLK 08-23, Item 10.2, Report CS 24-23, and Item 10.4, Report FIN 14-23, of the Executive Committee Meeting held on September 5, 2023, be adopted. Carried 10.1 Director, Corporate Services & City Solicitor, Report CLK 08-23 2024 Committee and Council Meeting Schedule A discussion and question and answer period ensued between Members of Council and staff regarding: •the use of strong mayor powers as it relates to deciding the budget leadingto a lack of accountability, representation, transparency, and risk of bias; •the 2024 Budget being presented to Members of Council and Members having an opportunity to bring forward amendments to the budget; and, •the procedural ramifications of not adopting the 2024 Committee andCouncil Meeting Schedule. Resolution #266/23 Moved by Councillor Brenner Seconded by Councillor Butt 1.That the 2024 Committee and Council Meeting Schedule appended asAttachment #1 to Report CLK 08-23 be approved; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Mayor Ashe No: Councillor Robinson 10.2 Director, Community Services, Report CS 24-23 Draft Community Festivals and Events Policy, CUL 070 Amendments to Community Festivals and Events Policy, CUL 070 - 6 -- 6 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A discussion and question and answer period ensued between Members of Council and staff regarding: •the policy providing the CAO with the authority to approve events in Esplanade Park during summer recess and during emergency andextenuating circumstances and whether Council could hold Special Councilmeetings to approve such events instead; •the number of meetings held with Council Members during the summer of 2023; and, •negative implications with providing the CAO the authority to approveevents in special circumstances as noted in the Policy and the need for a collaborative governance model as it relates to the approval of events. Resolution #267/23 Moved by Councillor Brenner Seconded by Councillor Butt 1.That Council endorse the revisions in CUL 070 Community Festivals andEvents Policy, as set out in Attachment 1 to this report, subject to minorrevisions acceptable to the Director, Community Services; and, 2.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Mayor Ashe No: Councillor Robinson 10.4 Director, Finance & Treasurer, Report FIN 14-23 Bill 23, More Homes Built Faster Act, 2022 Development Charge Revenue Loss as of July 31, 2023 A discussion period ensued between Members of Council regarding: •the negative impacts of Bill 23 to the City; •implications associated with the Province not making the City whole; and, •the need to explore opportunities to generate revenue and reduceexpenditures to make the City whole without increasing taxes for residents. Resolution #268/23 - 7 -- 7 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt That Report FIN 14-23 regarding an updated financial assessment related to Bill 23 be received for information. Carried 11.Report PD 07-23 of the Planning & Development Committee held on September 5, 2023 11.2 Director, City Development & CBO, Report PLN 30-23Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue Council Decision: 1.That Draft Plan of Subdivision Application SP-2020-02, submitted byPickering Forest Inc., to establish a residential plan of subdivision,consisting of 31 lots for detached dwellings, 2 part blocks for futuredevelopment, 1 parkland block, 1 environmental block, 2 public roads, and1 block for a road widening, as shown on Attachment #4 to Report PLN 30- 23, and the implementing conditions of approval, as set out in Appendix I,be endorsed; and, 2.That Zoning By-law Amendment Application A 10/20, submitted byPickering Forest Inc., to implement Draft Plan of Subdivision SP-2020-02, on lands municipally known as 450 Finch Avenue, beapproved, and that the draft Zoning By-law Amendment, as set out inAppendix II to Report PLN 30-23, be finalized and forwarded to Council forenactment. 11.3 Director, City Development & CBO, Report PLN 31-23 Zoning By-law Amendment Application A 09-16(R) Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Southeast corner of Finch Avenue and Altona Road (1985 and 1999 Altona Road, and 323, 327 and 331 Finch Avenue) Council Decision: - 8 -- 8 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 1.That Zoning By-law Amendment Application A 09/16(R), submitted by702153 Ontario Limited, to facilitate a residential common elementcondominium, development consisting of 48 townhouse units, on the landslocated at the southeast corner of Finch Avenue and Altona Road, be approved subject to the zoning provisions contained in Appendix I to Report PLN 31-23, and that staff be authorized to finalize and forward animplementing Zoning By-law to Council for enactment; and, 2.That Draft Plan of Subdivision Application SP-2016-01(R), submitted by 702153 Ontario Limited, to establish a development block to facilitate a common element condominium; an open space block, and two roadwidening blocks, as shown in Attachment #6 to Report PLN 31-23, and theimplementing conditions of approval, as set out in Appendix II, beendorsed. Resolution #269/23 Moved by Councillor Butt Seconded by Councillor Cook That Report PD 07-23, save and except Item 11.1, Report PLN 29-23, of the Planning & Development Committee Meeting held on September 5, 2023, be adopted. Carried 11.1 Director, City Development & CBO, Report PLN 29-23 City Initiated Official Plan Amendment 49 -Changes to the policies and regulations for Additional Dwelling Units -File: OPA 23-002/P Kyle Bentley, Director, City Development & CBO, referred to the Memorandum from the Manager, Policy & Geomatics, dated September 22, 2023, provided to Council as supplemental information, and advised that a minor housekeeping revision was made to Appendices II to IV of Report PLN 29-23. A question and answer period ensued between Members of Council and staff regarding: •concerns regarding Additional Dwelling Units (ADUs) negatively impacting the existing neighbourhood character of a community; •concerns that ADUs were benefiting developers; •ADUs disrupting the density of a neighbourhood, increasing traffic, and not addressing the need for housing affordability; •the need for further public consultation to determine the impact of ADUs toestablished communities;- 9 -- 9 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm •the official plan and zoning amendments being in response to mandatedProvincial legislation pertaining to ADUs; •implications with not adopting guidelines and approving the official plan and zoning amendments as it pertains to ADUs; •the need for a robust communication strategy to communicate theamendments to members of the public; and, •parking requirements that would be included in the by-laws. Resolution #270/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That Official Plan Amendment Application OPA 23-002/P, initiated by theCity of Pickering, to amend existing policies and introduce new policies related to additional dwelling units, as set out in Exhibit ‘A’ to Appendix I to Report PLN 29-23, be approved; 2.That the Draft By-law to adopt Amendment 49 to the Pickering Official Plan,to amend existing policies and introduce new policies to the Pickering Official Plan with regard to additional dwelling units, as set out in Appendix I to Report PLN 29-23, be enacted; 3.That Zoning By-law Amendment Application A 04/23, initiated by the City ofPickering, to implement Official Plan Amendment 49, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices ll to VII to Report PLN 29-23 be finalized and forwarded toCouncil for enactment save and except that the words “accessory building”in all Zoning By-laws included in Appendices II to VII be changed to theword “lots” as indicated in the Memorandum from the Manager, Policy & Geomatics, dated September 22, 2023 and provided to Council as supplemental meeting information; 4.That the Additional Dwelling Unit Registration By-law, as set out inAppendix VIII to Report PLN 29-23, be enacted; and, 5.That a copy of the staff report, the adopting by-law, and two copies of theadopted Amendment be forwarded to the Region of Durham. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook No: Councillor Robinson - 10 -- 10 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Councillor Nagy Mayor Ashe 12.Reports – New and Unfinished Business 12.1 Director, Finance & Treasurer, Report FIN 15-232022 Year End Audit and Financial Statements (Final) Lilian Cheung, Partner, Deloitte, joined the electronic meeting to speak to Report FIN 15-23. Ms. Cheung stated that the 2022 Year End Audit and Financial Statements were complete and added that the City had a clean audit report for 2022. Ms. Cheung advised that the final audit opinion would be issued upon Council approval. Resolution #271/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That the Report on the results of the 2022 Audit as submitted by DeloitteLLP be received for information; and, 2.That the 2022 draft Audited Consolidated Financial Statements for the City of Pickering be approved. Carried 12.2 Director, Community Services, Report CS 26-23 Draft Respectful Conduct Policy (ADM 260) -Rescind Zero Tolerance Policy (ADM 200) Marisa Carpino, Chief Administrative Officer, appeared before Council to speak to Report CS 26-23. Ms. Carpino advised that the draft Policy provided staff with tools, protection, and guidance when encountering unacceptable behaviour. A brief question and answer period ensued between Members of Council and Ms. Carpino regarding the Policy applying to all City staff and all City property including City parks and open spaces. Resolution #272/23 Moved by Councillor Brenner Seconded by Councillor Butt - 11 -- 11 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 1.That Council endorse the draft Respectful Conduct Policy (ADM 260), asset out in Attachment 1, subject to minor revisions acceptable to theDirector, Community Services and Chief Administrative Officer; 2.That Zero Tolerance Policy (ADM 200), as set out in Attachment 2, berescinded; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 12.3 Director, Finance & Treasurer, Report FIN 16-23 Write-off of Property Taxes and Vesting of Lands Related to Property Tax Sale A question and answer period ensued between Members of Council and staff regarding: •Council approval of the Report transferring the ownership of the lands to the City and clarification that the property taxes were being written off; and, •whether there was an opportunity to use the lands for a community garden. Resolution #273/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That Report FIN 16-23 of the Director, Finance & Treasurer be received; 2.That the Treasurer be authorized to prepare and register a Notice ofVesting in the name of The Corporation of the City of Pickering; 3.That taxes totaling $326,135.52 as set out in this report, of which the City’s portion is $95,136.06, to be written-off pursuant to the provisions ofSubsection 354.3 of the Municipal Act, 2001; 4.That the corresponding penalty and interest be cancelled; and, 5.That the appropriate City of Pickering officials be authorized to take thenecessary actions as indicated in this report. Carried 12.4 Director, Finance & Treasurer, Report FIN 17-23 Convenience Fee for Online Collection of Building Services Fees - 12 -- 12 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A question and answer period ensued between Members of Council and staff regarding: •whether the convenience fee was only applicable to building services; •whether pet owners would be charged a convenience fee for pet licencerenewal; •alternative payment options available to individuals who do not wish to make online payments and incur a convenience fee; •whether the convenience fee would be applicable for builders submittingbuilding applications; •whether a convenience fee was being adopted by other municipalities; and, •the convenience fee being a tool for cost recovery for the City. Resolution #274/23 Moved by Councillor Butt Seconded by Councillor Nagy 1.That Council provide authorization for the City to charge a convenience fee for online transactions for Building Services through the PickeringResidential Interface & Service Modernization (PRISM) portal; 2.That Council authorize the Director, Finance & Treasurer to set and adjust the convenience fee as required for optimal cost recovery of online for current term of Council; and, 3.That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. Carried 12.5 Director, Operations, Report OPS 23-23 Supply & Delivery of Five 1 Ton Trucks -Quotation No. Q2023-33 Resolution #275/23 Moved by Councillor Butt Seconded by Councillor Nagy 1.That Quotation No. Q2023-33 submitted by Blue Mountain Chrysler Ltd. inthe amount of $488,570.00 (HST excluded) be accepted; - 13 -- 13 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 2.That the total gross project cost of $552,084.10 (HST included) and thetotal net project cost of $497,169.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $497,169.00 as follows: a)The sum of $200,234.00 to be funded from the 5-year DC Debt asapproved in the 2023 Capital Budget be revised to the DC – OtherHighway Services Reserve Fund; b)The sum of $96,703.00 to be funded from the Vehicle ReplacementReserve as approved in the 2023 Capital Budget; c)The sum of $200,232.00 to be funded from DC – Parks & Recreation Reserve Fund as approved in the 2023 Capital Budget; and, 4.That the appropriate City of Pickering officials be authorized to take thenecessary action to give effect hereto. Carried 12.6 Director, Operations, Report OPS 24-23 Ontario Infrastructure and Lands Corporation Licence Renewal Agreement Resolution #276/23 Moved by Councillor Butt Seconded by Councillor Nagy 1.That Report OPS 24-23 regarding Ontario Infrastructure and Lands Corporation Licence Renewal Agreement be received; 2.That the Mayor and City Clerk be authorized to execute the LicenseRenewal Agreement with Ontario Infrastructure and Lands Corporation to extend the term of the licence as set out in Attachment 1 to this Report, subject to the revisions agreeable to the Director, Operations and theDirector, Corporate Services & City Solicitor; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Carried 12.7 Director, City Development & CBO, Report SUS 08-23 City of Pickering’s Blue Box Producer Responsibilities - 14 -- 14 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A brief question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding the role and responsibilities of the Region of Durham and whether there were any cost savings to the City and taxpayers. Mr. Bentley advised that staff were awaiting a response from the Region of Durham regarding the cost savings aspect. Resolution #277/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That the Mayor and City Clerk be authorized to execute the ExecutiveAttestation form with the Resource Productivity and Recovery Authority as contained in Appendix I to this report, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, Director,Finance & Treasurer, and/or Chief Administrative Officer; 2.That the Mayor and City Clerk be authorized to enter into a Producer Services Agreement with Circular Materials effective until December 2024 contained in Appendix II to this report, subject to minor revisions as may berequired by the Director, Corporate Services & City Solicitor, Director,Finance & Treasurer, and/or Chief Administrative Officer; 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report; and, 4.That appropriate City staff undertake necessary associated actions. Carried 13.Motions and Notice of Motions 13.1 Indoor Pickleball Courts Interim Solution A brief discussion and question and answer period ensued between Members of Council and staff regarding: •the need for additional Pickleball courts and the Motion providing an interim solution; and, •whether the courts could be shared for basketball or could be used asmultipurpose courts. Resolution #278/23 - 15 -- 15 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt WHEREAS, the construction of a multipurpose double Gymnasium which will include lines painted for indoor Pickleball is planned as part of the future construction of the Seaton Community Centre; And Whereas, the construction of the Seaton Community Centre is forecasted to commence in 2026; And Whereas, while Pickering is moving forward with plans to create additional outdoor Pickleball Courts it remains a challenge to meet this growing sport in suitable indoor space; And Whereas, in discussions with a representative from 1st Pickering Pickleball, demand has demonstrated an urgent need now based on membership and potential use; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs Staff, through the Office of the CAO to: 1. Explore opportunities to lease warehouse space that can be retrofitted toaccommodate the construction of Indoor Pickleball Courts; 2. Consult with the 1st Pickering Pickleball in this review; and, 3.Report back to Council for Budget consideration, no later than Q1 2024. Carried 13.2 Art Sculpture Pickering Council Chamber A discussion and question and answer period ensued between Members of Council and staff regarding: •artwork done by Pickering resident Dorsey James and the Motion intendingto incorporate an indoor art sculpture into the City Council Chambers aspart of its renovation plan; •whether the art sculpture could be donated to the City; •concerns regarding the funding expenditure and the need to allocate fundstowards addressing the need for housing shelters and food banks; and, •the renovation of the Council Chambers increasing accessibility and the positive impacts of artwork on the mental health and wellbeing ofindividuals. Resolution #279/23 - 16 -- 16 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Butt Seconded by Councillor Brenner WHEREAS, the Council Chamber which is located within the City of Pickering Civic Complex is a place of decision making based on the foundation of democracy; And Whereas, the Council Chamber is a place that should represent Pickering as a culturally diverse City with a history dating back over 200 years; And Whereas, a renovation of the Council Chamber is projected to occur sometime in 2026; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: 1.That Notwithstanding CUL 130 Public Art Policy, that staff be directed toconsult with Pickering resident and internationally renowned sculptor Dorsey James who carves images from world mythology to commission or purchase one of his pieces to be included as part of the Council Chamberrenovation and that the costs for such work not exceed $30,000.00 and befunded from the Public Art Reserve (8038); and, 2.That Council be updated no later than the end of Q2 2024. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy No: Councillor Robinson Mayor Ashe 13.3 Post Manor Art Gallery A brief discussion period ensued between Members of Council regarding the anticipated timelines for completion of the art gallery. Resolution #280/23 Moved by Councillor Brenner Seconded by Councillor Butt - 17 -- 17 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm WHEREAS, Brock and Kingston Holdings Inc. submitted applications for an Official Plan (OPA 20-008/P) and Zoning By-law Amendment (A 13/20), proposing a high density, mixed-use development on the lands municipally known as 1970 Brock Road; And Whereas, this development includes the retention of a designated heritage building, Post Manor, which is intended to be used for a non-residential use; And Whereas, on March 27, 2023, Council approved site-specific Official Plan Amendment 47 and Zoning By-law Amendment 8005/23, to facilitate the proposed development, which includes an “art gallery/studio” as a permitted use on the subject lands; And Whereas, the City of Pickering does not currently have a municipal art gallery within south Pickering; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1.Directs Staff, through the Office of the CAO, to: a.enter into discussions with Brock and Kingston Holdings Inc.regarding the potential acquisition of Post Manor by the City or leaseagreement of said property between the City and Brock and Kingston Holdings Inc.; b.consult with relevant cultural organizations as part of the FeasibilityStudy; and, c.report back to Council in Q3 2024. 2.That the Mayor be requested to consider the inclusion of funds in the 2024budget to complete a Feasibility Study that establishes the business caseof the Corporation operating a stand-alone art gallery that includes, but is not limited to the projected annual operating costs, revenues, staffing structure and operating structure. Carried Unanimously on a Recorded Vote 13.4 Regional Boulevard Maintenance A discussion period ensued between Members of Council regarding: •the City being the only lower-tier municipality in Durham to rely on the Region for regional boulevard maintenance; - 18 -- 18 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm •feedback from residents regarding the poor quality of work done on theregional boulevards; •concerns regarding the motion increasing the burden for taxpayers; and, •the intent of the Motion being to explore cost saving opportunities and toprovide consistency in quality of service pertaining to boulevardmaintenance. Resolution #281/23 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Region of Durham Works currently contracts out the maintenance of Regional boulevards in the City of Pickering; And Whereas, the City of Pickering is the only lower-tier municipality in Durham that has not entered into an agreement with The Region of Durham to provide boulevard maintenance; And Whereas, the quality of work provided by the current contractor hired by The Region of Durham has not been satisfactory and has resulted in complaints from residents due to lack of consistency with the quality of work where it abuts Pickering roads; And Whereas, The Region of Durham has entered into contracts with all other lower-tier municipalities who provide boulevard maintenance in their respective Municipalities; And Whereas, The City of Pickering Operations/Parks Staff provides excellent service maintaining public boulevards; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1.Direct the CAO to reach out to The Region of Durham to discuss awillingness of the City of Pickering to assume the boulevard maintenance on Regional Roads in Pickering on a contractual arrangement, similar to the other lower-tier municipalities in Durham; and, 2. That the CAO report back to Council in advance of the preparation of theMayor’s 2024 Current Operating Budget. Carried Unanimously on a Recorded Vote 13.5 Celebration of Gordon Lightfoot – Steeple Hill - 19 -- 19 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A discussion period ensued between Members of Council regarding: •the need to prioritize the wellbeing of Pickering residents and the need to allocate these funds towards immediate needs in the community; •the developer adjacent to the park offering to construct an art piece on theadjacent lands for no cost to the City; •balance of the public art reserve fund and how the fund was maintained; •social services being under the jurisdiction of the Region of Durham; and, •concerns regarding artwork constructed on private property being accessible to only those residing in the development. Resolution #282/23 Moved by Councillor Brenner Seconded by Councillor Nagy WHEREAS, the late Gordon Lightfoot was an icon for Canadian music; And Whereas, the Steeple Hill Community that was built in the late 1980’s has streets named after Gordon Lightfoot songs in recognition of his talent; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. That notwithstanding CUL 130 Public Art Policy, Staff be directed, throughthe Office of the CAO, to undertake a commission of public artwork to beinstalled in Ernie L. Stroud Park to celebrate the life of Gordon Lightfoot; 2. That the Mayor be requested to consider the inclusion of $60,000 (including HST) in the 2024 Budget and be funded from the Public Art Reserve(8038); 3. That as per Section 8.01 of CUL 130 Public Art Policy, the artwork becommissioned through the issuance of an Open Call; and, 4. That community consultation be undertaken for the three top-ranked PublicArt Jury selections prior to finalizing the artist selection. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt No: Councillor Robinson - 20 -- 20 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Councillor Cook Councillor Nagy Mayor Ashe 14.By-laws 14.1 By-law 8033/23 Being a By-law to adopt Amendment 49 to the Official Plan for the City of Pickering (OPA 23-002/P). 14.2 By-law 8034/23 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.3 By-law 8035/23 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.4 By-law 8036/23 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. 14.5 By-law 8037/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.6 By-law 8038/23 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.7 By-law 8039/23 Being a by-law to amend Restricted Area (Zoning) By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.8 By-law 8040/23 Being a by-law to provide for the registration of additional dwelling units in the City of Pickering. - 21 -- 21 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 14.9 By-law 8041/23 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, being Part of Lot 31, Concession 2, City of Pickering (A 10/20) (Pickering Forest Inc.). 14.10 By-law 8042/23 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors. 14.11 By-law 8043/23 Being a by-law to appoint Carl Milanes as a Municipal Law Enforcement Officer for the purpose of enforcing the by-laws of The Corporation of the City of Pickering. 14.12 By-law 8044/23 Being a by-law to establish Part Lot 24, Plan 228 and Part Block 12, Plan 40M-2017, being Parts 5 and 6, Plan 40R-31779 as public highway. 14.13 By-law 8045/23 Being a by-law to exempt Blocks 165 to 172, Plan 40M-2671, from the part lot control provisions of the Planning Act. 14.14 By-law 8046/23 Being a by-law to exempt Blocks 1 to 55, Plan 40M-2731, Pickering from the part lot control provisions of the Planning Act. Resolution #283/23 Moved by Councillor Butt Seconded by Councillor Cook That By-law Numbers 8033/23 through 8046/23 be approved, with By-laws 8034/23 through 8039/23 being approved as amended. Carried 16.Confidential Council – Public Report - 22 -- 22 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Mayor Ashe 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 8019/23 to consider personal matters pertaining to identifiable individuals, litigation or potential litigation, and receipt of advice that is subject to solicitor-client privilege. The matters were discussed in closed session as they pertain to Citizen Appointments to the Waterfront Visionary Advisory Committee and Ontario Land Tribunal appeals by 5031718 Ontario Inc., Kindwin (Brock) Development Corporation and Brock Road Duffins Forest Inc. Carried 16.1 Citizen Appointments to the Waterfront Visionary Advisory Committee Resolution #284/23 Moved by Councillor Butt Seconded by Councillor Cook That the following citizens be appointed to the Waterfront Visionary Advisory Committee for a term ending November 14, 2026, or until a successor is appointed: Kelly Stott Lynn Tidd Carried Carried 16.2 Confidential Memorandum from the Director, City Development & CBO, and Director, Corporate Services & City Solicitor Re: Appeal by 5031718 Ontario Inc. of Council’s decision to approve Zoning By-law Amendment Application A 07/22 Property Address: 1786 & 1790 Liverpool Road Applicant: Wildav International Developments Limited City File: A 07/22 OLT Case Number: OLT-23-000739 Resolution #285/23 Moved by Councillor Butt Seconded by Councillor Brenner That, regarding Zoning By-law 8023/23 by Wildav International Developments Limited, the City respond to the appeal of the by-law by 5031718 Ontario Inc., and that staff be directed to defend the decision of Council to enact the by-law at the Ontario Land Tribunal. Carried - 23 -- 23 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Carried 16.3 Confidential Memorandum from the Director, City Development & CBO, and Director, Corporate Services & City Solicitor Re: Appeals by Kindwin (Brock) Development Corporation and Brock Road Duffins Forest Inc. of Council’s decision to approve Zoning By- law Amendment Application A 03/16 Property Address: 2065 & 2071 Brock Road Applicant: Pickering Islamic Centre City File: A 03/16 OLT Case Number: OLT-23-000740 Resolution #286/23 Moved by Councillor Butt Seconded by Councillor Brenner That, regarding Zoning By-law 8024/23 for the Pickering Islamic Centre, the City respond to the appeals submitted by Kindwin (Brock) Development Corporation and Brock Road Duffins Forest Inc., and that staff be directed to retain such external legal, planning and other consulting resources, as are required, to defend the decision of Council at the Ontario Land Tribunal. Carried 16.Regional Councillor Updates There were no updates from Regional Councillors. 17.Other Business 17.1 Councillor Brenner gave Notice of a Motion pertaining to waiving application feesfor adding street names to the reserve list for the family of former Ward 2 City Councillor, Don Kitchen. 17.2 Councillor Nagy gave Notice of a Motion for the endorsement of the Association of Municipalities of Ontario (AMO) request for Bill 5. 18.Confirmatory By-law By-law Number 8047/23 Councillor Cook, seconded by Councillor Nagy moved for leave to introduce a By-law ofthe City of Pickering to confirm the proceedings of September 25, 2023. Carried - 24 -- 24 - Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 19.Adjournment Moved by Councillor Butt Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 10:15 p.m. Dated this 25th of September, 2023. Kevin Ashe, Mayor Susan Cassel, City Clerk - 25 -- 25 - Planning & Development Committee Meeting Minutes October 3, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Nagy 1 Present: Councillors: M. Brenner L. Cook M. Nagy L. Robinson Absent: Mayor Kevin Ashe S. Butt D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Cassel -City Clerk C. Rose -Chief Planner N. Surti -Division Head, Development Review & Urban Design D. Jacobs -Manager, Policy & Geomatics C. Whitaker -Manager, Sustainability & Strategic Environmental Initiatives R. Perera -Deputy Clerk C. Celebre -Principal Planner, Strategic Initiatives A. Dunn -Principal Planner, Development Review I. Chowdhury -Planner II 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present, save and except MayorAshe, Councillor Pickles, and Councillor Butt, and that all Members present wereparticipating electronically in accordance with the City’s Procedure By-law. 2.Disclosure of Interest No disclosures of interest were noted. 3.Statutory Public Meetings - 26 -- 26 - Planning & Development Committee Meeting Minutes October 3, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Nagy 2 Councillor Nagy, Chair, gave an overview of the requirements for a Statutory Public Meeting under the Planning Act. She outlined the order of matters under the Statutory Public Meeting section, as well as the notification process procedures and 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. Information Reports 3.1 Information Report No. 11-23 Official Plan Amendment OPA 23-003/P Zoning By-law Amendment Application A 09/23 Sphere Developments (Kingston) GP Inc. Part of Lots 26 and 27, Broken Front Concession (875 Kingston Road) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Amanda Dunn, Principal Planner, Development Review, joined the electronic meeting to speak to Official Plan Amendment OPA 23-003/P and Zoning By-law Amendment Application A 09/23. Through the aid of a PowerPoint presentation, Ms. Dunn outlined the subject lands and stated that the purpose of the application was to permit a mixed-use high-density residential condominium development. She provided details of the development proposal, planning policy framework, planning & design comments, and next steps in the application process. Rachelle Larocque, Senior Associate, The Biglieri Group Ltd., joined the electronic meeting to speak to Official Plan Amendment OPA 23-003/P and Zoning By-law Amendment Application A 09/23. Through the aid of a PDF presentation, Ms. Larocque provided an overview of the proposed development including details of the subject site, planning policy context, and the requested zoning and official plan amendments. There were no delegations from the public. A question and answer period ensued between Members of Committee, staff, and Ms. Larocque regarding: •clarification that the applicant was requesting a reduction to the permittedcommercial space on the subject lands; - 27 -- 27 - Planning & Development Committee Meeting Minutes October 3, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Nagy 3 •whether the applicant was open to including affordable housing units withinthe proposed residential development; •the City’s position on affordability in terms of intensification within Pickering; •ensuring that there was sidewalk connectivity to the proposeddevelopment; •agency comments received from Durham Regional Police Services(DRPS) and whether City staff would be communicating with the DRPS onresource capacity as it relates to the proposed development; •ensuring that the school boards were able to accommodate the educational needs of the proposed development; •the discontinuation of the Pickering News Advertiser and thecommunication strategy what would be utilized to provide information to thepublic regarding the proposed development; •concerns regarding the reduction to commercial spacing and the maximumcommercial space that could be accommodated on the subject lands; •accessibility design elements that would be incorporated within the proposed development; •clarification regarding the number of stories of the proposed residentialtowers; and, •amenity components that would be included in the proposed development. 3.2 Information Report No. 12-23 Request for Red-Line Revision of Draft Plan of Subdivision Application SP-2008-12 (R) Zoning By-law Amendment Application A 07/23 Taccgate Developments Inc. Part of Lots 23, 24 and 25, Concession 5 Seaton Community A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Cristina Celebre, Principal Planner, Strategic Initiatives, joined the electronic meeting to speak to Zoning By-law Amendment Application A 07/23. Through the aid of a PowerPoint presentation, Ms. Celebre outlined the subject lands and stated that the purpose of the application was to request a red-line revision of Draft Plans of Subdivision and a Zoning By-law Amendment, submitted by Taccgate Development Inc, to permit the implementation of a draft plan of subdivision. She provided details of the development proposal, planning policy framework, planning & design comments, and next steps in the application process. - 28 -- 28 - Planning & Development Committee Meeting Minutes October 3, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Nagy 4 Connor Rudka, Junior Planner, Korsiak Urban Planning, Duncan Webster, Senior Development Manager, TACC Developments, Vince Figliomeni, Development Coordinator, TACC Developments, joined the electronic meeting and stated that they were available for questions from the Committee. There were no delegations from the public. A question and answer period ensued between Members of Committee, staff, Mr. Rudka, Mr. Webster, and Mr. Figliomeni regarding: •how the proposed development would incorporate affordable housing; •whether any of the proposed housing units within the development wouldqualify for federal grant programs on affordability for first time home buyers; •City resources that were currently in place to address the affordabilityneeds in Pickering; •the design of the proposed commercial component; and, •the timelines for the commercial components to be constructed. 3.3 Information Report No. 13-23 Draft Plan of Subdivision Application SP-2023-03 Zoning By-law Amendment Application A 11/23 Caplink Limited (Phase 2) (575, 625 and 685 Highway 7) Seaton Community A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Cristina Celebre, Principal Planner, Strategic Initiatives, joined the electronic meeting to speak to Zoning By-law Amendment Application A 11/23. Through the aid of a PowerPoint presentation, Ms. Celebre outlined the subject lands and stated that the purpose of the application was to facilitate the development of the second phase of a food manufacturing facility campus. She provided details of the development proposal, planning policy framework, planning & design comments, and next steps in the application process. Mike Pettigrew, Senior Associate, The Biglieri Group Ltd., joined the electronic meeting to speak to Zoning By-law Amendment Application A 11/23. - 29 -- 29 - Planning & Development Committee Meeting Minutes October 3, 2023 Electronic Meeting – 7:00 pm Chair: Councillor Nagy 5 Councillor Robinson left the electronic meeting due to technical connection issues. The Committee recessed at 8:22 p.m. and efforts were made to reconnect Councillor Robinson to the Meeting. At 9:00 p.m., Chair Nagy advised that Councillor Robinson could not reconnect to the Meeting and therefore, the Meeting was adjourned due to the loss of quorum. She stated that the remaining agenda items would be considered at a future Meeting. The meeting adjourned at 9:00 p.m. - 30 -- 30 - Principles Integrity 1 Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Lisa Robinson October 13, 2023 Introductory Comments [1]Principles Integrity was appointed the Integrity Commissioner for the City of Pickering on November 15, 2022. We are also privileged to serve as Integrity Commissioner for a number of other Ontario municipalities. The operating philosophy which guides us in our work with all of our client municipalities is this: The perception that a community’s elected representatives are operating with integrity is the glue which sustains local democracy. We live in a time when citizens are skeptical of their elected representatives at all levels. The overarching objective in appointing an integrity commissioner is to ensure the existence of robust and effective policies, procedures, and mechanisms that enhance the citizen’s perception that their Council (and local boards) meet established ethical standards and where they do not, there exists a review mechanism that serves the public interest. [2] The City has as part of its ethical framework a Code of Conduct which is the policy touchstone underlying the assessments conducted in this report. It represents the standard of conduct against which all members of Council are to be measured when there is an allegation of breach of the ethical responsibilities established under the Code of Conduct. The review mechanism contemplated by the Code, one which is required in all Ontario municipalities, is an inquiry/complaints process administered by an integrity commissioner. [3]Integrity commissioners carry out a range of functions for municipalities (and their local boards). They assist in the development of the ethical framework, for example by suggesting content or commentary for codes of conduct. They conduct education and training for members of council and outreach for members of the community. One of the most important functions is the provision of advice and guidance to members to help sort out ethical grey areas or to confirm activities that support compliance. And finally, but not principally, they investigate allegations that a person has fallen short of compliance with the municipality’s ethical framework and where appropriate they submit public reports on their findings, and make recommendations, including recommending sanctions, that council for the municipality may consider imposing in giving consideration to that report. Corr. 30-23 - 31 -- 31 - Principles Integrity 2 [4] It is important that this broad range of functions be mentioned at the outset of this investigation report. Our goal, as stated in our operating philosophy, is to help members of the community, indeed the broader municipal sector and the public, to appreciate that elected and appointed representatives generally carry out their functions with integrity. In cases where they do not, there is a proper process in place to fairly assess the facts and, if necessary, recommend appropriate sanctions. In every case, including this one, the highest objective is to make recommendations that serve the public interest, if there are recommendations to be made. [5] Our role differs from other ‘adjudicators’ whose responsibilities generally focus, to state it colloquially, on making findings of fact and fault. While that is a necessary component when allegations are made, it is not the only component. [6] Our operating philosophy dictates the format of this report. The tenets of procedural fairness require us to provide reasons for our conclusions and recommendations, and we have done that. Procedural fairness also requires us to conduct a process where parties can participate in the review and resolution of a complaint. [7] In this regard, we have assessed the information fairly, in an independent and neutral manner, and have provided an opportunity to the respondent named in this Report to respond to the allegations, and because findings were made, to review and provide comment on the preliminary findings. The Complaints [8] This Report responds to complaints we received from Councillors Brenner, Cook, and Nagy, and Durham District School Board Trustee Cunningham, as well as other members of the community, between May 19-23, 2023 against Councillor Robinson in regard to her conduct on May 15, 2023 on the steps of the Durham District School Board office. [9] The particulars of the complaints can be summarized as follows: Monday, May 15, 2023 Councillor Lisa Robinson attended a Durham District School Board meeting and, using a bullhorn microphone, addressed the crowd gathered outside to protest, and announced and read aloud the text of several motions (technically ‘Notices of Motions’) she intended to bring to Pickering Council the following week which would have the effect of: • restricting and removing the City’s support for drag queen story time, flying of Pride and Trans flags at City premises, and any related LGTBQ+ related events and activities; and - 32 -- 32 - Principles Integrity 3 • removing the universal washrooms and changes rooms from City facilities, specifically the Chestnut Hills Recreation Centre; [10] Despite knowing that her motions were perceived by Council colleagues as homophobic and that there was no seconder, she read her motions aloud, then invited the crowd, which included non-residents of Pickering, to attend the City of Pickering Council meeting. [11] The complainants assert that the Councillor’s conduct and behaviour deliberately and intentionally invited a protest at Pickering Council chambers and promoted homophobia and transphobia in pursuit of an agenda which is contrary to the Canadian Human Rights Code, the Ontario Human Rights Code, and in contravention of Pickering Council’s Code of Conduct. [12] During the course of our investigation, it was alleged that Councillor Robinson engaged in reprisals against Pickering Councillors who had complained against her. She also filed a series of counter-complaints. The counter-complaints were recently dismissed by us with reasons for so doing provided to the Councillor, and the respondents. Allegation of Bias [13] In the course of investigating this complaint, it had been suggested by Councillor Robinson that Principles Integrity, or one or other of its principals, are biased in regard to her, and therefore cannot impartially and independently conduct an investigation into the complaints against her. [14] The Councillor claims that this bias was exhibited during our interactions and communication with her both in person and online (virtually, by Zoom) and that we displayed a predisposition towards the complainant(s) and disregarded her version of events. [15] Although we do not record our Zoom meetings, we take notes. We have no recollection, nor do our notes disclose, any issue raised by the Councillor at that time. An investigator is entitled to ask probing questions, and it may be in that respect that the Councillor believes she perceived some predisposition on our part. [16] On the basis of that allegation and given her attempt to remove us as Integrity Commissioner, it is important as a question of procedural fairness that we address the issue of whether we were prevented from conducting this inquiry on the basis of bias. [17] The independence and impartiality of an administrative fact-finding agency or tribunal is fundamental to the proper application of procedural fairness in an investigation. The question becomes whether there is a reasonable apprehension - 33 -- 33 - Principles Integrity 4 of bias. Though an integrity commissioner has broader functions than an agency or tribunal, the principle does apply to our work. [18] The test, which is an objective one, is whether a reasonable person informed of the facts, viewing the matter realistically and practically and having thought the matter through, would conclude that the ‘tribunal members’ were not institutionally independent and impartial or that they were institutionally or individually biased in the conduct of the matter. [19] In this case, we, the persons conducting the investigation, would be considered the ‘tribunal members’ [20] In one of the leading cases on bias of administrative tribunals and agencies, the panel of the Federal Court of Appeal1 stated at paragraph 37: [37] It is now recognized that the constitutional or common law rules of independence and impartiality applicable to the courts do not apply with the same stringency to administrative tribunals….[quoting from a Supreme Court of Canada decision] “an informed person’s assessment will always depend on the circumstances. The nature of the dispute to be decided, the other duties of the administrative agency and the operational context as a whole will of course affect the assessment. In a criminal trial, the smallest detail capable of casting doubt on the judge’s impartiality will be cause for alarm, whereas greater flexibility must be shown toward administrative tribunals.” [21] In that matter, the three members of the panel who had been appointed by the Canadian Human Rights Commission to inquire into a complaint had not been appointed to a newly established tribunal. Their appointments were therefore not being extended. The continuation of the hearing before them would result in their remuneration on a per diem basis for the duration of the matter. [22] The complainant alleged that the tribunal members were not independent or impartial, given that their appointments had not been extended and their per diem remuneration was to be impacted by the continuation of the hearing. [23] In finding no reasonable apprehension of bias, the Court stated: [38] The appellant, in my view, in what I can only term either a desperate move or a wasted effort (un coup d’épée dans l’eau), argues that there is a reasonable apprehension of bias resulting from the fact that the three members, being paid on a per diem basis, might protract and prolong the hearing of the complaint in order to extract more money from the government. … Again, a reasonable person well informed of all the facts surrounding these proceedings and the allegations made by the appellant could not and would not 1 Northwest Territories v Public Service Alliance of Canada 2001 FCA 162 (CanLII) - 34 -- 34 - Principles Integrity 5 conclude that the members would be, for that reason, institutionally or individually biased in the conduct of their hearing. … More than fanciful speculation is required to create in the mind of a well- informed and reasonable person a reasonable apprehension of bias. As Cory J. said in R. v. S. (R.D.), 1997 CanLII 324 (SCC), [1997] 3 S.C.R. 484, at paragraph 112, the threshold for a finding of real or perceived bias is high and mere suspicion is not enough: a real likelihood of probability of bias must be demonstrated. [24] In a similar allegation of bias raised by a respondent against the investigating Integrity Commissioner, in the City of Ottawa case involving Councillor Chiarelli2, the Court stated: [73] … The structure for establishing a position of “Integrity Commissioner” has been designed by the Province to create that office as independent. The Legislature has designed the structure, and no inference can be drawn that, due to that structure, the independence and neutrality of the Commissioner is “tainted” because the Mayor or members of Council may have indicated their views. (a) The Legal Test for Bias and Reasonable Apprehension of Bias [74] The Commissioner’s role is investigative, not adjudicative. … [75] The test to show bias or a reasonable apprehension of bias on the part of an adjudicator is a high one: "Bias" refers to anything that may reasonably lead the adjudicator to decide the case on some basis other than the evidence before the tribunal and the law. "Apprehended bias" refers to anything that may lead the informed and reasonable observer to form a reasonable apprehension that the adjudicator might decide the case on some basis other than the evidence and the law.3 There is a “strong presumption” of impartiality; “the threshold for a successful allegation of apprehended bias is high”. [76] The test for showing bias or a reasonable apprehension of bias on the part of someone performing an investigative or administrative function is even higher than it is for someone performing an adjudicative function: The standard of conduct which is applicable to those performing an adjudicative function is different from those performing a purely administrative or investigative function. In the case of an administrative or investigative function, the standard is not whether there is a reasonable apprehension of bias on the part of 2 Chiarelli v. Ottawa (City of), 2021 ONSC 8256, para.75 3 Kivisto v. Law Society of Ontario, 2021 ONSC 6394 (Div. Ct.), para. 5, citing R. v. Musselman (2004), 25 (CR) (6th) 295 (Ont. SCJ), para. 20. - 35 -- 35 - Principles Integrity 6 the investigator, but rather whether the investigator maintained an open mind, that is whether the investigator has not predetermined the issue. [118] …we find that the Commissioner showed professionalism, courtesy, patience and restraint in his dealings with Councillor Chiarelli and his counsel. [119] …We see no basis, whatsoever, for the allegation that the Commissioner proceeded with a closed mind, that his investigation was predetermined, or that ethe Commissioner discharged his duties in a manner that could give rise to a reasonable apprehension of bias. [25] In our view, based on the jurisprudence, we are confident in our ability to maintain an independent and impartial perspective in the investigation of the complaints against Councillor Robinson. [26] To conclude otherwise would be, in effect, to enable respondents to choose who can investigate them merely by criticizing the investigator, or in this case seeking to remove them from office. [27] Quite simply the test is whether an Integrity Commissioner is able to review the matter without bias. We have taken the Councillor’s concerns into account, and have given them due consideration. Neither our perspective nor judgment has been clouded by the Councillor’s assertions and actions. Process Followed for this Investigation [28] As such, we have proceeded to conduct this investigation with rigour and all due diligence, applying the tenets of procedural fairness, guided by the complaint process set out under the Code of Conduct. In that respect our process consisted of: • Reviewing the complaints to determine whether they were within scope and jurisdiction and in the public interest to pursue, including giving consideration to whether the complaints should be restated or narrowed, where this better reflects the public interest • Notifying the Respondent, and providing her with the opportunity to respond in full to the allegations • In addition to receiving her written submissions, meeting with the Respondent in person to hear and discuss her detailed explanations and views; - 36 -- 36 - Principles Integrity 7 • Reviewing the Code of Conduct and other relevant documentation and interviewing relevant witnesses as necessary • Providing the Respondent with the opportunity to review and provide comments to the Integrity Commissioner’s Preliminary Findings Report, and taking those comments into consideration prior to finalizing and submitting this Recommendation Report. Background and Context: [29] On May 15, 2023, the Councillor attended a meeting at the Durham District School Board (the DDSB) at which a large crowd was in attendance, due to questions anticipated to be raised by the public during question period relating to raising the Pride flag. [30] The Councillor’s son, although registered to start high school within the DDSB in the coming fall, was at the time attending Catholic school, and not a student in the DDSB. [31] At the meeting, the Councillor was handing out a business card to others in attendance. [32] There was a large and occasionally unruly crowd at that board meeting, and the Chair found it necessary to recess the meeting more than once, ultimately resorting to clearing the gallery in order to enable the board meeting to continue without interruption. It is the first time in memory that the DDSB has had to recess a meeting and clear the gallery. [33] When the gallery was cleared, a large crowd gathered outside of the board offices. [34] Councillor Robinson took the opportunity to address the crowd using a bullhorn microphone, introducing herself as a City of Pickering Councillor, and announcing that she would introduce motions at the upcoming City Council meeting which she proceeded to read aloud. [35] She announced that, without a seconder, she would be unable to introduce the motions, and urged the crowd to lobby their member of Council to support her motions. [36] The DDSB office is located within the Town of Whitby. [37] At one point, she was asked whether it needed to be someone from Pickering to second the motions, so the Councillor clarified that, yes, it needed to be a Member of Pickering Council. - 37 -- 37 - Principles Integrity 8 [38] She encouraged the crowd to lobby politicians at all levels and especially Pickering Councillors, and to attend en masse at the upcoming Pickering City Council. [39] The Notices of Motions, which are attached as Appendices to this Report, can be paraphrased as follows: Drag Shows and Pride Parades Drag shows and Pride Parades are properly considered ‘adult live performances’, from which children must be protected, so the City should ban drag shows and pride parades anywhere children could be present. Non-Government Flag Raising Non-government flags – which are often raised in support of community organizations or marginalized groups – favour one group over another, breaching a ‘duty of neutrality’, so the City should restrict flags raised in public spaces to federal, provincial and municipal flags, however the Poppy flag and the Veterans flag should be allowed. Chestnut Hill Recreation Complex universal changeroom Policy The Chestnut Hill universal changerooms leave unaccompanied children vulnerable to predators, and only members are entitled to use the gender- specific (male-only and female-only) changerooms. So the City should change the policy to allow non-members to use the gender-specific changerooms. Relevant Policies: [40] Some of the relevant provisions of the Council Code of Conduct are set out below: Policy Objective: 2. Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders of the community and are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent, professional, and respectful manner. 3. All Members of the Council of the City of Pickering are committed to protecting and promoting the well-being and best interests of the citizens of the City with the highest standards of integrity and ethical conduct. This Code is an affirmation of this commitment. It recognizes and is based on the following key statements of principle: - 38 -- 38 - Principles Integrity 9 a) Members are committed to performing their duties of office, and arranging private affairs, in a manner that promotes public confidence in the integrity of Member and respect for Council as a whole. b) Members are committed to acting and being seen to act with integrity and impartiality that will bear the closest scrutiny. c) Members are committed to serving their constituents in a conscientious and diligent manner. d) Members are committed to working with City officials and staff in a conscientious and respectful manner. … 02.02 This Code of Conduct operates along with, and as a supplement to, the existing statutes governing the conduct of Members. The following Acts of Provincial legislation govern the conduct of Members of Council: a) The Municipal Act, 2001; b) The Municipal Conflict of Interest Act, 1990; c) The Municipal Elections Act, 1996; d) The Municipal Freedom of Information and Protection of Privacy Act, 1990; e) The Occupational Health and Safety Act, 1990; and f) The Human Rights Code, 1990. 05 Interaction with the Public, Other Members, and Council/Staff Relations 05.01 Members have a duty to treat members of the public, one another, and staff, with respect and dignity and without abuse, bullying, or intimidation. 17 Reprisals 17.01 No Member shall seek any reprisal or threaten any reprisal, against a complainant or any other person for providing relevant information to the Integrity Commissioner in the course of an inquiry pursuant to a complaint. [41] Relevant provisions of the Ontario Human Rights Code are set out below: Services 1 Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. [emphasis added] Employment 5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender - 39 -- 39 - Principles Integrity 10 expression, age, record of offences, marital status, family status or disability. [emphasis added] Infringement prohibited 9 No person shall infringe or do, directly or indirectly, anything that infringes a right under this Part. Definitions re: Parts I and II 10 (1) In Part I and in this Part, “harassment” means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome; Constructive discrimination 11 (1) A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where, (a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or (b) it is declared in this Act, other than in section 17, that to discriminate because of such ground is not an infringement of a right. Analysis and Findings: [42] The Councillor denies that her conduct in speaking to the crowd of protesters at the DDSB offices on May 15, 2023 was trying to motivate the crowd to attend Council Chambers in protest. [43] She also denies that her motions, or her manner of presenting them, were homophobic or transphobic. Flag Raising [44] Municipalities, along with many other local government bodies, have supported flag raising in support of community organizations and to draw public attention or special recognition to overlooked or marginalized groups in the community. - 40 -- 40 - Principles Integrity 11 [45] The existing City of Pickering Flag Raising procedure, which has been in place since 2005, establishes eligibility for requests that the City will consider. [46] Typical examples of such flags include “Let’s Talk” (mental health awareness), Dig Safe, Downs Syndrome, MS, BGC (Boys and Girls Club of Canada), and Pride. [47] For almost three decades Pride Flags have been a regular feature on municipal flag poles in Ontario during June, which is Pride Month. [48] Raising the Pride Flag has become emblematic of acceptance of sexual/identity diversity in the community and a symbol that those citizens who have often experienced marginalization should enjoy the fullest inclusion within their community, in every aspect of their lives. [49] The concept of equity, embodied in policies which support diversity, equity and inclusion, recognizes that treating everybody exactly the same does not support equity. [50] Ignoring the challenges confronted by marginalized groups does not advance the pursuit of equity. [51] Failing to ensure equity to those recognized under the Ontario Human Rights Code as members of a protected class can reflect discrimination. [52] It has been observed that, for the privileged, equity may feel like losing ground, whereas to the marginalized, it simply provides a modicum of recognition. [53] Councillor Robinson has reasoned that the concept of ‘duty of state neutrality’ is the foundation for her motion to expunge flag raisings generally. [54] The Supreme Court has determined that the ‘duty of state neutrality’ prevents a municipal council from favouring one religion over another; in a leading case in 2015, a council which opened its meetings with a recitation of the Lord’s Prayer was found to be in breach of the Charter.4 [55] While ‘duty of state neutrality’ is offered as an explanation, the concept is in fact irrelevant to a municipality’s decision to offer flag raising opportunities to community organizations and other groups. Provided no such group, which might otherwise meet the criteria established by Council, is refused a flag raising on the basis of a prohibited grounds, the ‘duty’ would not be compromised. 4 Mouvement laïque québécois v Saguenay (Saguenay) 2015 SCC 16, 382 DLR (4th) 385. In considering the state’s duty of neutrality, the Supreme Court ruled that the duty of neutrality requires the state to abstain from favouring one religious view over another. In this case, the Saguenay municipal council breached its duty of neutrality because the mayor was reciting a religious prayer at the beginning of meetings that favoured one faith over another. - 41 -- 41 - Principles Integrity 12 [56] It would be fair to expect that the Councillor, who professes an understanding of legal principles on the basis of her occupation as a professional paralegal, to understand this nuance. [57] Her position that allowing flag raisings ‘creates a hierarchy’ where some might believe that the group whose flag is raised is receiving preferential treatment to others rings hollow. [58] Her explanation is a disingenuous attempt to cloak the elimination of the Pride Flag raising in a legal-sounding argument. [59] The timing of her motion, which would have eliminated the Pride Flag raising in the days leading up to Pride month, cannot be considered mere coincidence. [60] Targeting a change in City policy to take away from the LGBTQ+ community the opportunity to call attention to their lived experience as a marginalized group through a municipal flag raising contravenes the spirit of the Ontario Human Rights Code. [61] If one considers a municipal flag raising opportunity as a ‘service’ then removal of that service in a manner which appears to target the LGBTQ+ community, a protected class under s.1 of the Ontario Human Rights Code, would breach that Code. Drag Queen Storytime [62] In her motion, the Councillor recites her definition of a ‘drag show’ as a ‘form of adult entertainment…’ and from that, put forward the proposition that ‘both drag shows and pride parades are adult live performances’, and that no such event should be permitted anywhere that a child under the age of 19 years is present. [63] Effectively, the motion would outlaw drag queen story time at libraries, and ban pride parades from occurring. [64] It is interesting that the Councillor frames the issue in terms of ‘drag shows’ as adult entertainment, never once using the term ‘drag queen’ in the motion, but referring (while on the steps of the DDSB offices) to the motion as the ‘drag queen’ motion. [65] Contrary to the Councillor’s assertions, drag queen story time events are not ‘drag shows’, nor are they ‘adult entertainment’ as generally understood. [66] Drag queen story time consists of a person, dressed up as a woman (often with very fancy clothing and overdone makeup), reading to children at a library. It is qualitatively not any different from other entertainers who dress up for the - 42 -- 42 - Principles Integrity 13 entertainment of children – clowns, fairy princesses and animation characters in costume. [67] The significant difference being, perhaps, that drag queens are generally men dressed as women. It should be noted that entertainers have often included men dressed for parts as women – Shakespeare, Kabuki Theatre, Mrs. Doubtfire, and Tootsie being but a handful of examples. [68] The Councillor insisted to us that drag queen story time always includes a lot of gyrating and shaking, which she was at pains to demonstrate to us during our in- person interview with her. However, when we asked whether she had ever attended a drag queen story time herself or witnessed this behaviour at such an event, she confirmed she had not. [69] She conceded that she had never been to see a drag queen story time, but drew on her experience having attended drag shows in the past. [70] We have no doubt there is plenty of gyrating and shaking at a drag show in an adult entertainment venue or bar. [71] The drag shows which the Councillor has attended might have been considered adult entertainment. Drag queen story time is not. [72] Drag queen story time typically features readings from children’s books which focus on inclusivity and diversity. The goal is to create a space that welcomes and celebrates children for who they are.5 [73] No gyrating or other physical action occurs, beyond turning the pages of the book. Occasionally children, along with their parents and caregivers may be encouraged to dance and sing along with the reading. Such is the nature of children’s reading events. [74] Those who take exception to a drag queen reading stories to children at the library are free not to attend with their children, and are at liberty to take their children and leave. [75] The Councillor’s motion, targeting as it did a change in City policy which would prevent drag queens from reading stories to children at the library, appears aimed at ‘protecting’ children from engaging with drag queens. 5 “Regardless of who walks through those doors, the goal is to create a space that welcomes and celebrates (children) for who they are, whatever expression that is. The families that bring their children to these events – they are sometimes queer families, sometimes not, Sometimes the children already identify as queer or trans. What’s most important is fostering a sense of safety for children…There is not one single recorded incident of a drag queen going into a library or a public school and performing indecently. Not one.” Toronto Star June 11, 2023: Raising hope in a time of hatred. - 43 -- 43 - Principles Integrity 14 [76] This ‘protection’ is, in our view, unwarranted and appears to promote a view that children need protection from drag queens. It supports the narrative, currently circulating in some quarters, that drag queens story time events are ‘grooming’ young people. [77] The ‘grooming’ narrative is particularly harmful as it is unfounded, yet attempts to isolate trans and non-trans individuals from an otherwise benign activity. [78] Whereas drag queen story time attempts to build understanding, tolerance and acceptance, the motion is designed to construct barriers and create distance and separation between the community and some of its most marginalized groups of citizens. [79] Moreover, a motion targeting the prohibition of drag queens from engaging in library story time events, for which engagement they are paid, would appear to infringe the provisions of s.5 and 11 of the Ontario Human Rights Code: 5. Every person has a right to equal treatment with respect to employment without discrimination because of … sex, sexual orientation, gender identity, gender expression … 11. A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member… [80] We also observe that the timing of the Councillor’s Notices of Motions, in light of the proximity to the drag queen story time event scheduled at the Pickering Public Library on June 3, 2023, and in light of planned Pride events (flag raising and the parade), cannot be considered merely coincidental. [81] In our view, neither of the motions would be defensible in the face of challenges to the Ontario Human Rights Commission. Inciting Homophobia and Transphobia [82] The Councillor’s attendance at the DDSB meeting on May 15, 2023 – even though her son had not yet entered the system – might be understandable given that she had registered him to start in the public school system this fall. [83] However, the Councillor had already attended two board meetings in the previous months at which issues touching on gender identity issues had been raised by members of the public during question period. - 44 -- 44 - Principles Integrity 15 [84] At these meetings, some speakers made derogatory comments, supported by hecklers in the gallery calling staff pedophiles and ‘groomers’. [85] At times, the board Chair had to caution speakers and the gallery to allow the meeting to proceed without interruption. [86] At the meeting of May 15, 2023, Councillor Robinson sat with individuals who had been outspoken and disruptive at the previous meetings, and whose views reflected intolerance towards the board’s inclusive approach supporting diverse gender identity. [87] It cannot be a coincidence that she just happened to have the Notices of Motions at hand when she took the bullhorn microphone in hand to address the crowd on the Board office steps. [88] As well, she was observed within the building handing out her business card. Whether it was her real estate business card, her paralegal business card or her City Councillor card, handing out business cards at a school board meeting suggests she was exploiting the meeting as an opportunity to garner support. [89] It is apparent that her attendance was focused on capitalizing on the fact that the crowd had gathered at the DDSB meeting to oppose the school board’s attempts to respond to the need for greater diversity, equity and inclusion. Her purpose was principally to recruit their support in applying political pressure on her Council colleagues, when she knew none would second her motions. [90] It is also apparent to us, reviewing the video recording of her speech on the board office steps, that she was inviting the Whitby crowd to attend Pickering Council Chambers the following week. [91] It is fair to interpret her statements, and mischaracterization of drag queen story time as adult entertainment, as intentionally fueling negative reaction, intolerance and fear directed at those within the marginalized LGBTQ+ community. [92] Homophobia can be defined as a range of negative attitudes and feelings, including contempt, prejudice, aversion, hatred, or antipathy towards homosexuality or people who identify as LGBTQ+, and may be based on irrational fear. [93] The Preamble to the Drag Show and Pride Parades motion reads as follows: WHEREAS: a drag show is a form of adult entertainment performed by drag artists impersonating men or women, typically in a bar or nightclub reserved for patrons aged 19 years of age and older - 45 -- 45 - Principles Integrity 16 And Whereas, pride parades (also known as pride march, pride event, or pride festival) is an outdoor event celebrating lesbian, gay, bisexual, transgender, and queer (LGBTQ) .... And Whereas, both drag shows and pride parades are adult live performances And Whereas, children of all ages are being exposed to these adult live performances And Whereas, to protect children and their childhood innocence from live adult performances … [94] As noted earlier, the Councillor frames the issue in terms of ‘drag shows’ even though the motion clearly targets drag queen story time along with pride parades, and mis-characterizes them as ‘adult entertainment’. [95] In our view, the Councillors Drag Show and Parade Parades motion, particularly its preamble which conjures up images of story time and parades as sexualized events, fuels unfounded fears, misunderstandings and intolerance towards the LGBTQ+ community. This reflects and promotes attitudes which are both homophobic and transphobic. Universal Changerooms at Chestnut Hills Recreation Complex [96] The practical effect of the Universal Changeroom Notice of Motion would be to permit non-members’ children to utilize the members-only male and female changerooms. [97] The gendered members change areas provide access to additional members-only amenities such as the sauna, steam room and whirlpool. [98] The recently-expanded universal changeroom includes: A fully-accessible, barrier-free, universal space with 23 individual change cubicles, equipped with high partitions, zero sightlines and 4 oversized change rooms for families and those who require an accessible space. 3 of the 8 washrooms are fully accessible and enclosed spaces, one of which is equipped with a shower and electric lift change table. [99] As noted by the Director of Community Services, a very careful balance was struck in the design and implementation of the universal changeroom expansion which re- opened in the spring of 2022, between privacy and security. - 46 -- 46 - Principles Integrity 17 [100] The preamble to the Councillor’s universal Changeroom motion raises the spectre that the issue is predators preying on unaccompanied children. [101] The Councillor states that there have been issues of unaccompanied minors being followed into the universal changeroom by an apparent adult male. [102] It is reasonable to bring such matters promptly to the attention of appropriate staff. [103] We understand that no issue involving an unaccompanied minor being followed into the universal changeroom or being made to feel uncomfortable has ever been brought to the attention of staff. [104] Councillor Robinson brought her concerns forward for the first time at a public meeting on May 1, 2023, having never previously brought any concerns to the attention of staff. [105] As a result of the comments made by her on May 1, 2023, a memo was provided to Council on May 17, 2023 explaining and informing Council about the changes to the expanded universal changeroom at Chestnut Hill and the zero tolerance policy in place regarding monitoring and enforcement to promote safety, security and privacy at the facility. [106] It is important to recognize that Members of Council hold a privileged position. They have direct and unfettered access to department heads and the City Manager. [107] If they are aware of a concern and cannot find a resolution, they can, with Council support, direct staff to report back. Such reports provide Council with information and options to move forward, where change is needed. [108] Announcing her motion by suggesting that change is necessary because of predatory adults preying on children in the recreation complex was inappropriate. It sidestepped appropriate channels – addressing concerns first with the relevant department head – and it publicly raised unfounded alarms. [109] Announcing the motion as one of the trilogy of changes which the Councillor was spearheading, appeared to target all three motions, by association, at the LGBTQ+ community. [110] Announcing what can be fairly described as discriminatory Notices of Motions in the manner that she did – on the steps of a public education institution - was inappropriate for a public official holding office. [111] Announced in this way the Councillor’s conduct fueled fear, reflecting and promoting attitudes which are both homophobic and transphobic. - 47 -- 47 - Principles Integrity 18 Findings: [112] For the above reasons, we find that the Councillor has promoted attitudes which are homophobic and transphobic, failed to recognize the diversity of the community, failed to protect the dignity of individuals, and attempted to bring forward motions which would not, in our view, withstand scrutiny under Ontario’s Human Rights Code. [113] Whether it is the targeted removal of the flag raising opportunity from the LGBTQ+ community, the targeted prohibition of pride parades, banning drag queens from engaging in story-reading to children at the library, or implying that gender-neutral changerooms are in any way putting children at risk, we find the Councillor’s conduct in promoting the motions on the steps of the DDSB office to constitute homophobic and transphobic behaviour. [114] The Councillor’s view is that ‘every person’s right to be heard and have issues debated…should not be silenced, attacked or reported because it does not fit other Members of Council’s narrative’. This is a ‘freedom of expression’ argument. [115] It is well-recognized that freedom of expression is not an absolute, unfettered right; it is limited by reasonable restrictions, including by requirements to protect the rights and freedoms of other persons. [116] Elected municipal officials are leading players in local democracy. They are democratically chosen to look after the community’s interests. They take on a variety of responsibilities, some of which are provided by law and others of which are inherent in the nature of their position. [117] A Councillor’s freedom of expression is a crucial instrument for achieving effective participation and good municipal government. [118] Elected municipal officials are conduits for the voices of their constituents: they interpret and convey their grievances respecting municipal government. [119] That said, the Councillor defaults to her position she is merely reflecting the views of her constituents. This cannot justify positions publicly stated which must be seen as contrary to Human Rights protected positions. It would be recognized as completely unacceptable for a Councillor to publicly make statements in support of spousal abuse, antisemitism or slavery, regardless of whether these were the ardently-held views of one’s constituents. - 48 -- 48 - Principles Integrity 19 [120] What we observe in the conduct of Councillor Robinson must be viewed as reflecting and promoting intolerance, homophobia and transphobia. The motions, and her comments, done in an extremely public way, on the steps of a public educational institution, represent a rising form of populism where political support is sought by speaking to those in the community who hold extreme and intolerant views. [121] We have observed this kind of activity in recent years, with politicians rallying support and fomenting protest (sometimes inspiring protests that can lead to unfortunate outcomes). [122] The Councillor, on May 15, 2023, with a megaphone in hand and on the steps of a public institution of learning, engaged in conduct that was inappropriate for a public official holding office. [123] Speaking only to a particular perspective, fueling unfounded fears and seeking to affect the rights of minority and marginalized groups – in this case, LGBTQ+, particularly trans persons, is conduct which should not be condoned and should attract appropriate consequences. [124] This type of conduct and behaviour can have a corrosive effect on democracy, allowing the loudest voices to drown out the marginalized and vulnerable in the community. [125] The Councillor defends her conduct, asserting that neither her motions, nor her speech on the steps of the DDSB, contain ‘hateful rhetoric’ or ‘hate speech’. [126] We agree. In fact, if we had observed ‘hate speech’, or that the Councillor’s conduct rose to the level of inciting hate, we would be obligated to refer the complaints to the appropriate law enforcement agency as a breach of the Criminal Code prohibition against hate speech. [127] On numerous occasions, the Councillor has advised us of her status as a professional paralegal. [128] We observe that the Law Society’s Paralegal Professional Conduct Guidelines provides as follows: Guideline 1: Professionalism: Integrity and Civility provides as follows: [129] 3. A paralegal has special responsibilities by virtue of the privileges afforded the paralegal profession and the important role it plays in a free and democratic society and in the administration of justice. This includes a special responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals - 49 -- 49 - Principles Integrity 20 and to respect human rights laws in force in Ontario. [130] While it is not our role to make findings as to whether the Councillor’s conduct may be contrary to her professional duty to protect the dignity of individuals and respect the human rights laws in Ontario, we simply note, in passing, that this along with the Council Code of Conduct and the Ontario Human Rights Code, imposes constraints on unfettered ‘freedom of expression’. Recommendations and Concluding Remarks: [131] The role of an Integrity Commissioner is more than simply the task of bringing adjudication to grievances between individuals. As noted at the outset, we see as our highest objective in concluding an investigation to be the making of recommendations that serve the public interest. [132] During the investigation the Councillor proceeded to lodge counter-complaints against two of the Councillors who brought this complaint forward. This action must be recognized as a reprisal – conduct clearly contrary to the Code of Conduct. [133] She alleged bias against the Integrity Commissioner. Again, this must be recognized as an attempt at obstruction, intended to derail our investigation of the complaints. [134] Her steadfast refusal to recognize such conduct as a contravention of the Code or to acknowledge the hurt and harm she inflicts on others through her actions denied us the opportunity to resolve this matter informally. [135] Indeed her behaviours were reflective of the polarized political stances which have grown in frequency and intensity in Canada and the United States in recent years. [136] Her conduct raises real concerns about impacts on those individuals within already- marginalized groups in Pickering, such as the LGBTQ+ community, trans- individuals and others potentially affected by the Councillor’s motions. Council’s Role in Considering this Report [137] We wish to remind Council that as the City’s independent Integrity Commissioner we have a responsibility to conduct investigations by adhering to the tenets of procedural fairness which apply to all participants in an investigation. This we have done, including by facilitating the Councillor in knowing the allegations she was required to respond to, and by considering her responses to them. [138] We also wish to remind Council that the role of the Integrity Commissioner is to conduct a fair investigation and make considered recommendations in the context of the ethical framework that applies to elected officials in municipal government. - 50 -- 50 - Principles Integrity 21 [139] The Integrity Commissioner having completed an investigation, it is not the role of Council to conduct its own investigation. [140] It is important that Members of Council maintain an open mind when considering this report. The decision to be made by Council with respect to our recommendations should be based on the findings we have made in this Report and not whether they agree or disagree with Councillor Robinson’s personal opinions on the subject matter of the motions. [141] This report is about whether the Councillor has complied with the ethical framework which applies to her, with consideration being given to the impact of that non- compliance. Sanctions [142] The sanctions that may be imposed following a finding of contravention by an Integrity Commissioner are a reprimand, or a suspension of remuneration for up to 90 days. A monetary penalty, although not remedial, can have a salutary effect and serve as a deterrent. [143] Based on all of the above, we find that a significant sanction is warranted. [144] We therefore recommend: 1. That the remuneration paid to Councillor Robinson be suspended for a period of 60 days (four pay-periods); [145] We wish to conclude by publicly thanking the parties and administrative staff, and all those who participated in our investigation. [146] We will be available to introduce this report and respond to questions during the Council meeting at which this report is considered. - 51 -- 51 - - 52 -- 52 - - 53 -- 53 - - 54 -- 54 - - 55 -- 55 - - 56 -- 56 - Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4600 | Toll Free 1.866.683.2760 | mayor@pickering.ca | pickering.ca Office of the Mayor Sent by email October 13, 2023 The Honourable Paul Calandra Minister of Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON M7A 2J3 minister.mah@ontario.ca Subject: Proposed Cherrywood Development -City of Pickering Direct and Indirect CostsFile: A-1000-002 I first wish to recognize your Government’s ongoing efforts to address a province-wide housing crisis, which is particularly acute here in the Greater Toronto Area. As you know, the City of Pickering has demonstrated a shared commitment to addressing these challenges by supporting a broad and diverse array of housing choices, while ensuring development occurs in a responsible, systematic, and sustainable manner. At the direction of the Province, the City of Pickering has also invested considerable time, effort, and money related to the preparation of anticipated urbanization proposals for land in and around the Duffins Rouge Agricultural Preserve, over the past year. While we appreciate the Province’s reconsideration and commitment to preserving the integrity of the Greenbelt, we cannot overlook the significant amount of resources that have already been expended by our municipality in anticipation of housing development, sometimes at the direction of the Province itself. In fact, City staff were engaged on this file as early as the first week of January 2023 and continued to work on this project until the change in Provincial direction. The Government’s decision reflects the broader interests of our province and its people, and we respect the direction it has chosen to take in this matter. However, I hope you can appreciate, that as Mayor, I have a duty to seek reimbursement from the Provincial Government in the amount of $360,135.00 for both the direct and indirect costs that the recent string of Provincial decisions have had on Pickering taxpayers. Corr. 31-23 - 57 - Proposed Cherrywood Development October 13, 2023 Page 2 of 2 I kindly request that the appropriate staff from your office take the time to review the details enclosed and take the necessary steps to fairly reimburse the City for the financial burden it has incurred to date. Minister, I appreciate that the Province is currently addressing several matters in light of recent events surrounding the Greenbelt, and I thank you for your time in reviewing this request. Please do not hesitate to contact the undersigned to discuss any questions or concerns you may have. Yours truly Kevin Ashe Mayor, City of Pickering Enclosure: Mayoral Direction #03-2023 - Staff Memo Copy: The Honourable Doug Ford, Premier of Ontario The Honourable Peter Bethlenfalvy, MPP Pickering – Uxbridge John Henry, Regional Chair & CEO, Region of Durham Michael Klimuntowski, Chief of Staff, MMAH Members of Council Marisa Carpino, Chief Administrative Officer Kyle Bentley, Director, City Development & Chief Building Official Stan Karwowski, Director, Finance & Treasurer Susan Cassel, City Clerk Catherine Rose, Chief Planner Paul Bigioni, Director, Corporate Services & City Solicitor - 58 -- 58 - City of Pickering Costs for the Proposed Cherrywood Development The City of Pickering incurred the following direct and indirect costs related to the Cherrywood proposed development, as of September 25, 2023: Direct Costs Payee Amount ($) Description Loopstra Nixon LLP 90,216 Legal services Watson & Associates 178,399 Financial impact analysis Linked, OPPI, Invest Durham, Social Media 930 Recruitment costs for new Cherrywood principal planner position Total $269,545 Indirect Costs Department Salary Costs (includes employee benefits) ($) Office of the CAO 9,320 Economic Development 7,550 City Development 35,220 Corporate Services (Legal) 16,500 Engineering Services 6,940 Finance 9,710 Community Services 530 Human Resources 1,180 Operations 3,640 Total $90,590 Total direct and indirect City costs related to the Cherrywood proposed development are $360,135.00. Please Note: •Direct costs are supported by third party invoices. •Indirect costs are self-reported by City staff to reflect their time to prepare and attend internal and external meetings regarding the proposed Cherrywood development. - 59 -- 59 - September 19, 2023 Policy Update - Toronto New Deal and Housing Affordability Task Force Responses Toronto New Deal Working Group On September 18th, the Premier announced the formation of a working group with a mandate to achieve long-term stability and sustainability of Toronto’s finances. Provincial and city public servants will work to develop a draft agreement before the end of November. When the AMO Board meets on September 29th, it will consider a recommendation to secure a commitment from the Ontario government to update the partnership between the province and municipalities to better support Ontario’s social and economic prosperity, build sustainable communities, and provide a solid foundation for economic growth, including increased housing supply. The proposal will include re-visiting Ontario’s municipal fiscal framework to ensure municipalities have the financial resources they need to deliver on their responsibilities. The proposed review builds on the successful 2008 provincial-municipal review led by AMO which resulted in the uploading of social assistance costs now worth more than $2 billion annually, freeing up municipal resources to invest in infrastructure. Provincial Request for Housing Affordability Task Force Responses On September 15th, Minister Calandra requested that each head of council identify their top five priority recommendations coming from the government’s Housing Affordability Task Force to help guide future action. In addition, heads of council in municipalities with housing targets were asked to review each of the Task Force’s 74 recommendations and provide responses regarding whether or not the government should proceed with implementing each action. Municipalities whose heads of council do not submit responses by October 16th will no longer be eligible to receive provincial funding under the recently announced Building Faster Fund to support housing-related infrastructure. AMO’s Board will consider a recommended sector-wide approach at its upcoming meeting on September 29th. The AMO response will be made Corr. 32-23 - 60 -- 60 - *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completenessof third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Please consider the environment before printing this. Association of Municipalities of Ontario200 University Ave. Suite 801,Toronto ON Canada M5H 3C6To unsubscribe, please click here available for all municipalities as they consider this request. - 61 -- 61 - Corporation of the Municipality of West Grey 402813 Grey Road 4, RR 2 Durham, ON N0G 1R0 519 369 2200 September 22, 2023 RE: Establishing a Guaranteed Livable Income To whom it may concern, Please be advised that at its meeting held on September 19, 2023, the council of the Municipality of West Grey considered the above-noted matter and passed Resolution No. R-230919-005 as follows: "THAT in consideration of correspondence received September 8, 2023 from the Town of Grimsby respecting establishing a guaranteed livable income, council directs staff to send a letter of support for the resolution passed by the Town of Grimsby to the Premier of Ontario, the MP and MPP for Bruce-Grey-Owen Sound, and all Ontario municipalities." If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Jamie Eckenswiller, AMP (he/him) Director of Legislative Services/Clerk Municipality of West Grey Attachment: Town of Grimsby – Establishing a Guaranteed Livable Income Cc. Hon. Doug Ford, Premier of Ontario Alex Ruff, MP Bruce-Grey-Owen Sound Rick Byers, MPP Bruce-Grey-Owen Sound All Ontario Municipalities www.westgrey.com Corr. 33-23 - 62 -- 62 - The Corporation of the Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, Grimsby, ON L3M 0J5 Phone: 905-945-9634 Ext. 2171 | Fax: 905-945-5010 Email: bdunk@grimsby.ca September 8, 2023 SENT VIA E-MAIL Office of the Prime Minister 80 Wellington St. Ottawa, ON, K1A Attention: The Right Honourable Justin Trudeau RE: Establishing a Guaranteed Livable Income Please be advised that the Council of the Corporation of the Town of Grimsby at its meeting held on September 5, 2023 passed the following resolution: Moved by: Councillor Korstanje Seconded by: Councillor Freake Whereas the Canadian livable wage for Niagara Region, two years ago was determined to be $19.80. This was $6000 below the annual income of a minimum wage employee; and Whereas our residents on programs such as Ontario Works, receive targeted fixed monthly incomes of $733, and ODSP recipients receive $1376; and Whereas at the current Ontario minimum wage rate, a person working 37.5 hours per week will earn approximately $2,500 monthly (before tax); and Whereas the median rent for one bedroom in Grimsby as of August 2023 is now $2000 a month; and Whereas rent is considered affordable, when it is less than 30% of income. In Niagara west, rent is approximately 272% of Ontario Works, 145% of Ontario Disability Support Services, 75% of minimum wage full-time, and 150% of minimum wage part time; and - 63 -- 63 - Whereas an annual 2.5% allowable rent increase can be combined with an additional 3- 6.5% capital investment increase, raising the cost of rental housing another minimum of $110 monthly; and Whereas there are no housing units under Niagara Regional Housing for single adults or families with dependents, including 2,3,4 or five bedrooms in our community; and Whereas the Grimsby Benevolent Fund reported that in 2022: 70+ households received monthly rental supplement totaling $237,744 $79,500 was invested into one time emergency housing support as of June 7, 2023 78 households are receiving monthly financial benefits to make rental housing more affordable; and Whereas food inflation was 8.3% and groceries rose by 9.1%; and Whereas the Grimsby Food Bank numbers from June 2023 reported: 19 new households 447 served households 1055 served individuals 7 emergency visits; and Whereas the Grimsby Economic Strategic Plan identified the general high cost of living and housing affordability as primary obstacles in our workforce attraction. Therefore be it resolved that The Corporation of the Town of Grimsby circulate correspondence to Ontario municipalities encouraging them not only to collect data of their housing and poverty statistics, but also to examine their pending economic vulnerability as a result. Be it further resolved that The Corporation of the Town of Grimsby encourage these same municipalities to join us in advocating on behalf of our communities with this data, and by writing a letter to the Prime Minister, Premier, and local politicians calling for a united effort in establishing a Guaranteed Livable Income program. - 64 -- 64 - Be it further resolved the Town of Grimsby Clerks Department circulates this resolution to Niagara West MP Dean Allison and Niagara West MPP Sam Oosterhoff, requesting a response on this matter within 30 days of receipt. Be it further resolved that The Corporation of the Town of Grimsby, through its Finance and Human Resources departments, undertake a comprehensive assessment to explore the feasibility and implementation of a living wage policy for all Town of Grimsby employees, with the aim of ensuring that all municipal workers receive fair compensation that aligns with the principles of a living wage and that staff be directed to explore becoming a living wage employer. If you require any additional information, please let me know. Regards, Bonnie Nistico-Dunk Town Clerk cc.Hon. Doug Ford, Premier of Ontario Ontario Municipalities Dean Allison, MP Niagara West Sam Oosterhoff, MPP Niagara West - 65 -- 65 - Durham District School Board 400 Taunton Road East, Whitby, Ontario L1R 2K6 Phone: 905-666-5500; Toll Free: 1-800-265-3968 @DurhamDistrictSchoolBoard @DDSBSchools ddsb.ca October 4, 2023 To: Durham Region MPPs and Mayors/Council members from Oshawa, Whitby, Pickering, Ajax, Brock, Scugog and Uxbridge From: Durham District School Board Briefing Note: Durham District School Board Enrollment Pressures and Capital Priorities Purpose: To provide Durham Region MPPs and Mayors/Regional Council members with an update on DDSB enrollment pressures and capital priorities. Executive Summary The Durham District School Board (DDSB) has been experiencing significant enrollment growth that is expected to continue. Despite measures the DDSB is taking to manage this growth, there is a dire need for the approval of new schools by the Ministry of Education and better alignment with the municipal planning process for the development of schools within new communities. The following recommendations are being made to both our municipal and provincial partners that we believe will help assist us in building new schools: Municipal We request that municipalities inform the DDSB when sudden residential land use planning matters arise, including the use of strong Mayor powers so that we can begin planning and taking appropriate action as early as possible. Prioritizing the Site Plan Approval process as a whole for school board applications and expediting the pre-submission review would help us build schools faster. Provincial It is strongly recommended that the Ministry of Education approve all of the DDSB’s Capital Priorities submissions so that we can construct new schools to ensure we do not fall even further behind in keeping up with the pace of growth and development taking place in DDSB communities. Background The DDSB is responsible for public education in the rural communities of Uxbridge, Brock and Scugog townships and the cities and towns of Ajax, Whitby, Pickering and Oshawa. We employ over 10,000 teaching and educational services staff in 135 elementary and secondary schools and learning centres. The DDSB has more than 79,000 regular day students and thousands more who take continuing education and adult credit courses. Over the past four years, the DDSB has experienced tremendous growth through new developments and the regeneration of mature neighbourhoods, rising from approximately 70,000 students enrolled in 2019 to approximately 79,000 students in 2023. - 66 - Corr. 34-23 - 66 - 2 @DurhamDistrictSchoolBoard @DDSBSchools ddsb.ca For more information on construction projects underway and planned, please review the September 2023 Quarterly Construction and Major Projects Report. For greater detail on how the DDSB is planning for accommodation pressures, please review the Pupil Accommodation Plan: Trends, Issues, Future Opportunities 2023-2027. Current Projects Underway To help meet the growth in Durham Region, the DDSB has received Ministry of Education approval for five new school builds and one major addition: •February 2018: Durham District School Board (DDSB) received Ministry of Education approval to build Beaver River PS. The new school, currently under construction, will replace and consolidate Beaverton PS and Thorah Central PS on the Beaverton PS site in Beaverton and is scheduled to open in September 2024. The length of delay in this project is primarily due to the Ministry approvals process and that the DDSB re-submitted the project to request a larger building that would better accommodate previously unregistered growth in Beaverton. After receiving Ministry approval to build a larger school, we experienced further Ministry delays in providing final approval. This situation was an anomaly but contributed to the lengthy development timeline. •July 2020: DDSB received Ministry of Education approval to build a new elementary school, Unnamed Pickering Creekwood PS (currently expected to open in September 2025 due to site acquisition delays from the City of Pickering), and an addition to Mary Street PS in Oshawa to replace the existing portapac (under construction and scheduled to open in September 2024). •October 2020: DDSB received Ministry of Education approval to build a new elementary school, Unnamed North Oshawa PS, at Windfields Farm Drive West and Wintergrace Avenue in Oshawa. This school is under construction and scheduled to open in September 2024. •May 2022: DDSB received Ministry of Education approval to build a new elementary school, Unnamed Pickering Seaton PS, at Burkholder Drive and Azalea Avenue in Pickering and a new secondary school, Unnamed North Oshawa SS, at Windfields Farm Drive East and Bridle Road South in Oshawa. Both are well along in development and are scheduled to open in September 2026. DDSB Enrollment Pressures The expansion of urban settlement areas, redevelopment and infill within existing areas, and increased density through the More Homes Built Faster Act will all contribute to continued increases in enrolment in DDSB schools. Durham Region’s population (currently 723,000) is targeted to increase to 1.3 million people by 2051. DDSB enrollment growth (from 70k students in 2019 to 79k in 2023) is increasing at a level greater than what these new schools will accommodate and will require ongoing and increased capital investment from the Ministry in new schools. The DDSB continues to be proactive in seeking approval from the Ministry of Education for the creation of new schools to meet this pressure, in some cases re-submitting the same project over multiple years if approval is not granted. - 67 -- 67 - 3 @DurhamDistrictSchoolBoard @DDSBSchools ddsb.ca Considerations Actions Taken by DDSB to Manage Enrollment Pressures The DDSB will continue working to manage enrollment pressures through future boundary reviews to balance enrollment, using existing buildings to their fullest potential, the use of portables, and sustained investment in school renewal projects (renovating space). In some cases, only the construction of a new school or an expansion of an existing school can appropriately address enrollment pressures. Boundary Reviews The DDSB recently completed a boundary review for Clara Hughes PS in Oshawa last year and anticipate conducting boundary reviews this year for Vincent Massey PS in Oshawa and Eagle Ridge PS/Rosemary Brown PS in Ajax. With the opening of Unnamed North Oshawa PS (Windfields Farm Dr W/Craftsman Dr) in Oshawa, we will also be establishing a new boundary for that school. Boundary reviews have the potential to elicit a response from the local community as it means some students may have to attend a different school. Portables Portables are utilized as temporary school accommodation for students when there is no available classroom space within a facility and typically help to manage enrollment pressures that are anticipated to decline overtime as a neighbourhood stabilizes. The addition of portables to a school site can give the impression that a school is “over-capacity”, but that number is based on what is called the Ministry Rated Capacity (MRC). This is the Ministry of Education’s formula for the number of students to be accommodated within a school in permanent classrooms. While MRC utilizations may exceed 100%, schools are designed to accommodate portable use and the DDSB ensures that all Ontario Building Code requirements are followed to ensure sufficient washrooms exist in the school building to safely accommodate the number of staff and students on site. In addition, the DDSB is required to follow all Ministry class size maximums, regardless of portable use. Designation of Holding Schools Holding schools are used to accommodate students from new development areas until such time as the DDSB can demonstrate the need for a new school, receive approval through the Capital Priorities process and construct the new school. However, as time passes and urgently needed capital projects are not approved, many holding schools experience their own in-area growth, leading to boundary reviews and/or the identification of additional holding schools. The DDSB currently has 33 schools designated as holding schools, 27 elementary and 6 secondary, across Pickering, Ajax, Whitby and Oshawa. Upcoming Capital Priorities Staff are currently analyzing enrollment data, trends and identifying areas where the DDSB is experiencing significant accommodation pressure in preparation for the October 20, 2023 Capital Priorities submission to the Ministry. The West Whitby area continues to grow with over 900 elementary students in holding schools waiting on new school construction, with no new school build currently approved despite two previous applications. North Oshawa is also experiencing rapid growth and although a new elementary school is slated to open in 2024, it is anticipated to be full when opened and an equal number of students will remain in portables at holding schools while they await a second new build closer to home. - 68 -- 68 - 4 @DurhamDistrictSchoolBoard @DDSBSchools ddsb.ca While two projects have been approved for Pickering and will open in the next 2-3 years, residential growth in Seaton will outpace the space available. These areas, starting with West Whitby will form the basis of our upcoming capital priorities submission to the province. If the DDSB is not able to get ahead of these pressures through receiving Ministry approval of new school builds, it means that more students will need to be accommodated at holding schools and in portables, increasing pressure on existing school communities – this is presently one of the most frequent concerns the DDSB receives from families on a yearly basis. Comments on Ministry Capital Priorities Process The Ministry of Education approval process must be carefully considered when undertaking any major capital projects. Up to and including the 2022 capital priorities process, the approval process once business cases have been submitted to the Ministry were as follows: 1.Announcement of funding; 2.Approval of facility space template and appointing an architect; 3.Approval to proceed to tender based on a cost consultant report; and 4.Post tender approval if the tender exceeds the approved funding amount. Each stage requires Ministry of Education approval to proceed to the next step. There has been a province-wide trend the last few years where the initial approval of funding in step one is considerably lower than what the independent cost consultant comes back with in step three prior to a school board seeking approval to tender the project. This has been due to the Ministry benchmarks for funding that are used in step one. This challenge and the seeking of Ministry approval has been one of the major factors in delaying projects. The DDSB appreciates recent changes made by the Ministry of Education to the 2023 capital priorities process that we anticipate will better streamline approvals and hopefully provide more certainty around costs. This is a critical step as the old process meant that it took so long to get anything moving. Existing projects in development will not be availed of this condensed process and the DDSB’s timelines reflect that. However, recent municipal changes may make it harder. The streamlined 60-day Site Plan Approval process developed by the Ministry of Municipal Affairs and Housing and the Ministry of Education was a welcome step in the right direction. However, the municipal approvals process has also changed with the addition of a “pre-submission” stage of approval being added – with no timeline commitment. So, although the actual approval will occur within 60 days, the time to get there is unknown. Educational Development Charges Education Development Charges (EDCs) are collected by the DDSB on each new residential unit at the building permit stage and were devised as a method to self-fund the purchase of land needed for new schools based on a 15-year development planning horizon. School boards must pass a new EDC by-law every five years, meaning that any unfunded expenditures/financial obligations incurred from site purchases are partially funded in a subsequent by-law period. - 69 -- 69 - 5 @DurhamDistrictSchoolBoard @DDSBSchools ddsb.ca Since 2019, there has been a cap on the amount that can be collected from EDCs. As a result, when the DDSB anticipated collecting $11,876 per residential unit to meet its 15-year projected site acquisition needs, it was capped at $2,249 per residential unit in 2019, and increasing to $3,449 in 2023. Prior to the cap, it was anticipated that the purchase of land for new schools could entirely be financed through EDCs. However, the DDSB now has a growing EDC deficit, meaning that at some point in the future, we will no longer be able to fund all purchases of land through EDCs, including through the use of borrowing. Recommendations Municipal We request that municipalities inform the DDSB when sudden residential land use planning matters arise, including the use of strong Mayor powers so that we can begin planning and taking appropriate action as early as possible. Prioritizing the Site Plan Approval process as a whole for school board applications and expediting the pre-submission review would help us build schools faster. Provincial It is strongly recommended that the Ministry of Education approve all of the DDSB’s Capital Priorities submissions so that we can construct new schools to ensure we do not fall even further behind in keeping up with the pace of growth and development taking place in DDSB communities. Contact Information Robert Cerjanec Executive Lead, Strategic Initiatives and External Relations Robert.Cerjanec@ddsb.ca David Wright Associate Director, Corporate Services David.Wright@ddsb.ca - 70 -- 70 - p](KER1NG Report to Council Report Number: BYL 06-23 Date: October 23, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Noise Control By-law Review and Update -File: L-2200 Recommendation: 1.That this Report BYL 06-23 be received; 2.That the attached Noise Control By-law be enacted; and 3.That appropriate City of Pickering officials be authorized to take the actions necessary toimplement the recommendations in this report. Executive Summary: Council Resolution #995/22 directed staff to review the City’s Noise Control By-law and update it to better reflect current conditions. As a result, staff reviewed and consulted with municipalities within and outside the Region of Durham. A review of best practices, common issues and successful outcomes was undertaken. Council Resolution #121/23 directed staff to consult with the public regarding the Noise Control By-law. As result of that consultation, changes to the Noise Control By-law are being recommended. A draft new Noise Control By-law is attached to this Report (Attachment No. 1). The changes contained in the new Noise Control By-law address concerns raised by residents’ during the public consultation, and add more clarity to certain sections of the existing By-law. The City’s existing Noise Control By-law already contains provisions similar to those found in the by-laws of other municipalities, but the proposed revisions will result in a clearer, more effective by-law. Issues related to construction noise and noise caused by vehicle alarm systems will be more clearly regulated in the new Noise Control By-law. In particular, revised provisions in the new Noise Control By-law regarding noise caused by places of worship, work carried out by a municipality or utility company, railroad noise and common household noises have been included. Increased fine amounts and provisions for continuing offences have been included to enable more effective prosecution. A special fine for noise resulting from activity that generates a financial gain has also been added. New fine amounts implemented in May, 2023 have been carried forward into the new Noise Control By-law. Financial Implications: There are no financial implications arising from this Report. Additional staffing will not be required to enforce the new Noise Control By-law. In the event of any future material increase in Noise Control By-law enforcement activity, any required staff increases will be proposed for consideration in future years. - 71 -- 71 - BYL 06-23 October 23, 2023 Subject: Noise Control By-law Review and Update Page 2 Discussion: Council Resolution #995/22 directed staff to review and report back to Council regarding proposed changes to the Noise Control By-law. Staff undertook a review of best practices, challenges, successes and issues that required updating in regards to noise. Staff reviewed by-laws from the City of Toronto, Town of Markham, Town of Ajax, City of Oshawa, Town of Aurora, City of London, Town of Ajax, Town of Whitby and other municipalities. Council Resolution #121/23 directed staff to commence a public consultation and report back with to Council with changes to the Noise Control By-law in October, 2023. Attached is a proposed new Noise Control By-law (Attachment No. 1) that includes many of the existing by-law’s provisions but makes key changes in the areas outlined in this Report. Council Resolution #200/23 directed staff to increase the fines for violations of the Noise Control By-law. These increased fines have been included in the new draft Noise Control By-law to serve as an enhanced deterrent. There was some public feedback that the fines were excessive. In this regard, it must be noted that the maximum fine amounts are not applicable in all cases. They represent the highest penalty a court has the power to impose. In situations that are minor in nature, a ticket can be issued and the fine sought will be lower. The maximum fine is usually reserved for extreme and excessive situations. Ultimately, a Justice of the Peace decides the amount of a fine once a conviction has been registered. The results of a Public Consultation conducted from April 19 to May 20, 2023 indicate general support for the staff-recommended changes and express concern about matters that are either already regulated adequately under the Noise Control By-law or are regulated by other by-laws or legislation. A total of 271 participants took the survey and provided input into the by-law revisions. The majority of the responses expressed approval of the proposed changes which are generally described below. a.A common concern expressed related to loud vehicle exhausts. Vehicle exhaust noise isregulated under the Highway Traffic Act. City staff do not have the legal authority to stop amoving motor vehicle, nor do staff have the training or expertise required to evaluate if avehicle has been modified or is damaged and is causing excessive noise. Durham Regional Police Service actively conduct enforcement related to this under the Highway Traffic Act and will continue to address these matters. For these reasons, provisionsregarding exhaust noise have not been added to the draft new Noise Control By-law. b.Noise related to construction and music are the two most frequently reported types ofdisturbance, and account for the majority of noise complaints received by the City. Another type of noise complaint that has been increasing over the years is related to vehicle security systems. These systems are becoming more advanced and there is an increase incomplaints related to false alarms. Accordingly, 88% of survey respondents agreed withregulating vehicle alarms. c.Furthermore, 78% of survey respondents wanted changes to the times that construction noise could occur. Many respondents seemed confused about the differentiation between construction noise and the use of tools for domestic work. The Noise Control By-law allowsa resident to use power tools for work on their properties outside of the restricted hours forconstruction works such as building of houses. The change to the Noise Control By-law inrelation to construction hours reflects a balance between responses received and allowing- 72 -- 72 - BYL 06-23 October 23, 2023 Subject: Noise Control By-law Review and Update Page 3 construction work to occur. If enacted, the new Noise Control By-law would prohibit construction noise from 7:00 pm to 7:00 am Monday to Friday, from 7:00 pm to 9:00 am on Saturday, from 6:00 pm Saturday to 7:00 am on Monday, as well as on all statutory holidays. d.In an effort to ensure fairness and consistent enforcement, the exemption surrounding thesounding of bells from a place of worship is expanded to capture all faiths. Some surveyrespondents opposed expanding this exemption, and expressed a preference for no exemption at all for places of worship. 77% of total respondents were, however, in favour of this exemption. Complaints related to noise transfer in adjoined or stacked livingarrangements have been increasing as the City’s housing composition is changing. Staffrecognize, however, that the Noise Control By-law should not prohibit ordinary soundsresulting from ordinary living activity. A provision has therefore been added to the Noise Control By-law to address common noises created by the occupancy of a residence. 74% of survey respondents approved the exemption of common household noise. Someopposition to this provision was based on a misunderstanding of what will be exempt. Adefinition of commonplace household or workplace noise is included in the draft new NoiseControl By-law to provide clarity. The definition reflects activities that are considered by an officer to be minor and commonplace such as: noise from such as walking, housecleaning, talking at a normal level, moving of household items and other usual but not excessivenoise generated from ordinary day-to-day activity. e.Staff recommend adding battery powered yard maintenance equipment to the by-lawprovision that previously only included electrical and gasoline powered equipment. 74% of respondents agreed with this change. f.88% of survey respondents agreed that an officer should have the ability to issue an Orderto stop a noise. 78% of respondents were in favour of giving Officers the power to issuesuch Orders verbally, though some respondents felt such Orders should only be given inwriting. Staff recommend allowing an Order to be given both verbally or in writing and a new offence has been created for disobeying an Order. g.Updating the exemption for work undertaken by the City, Regional municipalities, gas, utilityand telecommunication companies provides the ability to undertake work to minimizeservice disruptions. This will also assist in clarifying when there is a need to apply for anexemption. h.Provisions concerning noise occurring from the use of horns or bells as a traffic control or signal as well as noise from railroad warning devices have been updated and clarified. i.An exemption has been added for noise caused by a filming event that has been givenrequired City permits. j.The requirement to produce identification or documents related to an offence has been added. This will allow an Officer to obtain specific documentation from businesses or contractors who are suspected of committing an offence but who may be otherwiseunidentifiable. - 73 -- 73 - BYL 06-23 October 23, 2023 Subject: Noise Control By-law Review and Update Page 4 In May of this year, increased fines were added to the existing Noise Control By-law as per Council Resolution #200/23. These fines have been carried forward into the draft new Noise Control By-law. 67% of survey respondents approved of the fine increases. Some opposition to the increased fines resulted from respondents who did not know that the fine amounts were maximums, and are not applicable in every case. Courts will impose lower fines for less severe offences and non-repeat offenders. The enforcement of the Noise Control By-law is carried out by Municipal Law Enforcement Services in the course of their normal duties. Durham Regional Police assist by providing after- hours enforcement and in situations where it is unsafe for a Municipal Law Enforcement Officer to attend. The attached draft new Noise Control By-law will allow the City to better regulate bothersome noise. Attachments: 1.Draft Noise Control By-law. Prepared By: Approved/Endorsed By: Original Signed By:Original Signed By: Jason Litoborski, C.P.S.O. Paul Bigioni Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 74 -- 74 - Attachment #1 to Report BYL 06-23 The Corporation of the City of Pickering By-law No. 8048/23 Being a by-law to prohibit and regulate noise. Whereas section 129 of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate noise. Whereas the Municipal Act, 2001 provides the ability for a municipality to impose fines in excess of $5000.00 under the Provincial Offences Act R.S.O. 1990, and further allows fines for continuing offences and also allows for special fines that may exceed $100,000.00. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part I -Interpretation Definitions 1.In this by-law, “City” means The Corporation of the City of Pickering or the geographical area of the City, as the context requires; “City Clerk” means the Clerk of the City or a designate; “common household/workplace noise” means noise transferred from an attachedunit such as walking, cleaning, talking at a normal level, children playing indoors,the moving of items and other usual but not excessive noise generated by a permitted use of the property; “construction” includes erection, alteration, repair, dismantling, demolition,structural maintenance, land clearing, earth moving, grading, excavating, thelaying of pipe and conduit whether above or below ground level, street and highway building, application of concrete, equipment installation and alteration and the structural installation of construction components and materials in anyform or for any purpose; “construction equipment” means any equipment, tool or device designed orcapable of use in construction or material handling, including pile drivers, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off highway haulers or trucks, ditchers, compactors androllers, pumps, concrete mixers and graders; “highway” has the same meaning as in subsection 1(1) of the Highway Traffic Actand includes unopened and unassumed road allowances; “motor vehicle” has the same meaning as in subsection 1(1) of the Highway Traffic Act and includes a motorized snow vehicle; - 75 -- 75 - By-law No. 8048/23 Page 3 “Officer” means an enforcement officer who is employed by the City to enforce provisions of the City’s By-law or a police officer pursuant to section 42 of the Police Service Act; “parks area” means any land owned or operated by the City or the Toronto Region Conservation Authority for park or recreational purpose. “person” includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; “point of reception” means any geographic location at which noise can be heard other than the premises from which the noise originates; “special event” includes a demonstration, parade, sports event, festival, carnival and other similar events; and “statutory holiday” means any day designated as a holiday in the Retail Business Holidays Act. References 2.In this by-law, reference to any Act or by-law is reference to that Act or by-law as it isamended or re-enacted from time to time. 3.Unless otherwise specified, references in this by-law to sections and Schedules are tosections and Schedules in this by-law. Word Usage 4.This by-law shall be read with all changes in gender or number as the context may require. 5.A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6.The following Schedules are attached to and form part of this by-law: Schedule 1 – Prohibited Activities Schedule 2 – Activities Prohibited By Time Schedule 3 – Exempted Activities Severability 7.Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. - 76 -- 76 - By-law No. 8048/23 Page 4 Part II – Regulations General Prohibitions 8.No person shall cause or permit the emission of any noise resulting from any of theactivities listed in Schedule 1 if the noise is audible at a point of reception. Restrictions by Time and Place 9.No person shall cause or permit the emission of any noise resulting from any of theactivities listed in Schedule 2 during the prohibited period of time listed opposite suchactivities if the noise is audible at a point of reception. General Exemptions 10.This by-law shall not apply to a person who causes or permits the emission of noise in connection with any of the activities listed in Schedule 3. Exemption Requests 11.(1) Any person may request an exemption to permit the operation of constructionequipment during the period of time prohibited by Schedule 2. All such requests shall be submitted in writing to the Manager, Municipal Law Enforcement or their designate and shall, (a)identify and describe in detail the construction activity that theapplicant wishes to have exempted; (b)set out the time(s) and location(s) for which the exemption is being sought; (c)state the name, address, telephone numbers and facsimilenumbers of the applicant; (d)set out the reasons why an exemption should be granted; and (e)be signed by the applicant who shall certifying the accuracy and truth of the contents of the application. (2)The Manager, after review with appropriate Departments may grant orrefuse to grant any exemption request, and may impose any conditionsas he or she determines to be appropriate. (3)Where an exemption is granted, breach of any condition of the exemption shall render the exemption null and void. - 77 -- 77 - Page 5 Part III – Enforcement Inspections 12.An officer may, at any reasonable time, enter upon any property for the purpose ofcarrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 13.No person shall: (a)Prevent, hinder or interfere or attempt to prevent, hinder or interfere withan inspection undertaken by an officer. (b)Fail to provide identification or a required document upon request from an officer. Orders 14.Order to Discontinue Activity (a)An officer may order any and all persons to cease causing noise. This includes the ability to require any or all persons involved in causing noise to leave a publicplace. (b)An order under this section may be given verbally or in writing and may beserved personally on the person(s) to whom it is directed. 15.No person shall fail to comply with an order given under the authority of this by-law. Offences and Penalties 16.Every person who contravenes any provision of this by-law is guilty of an offence andupon conviction is liable to: (a)A fine of not more than $100,000. (b)In the case of a continuing offence, a minimum fine for each day or part thereofshall be a minimum of $500.00 and a maximum of $10,000. Daily fines for acontinuing offence shall not be limited to $100,000.00 (c)In addition to any other fines under this section, a special fine may be imposed if the commission of an offence resulted in economic gain or advantage. Themaximum amount of a special fine may exceed $100,000. 17.No person shall make a false or intentionally misleading recital of fact, statement or representation in any exemption request. By-law No. 8048/23 - 78 -- 78 - Page 6 Part IV – General Repeal 18.By-law No. 6834/08 is repealed. Short Title 19.This by-law may be cited as the “Noise Control By-law”. Effective Date 20.This by-law comes into effect on the date of its passing. By-law passed this 23rd day of October, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk By-law No. 8048/23 - 79 -- 79 - Page 7 Schedule 1 to By-law No. 8048/23 Prohibited Activities 1.Operation of any electronic device or group of connected electronic devicesincorporating one or more speakers and intended for the production,reproduction or amplification of sound (including car stereos) at such a volumethat it is audible from the interior of a residence or business whose occupant has made every reasonable attempt to mitigate the reception of the noise. 2.Operation of any electronic device or group of connected electronic devicesincorporating one or more speakers and intended for the production,reproduction or amplification of sound (including car stereos) in a park area at a volume that a reasonable person would, in all of the circumstances, consider tobe excessive, intrusive or disturbing. 3.Persistent yelling, shouting, hooting, whistling or singing at such a volume that it is audible from the interior of a residence or business whose occupant has made every reasonable attempt to mitigate the reception of the noise. 4.Excessive and unnecessary revving of a motor vehicle engine. 5.Operation of a motor vehicle is such a manner that the tires squeal. 6.Operation of a motor vehicle horn or other warning device including a vehiclealarm, siren or security system except where required or authorized by law,functioning within the design or in the interest of good safety practices. Activation of these devices without valid reason or for a period of time that exceeds the normal operating standard. 7.Operation of a motor vehicle other than on a highway or other place where itsoperation is permitted by law. 8.Persistent noise caused at frequent or lengthy intervals by any domestic pet orany other animal kept or used for any purpose other than agriculture, on aproperty zoned and used for agriculture. 9.All selling or advertising by shouting or amplified sound. By-law No. 8048/23 - 80 -- 80 - By-law No. 8048/23 Page 8 Schedule 2 to By-law No. 8048/23 Activities Prohibited By Time Type of Activity Prohibited Periods of Time 1 Operation of any electronic device or group of connected electronic devices incorporating one or more speakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound (including car stereos). 9:00 PM to 7:00 AM 2 Persistent yelling, shouting, hooting, whistling or singing. 9:00 PM to 7:00 AM 3 Operation of construction equipment. 7:00 PM to 7:00 AM Monday to Friday and from 7:00pm Friday to 9:00am Saturday, and from 6:00pm Saturday until 7:00am Monday. (all day on statutory holidays) 4 Operation of any powered or non-powered tools for domestic purposes or automotive repair including augers, air compressors, and pneumatic or hydraulic tools. 9:00 PM to 7:00 AM 5 Operation of a combustion engine that is used in a toy or model or replica. 9:00 PM to 7:00 AM 6 Operation of any equipment or machinery used for yard maintenance that is run by electricity, battery or rechargeable energy, or gasoline, including lawn mowers, leaf blowers, chain saws, hedge trimmers, whipper snippers and pressure washers. 9:00 PM to 7:00 AM 7 Operation of snow blowers. 9:00 PM to 6:00 AM 8 Operation of solid waste bulk lift or refuse compacting equipment. 10:00 PM to 6:00 AM - 81 -- 81 - By-law No. 8048/23 Page 9 Schedule 3 to By-law No. 8048/23 Exempted Activities 1.The use in a reasonable manner of an apparatus or mechanism for the amplification of the human voice or of music in a park area or recreational areaprovided that the permission of the City has been obtained. 2.Any special event provided that the necessary permissions or approvals have been obtained from the City and the Durham Regional Police Service. 3.Any emergency work undertaken for the immediate health, safety or welfare ofthe inhabitants of the City or for the preservation, protection or restoration ofproperty. 4.Any emergency work being carried out by the City, a Regional Municipality, anyelectric utility company, any natural gas utility company, or anytelecommunications company and is being completed to minimize disruptions. 5.The ringing of school bells or the sounding of a public address system on a property owned by the Durham District School Board, the Durham CatholicDistrict School Board or a recognized private school. 6.The sounding of bells or chimes, clocks or other announcements in relation to a property operated as a church, synagogue, temple, mosque, monastery or a place of worship, or on any property owned or operated by the City. 7.Any sound originating from, or caused by, the operation of farm equipment ormachinery for cultivating, seeding, crop maintenance or harvesting purposes on any lands designated as an agricultural area. 8.Any fireworks display authorized by the City in accordance with Fireworks By-law No. 6783/07. 9.Necessary municipal operations carried out in the interest of public necessity and convenience, including but not limited to snow clearing, street cleaning andgarbage collection, undertaken by or on behalf of the City. 10.Any snow removal which is essential for the effective operation of a business. 11.The sounding of bells or horns for traffic control. Including as a traffic signal orassociated with the operation of a railroad. 12.Noise transferred from an attached unit such as walking, cleaning, talking at a normal level, children playing indoors, the moving of items and other usual but not excessive noise generated by a permitted use of the property. - 82 -- 82 - By-law No. 8048/23 Page 10 13.Noise caused by a filming event that has any required permits issued by the Cityof Pickering. - 83 -- 83 - Report to Council Report Number: BYL 07-23 Date: October 23, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Toys for Tickets and Food for Fines Holiday Parking Fine Program -File: L-2100 Recommendation: 1.That Council authorize staff to implement the Toys for Tickets/Food for Fines program fromNovember 27 through December 20, 2023; 2.That parking tickets issued between Monday, November 27 through Wednesday,December 20, 2023 be eligible for the Toys for Tickets/Food for Fines program; and 3.That the appropriate City of Pickering officials be authorized to take the necessary actionsas indicated in this report. Executive Summary: The Toys for Tickets/Food for Fines program operated for 11 years in the City prior to being paused during the COVID-19 pandemic due to health and safety concerns. Providing the program this year will be the second year post COVID to support members of the community in need. The Toys for TicketsIFood for Fines program accepts toys or groceries in lieu of payment for parking tickets. Toy or food donations must be dropped off to City Hall, and a receipt must be presented to confirm that the value of the donation equals or exceeds the fine. Tickets for parking in an Accessible Parking Space are not eligible for the program. Financial Implications: The lost revenue associated with the Toys for Tickets/Food for Fines program in 2022 was $695.00. It is anticipated that for the 2023 program, the loss in revenue may be $1,000.00. This is due to more people being comfortable with donating items with the decrease in COVID cases. Discussion: The first Toys for Tickets/Food for Fines program was offered by the City of Pickering in 2009. Since that time, it has been a tremendous success, supporting families in need and promoting the spirit of the holiday season. The program has received extensive media coverage at both the national and local level, as well as through social media. Participation from the community is always generous and enthusiastic. In 2022, the Toys For Tickets/Food for Fines program brought in approximately $832.00 in donations, as compared to the $695.00 in lost fine revenue. This year’s program will continue to benefit families in need by sharing donations with the Durham Regional Police Service Food and Toy Drive, and the Pickering Fire Services Food and Toy Drive. - 84 -- 84 - BYL 07-23 October 23, 2023 Subject: Toys for Tickets/Food for Fines Holiday Parking Fine Program Page 2 Attachment: 1.Not applicable. Prepared By: Approved/Endorsed By: Director, Corporate Services & City Solicitor Jason Litoborski, CPSO Paul Bigioni Manager, Municipal Law Enforcement Services Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 85 -- 85 - Report to Council Report Number: CAO 10-23 Date: October 23, 2023 From: Marisa Carpino Chief Administrative Officer Subject: Approval of “Black Joy Holiday Market” for the Pickering Anti-Black Racism Taskforce (PABRT) -File: A-1440 Recommendation: 1.That Council approve the PABRT-led event per ADM 040 Committees and Taskforces of Council Policy and on 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 actions as indicated in this report. Executive Summary: The Committees and Taskforces of Council Policy (ADM 040) requires that the Pickering Anti-Black Racism Taskforce (PABRT) seek Council approval to hold public events. Per section 04.03 and 18.01 of ADM 040, this report should include information about the month that the event will be held in, the purpose of the event, budget and any other confirmed details. The purpose of this report is to seek Council’s endorsement of the PABRT’s second annual “Black Joy Holiday Market” from November 24-26, 2023 at Chestnut Hill Developments Recreation Complex. Financial Implications: The PABRT members are responsible for coordinating and operating all aspects of its events including marketing, event organization and operation, setup, and cleanup according to the terms and conditions set out by the City of Pickering. The PABRT has a Council-approved budget of $25,000.00 with the City of Pickering, all of which has been budgeted to support its 2023 initiatives as outlined in a previous memo to Council on February 17, 2023 (Attachment 1). In accordance with that memo, $17,000.00 has been allocated to cover “community partnerships and collaborations” ($7,000.00) and/or “community events and initiatives” ($10,000.00) such as those identified in this report. At the September 2023 meeting of the PABRT, members voted to allocate $7,500.00 of their budget towards this initiative. Discussion: Per section 04.03 and 11.01 of the Committees and Taskforces of Council Policy (ADM 040), “taskforces must seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g., budget, approximate number of staff required, month the event would be held in, and purpose of the event).” The Policy also - 86 -- 86 - CAO 10-23 October 23, 2023 Subject: Approval of “Black Joy Holiday Market” for the Page 2 Pickering Anti-Black Racism Taskforce (PABRT) requires that the proposed event is in accordance with the Terms of Reference and mandate of the group. As such, staff have prepared this report to provide relevant details around the PABRT’s upcoming events in order to secure Council approval and proceed with its timely development and execution. City of Pickering staff from applicable departments support the events, in principle, subject to various event requirements being met by the PABRT during the event planning process. The requirements may include, but are not limited to, the following: •Permit for rental facility (if applicable) •Proof of liability insurance (if applicable) •Rentals of event equipment and supplies •Submission of site plan and emergency response plan •Pre-registration that does not exceed capacity •Adherence to the City’s Emergency Weather Standard Operating Procedure •Hiring of site security and police officers to monitor event operations (if applicable) Event Description: From November 24-26, 2023, the PABRT will host its second annual Black Joy Holiday Market as a holiday pop-up market that showcases local Black-owned businesses. The event will be hosted in partnership with Durham Family and Cultural Centre (DFCC) and the City of Pickering. It will be integrated into the existing “Winter Nights, City Lights” community initiative hosted by the City on November 24-25, 2023 (5:30 – 8:30 pm) and extended for one additional day on November 26, 2023 (12:00 – 5:00 pm). This event will coincide with a holiday food basket drive coordinated by the DFCC. The holiday season traditionally is a time when there is focus on food, community and fellowship, and values important within the Black community. The provision of Afro-diasporic food baskets aims to address food insecurity, alleviate financial hardship, and promote Black culture. The selection of the Afro-diasporic food basket recipients will be achieved by community nomination through the following networks: The Black Queens of Durham, Black Durham Region Support, Black Durham Community Support, Black Event Connections, Black Moms Connection, and Black Parents Connect Durham, identified on social media channels. Nominations will be collected and reviewed to ensure qualification and basket distribution will be done on a first-come, first-served basis to qualified families through pick up at the DFCC office or delivered by volunteers to families with limited access to transportation. - 87 -- 87 - CAO 10-23 October 23, 2023 Subject: Approval of “Black Joy Holiday Market” for the Page 3 Pickering Anti-Black Racism Taskforce (PABRT) Projected Budget Breakdown: Expense Description Amount Event Set up/Supplies Rental of tables, table cloths, chairs and related $1,500.00 Marketing and promotions Promotional materials, event photography 500.00 Entertainment Entertainment (e.g., DJ, performances) 1,500.00 Food Light Refreshments 750.00 Holiday Baskets/Meal Vouchers Baskets containing foods representative of the Afro- diaspora 2,500.00 Contingency Unexpected expenditures 750.00 TOTAL $7,500.00 The Black Joy Holiday Market is aligned with the PABRT’s Terms of Reference with respect to its mandate, goals and responsibilities to: •Identify barriers and areas of opportunity to enhance the shared experience and opportunities afforded to Black residents. •Identify and coordinate opportunities for stakeholder and community engagement. •Strengthen and support Black-led economic development and Black employment initiatives. •Support and promote the success of the Black community. At this time, City staff are requesting Council authorization for the second annual Black Joy Holiday Market led by the PABRT from November 24-26, 2023. Attachment: None. Prepared By: Approved/Endorsed By: Jaclyn San Antonio Mark Guinto Senior Advisor, Equity, Diversity & Inclusion Division Head, Public Affairs & Corporate Communications JSA Original Signed By:Original Signed By: - 88 -- 88 - CAO 10-23 October 23, 2023 Subject: Approval of “Black Joy Holiday Market” for the Page 4 Pickering Anti-Black Racism Taskforce (PABRT) Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 89 -- 89 - Report to Council Report Number: CLK 09-23 Date: October 23, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25 -Information Report and recommended updates to Procedure By-law #8019/23 -File: A-1440 Recommendation: 1.That Report CLK 09-23, regarding information pertaining to the Special Powers andDuties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25, and the recommended updates to Procedure By-law#8019/23 be received; 2.That the draft by-law, included as Attachment #1 to CLK 09-23, to amend Procedure By- law #8019/23 be approved; and, 3.That the appropriate City of Pickering Officials be authorized to take such actions as arenecessary to give effect to the recommendations in this Report. Executive Summary: The purpose of this report is to provide information to Council, staff and members of the public regarding the recent amendments to the Municipal Act, 2001, S.O. 2001, c.25 (the “Act”), as it pertains to special powers and duties of the Head of Council, commonly referred to as Strong Mayor Powers. The Act was amended by Bill 3, Strong Mayors, Building Homes Act, 2022 and Bill 39, Better Municipal Governance Act, 2022, which received Royal Assent on September 8, 2022, and December 8, 2022, respectively. Through these amendments, and O. Reg 530/22, the Special Powers were initially granted to the Mayor of the City of Ottawa. The Mayor of the City of Toronto also received these Special Powers under the City of Toronto Act, 2006, S.O. 2006, c.11, Sched. A. On July 1, 2023, O. Reg 530/22 was amended to provide the Strong Mayor Powers to an additional 26 large, and fast-growing Ontario municipalities, including the City of Pickering. As a result, this report provides an overview of the Strong Mayor Powers as well as recommended updates to the City’s Procedure By-law to reflect the process around the use of the Strong Powers in the course of conducting City Council business. As staff continue to understand the impacts of the Strong Mayor Powers through collaboration with the 26 other municipalities, future updates to the Procedure By-law may be required and staff will report back to Council in this regard as needed. - 90 -- 90 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 2 Financial Implications: There are no financial implications associated with this Report. Discussion: According to the Province of Ontario’s website, the implementation of Strong Mayor Powers was intended to offer tools to help the Mayors of designated municipalities to cut red tape and speed up the delivery of key shared municipal-provincial priorities such as housing, transit and infrastructure. The use of the Powers is tied to O. Reg. 580/22 which provides the following prescribed provincial priorities: 1.Building 1.5 million new residential units by December 31, 2031.2.Constructing and maintaining infrastructure to support housing, including:i.Transit, ii.Roads, iii.Utilities, and,iv.Servicing. Currently the Mayors of the municipalities of Ajax, Barrie, Brampton, Brantford, Burlington, Caledon, Cambridge, Clarington, Guelph, Hamilton, Kingston, Kitchener, London, Markham, Milton, Mississauga, Niagara Falls, Oakville, Oshawa, Ottawa, Pickering, Richmond Hill, St. Catherines, Toronto, Vaughan, Waterloo, Whitby, and Windsor have all been granted the Strong Mayor Powers. At the Association of Municipalities of Ontario (AMO) conference held in August 2023, it was announced that the Mayors of an additional 21 municipalities would be granted the Strong Mayor Powers effective October 31, 2023. Those municipalities include Aurora, Belleville, Brandford West Gwillimbury, Chatham-Kent, East Gwillimbury, Georgina, Greater Sudbury, Haldimand County, Halton Hills, Innisfil, Kawartha Lakes, New Tecumseth, Norfolk County, North Bay, Peterborough, Sarnia, Sault Ste. Marie, Thunder Bay, Welland, Whitchurch-Stouffville, and Woodstock. Through the coordinated efforts of the Association for Municipal Clerks and Treasurers of Ontario (AMCTO), municipal Clerks of the municipalities granted Strong Mayor Powers have been meeting regularly since July 1, 2023. These group discussions provide opportunities to share municipal best practices as well as support and guidance to one another as we navigate through the new provisions of the Municipal Act and their associated impacts. Overview of the Special Powers: The following table provides a list of the Strong Mayor Powers, how they may be used and whether any of the Powers can be delegated. As outlined in the table below, there are certain Powers that cannot be delegated, and only the Mayor can determine if they wish to exercise those Powers. In the absence of the Mayor, and those powers in which they may have delegated, the Special Powers cannot be utilized by the Deputy Mayor, Acting Mayor, or any other Member of Council. - 91 -- 91 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 3 Strong Mayor Power Use of the Power Can the Power be Delegated? Ability to provide direction to Must be done in writing and by the No municipal employees. next business day, provided to the Clerk, Chief Administrative Officer (CAO), each Member of Council, and posted publicly (subject to MFIPPA). Direction could be to undertake research, provide advice to the head of council on policies and programs as they relate to the powers and duties under this Part of the Act and to carry out duties and implement decisions made by the head under this Part. Ability to establish, dissolve, appoint chairs and vice-chairs and assign functions to a prescribed class of committees. In accordance with the Regulations, the prescribed class of committees includes only those committees that consist solely of Members of Council. For Pickering, this only applies to the Executive and Planning & Development Committees. This Power can be delegated but only to Council. Note: This Power has been delegated to Council under Mayoral Decision #02-2023. Ability to require Council to consider a particular matter that could advance a prescribed provincial authority. The Act states that the introduction of a matter under this Power is “despite any procedure by-law passed by the municipality.” To that end, there is no requirement for the Mayor to vacate the Chair, suspend the rules to introduce the matter, or for the matter to be moved or seconded to get it on the floor. If this Power was used, the head of council could add a matter to an agenda prior to its publication or introduce a matter at a Meeting for Council’s consideration. Once the matter is in front of Council, the normal rules of procedure to dispose of the item would apply as outlined in Attachment #1 and any proposed amendments or other No - 92 -- 92 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 4 Strong Mayor Power Use of the Power Can the Power be Delegated? motions pertaining to the matter would require a mover and seconder and would require a majority of Council to be carried unless otherwise provided for in the Procedure By-law. Ability to provide written Veto Powers under this Part of the Act No notice that the head of apply to by-laws under the Municipal council intends to veto a by-Act (with the exception of section 290 law if the head is of the pertaining to yearly budgets), the opinion it could potentially Planning Act and its regulations, interfere with a prescribed Section 2 of the Development Charges provincial authority. Act, and any other prescribed Act or regulation. To veto a by-law, the head shall provide notice to Council of the intent to consider vetoing the by-law. The notice must be in writing on or before the earlier of 2 days after the day Council voted in favour of the by- law or the prescribed deadline, if any. If notice was given of the intent to veto, the by-law is not deemed to have passed until the earlier of the day the head gives written approval of the by- law, or 14 days after the day Council voted in favour of the by-law. If no notice was given, the by-law is not deemed to have passed until the earlier of the day the head gives written approval of the by-law, or 2 days after the Council vote in favour of the by-law. The full process pertaining to vetoing a by-law is provided in Attachment #1. If the Mayor has no intent to veto a by-law, the standard practice is that a Mayoral Decision will be signed to that effect and posted publicly on the - 93 -- 93 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 5 Strong Mayor Power Use of the Power Can the Power be Delegated? Strong Mayors webpage on the City’s website. The Mayoral Decision to not veto a by-law(s) removes the need to wait for the 2 day waiting period before the by-laws can be acted upon by the Administration of the City. Ability to propose a by-law to Unlike the Power to require Council to No Council and require Council consider a matter, the use of this to consider and vote on the Power requires Council to not only by-law at a Meeting. consider but also to vote on the by-law. The head is required to provide a copy of the by-law and the reasons for it, to the Clerk and each Member of Council. The Act provides that “despite any procedure by-law passed by the municipality”, the adoption of the by- law under this Section of the Act only requires more than one-third of the Members of Council to vote in favour for the by-law to be passed. (This equates to 3 Members for Pickering Council). The Mayor is permitted to take part in the vote on the by-law. The rules under the Procedure By-law to defer, refer, or amend a by-law proposed under this section of the Act do not apply as Council is required to vote on the proposed by-law. It should be noted that if the by-law is proposed under legislation that requires certain notice provisions prior to a by-law being adopted (such as by- laws under the Planning Act), such notice requirements would still apply prior to the by-law being in front of Council for consideration and voting. - 94 -- 94 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 6 Strong Mayor Power Use of the Power Can the Power be Delegated? It should also be noted that the head cannot use its Strong Mayor Powers to propose a by-law under sections 238 (procedure by-law), 290 (budgets), and 263 (filling vacancies on Council) of the Act. The head shall prepare a proposed budget to council for the council’s consideration. The budget must be prepared and provided on or before February 1st each year and must include the estimates of sums required under subsection 290(1) of the Act. The proposed budget is provided to each Member of Council, the City Clerk, and the public. There are specific timeframes pertaining to the ability for Council to propose an amendment(s) to the budget, as well as specific timeframes for the Mayor to veto amendment(s) made by Council. Refer to Attachment #1 for the complete process and timelines. After such timeframes have expired, either by them being shortened, or the time period described in the Act expires, the budget is deemed adopted by the municipality. A municipal budget presented under Strong Mayor Powers does not require formal approval by way of a Council resolution. If the head does not propose a budget by February 1st, they forfeit their duty and their Powers to veto amendments and Council shall prepare and adopt the budget at a formal Meeting of Council. No but the Mayor forfeits the ability to prepare and propose a budget if the February 1st timeframe is not met. - 95 -- 95 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 7 Strong Mayor Power Use of the Power Can the Power be Delegated? Ability to dismiss/revoke A municipality’s powers pertaining to This Power can be appointment of, or appoint a the CAO are limited to the delegated but only CAO, under section 229 of appointment/dismissal of the CAO and to Council. the Municipal Act. do not include all the administrative duties that the CAO carries out. Note: The Mayor has retained this Power and has not delegated it to Council. Ability to determine the organizational structure of the municipality including the power to hire, dismiss or exercise any other prescribed employment powers respecting the head of any division or head of any other part of the organizational structure. As provided in the Act, there are exceptions to the hiring and dismissal of certain statutory positions being the Clerk/Deputy Clerk, Treasurer/Deputy Treasurer, Chief Building Official, Fire Chief, the Integrity Commissioner, and the Lobbyist Registrar. The “prescribed employment powers” have not yet been identified in the Regulations. This Power can be delegated to Council or the CAO. Note: This Power has been delegated to the CAO under Mayoral Decision #01-2023. Ability to appoint chairs and vice-chairs of prescribed local boards. The prescribed local boards have not yet been identified in the Regulations therefore this provision is dormant for the time being. The ability to delegate this Power is silent in the statute and the Regulations. As noted in the draft by-law appended as Attachment #1 to this Report, there are specific requirements when the Strong Mayor Powers are exercised. Notification to Council, the CAO and the public is required when the Mayor directs staff to undertake work, or when a Mayoral Decision is made using the Strong Mayor Powers. To ensure that these processes are transparent, a dedicated webpage has been created that provides a summary of the Mayor’s Powers and a listing of all Mayoral Directions and Decisions made to date. Attachment #1 to Report CLK 09-23 is a proposed Appendix to the Procedure By-law. It is being recommended with the intention of laying out a road map for circumstances where the Strong Mayor Powers are utilized, so that Council and the public understand how the process will be carried out. The intent of the Appendix is not to recommend endorsement or denial of the Strong Mayor Powers, as the Province has already written these Powers into legislation and the municipality has no jurisdiction to revoke them. Sections 284.10, 284.11 and 284.11.1 of the Act are expressly created and worded “despite any procedure by-law passed by the - 96 -- 96 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 8 municipality”. It is therefore important to provide some structure around their use for the sake of efficiency and consistency at Committee or Council Meetings. It should be noted that despite the power of City Council to approve the Procedure By-law, Council does not have the authority to amend or approve any by-law that does not align with provincial legislation. The new Appendix to the Procedure By-law which outlines the Strong Mayor Powers and how they may be used, is compliant with all applicable provincial legislation. It should be further noted that Section 284.14 of the Act provides that a decision made, or a veto power or other power exercised legally and in good faith under the Strong Mayor Powers shall not be quashed or open to review in whole or in part by any court because of the unreasonableness or supposed unreasonableness of the decision or exercise of the veto power or other power. The Mayor is the only individual who can determine whether the Strong Mayor Powers should be utilized and whether it pertains to the prescribed Provincial Priorities. There is no appeal process if a Member of Council, staff or the public disagrees with the use of the Power, and the provisions under the Procedure By-law to appeal the decision of the Chair, do not apply to the use of the Strong Mayor Powers. This report is presented to provide an overview of the Strong Mayor Powers imposed on the City of Pickering and to provide an understanding of the Powers should they be exercised at a future meeting(s). Staff are recommending the adoption of an amendment to the Procedure By-law to provide guidance and consistency should any of the Powers be exercised during a Meeting of a Standing Committee or Council. Attachments: 1. Draft By-law to Amend Procedure By-law 8019/23 2. Excerpt from the Municipal Act – Part VI.1, Special Powers and Duties of the Head of Council 3. Ontario Regulation 530/22 4. Ontario Regulation 580/22 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Susan Cassel City Clerk Paul Bigioni Director, Corporate Services & City Solicitor SC:sc - 97 -- 97 - CLK 09-23 October 23, 2023 Subject: Special Powers and Duties of the Head of Council (Strong Mayor Powers) Page 9 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 98 -- 98 - Attachment #1 to Report CLK 09-23 The Corporation of the City of Pickering By-law No. 8049/23 Being a by-law to amend Procedure By-law 8019/23, being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of Meetings Whereas subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, (the “Act”), provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings; And Whereas Procedure By-law #8019/23 was enacted by Council on June 26, 2023; And Whereas on September 8, 2022 and December 8, 2022, the Act was amended by Bill 3, Strong Mayors, Building Homes Act, 2022, and Bill 39, Better Municipal Governance Act, 2022 respectively, to grant special powers and duties to the Head of Council; And Whereas on July 1, 2023, the Act was further amended through O. Reg. 530/22, to grant the Heads of Council in 26 additional municipalities such special powers and duties, including the Head of Council for the City of Pickering; And Whereas the exercise of these special powers impact certain provisions of the Procedure By-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That By-law #8019/23 be amended by adding the attached Schedule “A” which shallform part of the By-law; By-law passed this 23rd day of October, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 99 -- 99 - By-law No. 8049/23 Page 2 Schedule “A” Attached to and forming part of By-law #8019/23 The following excerpts from the Municipal Act (the “Act”), pertaining to the exercise of the Special Powers and duties provided to the Mayor as the Head of Council for the City of Pickering, and the provisions that follow, are provided to inform Council and the public on the process to be carried out when the Special Powers are utilized. These Special Powers, commonly referred to as “Strong Mayor Powers”, are exercised under provincial legislation and take precedence over the normal rules of procedure outlined in this By-law, where applicable. 1.Directions to municipal employees Excerpt from the Municipal Act: 284.3 For the purposes of exercising powers or performing duties under this Part, the head of council may, in writing, exercise the powers of the municipality to direct municipal employees to, (a)undertake research and provide advice to the head of council and the municipality on policies and programs of the municipality or of the head of council as they relateto the powers and duties under this Part; and (b)carry out duties related to the exercise of the power or performance of the duty,including implementing any decisions made by the head of council under this Part. Procedural Provisions: 1.1 Should the Powers granted under section 284.3 of the Act be exercised, Section 27.02 of this By-law that requires direction to staff to be in the form of a motion shall not apply to the Mayor. 1.2 Direction to staff under the Strong Mayor Powers shall be in writing through a Mayoral Direction and provided to the Clerk and the CAO by the next business day for circulation to all Members of Council, and posting on the City’s website. 1.3 Direction to staff by the Mayor under this power to undertake research and provide advice, may include but are not limited to direction that staff report back and/or bring forward recommendations on a particular matter. 1.4 In these instances, staff may bring forward a Recommendation Report which shall be presented to the appropriate Standing Committee or Council, in accordance with the provisions of this By-law. 1.5 Should there be a By-law associated with the staff report and the Mayor indicates that the proposed By-law is being presented in accordance with subsection 284.11.1 of the Act, this will be indicated in the staff report and on the Council agenda in which the By-law is being presented. 1.6 In accordance with subsection 284.11.1(2) of the Act, Council is required to consider and vote on a By-law presented by the Mayor under the Strong - 100 -- 100 - Mayor Powers, and the By-law requires only one-third of the Members of Council (3 Members) to be adopted. See Section 5 of Schedule “A” for further details. 2.Powers regarding committees Excerpt from the Municipal Act: 284.8 Subject to the regulations, if any, the following powers of the municipality with respect to prescribed committees, or committees within a prescribed class of committees,are assigned to the head of council: 1.The power to establish or dissolve committees. 2.The power to appoint chairs and vice-chairs of committees. 3.The power to assign functions to committees. Procedural Provisions: 2.1 The Powers provided under subsection 284.8, and in accordance with O. Reg. 530/22, relate only to those committees that consist solely of Members of Council. For the City of Pickering, the only Committees comprised solely of Members of Council are the City’s two Standing Committees, the Executive Committee and the Planning & Development Committee. The Powers do not apply to the City’s Advisory Committees, Boards, or Taskforces. 2.2 Under the Act, the Mayor may choose to delegate these Powers, and if delegated, they may only be delegated to Council. 2.3 If the Mayor has delegated this Power to Council, the establishment, function and appointment of the Chairs of the Standing Committees are carried out in accordance with Sections 05.03 and 07.03 of this By-law which may be repealed, replaced or amended by Council from time to time. 3.Powers regarding meetings Excerpt from the Municipal Act: 284.10 (1) Despite any procedure by-law passed by the municipality under subsection 238(2), if the head of council is of the opinion that considering a particular matter couldpotentially advance a prescribed provincial priority, the head of council may require thecouncil to consider the matter at a meeting. Procedural Provisions: 3.1 Under subsection 284.10(2) of the Act, “meeting” has the same meaning as in subsection 238(1) of the Act and “Meeting” has the same meaning in this By-law. 3.2 The manner in which a matter may be brought forward by the Mayor under this section is not prescribed in the Act. 3.3 The matter could be verbal or written, and Council is required to consider the matter, which would occur at a Standing Committee or Council Meeting. Despite the provisions of this By-law, a matter introduced by the Mayor under their By-law No. 8049/23 Page 3 - 101 -- 101 - By-law No. 8049/23 Page 4 Special Powers shall be heard under the “Matters for Consideration” section of a Standing Committee or Special Council agenda or the “New and Unfinished Business” section of a Council Agenda. If the matter is provided to the Clerk prior to the publication of an agenda, the Clerk shall place the matter on the agenda as noted above. Should the Mayor bring forward a matter for Council’s consideration at a Standing Committee Meeting, the matter would be presented to the subsequent Council Meeting as part of that Standing Committee Report in accordance with Section 16 of this By-law. 3.4 As stated in the Act, the matter may be introduced despite any procedure by-law adopted by the municipality, and therefore Section 17.02 of this By-law shall not apply and there is no requirement for the Mayor to obtain the approval of Two-Thirds of the Members of Council present at a Meeting to introduce the matter. If using this power, the Mayor is also not obligated to follow the process outlined in Section 18 of this By-law as it pertains to Notices of Motion. 3.5 This special power allows for the Mayor to require Council to consider a matter, however, the disposal of the matter would be by way of a vote of Council and would require a majority of the members present at the Meeting to pass unless otherwise provided in this By-law. 3.6 Despite Section 27.01 of this By-law, the matter being presented by the Mayor under the Special Powers is not required to have a mover or seconder and shall be voted on at the request of the Mayor. 3.7 Despite section 3.6 above, and upon such time that the matter is before Council, the normal rules of procedure contained in this By-law shall apply. Any attempts to amend a matter proposed by the Mayor or propose a motion to refer or defer the matter shall require a mover and seconder and a majority vote of the Members present to pass unless otherwise provided in this By-law. 4.Veto powers Excerpt from the Municipal Act: 284.11 (1) This section applies with respect to by-laws under, (a)this Act and the regulations, other than under any prescribed section; (b)the Planning Act and its regulations, other than any prescribed section; and (c)any other prescribed Act or regulation or prescribed section of an Act or regulation. (2)Despite any procedure by-law passed by the municipality under subsection 238 (2) andsubject to subsection (3) of this section, if the head of council is of the opinion that all or part of a by-law that is subject to this section could potentially interfere with a prescribedprovincial priority, the head of council may provide written notice to the council of the intentto consider vetoing the by-law. Procedural Provisions: 4.1 At each Regular or Special Meeting of Council, the Mayor will be provided with a Mayoral Decision document indicating that they will not be using their power to veto any of the by-laws adopted at that Meeting, including the Confirmatory By- - 102 -- 102 - law. Once this Mayoral Decision is signed and submitted to the Clerk, all by-laws adopted at the Meeting are deemed to be passed. 4.2 If the Mayor chooses not to sign the Mayor Decision, or decides to exercise the special power of vetoing a By-law, the Mayor shall, in accordance with the Act, provide the intent to veto in a written veto document after the Meeting in which the By-law(s) was passed. 4.3 The Act requires the Mayor to give written notice of their intent to veto a by-law on or before the earlier of 2 days after the day Council voted in favour of the by- law. 4.4 The written intent to veto a By-law shall be provided to the Clerk, the CAO, all Members of Council, and posted publicly on the City’s website. 4.5 After the Mayor provides notice of their intent to veto a By-law, the Mayor has 14 days after the day Council voted in favour of the by-law to provide the Clerk with a written veto document. 4.6 The written veto document must include the veto and the reasons for the veto. 4.7 The Clerk shall provide the veto document to all Members of Council, the CAO, and the public, by the next business day after it is received. 4.8 If the Mayor vetoes a by-law, the by-law is deemed not to have been passed by Council. 4.9 Use of the veto Powers to veto a confirmatory by-law shall not negate all other proceedings or items that were adopted under such by-law except those that in the opinion of the Mayor could potentially interfere with a prescribed provincial priority. In such cases, all other matters aside from the one being vetoed, that were confirmed under the Confirmatory By-law for that Meeting, shall be carried out. 4.10 Within 21 days after the day the Clerk provides the written veto document to Council, the CAO, and the public, Council may override the Mayor’s veto if Two-Thirds of the Members of Council vote in favour of the override. Note: the legislation does not refer to Members of Council present and voting, but Members of Council as a whole. Two-Thirds of the total number of Members of Council equates to 5 of the 7 Members of Pickering Council. 4.11 The Mayor may vote as a Member of Council in a vote to override a veto. 4.12 If the override of the Mayor’s veto passes by the required Two-Thirds majority vote, the by-law shall be deemed to have passed on the day the Council votes to override the veto. 4.13 If the Mayor’s veto is not overridden, the by-law shall be deemed not to have been passed by Council, and it shall be indicated as such on the By-law for record keeping purposes. 4.14 If any of the timelines noted above expire, (e.g. the 2 days for the Mayor to give intent to veto, or the 14 days whereby the veto and the reasons for the veto are to be given to the Clerk), the Mayor may not exercise their power to veto the By-law, and the By-law is deemed to be adopted by the municipality on the day after the respective timeline has expired. 4.15 Should Members of Council wish to attempt to override the Mayor’s veto of a By-law, the matter would be carried out at a Special Meeting of Council. The calling of such Special Meeting would be either by the Mayor, or by way of a petition of a majority of the Members of Council in accordance with Section 05.04 of this By-law. By-law No. 8049/23 Page 5 - 103 -- 103 - By-law No. 8049/23 Page 6 4.16 The Clerk shall have the authority to amend the effective date of a by-law if necessary, should the Mayor exercise their power to veto the by-law and/or Council successfully overrides the Mayor’s veto. 5.Powers regarding by-laws Excerpt from the Municipal Act: 284.11.1 (1) This section applies with respect to by-laws under, (a)this Act and the regulations, other than under any prescribed section; (b)the Planning Act and its regulations, other than under any prescribed section; and (c)any other prescribed Act or regulation or prescribed section of an Act or regulation. (2)Despite any procedure by-law passed by the municipality under subsection 238 (2) andsubject to any prescribed requirements, if the head of council is of the opinion that a by-lawcould potentially advance a prescribed provincial priority, the head of council may proposethe by-law to the council and require the council to consider and vote on the proposed by-law at a meeting. (3)The head of council shall, in accordance with the regulations, provide to the clerk and toeach member of council, (a)a copy of any by-law proposed under subsection (2); and(b)the head of council’s reasons for the proposal. (4)Despite any procedure by-law passed by the municipality under subsection 238 (2) and despite section 245, a by-law described in subsection (2) is passed if more than one third ofthe members of council vote in favour of the by-law. (5)For greater certainty, the head of council may vote as a member of council in a vote topass a by-law described in subsection (2). Procedural Provisions: 5.1 Subsection 284.11.1 provides a special power for the Mayor to propose a by-law if in their opinion, it could potentially advance a prescribed provincial priority as described in O. Reg. 580/22. 5.2 In such instances, the Act requires that Council not only consider the by-law, but that they must vote on the proposed by-law. 5.3 In introducing a By-law, the Mayor must provide a copy of the by-law to the Clerk and all Members of Council along with the reasons for its proposal. 5.4 If the by-law can be provided to the Clerk prior to a Council Meeting, the Clerk shall include the proposed By-law on the appropriate Council agenda under the By-laws section with a notation that the By-law is being introduced under subsection 284.11.1 of the Act. 5.5 A by-law introduced under this special power is passed if more than one-third of the Members of Council vote in favour of the by-law. Despite Section 27.01 of - 104 -- 104 - this By-law, there is no requirement for the By-law to be moved or seconded prior to it going to a vote. The Council shall vote on the proposed by-law at the request of the Mayor. 5.6 As noted above in Section 4, Veto Powers, the legislation does not refer to Members of Council present and voting, but Members of Council as a whole. This results in the need for at least 3 of the 7 Members of Pickering Council to vote in favour of passing the by-law. 5.7 The Mayor may vote as a Member of Council in a vote to adopt a by-law proposed under this section of the Act. 5.8 Despite the need for only one-third of the Members to vote in favour of the by-law, the by-law must still be considered at a proper Meeting of Council which requires the need to obtain quorum to hold such meeting (4 of 7 Members). 5.9 Section 19.01 of this By-law shall not apply to by-laws introduced by the Mayor under the Strong Mayor Powers. In order that the minimum one-third vote can be ascertained to pass a by-law introduced under this section of the Act, the by-law shall be voted on separately. 5.10 Sections 19.02 and 19.03 of this By-law shall apply to all by-laws passed at a Meeting of Council, however, prior to the by-law being signed by the Mayor and the Clerk and sealed with the seal of the Corporation, it is not considered to have passed until such time that a Mayoral Decision to not exercise the Mayor’s ability to veto the by-law(s) has been signed by the Mayor, or the mandatory two days for the Mayor to give notice of their intent to veto the by-law(s) following the date of the Council resolution approving the by-law(s) has passed. 5.11 The Special Powers under this section of the Act do not apply to by-laws under Sections 238 (Procedure By-law), 290 (yearly budget for local municipalities), and 263 (filling vacancies on Council) of the Act. 5.12 A by-law presented under the Strong Mayor Powers cannot be deferred, referred, tabled, or amended and until a vote is taken on the by-law, a motion to adjourn would not be in order. 5.13 The Clerk shall have the authority to amend the effective date of a by-law if necessary, should there be a need to wait for the mandatory two days for the Mayor to give notice of their intent to veto the by-law. 6.Immunity Excerpt from the Municipal Act: 284.14 A decision made, or a veto power or other power exercised, legally and in goodfaith under this part shall not be quashed or open to review in whole or in part by any courtbecause of the unreasonableness or supposed unreasonableness of the decision or exercise of the veto power or other power. Procedural Provisions: 6.1 Throughout the parts of the Act pertaining to Strong Mayor Powers, there are instances that speak to the use of the Powers if the Head of Council is of the opinion that it could advance or interfere with the Provincial Priorities as set out in O. Reg. 580/22. By-law No. 8049/23 Page 7 - 105 -- 105 - By-law No. 8049/23 Page 8 6.2 The Mayor as the Head of Council is the only individual who can decide how and when to exercise the Special Powers and there is no appeal process if a member of the public, staff or Council disagrees. 6.3 Section 24.13 of this By-law, Appeal of Decision of Chair, shall not apply to the Mayor’s decision to bring forward a matter or by-law in accordance with the provisions of the Special Powers under the Act. 7.Powers and duties regarding budget Excerpt from the Municipal Act: 284.16 (1) In accordance with this section and subject to the regulations, the powers and duties of a municipality with respect to proposing and adopting a budget are assigned tothe head of council of the municipality. (2)The head of council shall, in accordance with the regulations, prepare a proposedbudget for the municipality and provide the proposed budget to the council for the council’s consideration. Procedural Provisions: 7.1 In order to exercise the Special Powers relating to preparing and proposing a budget, the budget must be provided to all Members of Council, the Clerk and the public on or before February 1st of each year. The direction for staff to prepare the budget for the Mayor’s consideration, shall be communicated by way of a Mayoral Direction that shall be provided to Members of Council, the CAO, the Clerk, and posted publicly on the City’s website. 7.2 Should the Mayor not exercise their Powers to prepare and propose a budget by February 1st, they lose their Powers to veto any budget recommendations/ decisions adopted by Council. 7.3 Should the Mayor have a conflict under the Municipal Conflict of Interest Act (MCIA) on a part of the budget, they are prohibited from using their Special Powers with respect to the matter in which they have the conflict. In these instances, Council would have control over the section of the budget in which the Mayor declares a conflict and Council may dispose of that section of the budget as it deems appropriate and the Mayor cannot veto the resolution in which they have declared a conflict. 7.4 It should be noted that if the Mayor intends on using this Special Power to propose and prepare the annual budget, and the budget is provided in accordance with the Act on or before February 1st, Section 05.03 c) of this By-law pertaining to the Executive Budget Meeting shall not apply and there is no requirement under the Act for the budget to be adopted by Council. 7.5 Upon notice from the Mayor that they will utilize their Special Powers to prepare and propose an annual budget, the Clerk shall not include the Executive Committee Budget dates on the annual Committee and Council Meeting Schedule as outlined in Section 05.03 c). If the notice from the Mayor occurs after the annual Meeting Schedule has been adopted, it shall be understood that the Executive Committee budget dates included on the Schedule will not take - 106 -- 106 - place and notice shall be provided to Council to cancel the Meeting in accordance with Section 06.03 of this By-law. 7.6 After receiving the proposed budget, and within 30 days, Council may pass a resolution to make an amendment(s) to the proposed budget. The 30-day time frame may be shortened by a resolution of the majority of the Members of Council at a Meeting. 7.7 Members of Council looking to bring forward an amendment(s) to the budget shall consult with the Director, Finance & Treasurer to understand the financial impacts of the proposed amendment(s). 7.8 The amendment(s) would be considered and disposed of at a Special Meeting of Council called either by the Mayor, or by way of a petition of a majority of the Members of Council in accordance with Section 05.04 of this By-law. Amendments to the proposed budget would require a majority vote of the Members present and voting to be carried. 7.9 If Council does not propose an amendment within 30 days of receiving the proposed budget, the budget is deemed to be adopted by the municipality. 7.10 If a Special Meeting is held to consider amendment(s) to the budget, after such Meeting, the Mayor may veto the resolution(s). 7.11 To exercise this special power of vetoing a budget resolution(s), the Mayor must, within 10 days after the expiry of the time period for Council to pass a resolution to amend the budget, or the shortened timeframe approved by Council, provide a written veto document that includes the veto and the reasons for the veto. The veto document shall be provided to the Clerk, CAO, and each Member of Council. The 10-day timeframe may be shortened by the Mayor if provided in writing through a Mayoral Decision which shall be provided to each Member of Council, the CAO, and the Clerk and posted publicly on the City’s website. 7.12 If the Mayor vetoes a budget resolution, the resolution shall be deemed not to have been passed by Council. If the Mayor does not veto a budget resolution, within 10 days, or the shorter period if set by the Mayor, the resolution stands and the amended budget is deemed adopted by the municipality. 7.13 In accordance with the Act, and if the Mayor exercises their right to veto, the veto may be overridden if Two-Thirds of the Members of Council (5 Members) vote to override it. A resolution to override the Mayor’s veto must be done within 15 days after the expiry of the time period for the Mayor to veto a budget resolution, or the shortened timeframe as the case may be. 7.14 The 15-day timeframe may be shortened by resolution of the majority of the Members of Council at a Meeting. 7.15 The attempt to override a veto of a budget resolution would be carried out at a Special Meeting of Council which would be called either by the Mayor or by way of a petition of a majority of the Members of Council in accordance with Section 05.04 of this By-law. As noted in earlier sections of this Schedule, the legislation does not refer to Members present and voting, but Members of Council as a whole. To obtain the required Two-Thirds vote, 5 of the 7 Members of Pickering Council would need to vote in favour to override the Mayor’s veto. The Mayor may vote as a Member of Council in a vote to override a veto. 7.16 If the veto of a resolution to amend the budget is not successfully overridden by Council, the budget is deemed to be adopted and the resolution to amend the budget shall be deemed not to have been passed by Council. By-law No. 8049/23 Page 9 - 107 -- 107 - By-law No. 8049/23 Page 10 8.General a)The use of the Special Powers and duties of the Mayor pertaining to the requirement forCouncil to consider a matter, consider and vote on a by-law, or to veto a by-law, are to be in keeping with the Provincial Priorities set out in O. Reg. 580/22. b)In accordance with Section 27.12 a) of this By-law, suspension of the rules does notapply to the use of the Strong Mayor Powers.c)If the Mayor exercises a power or performs a duty under the Special Powers of the Act,they shall do so in accordance with the Regulations. d)In the spirit of transparency, all Mayoral Directions and Decisions shall be posted publicly on the City’s website subject to any exceptions under the Municipal Freedom ofInformation and Protection of Privacy Act (MFIPPA).e)The Mayor may delegate their Powers and duties with respect to the ChiefAdministrative Officer and Committees only to Council. f)The Mayor may delegate their Powers and duties with respect to the organizational structure of the municipality to Council or the Chief Administrative Officer if one isappointed.g)Should the Mayor be in the Chair, and wish to utilize their Special Powers to introduce amatter, they are not required to vacate the Chair as outlined in Section 03.02 j) of this By-law. h)The additional Powers and duties bestowed upon the Head of Council under the Act arenot transferable and do not apply to a Deputy Mayor, Acting Mayor, or any otherMember of Council as the case may be.i)Should a vacancy occur in the Office of the Head of Council, in accordance with the Act, the vacancy shall be filled through a by-election under the Municipal Elections Act and the Strong Mayor Powers would then be afforded to the newly elected Head of Council.j)Notwithstanding clause i) above, if the vacancy occurs after March 31st in the year of aregular election, the municipality shall fill the vacancy by appointing a person who hasconsented to accept the office if appointed. The Special Powers and duties in this instance shall not be given to the newly appointed Mayor or to the Council, and are therefore not allowed to be exercised until a new head of council is duly elected in thenext regular election. - 108 -- 108 - Attachment #2 to CLK 09-23 Municipal Act, 2001 S.O. 2001, CHAPTER 25 Consolidation Period: From June 8, 2023 to the e-Laws currency date. Last amendment: 2023, c. 10, Sched. 5. PART VI.1 SPECIAL POWERS AND DUTIES OF THE HEAD OF COUNCIL Application 284.2 The Minister may, by regulation, designate municipalities to which this Part applies. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Directions to municipal employees 284.3 For the purposes of exercising powers or performing duties under this Part, the head of council may, in writing, exercise the powers of the municipality to direct municipal employees to, (a)undertake research and provide advice to the head of council and the municipality on policies and programs of the municipality or of the head of councilas they relate to the powers and duties under this Part; and (b)carry out duties related to the exercise of the power or performance of the duty,including implementing any decisions made by the head of council under thisPart. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) In writing 284.4 (1) If the head of council exercises a power or performs a duty under this Part, the head of council shall do so in writing and in accordance with the regulations, if any. 2022, c. 18, Sched. 2, s. 1. Making information available (2)The head of council shall, in accordance with the regulations, make any prescribed information and documents available to the public and to any other prescribed personsor classes of persons. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) - 109 -- 109 - Powers re chief administrative officer 284.5 The powers of a municipality under section 229, with respect to the chief administrative officer, are assigned to the head of council. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Powers re organizational structure 284.6 (1) Subject to subsection (3), the powers of the municipality with respect to determining the organizational structure of the municipality are assigned to the head of council. 2022, c. 18, Sched. 2, s. 1. Employment matters (2)Subject to subsection (3) and the regulations, subsection (1) includes the power to hire, dismiss or exercise any other prescribed employment powers with respect to thehead of any division or the head of any other part of the organizational structure. 2022,c. 18, Sched. 2, s. 1. Limitation (3)The powers assigned under subsection (1) do not include the power to hire, dismissor exercise any other prescribed employment powers with respect to any of thefollowing persons: 1.The clerk or deputy clerk. 2.A treasurer or deputy treasurer. 3.An Integrity Commissioner. 4.An Ombudsman. 5.An Auditor General. 6.A registrar, as described in section 223.11. 7.A chief building official, as defined in the Building Code Act, 1992. 8.A chief of police, as defined in the Police Services Act. 9.A fire chief, as defined in the Fire Protection and Prevention Act, 1997. 10.A medical officer of health, as defined in the Health Protection and PromotionAct. 11.Other officers or heads of divisions required to be appointed under this or any other Act. 12.Any other prescribed persons. 2022, c. 18, Sched. 2, s. 1. - 110 -- 110 - Transition (4)Any organizational structure in place in a municipality immediately before being designated under this Part shall continue unless the organizational structure is changed by the head of council under subsection (1). 2022, c. 18, Sched. 2, s. 1. Same (5)The head of any division or of any other part of the organizational structure who held that position immediately before the municipality was designated under this Part shall continue in that position unless they are dismissed by the head of council undersubsection (2). 2022, c. 18, Sched. 2, s. 1. Same (6)A head of council may exercise a power under subsection (2) with respect to aperson regardless of when that person started their employment. 2022, c. 18, Sched. 2,s. 1. Section Amendments with date in force (d/m/y) Powers re local boards 284.7 The power of the municipality to appoint chairs and vice-chairs of local boards is assigned to the head of council for any prescribed local board or local board within a prescribed class of local boards. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Powers re committees 284.8 Subject to the regulations, if any, the following powers of the municipality with respect to prescribed committees, or committees within a prescribed class of committees, are assigned to the head of council: 1.The power to establish or dissolve committees. 2.The power to appoint chairs and vice-chairs of committees. 3.The power to assign functions to committees. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Provincial priorities 284.9 (1) The Lieutenant Governor in Council may, by regulation, prescribe provincial priorities for the purposes of sections 284.10, 284.11 and 284.11.1. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 5 (1). - 111 -- 111 - Same (2)For greater certainty, sections 284.10, 284.11 and 284.11.1 only apply if the Lieutenant Governor in Council prescribes provincial priorities. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 5 (2). Section Amendments with date in force (d/m/y) Powers re meetings 284.10 (1) Despite any procedure by-law passed by the municipality under subsection 238 (2), if the head of council is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority, the head of council may require the council to consider the matter at a meeting. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 6. Interpretation (2)In this section, “meeting” has the same meaning as in subsection 238 (1). 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Veto powers Application 284.11 (1) This section applies with respect to by-laws under, (a)this Act and the regulations, other than under any prescribed section; (b)the Planning Act and its regulations, other than any prescribed section; and (c)any other prescribed Act or regulation or prescribed section of an Act or regulation. 2022, c. 18, Sched. 2, s. 1. By-law for consideration (2)Despite any procedure by-law passed by the municipality under subsection 238 (2)and subject to subsection (3) of this section, if the head of council is of the opinion that all or part of a by-law that is subject to this section could potentially interfere with a prescribed provincial priority, the head of council may provide written notice to thecouncil of the intent to consider vetoing the by-law. 2022, c. 18, Sched. 2, s. 1; 2022, c.24, Sched. 3, s. 7. Same, timing - 112 -- 112 - (3) If the head of council intends to consider vetoing the by-law, the head of council shall provide the written notice described in subsection (2) on or before the earlier of two days after the day council voted in favour of the by-law or the prescribed deadline, if any. 2022, c. 18, Sched. 2, s. 1. By-law commencement (4) Despite any other Act, a by-law that is subject to this section shall be deemed not to have been passed by council until, (a) if notice has not been given under subsection (3), the earlier of, (i) the day written approval of the by-law is given by the head of council to the municipality, and (ii) two days after the day council voted in favour of the by-law or the prescribed deadline, as the case may be; or (b) if notice has been given under subsection (3), the earlier of, (i) the day written approval of the by-law is given by the head of council to the municipality, and (ii) 14 days, or such other prescribed time period, after the day the council voted in favour of the by-law. 2022, c. 18, Sched. 2, s. 1. Veto powers (5) Subject to subsection (6), if the head of council is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority, the head of council may veto the by-law by providing to the clerk, on the day of the veto, a written veto document that includes the veto and the reasons for the veto. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 7. Same, timing (6) The head of council shall not veto a by-law after giving approval under subclause (4) (b) (i) or after the expiry of the time period described in subclause (4) (b) (ii), as the case may be. 2022, c. 18, Sched. 2, s. 1. Duties of clerk (7) If the head of council vetoes a by-law the clerk shall, - 113 -- 113 - (a) by the next business day after the clerk receives the written veto document under subsection (5), provide each member of council, other than the head of council, a copy of the written veto document; and (b) make the written veto document available to the public in accordance with the regulations, if any. 2022, c. 18, Sched. 2, s. 1. Effect of veto (8) If the head of council vetoes a by-law, clause (4) (b) does not apply and the by-law shall be deemed not to have been passed by council. 2022, c. 18, Sched. 2, s. 1. Override of veto (9) Within 21 days, or such other prescribed time period, after the day the clerk provides the written veto document to the members of council under clause (7) (a), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto. 2022, c. 18, Sched. 2, s. 1. Head of council may vote (10) For greater certainty, the head of council may vote as a member of council in a vote to override a veto. 2022, c. 18, Sched. 2, s. 1. Effect of override (11) If the council overrides the veto, subsection (8) does not apply and the by law shall be deemed to have passed on the day the council votes to override the veto. 2022, c. 18, Sched. 2, s. 1. No notice (12) The head of council shall not give notice under subsection (3) after giving approval under subclause (4) (a) (i). 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Powers re by-laws 284.11.1 (1) This section applies with respect to by-laws under, (a) this Act and the regulations, other than under any prescribed section; (b) the Planning Act and its regulations, other than under any prescribed section; and (c) any other prescribed Act or regulation or prescribed section of an Act or regulation. 2022, c. 24, Sched. 3, s. 8. - 114 -- 114 - Procedure (2)Despite any procedure by-law passed by the municipality under subsection 238 (2) and subject to any prescribed requirements, if the head of council is of the opinion that a by-law could potentially advance a prescribed provincial priority, the head of councilmay propose the by-law to the council and require the council to consider and vote onthe proposed by-law at a meeting. 2022, c. 24, Sched. 3, s. 8. Same (3)The head of council shall, in accordance with the regulations, provide to the clerkand to each member of council, (a)a copy of any by-law proposed under subsection (2); and (b)the head of council’s reasons for the proposal. 2022, c. 24, Sched. 3, s. 8. More than one-third vote required (4)Despite any procedure by-law passed by the municipality under subsection 238 (2)and despite section 245, a by-law described in subsection (2) is passed if more thanone third of the members of council vote in favour of the by-law. 2022, c. 24, Sched. 3, s. 8. Head of council may vote (5)For greater certainty, the head of council may vote as a member of council in a voteto pass a by-law described in subsection (2). 2022, c. 24, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) Vacancy, head of council 284.12 (1) Despite section 263, if a vacancy occurs in the office of the head of council, the municipality shall, subject to subsection (3) and in accordance with the regulations, if any, require a by-election to be held, in accordance with the Municipal Elections Act, 1996, to fill the vacancy. 2022, c. 18, Sched. 2, s. 1. Rules applying to filling vacancy (2)Subject to subsection (3) and the regulations, if any, the following rules apply to filling a vacancy in the office of head of council: 1.Within 60 days after the day a declaration of vacancy is made under section 262with respect to the vacancy, the municipality shall pass a by-law requiring a by-election be held to fill the vacancy. - 115 -- 115 - 2.Despite paragraph 1, if a court declares the office of head of council to be vacant,the council shall act under subsection (1) within 60 days after the court makes itsdeclaration. 3.Despite subsection (1), if the vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy. 2022, c. 18,Sched. 2, s. 1. Vacancy after March 31 in the year of a regular election (3)Subject to the regulations, if any, if a vacancy in the office of head of council occurs after March 31 in the year of a regular election, (a)within 60 days after the day a declaration of vacancy is made under section 262with respect to the vacancy, the municipality shall fill the vacancy by appointing aperson who has consented to accept the office if appointed; and (b)the municipality is deemed not to be prescribed for the purposes of this Part forthe remainder of the term of the head of council appointed under clause (a).2022, c. 18, Sched. 2, s. 1. Vacancy — upper-tier municipalities (4)The Minister may, by regulation, prescribe the procedures, rules and other matterspertaining to vacancies in upper-tier municipalities that will apply despite anything in thissection. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Delegation 284.13 (1) Subject to the prescribed limitations, if any, the head of council may delegate their powers and duties under the following sections: 1.Section 284.5 (chief administrative officer). 2.Section 284.6 (organizational structure). 3.Section 284.7 (local boards). 4.Section 284.8 (committees). 2022, c. 18, Sched. 2, s. 1. Same (2)The rules in subsection 23.1 (2) apply with necessary modifications to a delegation under subsection (1). 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) - 116 -- 116 - Immunity 284.14 A decision made, or a veto power or other power exercised, legally and in good faith under this part shall not be quashed or open to review in whole or in part by any court because of the unreasonableness or supposed unreasonableness of the decision or exercise of the veto power or other power. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Transition 284.15 (1) A person who held one of the following positions immediately before the municipality was designated under this Part shall continue in that position unless they are dismissed or their appointment is revoked, as the case may be, by a head of council: 1.Chief administrative officer. 2.Chair or vice-chair of a local board. 3.Chair or vice-chair of a committee. 2022, c. 18, Sched. 2, s. 1. Same (2)A head of council may dismiss or revoke the appointment of a person set out insubsection (1) regardless of when that person started in their position. 2022, c. 18,Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Powers and duties re. budget 284.16 (1) In accordance with this section and subject to the regulations, the powers and duties of a municipality with respect to proposing and adopting a budget are assigned to the head of council of the municipality. 2022, c. 18, Sched. 2, s. 1. Proposed budget (2)The head of council shall, in accordance with the regulations, prepare a proposedbudget for the municipality and provide the proposed budget to the council for the council’s consideration. 2022, c. 18, Sched. 2, s. 1. Council may adopt or amend budget (3)After receiving the proposed budget, council may, in accordance with theregulations, pass a resolution making an amendment to the proposed budget. 2022, c. 18, Sched. 2, s. 1. - 117 -- 117 - Veto power (4)The head of council may, in accordance with the regulations, veto a resolution passed under subsection (3). 2022, c. 18, Sched. 2, s. 1. Override of veto (5)Council may, in accordance with the regulations, override the head of council’s vetounder subsection (4) if two-thirds of the members of council vote to override the veto. 2022, c. 18, Sched. 2, s. 1. Adoption of budget (6)The budget for the municipality shall be adopted in accordance with the regulations.2022, c. 18, Sched. 2, s. 1. Same (7)For greater certainty, the regulations may provide for the circumstances in which thebudget is deemed to be adopted. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) Regulations 284.17 (1) The Minister may make regulations for the purposes of this Part, including, (a)designating municipalities for the purposes of section 284.2; (b)requiring a head of council to make information and documents available to the council, the public and other persons or classes of persons and prescribing theinformation and documents to be made available; (c)respecting the form, manner and timing in which information and documents areto be made available to the council, the public or other persons or classes of persons; (d)respecting procedures and rules a head of council, a council and the clerk arerequired to follow in connection with this Part; (e)respecting the powers assigned to the head of council in connection withcommittees, for the purposes of section 284.8; (f)governing by-elections with respect to the office of head of council for the purposes of section 284.12; (g)respecting procedures, rules and other matters in connection with filling avacancy in the office of head of council; - 118 -- 118 - (h)providing for such transitional matters as the Minister considers necessary oradvisable in connection with the implementation of this Part; (i)defining, for the purposes of this Part and any regulations under this Part, any word or expression not defined in section 1 of this Act, and in so doing may define a word or expression differently for different provisions; (j)respecting the use of powers and performance of duties under this Part, includingrespecting conditions and limits with respect to their use or performance; (k)providing that a head of council cannot use a power or perform a duty, assigning those powers and duties to a council and prescribing procedures, rules and other matters in connection with such circumstances; (l)prescribing provisions of the Act or any other Act that apply or do not apply for thepurposes of this Part and providing for such modifications to those provisions asthe Minister considers appropriate; (m)prescribing deadlines, dates and time periods for the purposes of this Part. 2022, c. 18, Sched. 2, s. 1; 2022, c. 24, Sched. 3, s. 9. Same (2)Subject to subsection 284.9 (1), the Minister may make regulations prescribing anything that, under this Part, may or must be prescribed. 2022, c. 18, Sched. 2, s. 1. Regulations, budget (3)The Minister may, for the purposes of section 284.16, make regulations, (a)respecting the powers and duties of the head of council and of the council in connection with preparing and adopting a budget in a municipality; (b)respecting procedures, rules and other matters in connection with preparing andadopting a budget in a municipality; and (c)providing for the circumstances in which a budget is deemed to be adopted. 2022, c. 18, Sched. 2, s. 1. Retroactive (4)A regulation under this section may be retroactive to a date not earlier than sixmonths before the date the regulation was made. 2022, c. 18, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) - 119 -- 119 - 10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT Attachment #3 to CLK 09-23 Français Municipal Act, 2001 ONTARIO REGULATION 530/22 PART VI.1 OF THE ACT Consolidation Period: From July 1, 2023 to the e-Laws currency date. Last amendment: 180/23. Legislative History: [ + ] This is the English version of a bilingual regulation. Designated municipalities 1.The following municipalities are designated for the purpose of section 284.2 of the Act: 1.The Town of Ajax. 2.The City of Barrie. 3.The City of Brampton. 4.The City of Brantford. 5.The City of Burlington. 6.The Town of Caledon. 7.The City of Cambridge. 8.The Municipality of Clarington. 9.The City of Guelph. 10.The City of Hamilton. 11.The City of Kingston. 12.The City of Kitchener. 13.The City of London. 14.The City of Markham. 15.The Town of Milton. 16.The City of Mississauga. 17.The City of Niagara Falls. 18.The Town of Oakville. 19.The City of Oshawa. 20.The City of Ottawa. https://www.ontario.ca/laws/regulation/220530 1/4 - 120 -- 120 - 10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT 21.The City of Pickering. 22.The City of Richmond Hill. 23.The City of St. Catharines. 24.The City of Vaughan. 25.The City of Waterloo. 26.The Town of Whitby. 27.The City of Windsor. O. Reg. 180/23, s. 1. In writing requirements re s. 284.3 of Act 2.When directing municipal employees under section 284.3 of the Act, the head of council shall, by the next business day, provide a written record of the direction to the clerk and chief administrative officer, if one is appointed. Other in writing requirements 3.Except as otherwise provided in the Act and this Regulation, when exercising a power or performing a duty under Part VI.1 of the Act the head of council shall, (a)by the next business day, provide the written record produced in accordance with subsection 284.4 (1) of the Act to each member of council and to the clerk; and (b)subject to the Municipal Freedom of Information and Protection of Privacy Act, make the written record available to the public. Prescribed committees 4.Committees established under the Act that consist solely of members of council are prescribed for the purposes of section 284.8 of the Act. Veto power, s. 284.11 of Act 5.(1) Section 284.11 of the Act does not apply with respect to by-laws under sections 289 and 290 of the Act. (2)Section 284.11 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997. Vacancy, upper-tier municipality 5.1 If a vacancy in the office of the head of council of a local municipality causes a vacancy on the council of its upper-tier municipality, the local municipality and not the upper-tier municipality shall fill the vacancy in accordance with section 284.12 of the Act. O. Reg. 180/23, s. 2. Limitations on delegation, s. 284.13 of Act 6.(1) The head of council may not delegate their powers and duties under the sections referred to in paragraphs 1 and 4 of subsection 284.13 (1) of the Act except to council. (2)The head of council may not delegate their powers and duties under the section referred to in paragraph 2 of subsection 284.13 (1) of the Act except to council or to the chief administrative officer, if one is appointed. Annual budget 7.(1) The head of council shall, on or before February 1 of each year, (a)prepare a proposed budget for the municipality that includes the estimates of sums required under subsection 289 (1) or 290 (1) of the Act, as the case may be; (b)provide the proposed budget to each member of council and to the clerk; and (c)make the proposed budget available to the public. https://www.ontario.ca/laws/regulation/220530 2/4 - 121 -- 121 - 10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT (2)If the head of council does not propose a budget to council by February 1 in accordance with subsection (1), the council shall prepare and adopt the budget for the municipality. (3)Subject to subsection (4), within 30 days after receiving the proposed budget from the head of council in accordance with clause (1) (b), the council may pass a resolution making an amendment to the proposed budget. (4)A council may in a year pass a resolution to shorten the 30-day period referred to in subsection (3) for the year. (5)If council does not pass a resolution under subsection (3) within 30 days, or, if a shorter period is set under subsection (4), within that period, the proposed budget shall be deemed to be adopted by the municipality. (6)Subject to subsection (7), within 10 days after the expiry of the time period for council to pass a resolution under subsection (3), the head of council may veto a resolution passed by council under subsection (3) by providing on the day of the veto to each member of council and to the clerk a written veto document that includes the veto and the reasons for the veto. (7)The head of council may in a year shorten the 10-day period referred to in subsection (6) for the year by providing to each member of council and to the clerk a written document specifying a shorter period. (8)If the head of council vetoes a resolution in accordance with subsection (6), the resolution shall be deemed not to have been passed by council. (9)If the head of council does not veto a resolution in accordance with subsection (6) within 10 days or, if a shorter period is set under subsection (7), within that period, the proposed budget shall be deemed to be adopted by the municipality. (10)Subject to subsection (11), within 15 days after the expiry of the time period for the head of council to veto a resolution under subsection (6), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto. (11)A council may in a year pass a resolution to shorten the 15-day period referred to in subsection (10) for the year. (12)For greater certainty, the head of council may vote as a member of council in a vote to override a veto. (13)If the council overrides the veto under subsection (10), subsection (8) does not apply, and the resolution shall be deemed to be passed by council. (14)After the expiry of the time period for council to override the head of council’s veto under subsection (10), the proposed budget is deemed to be adopted by the municipality. Budget process — conflict of interest 8.If, under section 5.3 of the Municipal Conflict of Interest Act, the head of council is prohibited from using the power and exercising the duty under subsection 284.16 (2) of the Act to prepare the proposed budget for the municipality with respect to a matter, (a)council may pass a resolution to amend the proposed budget with respect to the matter; and (b)the head of council may not veto the resolution. Budget process — in-year budget amendments 9.(1) The head of council may, for the purpose of raising an additional general upper-tier levy or a special upper-tier levy in the year under section 311 of the Act or a general local municipality levy or a special local municipality levy in the year under 312 of the Act, as the case may be, prepare a proposed budget amendment for the municipality and, https://www.ontario.ca/laws/regulation/220530 3/4 - 122 -- 122 - 10/13/23, 12:41 PM O. Reg. 530/22: PART VI.1 OF THE ACT (a)provide the proposed budget amendment to each member of council and to the clerk; and (b)make the proposed budget amendment available to the public. (2)Subject to subsection (3), within 21 days after receiving the proposed budget amendment from the head of council in accordance with subsection (1), the council may pass a resolution making an amendment to the proposed budget amendment. (3)A council may in a year pass a resolution to shorten the 21-day period referred to in subsection (2) for the year. (4)If council does not pass a resolution under subsection (2) within 21 days, or, if a shorter period is set under subsection (3), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality. (5)Subject to subsection (6), within 5 days after the expiry of the time period for council to pass a resolution under subsection (2), the head of council may veto a resolution passed by council under subsection (2) by providing to each member of council and to the clerk, on the day of the veto, a written veto document that includes the veto and the reasons for the veto. (6)The head of council may in a year shorten the 5-day period referred to in subsection (5) for the year by providing to each member of council and to the clerk a written document specifying a shorter period. (7)If the head of council vetoes a resolution in accordance with subsection (5), the resolution shall be deemed not to have been passed by council. (8)If the head of council does not veto a resolution in accordance with subsection (5) within 5 days, or, if a shorter period is set under subsection (6), within that period, the proposed budget amendment shall be deemed to be adopted by the municipality. (9)Subject to subsection (10), within 10 days after the expiry of the time period for the head of council to veto a resolution under subsection (5), council may override the head of council’s veto if two-thirds of the members of council vote to override the veto. (10)A council may in a year pass a resolution to shorten the 10-day period referred to in subsection (9) for the year. (11)For greater certainty, the head of council may vote as a member of council in a vote to override a veto. (12)If the council overrides the veto under subsection (9), subsection (7) does not apply, and the resolution shall be deemed to be passed by council. (13)After the expiry of the time period for council to override the head of council’s veto under subsection (9), the proposed budget amendment is deemed to be adopted by the municipality. Powers re by-laws, s. 284.11.1 of the Act 10.(1) Section 284.11.1 of the Act does not apply with respect to, (a)by-laws under sections 238, 289 and 290 of the Act; and (b)by-laws with respect to the filling of vacancies under section 263 of the Act. O. Reg. 581/22, s. 1. (2)Section 284.11.1 of the Act applies with respect to by-laws under section 2 of the Development Charges Act, 1997. O. Reg. 581/22, s. 1. https://www.ontario.ca/laws/regulation/220530 4/4 Français - 123 -- 123 - 10/13/23, 12:42 PM O. Reg. 580/22: PROVINCIAL PRIORITIES Attachment #4 to CLK 09-23 Français Municipal Act, 2001 ONTARIO REGULATION 580/22 PROVINCIAL PRIORITIES Consolidation Period: From December 20, 2022 to the e-Laws currency date. No amendments. This is the English version of a bilingual regulation. Provincial priorities 1.The following are provincial priorities prescribed for the purposes of sections 284.10, 284.11 and 284.11.1 of the Act: 1.Building 1.5 million new residential units by December 31, 2031. 2.Constructing and maintaining infrastructure to support housing, including, i.transit, ii.roads, iii.utilities, and iv.servicing. 2.O ( R). Français https://www.ontario.ca/laws/regulation/220580 1/1 - 124 -- 124 - Report to Council Report Number: CS 27-23 Date: October 23, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities -DARS Inc. Agreement Renewal -File: A-1440-001 Recommendation: 1.That Report CS 27-23 regarding Chestnut Hill Developments Recreation Complex ArenaDressing Rooms – Outreach Shower Facilities be received; 2.That the Mayor and City Clerk be authorized to execute the Memorandum ofUnderstanding with DARS Inc., set out in Attachment 1 to this report, for use of theChestnut Hills Development Recreation Complex Arena Dressing Rooms, for outreachshower facilities, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate officials of the City of Pickering be authorized to take necessaryactions as indicated in this report. Executive Summary: Consistent with the principles of the Durham Region Community Safety and Well-Being Plan and the City’s efforts to support those objectives locally, City staff are seeking Council’s approval to extend the agreement with DARS Inc. for another one year term to continue the delivery of shower and hygiene services to support the basic needs of the most vulnerable in our community. City staff have identified that shower facilities are available at Chestnut Hills Development Recreation Complex (CHDRC) in the Arena Dressing Rooms of the O’Brien Rink on Wednesday afternoons between 1:00 pm – 3:00 pm. DARS Inc. will provide onsite supervision, towel and hygiene packages and will oversee the use of the facilities. The purpose of this report is to seek Council’s approval to execute a Memorandum of Understanding with DARS Inc. to operate the shower program at the CHDRC Arena Dressing Rooms for the period of November 1, 2023, to December 31, 2024. Financial Implications: The use of CHDRC Arena dressing rooms for this program will be during weekday hours when the facility is not being utilized for rentals or programs. DARS Inc. will supply all staff and supplies required for the administration of the shower program. There is no financial impact resulting from the adoption of the recommendations in this report. - 125 -- 125 - CS 27-23 October 23, 2023 Subject: Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Page 2 Outreach Shower Facilities Discussion: On December 5, 2022, Council endorsed the execution of a Memorandum of Understanding with Christian Faith Outreach Centre (CFOC) for use of the CHDRC Arena Dressing Room shower facilities to support basic needs of residents as per Resolution #22/22. From December 2022 to February 2023, uptake of the shower program was limited and CFOC was not able to support the continuation of the program. On February 27, 2023, Council endorsed an updated agreement with DARS Inc. to operate the shower program at the same level of service as per Resolution #84/23. From March 2023 to September 2023 DARS has facilitated the shower program providing basic needs of hygiene and shower access to a total of 49 visits. DARS Inc. is a local organization that specializes in support services and providing basic needs for unsheltered individuals. DARS Inc. has indicated the desire to continue providing the shower program for Pickering’s vulnerable population. The purpose of this report is to seek Council’s approval to authorize the extension of the current agreement with DARS Inc. from November 1, 2023 to December 31, 2024. DARS Inc. will be in attendance to assist with towel and hygiene packages and administrate the shower program. Ongoing evaluation of the program will continue, with regular discussions between DARS Inc. and City staff. Attachments: 1.Memorandum of Understanding – DARS Inc. and the City of Pickering Prepared By: Approved/Endorsed By: Original Signed ByOriginal Signed By Laura Gibbs Sarah Douglas-Murray Division Head, Culture and Community Director, Community Services Programming Original Signed By Elaine Knox Community Safety & Well-Being Advisor SDM:lg - 126 -- 126 - CS 27-23 October 23, 2023 Subject: Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Page 3 Outreach Shower Facilities Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 127 -- 127 - Attachment #1 to Report CS 27-23 Memorandum of Understanding Between: DARS Inc. -and – The Corporation of the City of Pickering (the “City”) WHEREAS DARS Inc. wishes to provide access to washroom and shower facilities to assist the homeless population within the City of Pickering; AND WHEREAS the City has space available at the Chestnut Hill Developments Recreation Complex (CHDRC), Arena, facility located at 1867 Valley Farm Road, Pickering, ON L1V 6K7, (the “Facility”) that suits the purpose; AND WHEREAS the City has agreed to allow DARS Inc. to use portions of the Facility as set out in Schedule “A” attached hereto (the “Useable Space”) subject to the terms and conditions of this Agreement, and on the basis that there be no financial risk incurred by the City by proceeding in this manner and that all costs, including, but not limited to, security and supplies, for the Useable Space is at the sole expense of DARS Inc.; NOW THEREFORE the Parties agree as follows: TERM: 1.The term of the Agreement shall be for fourteen (14) months commencing November 1, 2023, and expiring December 31, 2024. 2.The City of Pickering and DARS Inc. will evaluate the use of the service monthly. Ongoing use will be determined following monthly evaluation of numbers using the shower service. 3.Notwithstanding the foregoing, either party may terminate the Agreement, for any reason, on fifteen (15) days written notice. 4.Following the expiry or earlier termination of this Agreement, DARS Inc. shall restore the Facility and the Useable Space to the condition they were in at the commencement of the term. - 128 -- 128 - USE OF SPACE: 5.The Useable Space will be used as washroom and shower access for homeless residents in the City of Pickering who may otherwise not have access to washroom and shower facilities. 6.DARS Inc. will contract, at its sole expense, to perform supervisory services to ensure the Facility and the Useable Space are maintained to the satisfaction of the City. 7.The City will provide maintenance and cleaning of the facility prior to (1:00 pm), and immediately after, (3:00 pm), following the shower/washroom use. 8.The Useable Space will be accessible 1 day per week, Wednesdays, with hours 1:00 pm – 3:00 pm - 2 hours each week. Supervision from DARS Inc. will always be on site during operating hours. 9.DARS Inc. shall use the Useable Space in accordance with all applicable municipal, provincial, and federal laws. 10.Operation of the Usable Space will be done in accordance with the City of Pickering, Community Shower Access – Operating Procedure (Schedule B) DAMAGES, REPAIRS, AND ALTERATIONS: 11.DARS Inc. shall be responsible for all damage to the Facility and the Useable Space in support of, or because of, the use. 12. DARS Inc. shall make no temporary or permanent modifications to the Facility or the Useable Space without the prior written consent of the City, such consent not to be unreasonably withheld. INSURANCE AND INDEMNITY: 13.DARS Inc. shall secure at its own expense and keep in effect during the term of this Agreement: (a)commercial general liability that includes Tenants Legal Liability with a minimum limit of $5,000,000 per occurrence; (b)bodily injury and property damage insurance with a minimum limit of $5,000,000 per occurrence; and (c)The City shall be included as an additional insurer in the said insurance policy. DARS Inc. shall furnish to the City certificates of insurance as evidence of the insurance coverage required by - 129 -- 129 - this Agreement. The certificates of insurance shall provide that the insurance company will give thirty (30) day notice to the City if the insurance is canceled or materially changed. 14.DARS Inc. shall indemnify and save harmless the City from and against all losses, claims, actions, damages, liability and expenses (including any legal expenses incurred by the City) arising from or in connection with the use of, or presence in, the Facility and the Useable Space by DARS Inc., any person invited or allowed into the Facility and the Useable Space by DARS Inc., or any person for whom DARS Inc. is responsible. 15.DARS Inc. waives any and all claims against, releases from liability and agrees not to sue the City, its members of Council, officers, employees, agents and representatives, for any personal injury, death, property damage or any other loss sustained by DARS Inc. or for which DARS Inc. may be responsible arising out of, or in connection with DARS Inc. use of, or presence in, the Facility and the Useable Space. 16.Neither party accepts any responsibility for losses or damages to personal property of any person invited or allowed access to the Facility and the Useable Space. NO WARRANTY: 17.The City makes no warranty expressed or implied regarding the safety of the Facility and the Useable Space or its fitness for DARS Inc. purposes. 18.DARS Inc. acknowledges and agrees that it accepts the Facility and the Useable Space “as is where is” at its own risk and expense. GENERAL: 19.This Agreement is non-transferable. 20.The recitals to this Agreement are true in substance and fact and are incorporated herein. - 130 -- 130 - Signed this ______________ day of _______________, 2023. DARS Inc. ____________________________________________ Name: Position: I have the authority to bind DARS Inc. The Corporation of the City of Pickering _____________________________________________ Name: Position: _____________________________________________ Name: Position: I/We have the authority to bind The Corporation of the City of Pickering. - 131 -- 131 - Schedule “A” List of Useable Space City of Pickering – Chestnut Hill Developments Recreation Complex – Arena – O’Brien Rink Change Rooms – 4, 5, 6 and Referee Change Room (Accessible) Schedule “B” City of Pickering, Community Shower Access – Operating Procedure - 132 -- 132 - 4DIFEVMF"-JTUPG6TBCMF4QBDF - 133 -- 133 - DARS Inc -Schedule B – Community Shower Access City of Pickering, Community Shower Access – Operating Procedure Shower rules: 1. Check in with in-take volunteers prior to accessing areas. 2. Check all belongings - store in a supervised area. 3. Only personal hygiene items and a change of clothing is permitted in the areas. No back packs, bags, totes etc. are permitted. 4. Absolutely NO substance use of any kind is permitted in the areas of the facility. That includes cigarettes, e-cigarettes, marijuana, opiates, alcohol, or prescription medications. 5. Maximum 30 minutes for a shower (20-minute wellness check). 6. Use only assigned area, 1 person in area at a time. 7. Refusal to exit area after time lapsed may be subject to facility consequences and at the discretion of volunteers and facility staff. 8. At all times staff, volunteers, other facility participants are to be treated with respect and dignity. Volunteer Procedure: 1. Volunteers in-take participant, enter participant d emographics or enter anonymous information provided (for tracking purposes). 2. Review facility rules prior to entry to the areas, confirm understanding. 3. Volunteer intake client belongings, ensure it is placed in a volunteer monitored area. 4. Provide participant time of en try and inform them they will receive a warning when their time is running out. 5. Volunteer provide hygiene items and other supplies as needed and available (i.e. shampoo, body wash/soap, razors, nail clippers, towels etc.). 6. Volunteer escort participant to respective area. 7. Volunteer document time of entry. 8. Volunteer monitor time spent in area and provide appropriate time warnings. 9. When participant is finished, deposit towels in assigned laundry bins, razors in sharps containers. Participants may keep nail clippers, if not wanted deposit in sharps container. 10. Participant checks out of area and collects their belongings from volunteer. 11. Immediately after participant exits the area, volunteer inspect for items left behind, condition of area and substance use/paraphernalia left behind. - 134 -- 134 - Report to Council Report Number: ECD 06-23 Date: October 23, 2023 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Trillium Energy Storage -Municipal Support Resolution -File: D-1600-002 Recommendation: 1.That Report ECD 06-23 regarding the proposed Battery Energy Storage System be received; 2.That Council approve a Municipal Support Resolution (Attachment 1), as required by the Independent Electricity Systems Operator, for the Trillium Energy Storage project proposed by Plus Power, LLC at 2310 Fairport Road (Property Identification Number: 26371-0948); 3.That the Mayor be authorized to sign the Prescribed Form of Municipal Support Resolution on behalf of the Corporation of the City of Pickering; and, 4.That a copy of the signed Prescribed Form of Municipal Support Resolution and Report ECD 06-23 be forwarded to Power Plus, LLC. Executive Summary: Plus Power, LLC is proposing a Battery Energy Storage System, Trillium Energy Storage in response to Independent Electricity System Operator’s (IESO) procurement process. The project site, 2310 Fairport Road (Property Identification Number: 26371-0948), located North of CP Rail and West of Fairport Road, will be used to store a maximum capacity of 300 megawatts of energy in over 200 Lithium-Ion battery packs. Plus Power, LLC will be participating in the procurement process that requires proposals be submitted on December 2023 along with a Municipal Support Resolution (Attachment 1). The proposal additionally requires a mandatory public open house meeting, which Plus Power, LLC held on September 21, 2023. The Municipal Support Resolution only provides support in principle for a company to submit a proposal to IESO. In the event Plus Power, LLC is awarded the contract from IESO, the company must apply for any permits or approvals under applicable laws and regulations that may be required for the project. The Municipal Support Resolution does not allow the project to bypass any planning and/or development processes. Financial Implication: Not applicable to this report. - 135 - ECD 06-23 October 23, 2023 Subject: Trillium Energy Storage – Municipal Support Resolution Page 2 Discussion: In 2022, the Ontario Minister of Energy, MPP Todd Smith, issued a directive to procure new electricity supply resources. Independent Electricity System Operator (IESO) was directed to acquire 4,000 megawatts of new electricity generation and storage resources in Ontario to meet an expected energy demand growth of over 30 per cent in the next 20 years. In response, IESO launched a series of long-term procurement projects. Plus Power, LLC is responding to IESO’s long-term procurement for 1,600 megawatts of energy storage province- wide. The proposal is due in December 2023, with a decision expected by June 2024. IESO requires all proposals to include a support resolution from Municipal Council where the project is proposed. Battery Energy Storage System (BESS) facilities generally consist of rows of rechargeable batteries housed in self-contained, interconnected storage units. BESS facilities typically operate by drawing surplus energy from the local power grid during periods of low usage , and storing it for later distribution back into the grid during peak demand. BESS stabilize the local power grid, by ensuring reliability during periods when the grid might otherwise experience a partial, or total, deficit in voltage, commonly known as “brownouts” and “blackouts”. Thus, proponents of BESS offer that these facilities can reinforce the local power grid, not only on a routine basis, but also during emergencies when demand is especially high, or when electrical transmission from outside the local grid is severed. Plus Power, LLC is an American-owned company, based in Houston, Texas. The company develops BESS facilities to enable a more efficient and reliable electrical grid. At present, they have more than 10,000 megawatts of energy storage projects under development in the United States and Canada. Plus Power, LLC is proposing a Trillium Energy Storage project, in response to IESO’s Long Term Procurement (LT1). The location proposed in Pickering is at 2310 Fairport Road, in close proximity to the Cherrywood Transformer Station. It is a 3.68-hectares, 9-acres, site that will be used to store 205 megawatts of energy through Lithium-ion iron phosphate batteries, for a maximum capacity of 300 megawatts. It will be up to 228 battery enclosures, that will include a 6-metre wide access road around enclosures and a 30-metres setback from public road. The subject property, 2310 Fairport Road, is zoned “A – Rural Agricultural” under Zoning By-law 3036, as amended by By-law 6578/05. Permitted use within the A zone includes a detached residential dwelling, agricultural and agricultural-related uses, and recreational uses. This property is impacted by the reversal of Provincial government’s decision to swap lands from the Greenbelt. The current Zoning By-law permits public utilities in any zone, as follows: “The Township of Pickering or any “local board” thereof as defined in “The Department of Municipal Affairs Act”, […] any Department of the Federal or Provincial Government including the Hydro-Electric Power Commission of the Province of Ontario may for the purpose of public service, use any land or any building or structure in any zone, notwithstanding that such building or structure or proposed use does not conform with the provisions of this By-law for such zone. However, such building or structure shall be, as far as possible, in compliance with the regulations for such zone.” As this is not a public agency, it does not comply with the defined purpose. Therefore, a rezoning application, site plan application, and possibly an Official Plan Amendment will be required in the future to move forward on this project. - 136 - ECD 06-23 October 23, 2023 Subject: Trillium Energy Storage – Municipal Support Resolution Page 3 As part of the requirement to submit a proposal, Plus Power, LLC hosted a public information session on September 21st at the Chestnut Hill Developments Recreation Complex. The public was informed via City of Pickering social media channels, newspaper ad, and mailouts to residents within a one kilometer radius, which resulted in over 2,000 households. The company also created a website to answer frequently asked questions and provided an email address for residents. The public meeting was attended by one resident who was in support of the project. Additionally, the team received one email in advance of the meeting from a resident who was also in support and requested an improved walking path near the site. Generally, opponents of BESS facilities have raised concerns over the presence of highly flammable substances, such as from lithium-ion batteries, and possible air contamination. Historically, concerns about such threats were resolved by prohibiting such uses within residential areas and restricting them to high-intensity industrial districts. However, that is not always feasible with BESS facilities. BESS facilities must connect to the local power grid through a substation with adequate capacity to accommodate the transmission between the BESS facility and the grid. Additionally, the greater the distance between a BESS facility and the substation, the less efficient the transmission will be. As a result, designing a viable BESS facility requires that a facility be located in or near a residential districts. Dangers of the use of lithium-ion batteries include fires as a result of thermal runaway. It is noted by the applicant that batteries have been redesigned, from Nickel Manganese Cobalt to Lithium-Ion Iron-Phosphate since past fire incidents, and battery developers now implement a stricter fire and safety plan that is compliant to National Fire Protection Association code for Battery Energy Storage Systems. There is multiple layers of safety including 24/7 monitoring, the project will have two independent Network Operations Centers (NOCs), one managed by the manufacturer and another one by Plus Power, LLC’s asset management team and its subcontractors. The project will be monitored by these NOCs on a 24/7 basis. Furthermore, the proprietary technology is designed to prevent buildup of flammable gas. The battery manufacturer has a Battery Management System that measures voltage, current, and temperature for each battery cell. The BMS will disconnect any cell that goes out of the technical thresholds established for voltage, current and temperature to make sure battery cells stay within certain technical guardrails. If the temperature or voltage of a cell goes above certain thresholds, the BMS would stop charging/discharging and disconnect that cell as well notify appropriate emergency personnel. Plus Power, LLC has also hired the Energy Safety Response Group, which consists of former fire fighters, fire protection engineers and battery safety experts, to support Pickering Fire Services in the development of an Emergency Response Plan, as well as training on response procedures for the project. The main benefit of BESS facilities is that they will provide reliable electricity services and capacity on the grid. Given the projected population increase in the Province, there will be significantly increased demand. Without grid capacity upgrades, there is risk of longer on-peak rates, grid capacity issues, or alternative energy reliance that is less sustainable. Plus Power, LLC states that there will be no emission of any kind directly produced by the facility. The audible impact will be similar to an air conditioner. No water will be necessary to operate the facility. There will be only security lights pointed towards the facility but no floodlights. Lastly, there will be 1-2 light vehicles per week to visit the site during operations. - 137 - ECD 06-23 October 23, 2023 Subject: Trillium Energy Storage – Municipal Support Resolution Page 4 This Municipal Support Resolution only provides support for a company to submit a proposal. It does not supersede any applicable permits or approvals under applicable Laws and Regulations that may be requires for the project. If the proponent is successful with IESO, they will be required to follow the standard processes for Planning Act approvals. Per IESO, “all projects selected under the LT1 RFP are still subject to all other regulatory, permitting, zoning and siting requirements that apply to the Project Site.” Staff at that time will assess, which additional reports will be required as part of the submission. Reports may include Air Modelling Report, Noise Impact Study, Hydrogeological Study, a Risk and Safety Plan, Decommissioning Plan, and letter from Insurer. Staff recommend that Council approve the Municipal Support Resolution (Attachment 1), as required by the Independent Electricity Systems Operator, for Trillium Energy Storage project proposed by Plus Power, LLC at 2310 Fairport Road. Attachment: 1.Prescribed Form – Evidence of Municipal Support Prepared By: Approved/Endorsed By: Original Signed By: Laraib Arshad Fiaz Jadoon Manager, Economic Development & Marketing Director, Economic Development & Strategic Projects Original Signed By: FJ:la Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 138 - 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 4 PUBLIC Attachment #1 to Report ECD 06-23 EXHIBIT A FORM OF MUNICIPAL SUPPORT RESOLUTION Resolution NO: Date: [Note: The Municipal Support Resolution must not be dated earlier than February 17, 2023.] WHEREAS: 1.The Proponent is proposing to construct and operate a Long-Term Reliability Project, as defined and with the characteristics outlined in the table below, under the Long-Term Request for Proposals (“LT1 RFP”) issued by the Independent Electricity System Operator (“IESO”). Unique Project ID of the Long-Term Reliability Project: Name of the Long-Term Reliability Project: Legal Name of Proponent: Technology of the Long- Term Reliability Project: Maximum Contract Capacity of the Long- Term Reliability Project (in MW): Property Identification Number (PIN), or if PIN is not available, municipal address or legal description of the portion of the Project Site that is located on lands subject to the authority of one or more Municipalities: - 139 - 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 5 PUBLIC 2.Pursuant to the LT1 RFP, Proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded Rated Criteria points for the purpose of ranking the Proposal in relation to other Proposals for a contract under the LT1 RFP; and NOW THEREFORE BE IT RESOLVED THAT: 3.The council of City of Pickering supports the development, construction and operation of the Long-Term Reliability Project on the Municipal Lands. 4.This resolution's sole purpose is to enable the Proponent to receive Rated Criteria Points under LT1 RFP or to satisfy its obligations under any awarded LT1 Contract and may not be used for the purpose of any other form of approval in relation to the Proposal or Long- Term Reliability Project or for any other purpose. Rated Criteria points will be used to rank the Proponent’s Proposal in relation to other Proposals received by the IESO under the LT1 RFP. DULY RESOLVED BY THE LOCAL MUNICIPALITY on the day of , 20 <Signature lines for elected representatives. At least one signature is required.> - 140 - 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 6 PUBLIC EXHIBIT B MUNICIPAL SUPPORT CONFIRMATION Note: Attach the Municipal Support Confirmation. - 141 - Report to Council Report Number: FIR 04-23 Date: October 23, 2023 From: Steve Boyd Fire Chief Subject: Request for Proposal No. RFP2023-10 -Fire Services Master Plan and Community Risk Assessment -File: A-1440-001-23 Recommendation: 1.That Proposal No. RFP2023-10 submitted by Behr Integrated Solutions Inc. Fire Services Consultants in the amount of $116,124.00 (HST included) be accepted; 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $104,573.00 (net of HST rebate) as approved in the 2023 Current Budget as follows: a)The sum of $78,430.00 to be funded from the Development Charges – Fire Services Reserve Fund; b)The sum of $26,143.00 to be funded from Property Taxes; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Fire Services Master Plan and Community Risk Assessment provides the City with a strategic 7 to 10 year roadmap to guide future needs with respect to community fire risk, staffing, deployment, station location, and overall ability to respond to community emergencies. The Master Plan will be designed to adapt to changes in the City’s demographics, future growth, and varied building stock profile. RFP2023-10 for the Fire Services Master Plan was advertised on the City’s bids&tenders portal on July 20, 2023. Staff from Fire Services reviewed and evaluated the proposals received using criteria outlined in the bid document. It is the recommendation of the Evaluation Committee that Behr Integrated Solutions Inc. Fire Services Consultants, as the top-ranked Proponent, be awarded this project in the amount of $102,765.00 plus HST. In accordance with Section 10.04 (c) of the Purchasing Policy, where written proposals are obtained in accordance with procedures set out in Section 06 and funds are available in the approved budget, an award over $50,000.00 is subject to the additional approval of Council. - 142 -- 142 - FIR 04-23 October 23, 2023 Subject: Request for Proposal Page 2 Fire Services Master Plan and Community Risk Assessment Financial Implications: 1.Estimated Project Costing Summary Proposal Number RFP2023-10 $102,765.00 HST (13%) 13,359.00 Total Gross Project Costs $116,124.00 HST Rebate (11.24%) (11,551.00) Total Net Project Costs $104,573.00 2.Approved Source of Funds Approved Code Source of Funds Budget Funds Required 10200.502230.0000 10200.502230.0000 DC – Fire Services Reserve Fund Property Taxes $112,500.00 37,500.00 $78,430.00 26,143.00 Total $150,000.00 $104,573.00 Project Cost under (over) approved funds by $45,427.00 Discussion: The Fire Services Master Plan was approved in the 2023 Current Budget at $150,000.00 ($112,500.00 funded by Development Charges and $37,500.00 funded by Property Taxes). The Fire Services Master Plan and Community Risk Assessment provides the City with a strategic 7 to 10 year roadmap to guide future needs with respect to community fire risk, staffing, deployment, station location, and overall ability to respond to community emergencies. The Master Plan will be designed to adapt to changes in the City’s demographics, future growth, and varied building stock profile. The project will provide the City of Pickering Fire Services Master Plan for the period of 2024 - 2033. In addition to the Master Plan, the consultant will also deliver a comprehensive Community Risk Assessment which is a legislated requirement for July 2024. Request for Proposal No. RFP2023-10 for the development of a Fire Services Master Plan and Community Risk Assessment was issued on July 20, 2023 with a submission deadline of August 21, 2023. Ten companies submitted proposals. The Evaluation Committee, consisting of staff from Fire Services Management reviewed and evaluated the proposals received using criteria outlined in the bid document. - 143 -- 143 - FIR 04-23 October 23, 2023 Subject: Request for Proposal Page 3 Fire Services Master Plan and Community Risk Assessment Proposals were evaluated and scored based on the consultant’s experience on similar projects, their understanding of the project, project team overview and their pricing. Behr Integrated Solutions Inc. Fire Services Consultants was the top-ranked Proponent, and is recommended for award. All pre-conditions of award, as identified in the bid document, have been received, reviewed, and approved. Upon careful examination of all proposals and relevant documents received, the Evaluation Committee recommends acceptance of the proposal submitted by Behr Integrated Solutions Inc. Fire Services Consultants in the amount of $102,765.00 plus HST. Attachment: 1.None Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Steve Boyd Cathy Bazinet, CPPB, NIGP-CPP Fire Chief Manager, Procurement Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer SB:jm Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 144 -- 144 - Report to Council Report Number: OPS 25-23 Date: October 23, 2023 From: Brian Duffield Director, Operations Subject: Seniors & Persons with Disabilities Snow Clearing Program -RFP2023-8 -File: A-1440 Recommendation: 1.That proposal for Request for Proposal No. RFP2023-8 submitted by Gray’s Landscape & Snow Removal Inc. in the amount of $168,017.40 (excluding HST) be accepted; 2.That Council authorize the Director, Finance & Treasurer to finance Year 1 (2023) of the Seniors & Persons with Disabilities Snow Removal Program in the amount of $221,288.00 (net of HST rebate) as approved in the 2023 Current Budget as follows: a.The sum of $167,001.00 to be funded from the Casino Reserve; and, b.The sum of $54,287.00 to be funded from Property Taxes; 3. That financing for 2024 to 2026 of the Proposal be provided in the annual CurrentBudgets, for a total amount of $1,830.406.00 (net of HST rebate); and, 4.That the appropriate officials of the City of Pickering be authorized to take thenecessary actions as indicated in this report. Executive Summary: The Seniors & Persons with Disabilities Snow Clearing Program is offered to eligible households, including those residing in the Hamlets of Brougham, Claremont, Greenwood and Whitevale. The existing service contract expired in April of 2023 and RFP2023-8 was issued in June to secure a qualified service provider ready for the 2023/2024 winter control season that starts on November 1, 2023. Resolution of Council #140/23 increased the registrant capacity, effective for the 2023/2024 winter control season, from 500 to 750 annually. With respect to financial implications, each year of the contract is considered to run from November 1 to April 30 of the following calendar year and as a result of this seasonal term, two budget years will be affected. RFP2023-8 was issued on the City’s bids&tenders portal on June 29, 2023. Three companies submitted a proposal for this project. The Evaluation Committee, consisting of City staff from Parks & Property and Roads Operations reviewed and evaluated the proposals received using criteria outlined in the bid document. It is the recommendation of the Evaluation Committee that Gray’s Landscaping & Snow Removal Inc., as the top-ranked proponent, be awarded a three-year contract for the Seniors - 145 -- 145 - OPS 25-23 October 23, 2023 Subject: Seniors & Persons with Disabilities Snow Clearing Program & Persons with Disabilities Snow Clearing Program in the amount of $168,017.40 (excluding HST). Pre-conditions of award requirements, as outlined in the bid document, have been collected, reviewed and approved. Financial Implications: 1. RFP Amount Year 1 (November 2023 to October 2024, per occurrence) $54,365.25 Year 2 (November 2024 to October 2025, per occurrence) 55,985.85 Year 3 (November 2025 to October 2026, per occurrence) 57,666.30 RFP2023-8 (3-year total per occurrence) $168,017.40 HST (13%) 21,842.26 Total Gross RFP Cost (3 year total per occurrence) $189,859.66 2. Estimated Project Costing Summary 2023 (November to December: 4 snow events) $217,461.00 2024 (Full Year: 12 snow events) 658,865.00 2025 (Full Year: 12 snow events) 678,552.00 2026 (January to April: 6 snow events) 461,330.33 Total 2023-2026 $2,016.209.00 HST (13%) 262,107.00 Total Gross Project Costs $2,278,316.00 HST Rebate (11.24%) (226,622.00) Total Net Project Cost $2,051,694.00 3. Breakdown of Costs by Budget Year Total RFP Cost 2023 Current Budget (November 1 to December 31) 2024-2026 Current Budgets Total $221,288.00 $1,830,406.00 $2,051,694.00 - 146 -- 146 - OPS 25-23 October 23, 2023 Subject: Seniors & Persons with Disabilities Snow Clearing Program 4. Approved Source of Funds Account Code Source of Funds Available Budget Required 502520.10305 Casino Reserve $338,700.00 $167,001.00 502520.10305 Property Taxes 110,100.00 54,287.00 Total Funds $448,800.00 $221,288.00 Project Cost under (over) approved funds by $227,512.00 Below is a breakdown of the per unit snow clearing cost from 2018 to 2026: After the moderate rate increases from 2018 to 2021, the City realized a spike in the per unit cost of approximately seven percent from the 2021/2022 to the 2022/2023 winter season due to the increase in inflation. Through the competitive purchasing process, the per unit increase for the year 2023 up to and including 2026 is capped at three percent per year. $29.72 $30.01 $30.31 $30.76 $32.91 $33.90 $34.91 $35.96 $27.00 $29.00 $31.00 $33.00 $35.00 $37.00 $39.00 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Snow Clearing: Per Unit Rate - 147 -- 147 - OPS 25-23 October 23, 2023 Subject: Seniors & Persons with Disabilities Snow Clearing Program It is also important to note that the snow event occurrences of approximately 12 per year is based on a 5-year average, and that the actual snow event occurrences could fluctuate. The City has a Winter Reserve account that, at the Treasurer’s discretion, can be drawn upon in any given year if the City experiences above average snow events. Discussion: The Seniors & Persons with Disabilities Snow Clearing Program has been offered to eligible households since 1975. Over that time, enhancements to the program have been implemented including those recently approved by Council (Resolution #140/23) to increase the registrant capacity, effective for the 2023/2024 winter control season, from 500 to 750 annually. The Seniors & Persons with Disabilities Snow Clearing Program has a sliding fee structure based on applicants’ taxable income level. Applicants in receipt of Guaranteed Annual Income Supplement (GAINS) are exempt from the fee. The clearing of snow, under the Seniors & Persons with Disabilities Snow Clearing Program, starts once snow has stopped falling after 5 cm or 2” of snow has accumulated and City plows have completed their road routes. Salting will only occur for icy conditions such as freezing rain or wet snow/rain events that do not meet the 5 cm or 2” accumulation criteria but are followed by a flash freeze. The Seniors & Persons with Disabilities Snow Clearing Program will accommodate for the 2023/2024 winter control season, up to 750 households within Pickering including the Hamlets of Brougham, Claremont, Greenwood and Whitevale. The RFP was structured on a unit rate per winter snow event that initiates a Seniors & Persons with Disabilities Snow Clearing Program response. An average of 12 snow events are anticipated per year. Within the 2023 Current Budget, a total of $448,800.00 has been budgeted to manage the cost associated with this program and is sufficient to deliver this program for the remainder of 2023. The costs related to 2024 through 2026 will be included in the annual Current Budget for corresponding years. Request for Proposal No. RFP2023-8 was issued on the City’s bids&tenders portal on June 29, 2023. Three companies submitted a proposal for this project. The Evaluation Committee, consisting of City staff from Parks & Property and Roads Operations, reviewed and evaluated the proposals received using criteria outlined in the bid document. Proposals were evaluated and scored based on the Proponent’s experience and qualifications, vehicles and equipment to be used during the contract, GPS and app documentation of work performed and their pricing. Gray’s Landscaping & Snow Removal Inc. was the top-ranked proponent and is recommended for award. Pre-conditions of award requirements, as outlined in the bid document, have been collected, reviewed and approved. Upon careful examination of all proposals and relevant documents received, the Evaluation Committee recommends acceptance of Proposal No. RFP2023-8 submitted by Gray’s Landscaping & Snow Removal Inc. in the amount of $168,017.40 (HST excluded). Gray’s Landscaping & Snow Removal Inc. has been the vendor for the Seniors & Persons with Disabilities Snow Clearing Program for the past 11 years and has consistently received satisfactory vendor performance report during that time. The total gross project cost is - 148 -- 148 - OPS 25-23 October 23, 2023 Subject: Seniors & Persons with Disabilities Snow Clearing Program estimated to be $2,278,316.00 (HST included) and the total net project cost is estimated at $2,051,694.00 (net of HST rebate) for the three-year term of the contract. Attachment: None Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer Original Signed By: Cathy Bazinet, CPPB, NIGP-CPP Manager, Procurement BD:nm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 149 -- 149 - Report to Council Report Number: PLN 33-23 Date: October 23, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Award of Request for Proposal (RFP 2023-7) for a Retail Market Study -File: D-1100-107 Recommendation: 1. That Proposal number RFP 2023-7 for a Retail Market Study, for the City of Pickering,submitted by Parcel Economics Inc., in the amount of $72,750.00 (excluding HST), be accepted; 2.That the net project cost of $74,031.00 (net of HST rebate), be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the net project cost of$74,031.00 as follows: a.The sum of $33,314.00 to be funded by a transfer from the Development Charge Reserve Fund – Growth Related Studies; b.The sum of $40,717.00 to be funded from Property Taxes; and 4.That the appropriate officials of the City of Pickering be authorized to take such actions asare necessary to give effect to this Report. Executive Summary: A Retail Market Study will provide an analysis of the present and future state of the retail market in Pickering. This background will assist staff in their review of high priority development applications, as well as long-term land use planning as a component of the City’s forthcoming Official Plan Review exercise. Request for Proposal number RFP 2023-7 was issued on the City’s Bids and Tenders portal on July 7, 2023, with a submission deadline of July 28, 2023. Five proposals were submitted. The Evaluation Committee, consisting of staff from the City Development Department, reviewed and evaluated the proposals received, using criteria outlined in the bid document. It is the recommendation of the Evaluation Committee that Parcel Economics Inc., as the highest scoring Proponent, be retained to undertake the Retail Market Study, at a cost of $72,750.00 (excluding HST). The total net project cost is estimated to be $74,031.00. In accordance with Section 10.04 of the Purchasing Policy, where the project cost of a consulting assignment is more than $50,000.00, the award is subject to the approval of Council. - 150 -- 150 - PLN 33-23 Subject: Award of Request for Proposal (RFP 2023-7) for a Retail Market Study October 23, 2023 Page 2 Financial Implications: 1.Proposal Amount Proposal Number RFP 2023-7 $72,750.00 HST (13%) 9,457.50 Total Gross Project Amount $82,207.50 2.Estimated Project Costing Summary Proposal Number RFP 2023-7 $72,750.00 HST (13%) 9,458.00 Total Gross Project Amount $82,208.00 HST Rebate (11.24%) (8,177.00) Total Net Project Costs $74,031.00 3.Approved Source of Funds – 2023 Current Budget Expenditure Account Source of Funds Budget Required 502230.10105.4639 Property Tax $16,250.00 $40,717.00 502230.10105.4639 DC – Growth Studies 33,750.00 33,314.00 Total Funds $50,000.00 $74,031.00 Net project costs under (over) approved funds ($24,731.00) The 2023 approved City Development Department budget identified $50,000.00 for background studies for the Official Plan Review, such as retail market studies. As that study was identified as a Growth Related Study, it was identified as being eligible for funding in the amount of 67.5% in the 2023 Current Budget. However, this percentage was incorrect, as the 2020 Development Charge Study had reduced the amount to 45%. The 2022 Development Charge Update Study continued to reflect the reduced amount of 45% funding for Official Plan Review Growth Related Background Studies and the required funds in Table 3 reflects this allocation. Further, all responses to the RFP came in over the $50,000.00 originally budgeted. However, the City Development Department has unspent funds in its consulting and professional account, general line item, for professional/technical assistance and $24,731.00 can be used from this line item, in combination with the $50,000.00 identified in the line item for the Official Plan Review Background Studies, to make up the required expenditure amount for the successful proponent, with the same ratio (45%) of development charges completing the required funding. - 151 -- 151 - PLN 33-23 Subject: Award of Request for Proposal (RFP 2023-7) for a Retail Market Study October 23, 2023 Page 3 The amount required for Development Charge funding for the $75,000.00 expenditure, at 45% ($33,314.00) is modestly less ($33,750.00) than the 67.5% of $50,000.00 identified in the Budget. Thus, the draw on the Development Charge account is not adversely affected. Discussion: Planning for Retail Areas within the City Despite planning for retail and services in greenfield areas (Seaton), the City has experienced slow or no take-up of these lands for retail purposes. Most of the lands in Seaton outside of the Natural Heritage System, and the Employment Areas, were designated for mixed uses, permitting a range of residential uses, as well as various commercial, recreational, cultural and community uses. It was anticipated that large blocks of land would be developed for such commercial, recreational, cultural and community uses in the near term (25-30 years), with redevelopment for residential uses occurring later through redevelopment. However, the City is now receiving requests to permit a substantial portion of the blocks of land originally anticipated to be developed for commercial uses in the near term, to be developed for residential uses, thus precluding their use for commercial, community, cultural or recreations uses in the future. To better evaluate these proposals, and to consider appropriate land use designations and zoning in new greenfield communities, the City needs to better understand the experience of new retail and service development in other suburban greenfield settings throughout Durham Region and the Greater Toronto and Hamilton Area (GTHA). Based on the emerging plans for development in new growth areas throughout the City, the Retail Market Study will determine how much retail/service space is appropriate to accommodate future residents. Existing commercial plazas along Kingston Road, within the Brock Specialty Retailing Node, and the City Centre, are being proposed for redevelopment into high-density, mixed-use sites. The redevelopment will result in less commercial floor space than currently exists. At the same time, the proposed mixed-use buildings will include hundreds of new residents. The City needs to understand how much future retail space will be required for these growing areas. Study Purpose and Scope of Work The Retail Market Study will determine the total amount, type, role, and function of retail uses throughout Pickering. The study will recommend the amount and distribution of future retail space throughout the City that will respond to expected population growth. Future retail needs will be described within a retail hierarchy that is reflective of its context – from retail in low-rise neighbourhoods to retail in mixed-use buildings within high density areas. The Retail Market Study will place the Pickering data in the context of industry trends, and the experience of other comparable municipalities. Request for Proposal number RFP 2023-7 was issued on the City’s Bids and Tenders portal on July 7, 2023, with a submission deadline of July 28, 2023. Four proposals were submitted. The Evaluation Committee, consisting of staff from the City Development Department, reviewed and evaluated the proposals received using criteria outlined in the bid document. - 152 -- 152 - PLN 33-23 Subject: Award of Request for Proposal (RFP 2023-7) for a Retail Market Study October 23, 2023 Page 4 Proposals were evaluated and scored based on the consultant’s experience on similar projects, their understanding of the project, proposed work plan and deliverables, project team overview, and their pricing. Parcel Economics Inc. was the top-ranked Proponent, and is recommended for award. All pre-conditions of award, as identified in the bid document, have been received, reviewed, and approved. Parcel Economics Inc. is currently part of the consulting team for the Northeast Pickering Secondary Plan where they are responsible for preparing the Employment Lands Strategy. Upon careful examination of all proposals and relevant documents received, the Evaluation Committee recommends acceptance of Proposal number RFP 2023-7 submitted by Parcel Economics Inc. in the amount of $72,750.00 (excluding HST), and approval of the total net project cost of $74,031.00 (net of HST rebate). Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Kyle Bentley, P.Eng. Director, City Development & CBO Approved/Endorsed By: Original Signed By Cathy Bazinet, CPPB, NIGP-CPP Manager, Procurement Original Signed By Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer PW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 153 -- 153 - Report to Council Report Number: PLN 36-23 Date: October 23, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Environmental Registry of Ontario Posting 019-7669 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act -File: L-1100-063 Recommendation: 1.That Council endorse the comments contained in Report PLN 36-23, and as set out in Appendix I to Report PLN 36-23, as the City of Pickering Detailed Comments on the proposed changes to the definition of an “Affordable Residential Unit” in the Development Charges Act; and 2.That staff be authorized to submit the comments in Report PLN 36-23 and Council’s resolution thereon, to the Environmental Registry of Ontario posting (ERO 019-7669) as the City of Pickering’s comments on the proposed changes to the definition of an “Affordable Residential Unit” in the Development Charges Act. Executive Summary: The Province of Ontario is seeking comments on proposed changes to the definition of an “affordable residential unit”, as defined in the Development Charges Act, 1997, through the Environmental Registry of Ontario, by October 28, 2023. The proposed definition includes a significant modification from the current definition that only considers market rates, to a definition that includes household incomes. City staff from City Development, in conjunction with Finance, have reviewed the proposed definition, and prepared comments for Council’s consideration and endorsement. Subject to Council’s endorsement, these comments will be forwarded to Council under separate cover, for inclusion as part of the City’s response to the Registry Posting. Upon receiving Council approval, staff will submit a copy of Report PLN 36-23, and City of Pickering’s Council resolution thereon, to the Environmental Registry of Ontario posting 019-7669, by the October 28, 2023 comment deadline. Financial Implications: The recommendations of this report do not present direct or immediate costs to the City of Pickering. - 154 -- 154 - PLN 36-23 October 23, 2023 Subject: Environmental Registry of Ontario Posting 019-7669: Page 2 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act Discussion 1.Purpose On September 28, 2023, the Province of Ontario released Bill 134: Affordable Homes and Good Jobs Act, 2023. Included in Bill 134 are proposed changes to the definition of an “affordable residential unit”, as defined in the Development Charges Act. Comments on these proposed changes are requested through a posting on the Environmental Registry of Ontario (ERO). The purpose of this report is to provide formal comments from the City to the Province on the proposed definition of an “affordable residential unit”, as defined in the Development Charges Act. 2.Background 2.1 Current Definition of Affordable Residential Unit Bill 23, More Homes Built Faster Act, 2022, received royal assent on November 28, 2022. As part of Bill 23, the Development Charges Act was amended. One of the amendments to the Act was the addition of the definitions of “affordable residential unit” and “attainable residential unit”. Units that meet the definitions of “affordable” or “attainable” would be exempt from paying municipal development charges once the definitions and exemptions are proclaimed by the Lieutenant Governor, at a date to be identified later. The City provided comments to the Province, through Bill 23, identifying significant concerns with exempting all affordable units from development charges. The previous comments identified that complete exemption from development charges and parkland dedications will impact the ability of the City to fund infrastructure and its ability to provide parks, which contribute to community livability and positive human and environmental health. In addition, units being exempt from development charges and parkland dedication would be subject to agreements between the municipality and developers, based on information provided by the Minister. The content of the agreements is unknown at this time and there is no information on if, or how, the Province may consult with municipalities on this matter. These concerns remain, despite the proposed new definition of “affordable”. The current definition of “affordable residential unit” is based solely on market prices and market rents. Under the current Act, a unit is defined as affordable if: •“prices and rents are no greater than 80% of the average purchase price or market rent, as defined by the Ministry.” The current definition does not consider the ability of an individual to pay based on income. - 155 -- 155 - PLN 36-23 October 23, 2023 Subject: Environmental Registry of Ontario Posting 019-7669: Page 3 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act 3.Proposed Definition of Definition of Affordable Residential Unit On September 28, 2023, the Province of Ontario released the proposed updated definition of “affordable residential unit”. The Province has indicated that the proposed definition would be based on the existing definition of “affordable” in the Provincial Policy Statement (PPS), 2020, which considers local income, in addition to, market prices. The PPS currently defines “affordable” as follows: •“housing, for which the purchase price, results in annual accommodation costs, which do not exceed 30 percent of gross annual household income, for low- and moderate-income households; or •housing, for which the purchase price, is at least 10 percent below the average purchase price, of a resale unit, in the regional market area;” Under the proposed updated definitions in the Development Charges Act, (see Table Comparing Current and Proposed Definitions Under the Development Charges Act, Attachment #1), an affordable residential unit would be defined as follows: For non-rental units, the price is no greater than the lesser of: •“a price, for which the cost of accommodation, is less than 30% of the 60th percentile of income for households in the municipality, or •90%, of the average purchase price, identified for the residential unit, set out in the Affordable Residential Units bulletin.” For rental units, the rent is no greater than: •“30%, of the 60th percentile, of income for rental households in the municipality, or the average market rent, set out in the Affordable Residential Units bulletin.” There is a key difference between the existing PPS definition and the proposed definition to be included in the Development Charges Act. The difference is the PPS indicates “accommodation costs which do not exceed 30 percent of gross annual household income for low- and moderate-income households”, whereas the proposed definition in the Development Charges Act indicates “accommodation costs is less than 30% of the 60th percentile of income for households in the municipality”. The 60th percentile is typically considered the top income decile of moderate-income households, using Statistics Canada Census data. The current wording is interpreted by staff to mean that the price point for being affordable would be set by using the income of the 60th percentile. Setting the benchmark at the top of moderate-income households would indicate that all households in income gaps below the 60th percentile will need to spend more than 30% of their income for housing that is defined and deemed affordable and exempt - 156 -- 156 - PLN 36-23 October 23, 2023 Subject: Environmental Registry of Ontario Posting 019-7669: Page 4 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act from municipal development charges. This would appear to have the largest impact on low-income households, who typically need affordable housing the most. Based on the latest Statistics Canada Census, the 60th percentile of rental households earned $85,000 annually in Pickering. There are many households that annually earn thousands of dollars less than the 60th percentile. Those households would be required to spend more than 30% of their income on “affordable units”. The exemption of development charges is being used to encourage more affordable housing. Setting the top income decile of the moderate-income households as the benchmark is leaving the majority of the low- and moderate-income households unserved by this proposed incentive mechanism. Taking household income into consideration, and not solely using market rates as a determination of affordability, is a positive step. However, the definition of “affordable” in the PPS is more inclusive and using it would impact the affordability crisis in Ontario in a more meaningful way. It must be noted that there is still a significant amount of information that the Province has not released, discussed in Section 3.1 below. When the additional information becomes available, it may further impact the comments provided by staff. 3.1 Concerns Regarding the Proposed Definition of Affordable Residential Unit Despite the Province releasing the new definition for public comment, not all the information required to determine how the definition will impact affordability has been provided. The current and proposed definition will rely on an “Affordable Residential Units for the purposes of the Development Charges Act” bulletin, which has not yet been released. The bulletin, published by the Ministry, would identify average market rents and purchase prices, define incomes for a local municipality, and define housing and units by type. There is currently no information about the data that will be used to determine market rates or local incomes: its source(s); frequency of updates; or geographic area of coverage. Given this lack of information, it is difficult to provide further meaningful comments on the proposed definitions that are the subject of this consultation. The lack of detail does not allow staff the ability to apply the proposed definition against data in the Pickering Housing Profile, which was updated in 2023 with the annual housing monitoring report. Staff has made assumptions, based on the most recent housing profile, using Statistics Canada Census and Toronto Real Estate Board data, and the language of the proposed definition, to illustrate how the definition may not result in affordability. Specifically, looking at the primary rental market provides greater insight into how this could impact affordability in Pickering. Table 1, from the updated Pickering Housing Profile in the 2022 Annual Housing Monitoring report, displays a cross reference of 2020 renter income deciles and maximum affordable rent. The maximum affordable rent is determined by using 30% of the indicated income. - 157 -- 157 - PLN 36-23 October 23, 2023 Subject: Environmental Registry of Ontario Posting 019-7669: Page 5 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act Table 1: Average Market Rents in the Primary Market Compared to Affordable Rents Based on Renter Income Deciles (Pickering, 2020) 2020 Income Deciles Renter Income Maximum Affordable Rent Average Primary Market Rent 2020 All Types Bachelor 1 Bedroom 2 Bedroom 3 Bedroom Low Income Decile 1 $24,600 $615 N N N N N Decile 2 $34,400 $860 N N N N N Decile 3 $48,000 $1,200 N $1,138 N N N Moderate Income Decile 4 $60,800 $1,520 $1,452 Y $1,356 N N Decile 5 $74,000 $1,850 Y Y Y $1,547 $1,721 Decile 6 $85,000 $2,125 Y Y Y Y Y High Income Decile 7 $104,000 $2,600 Y Y Y Y Y Decile 8 $123,000 $3,075 Y Y Y Y Y Decile 9 $159,000 $3,975 Y Y Y Y Y Minimum Wage $29,640 $741 N N N N N Source: RISWG custom order of Statistics Canada Census, 2022. Source: TREB, Market Watch, December 2022. Y: Yes, can afford Average Market Rent, N: No cannot afford Average Market Rent The table shows that currently, households in the primary rental market within the 6th decile, can afford rental units at average rental prices, while spending 30% of income or less. It is the households lower than the 5th decile, specifically low-income households, that are experiencing more pressing affordability issues. The change in the definition for rental units eliminates market rate, resulting in the price for affordable units being set using $2,125 per month. The $2,215 is an increase compared to the current market rates for all units within Pickering. This change would allow rental rates to increase while still meeting the definition of affordable and being exempt from development charges. This illustrates that using the 60th percentile of income households as the benchmark for affordability will result in low-income households spending more than current rates to pay rent for housing that has been deemed “affordable”. - 158 -- 158 - PLN 36-23 October 23, 2023 Subject: Environmental Registry of Ontario Posting 019-7669: Page 6 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act 4.Conclusion The Province has proposed a new definition of “affordable residential unit”, which considers household income as a factor for affordability. This represents a positive step from the current definition, which only considers market rates. Despite the new definition being proposed, the data and material that will be used to implement the new definition have not been made available. Staff are concerned with the wording that suggests using the 60th percentile of household incomes as the benchmark for affordability. This benchmark will not fully address affordability issues within communities, specifically for low-income households, and could result in higher rental rates. There is also a concern that units (that may not provide true affordability for all residents) will be exempt from paying municipal development charges and not require the dedication of parkland, which will impact the municipality and the community. If the exemption of development charges is being used to encourage affordable housing, it should benefit all residents in low- and moderate-income families, who need affordable housing. At this time, there is no additional information regarding “attainable” residential units. Staff have prepared comments and recommendations for Council’s consideration which, if endorsed, will be submitted as the City’s formal comments to the ERO by October 28, 2023. Attachment: 1.Table Comparing Existing and Proposed Definitions under the Development Charges Act Appendix: Appendix I City of Pickering Detailed Comments on Environmental Registry of Ontario Posting 019-7669 - 159 -- 159 - PLN 36-23 October 23, 2023 Subject: Environmental Registry of Ontario Posting 019-7669: Page 7 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act Prepared By: Original Signed By Brandon Weiler, MCIP, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics BW:ld Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 160 -- 160 - Attachment #1 to Report PLN 36-23 Table1 Comparing Existing and Proposed Definitions Under the Development Charges Act Existing Development Charges Act Proposed Bill 134 Changes Affordable residential unit rented (s.s. 4.1(2), para. 1) The rent is no greater than 80 per cent of the average market rent, as determined in accordance with subsection (5). The rent is no greater than the lesser of, i.the income-based affordable rent for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing in accordance with subsection (5), and ii.the average market rent identified for the residential unit set out in the Affordable Residential Units bulletin. Average Market Rent/Rent based on Income (s.s. 4.1(5)) for the purposes of s.s. 4.1(2), para. 1 the average market rent for the year in which the residential unit is occupied by a tenant, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin the Minister of Municipal Affairs and Housing shall, (a)determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for renter households in the applicable local municipality; and (b)identify the rent that, in the Minister’s opinion, is equal to 30 per cent of the income of the household referred to in clause (a). Affordable residential unit ownership (s.s. 4.1(3), para. 1) The price of the residential unit is no greater than 80 per cent of the average purchase price, as determined in accordance with subsection (6). The price of the residential unit is no greater than the lesser of, i.the income-based affordable purchase price for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing in accordance with subsection (6), and ii.90 per cent of the average purchase price identified for the residential unit set out in the Affordable Residential Units bulletin. - 161 -- 161 - Existing Development Charges Act Proposed Bill 134 Changes Average Market Rent/Purchase Price based on Income (s.s. 4.1(6)) for the purposes of s.s. 4.1(3), para. 1 the average purchase price for the year in which the residential unit is sold, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Government of Ontario the Minister of Municipal Affairs and Housing shall, (a) determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for households in the applicable local municipality; and (b) identify the purchase price that, in the Minister’s opinion, would result in annual accommodation costs equal to 30 per cent of the income of the household referred to in clause (a) 1 From Watson & Associates Economists Ltd. - 162 -- 162 - Appendix I to Report PLN 36-23 City of Pickering Detailed Comments on the Proposed Changes to the Definition of an “Affordable Residential Unit” in the Development Charges Act - 163 -- 163 - ERO Posting 019-7669 (Closing October 28, 2023) Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act, 1997 for the purpose of municipal development-related charge discounts and exemptions ERO Posting City of Pickering Comments Including household incomes in the definition of affordable. Including household income, and not solely using market rates, as a determination of the definition of affordability, is a positive step and encouraged. Affordable Residential Unit Rented Eliminating market rate from the definition of rental units, to solely define affordable units based on the income of the 60th percentile of households, could increase rental prices. Subject to the data to be used to in the Minister’s Bulletin, that will define incomes, market rates, units, etc., it is very possible that current rental prices will increase, be deemed affordable, and be exempt from development charges. This would appear to decrease affordability and add to the affordability crisis currently facing residents in Ontario. Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing The data, and data sources to be used, are critical to understanding the proposed definition of “affordable”, and how it will impact affordability in local communities. Please provide details, and establish a formal consultation process, on the following elements to be used in creating the Affordable Residential Units bulletin: •Data to be used to determine market prices, and local incomes; •Data sources; •Frequency of updates to the data and Bulletin; •Geographic area(s) to be used to define “the local municipality” e.g., municipal boundaries; CMHC districts, TREB districts; Census tracts, etc.? Determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for households in the applicable local municipality The definition in the Provincial Policy Statement, 2020, is more inclusive, as it refers to affordability to both low- and moderate-income households. It recognizes a broader range of affordability needs as part of the affordability crisis in Ontario. - 164 -- 164 - ERO Posting 019-7669 (Closing October 28, 2023) Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act, 1997 for the purpose of municipal development-related charge discounts and exemptions ERO Posting City of Pickering Comments The 60th percentile is considered the top end of the moderate-income range. Using the 60th percentile of income households as the benchmark for affordability will not fully address affordability. Low-income households, who require affordable housing assistance the most, may still not be able to afford units defined as affordable. The exemption of development charges is being used as a significant incentive to develop more affordable housing. As the incentive has significant impacts to municipalities and residents, the definition should benefit all residents in low and moderate income households. Additional Comments How will units be defined in the bulletin? The City of Pickering’s Development Charge By-law establishes charges for various categories of residential development (single and semi-detached; other multiples; apartments: 2 bedrooms +; apartments – bachelor and 1 bedroom). Will the Bulletin be providing information in corresponding unit types, or will some other metric be used, such as number of rooms; square metres, etc.? This is key to understanding how these units will be defined. How the units are defined may impact developers decisions to create larger units, including two and three bedroom units. These larger family units are needed and currently difficult to get developers to include in projects. - 165 -- 165 - Memo To: Susan Cassel October 18, 2023 City Clerk From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Director, Engineering Services Division Head, Water Resources & Development Services Subject: Request for Road Establishing By-law -Part Block 43, Plan 40M-2089, being Part 20, Plan 40R-30118File: Roadded.613 The City is the registered owner of Block 43, Plan 40M-2089 which was established as a reserve upon the registration of Plan 40M-2089. This reserve was put in place to prevent vehicular access from the lands to the east to Valley Farm Road. The Region of Durham will be widening Kingston Road east of Valley Farm Road, including dedicated bus lanes, which improvements will result in changes to the current intersection serving the development at 1525 Kingston Road. The intersection will become right in-right out and will result in the development requiring access to a signalized intersection. It is recommended that Council enact the attached draft by-law establishing Part 20, Plan 40R-30118 as public highway, thereby allowing the residents of 1525 Kingston Road the access to Valley Farm Road. The above referenced access has been requested by the Engineering Services department. The City Development department has no comments on it. Attached is a location map and draft by-law for consideration of City Council at its meeting scheduled for October 23, 2023. PB:ca Attachment Location Map Draft By-law - 166 -- 166 - ¯ o n R o a d n g s tKi -~r,f- PlCKER1NG I   Va l l e y F a r m R o a d Av o n m o r e S q u a r e E Part 20,40R-30118 DETAIL INSET NOT TO SCALE Part 20,40R-30118 E Location Map City Development Department Applicant: City of Pickering File:ROADDED 613 Property Description: Part Block 43, 40M-2089 being Part 20, 40R-30118 Date: Sep. 19, 2023 © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; SCALE 1:1,000: THIS IS NOT A PLAN OF SURVEY. PN-6 - 167 -- 167 - The Corporation of the City of Pickering By-law No. 8050/23 Being a by-law to establish Part Block 43, Plan 40M-2089, being Part 20, Plan 40R-30118 as public highway Whereas The Corporation of the City of Pickering is the owner of Part Block 43, Plan 40M-2089, being Part 20, Plan 40R-30118 and wishes to establish it as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Part Block 43, Plan 40M-2089, being Part 20, Plan 40R-30118 is hereby established as public highway (Valley Farm Road). By-law passed this 23rd day of October, 2023 ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 168 -- 168 -