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HomeMy WebLinkAboutApril 2, 2024 - Special Council Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D. Pickles L. Robinson Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Boyd - Fire Chief L. Gibbs - Director, Community Services B. Duffield - Director, Operations R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects J. Halsall - Division Head, Finance S. Cassel - City Clerk C. Redmond - (Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2. Disclosure of Interest No disclosures of interest were noted. Mayor Ashe opened the Meeting by providing remarks relating to the number of incidences of lack of respect for the rules of procedure at the March 25, 2024 Council Meeting. Mayor Ashe advised that going forward, the rules of procedure would be strictly enforced, and that if Council breached the rules they would be provided one chance after which they would not be recognized for the rest of the meeting in accordance with the Procedure By-law. 3. New and Unfinished Business Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 3.1 Fire Chief, Report FIR 02-24 Extension of NextGen Communications Interoperability and Radio System User Agreement to Additional Users (Elexicon Energy) A discussion ensued between Members of Council and staff regarding: • confirmation that residents would continue to contact Elexicon Energy in case of power outages; • whether the original agreement could be provided to Council; • why Elexicon Energy was interested in entering into the Radio System Use Agreement; and, • the operational cost savings to all current users, and the number of users on the system. Resolution #448/24 Moved by Councillor Brenner Seconded by Councillor Butt 1. That the Mayor and City Clerk be authorized to execute the Adhesion Agreement adding Elexicon Energy Inc. as a party to the NextGen Communications Interoperability and Radio System Use Agreement, as set out in Attachment 1 of Report FIR 02-24, subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; 2. That the Fire Chief be authorized to execute this agreement and future agreements adding new parties to the NextGen Communications Interoperability and Radio System Use Agreement on terms satisfactory to the Fire Chief and the Director, 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 4. Motions and Notice of Motions 4.1 Commemorative Bench Recognition – Paul White A brief discussion ensued regarding Mr. White’s accomplishments in the community. Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Resolution # 449/24 Moved by Councillor Brenner Seconded by Councillor Nagy WHEREAS, Mr. Paul White is one of the longest serving Presidents of a community association in Pickering; And Whereas, under Mr. White’s leadership, the Fairport Beach Neighbourhood Association has and continues to provide a range of community support for the betterment of Pickering; such as helping families in need, donations to the foodbank, providing aid to the animal shelter and negotiating the sale of Association property to the Toronto and Region Conservation Authority (TRCA), which subsequently enabled the seamless construction of Pickering Waterfront from Petticoat Creek to Westshore; And Whereas, the City’s Commemorative Programs are applicable to anyone (alive or deceased); 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 staff undertake an evaluation of installing a commemorative bench or otherwise recognizing Paul White; and, 2. That staff report back to Council with their recommendations no later than Q2 of 2024. Carried Unanimously on a Recorded Vote 4.2 Recognition of Ernie Arthur Coombs A brief discussion ensued between Members of Council regarding Mr. Coombs accomplishments and the importance of celebrating his life achievements. Resolution # 450/24 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Mr. Ernie Arthur Coombs, commonly known by his stage name of Mr. Dressup, was an American-Canadian children’s entertainer and long-standing Pickering resident; Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting And Whereas, Mr. Coombs starred in Mr. Dressup which was one of English Canada’s most treasured and longest running children’s programs; And Whereas, Mr. Coombs is regarded as a Canadian children’s media icon who has been acknowledged for a number of prestigious awards and tributes including but not limited to, a star on Canada’s Walk of Fame, an Honorary Doctorate of Laws from Trent University, appointment as a Member of the Order of Canada, a Lifetime Achievement Award from the Children’s Broadcast Institute, a commemorative Google doodle on their home page for his 85th birthday, and an Amazon Prime Video documentary that premiered at the 2023 Toronto International Film Festival which won the People’s Choice Award for Documentaries; 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 Section 06 of CUL 130, Public Art Policy, that staff be directed to undertake a commission of Public Artwork at a location to be confirmed to celebrate the life of Ernie Coombs; 2. That, as per Section 8.01 of CUL 130, Public Art Policy, the artwork be commissioned through the Issuance of an Open Call; 3. That consultation with Mr. Coombs’ family, and community consultation be undertaken for the three top-ranked Public Art Jury selections prior to finalizing the artist selection; and, 4. That staff report back to Council no later than Q4 of 2024. Carried Unanimously on a Recorded Vote 4.3 Casino Revenue Sharing and MOU with Durham Region The Chair ruled that the motion pertaining to Casino Revenue Sharing and MOU with the Durham Region was out of order. This matter was not debated or disposed of by Council. 4.4 Request to Ontario Human Rights Commission A discussion ensued between Members of Council regarding: • the importance of understanding the Human Rights Code and why the Human Rights Commission was being asked to hold a Public Interest Inquiry; Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting • clarification that the motion was not asking for an investigation, but an opportunity for engagement where there was public interest, to assist the City with tools to repair the damage that has been done in the community, and a process to deal with complaints, including advocating for legislated changes; • the motion adding to the recent correspondence from the Association of Municipalities of Ontario’s asking the Province to amend legislation to strengthen Codes of Conduct; • the process and timing of the mandatory training for all Members of Council and City staff on the Human Rights Code, including all forms of racism, discrimination and prejudice; • the support from a delegate at the February Council meeting for the Public Interest Inquiry; and, • the antics in the Chambers not serving the community and the motion seeking to address the harm and the assault on democratic processes in order that the business of the City could be conducted. Resolution #451/24 Moved by Councillor Brenner Seconded by Councillor Nagy WHEREAS, it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province; And Whereas, these principles have been confirmed in Ontario by a number of enactments of the Legislature, and the Ontario Human Rights Commission (OHRC) works to identify the root causes of discrimination, and to bring about broad, systemic change to remove them; And Whereas, the OHRC develops policies and provides public education, monitors human rights, and undertakes research and analysis; And Whereas, The OHRC conducts human rights public interest inquiries; And Whereas, the Human Rights Code, R.S.O, 1990, c. H. 19, (the “Code”), says the OHRC can conduct an inquiry to: • look into incidents of, or conditions of, tension or conflict in a community, institution or sector of the economy and make recommendations, and Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting encourage and co-ordinate plans, programs and activities, to reduce or prevent such incidents or sources of tension or conflict; • look into programs, policy and practices made under statute for consistency with the Code and make recommendations; And Whereas, the International Day for the Elimination of Racial Discrimination is observed annually on March 21st to recognize the killing of 69 peaceful protestors by police in Sharpeville, South Africa, at a demonstration against apartheid laws in 1960; And Whereas, the International Transgender Day of Visibility is observed annually on March 31st to raise awareness about the trans community, building upon the activism of trans advocate Rachel Crandal in response to the violence of media representations and dedicated to raising awareness of the discrimination faced by transgender people worldwide, as well as celebrating their contributions to society; And Whereas, in spite of best efforts to increase awareness, the increasing trend in the number of hate crimes is troubling, and the amount of hate speech is rising around the world and is linked to a global increase of violence and mass shootings; And Whereas, it must be acknowledged and faced, that there are many individuals, communities and societies still suffering from injustice and stigma of systemic and structural racism, homophobia, and transphobic behaviours; And Whereas, written/penned comments by a member of the Council of the City of Pickering (Councillor Lisa Robinson) reported in local/national media and across various social media platforms, widely deemed to be racist, homophobic, transphobic, and threatening, has negatively impacted Black communities and other protected identifiable groups within the City of Pickering, extending across Durham Region and the Greater Toronto Area; And Whereas, despite formal statements released by Mayor Kevin Ashe, on behalf of the Council and the City of Pickering, apologizing for the harm caused by Councillor Robinson, and calling on the Councillor to apologize and take corrective measures, it has done little to ease the tensions and conflict that have been created; And Whereas, the continued conduct of the Councillor, with no remorse, and their unwillingness to take corrective measures, has prompted organizations and individuals through delegation and/or written submissions to demand that the Council of the City of Pickering take immediate steps to deal with the harm that has been caused, including the removal of the Councillor from Public Office; Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting And Whereas, eligibility to hold Public Office, and mechanisms for dealing with the conduct of a member of Council is established through Provincial Public Policy; And Whereas, Subsection 223.2(1) of the Municipal Act, 2001, S.O 2001, c.25, (the “Act”) requires every municipality to establish codes of conduct to apply to members of council and local boards; And Whereas, while the Act enables the imposition of penalties, including the suspension of a member’s remuneration for a period up to 90 days, there are no provisions for the removal of a member where there is no remorse and the conduct is in contravention of Law and specifically the Ontario Human Rights Code; And Whereas, those elected to Municipal Office have a duty to uphold the Law including refraining from engaging in conduct where the conduct is hurtful and contributes and/or promotes prejudice, discrimination and/or hatred towards any identifiable group; And Whereas, the events that have taken place in Pickering could occur in other municipalities, and any remedial actions resulting from the Councillor’s behavior will likely have impacts beyond Pickering and the Region of Durham and may be viewed as powerful deterrents; And Whereas, in addition to holding Public Interest Inquiries, the OHRC can make submissions to various levels of government (provincial, federal and municipal) on laws and regulations that are being considered as well as policy and practice amendments; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering requests the assistance of the Ontario Human Rights Commission to: 1. Hold a Public Interest Inquiry in the City of Pickering, to provide an opportunity for the Commission to hear from individuals and/or organizations on the need to enshrine in the Municipal Act, tools that can address the conduct of an elected Official who engages in behaviour that promotes racism, prejudice, bias and/or discrimination against any identifiable group, including their removal from public office; 2. Advise the City of Pickering on other tools, including mandatory training for all Members of Council and Staff on the Ontario Human Rights Code, including all forms of Racism, Discrimination and Prejudice, as well as ways to heal the impact that was caused in the community; Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 3. That a copy of the October 13, 2023, Pickering Integrity Commissioner’s report, be sent to the Chief Commissioner, Ontario Human Rights Commission; and, 4. A copy of this resolution be sent to the Chief Commissioner, Ontario Human Rights Commission, the Chair, Pickering Anti-Black Racism Task Force (PABRT); Director Diversity, Equity and Inclusion, Regional Municipality of Durham, the City of Pickering Integrity Commissioner; and all Durham Region MPPs. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 5. Regional Councillor Updates There were no updates from Regional Councillors. 6. Other Business 6.1 Councillor Cook gave Notice of a Motion regarding a Veteran’s parking space designation at all City owned facilities. 6.2 Councillor Robinson asked for clarification on the process should there be technical difficulties with the livestream of Council and Standing Committee Meetings, whether closed captioning was an option for the livestream, and her concerns with white noise. Councillor Robinson asked for further clarification regarding the amount charged for Freedom of Information Requests, and whether the City would bring back accepting cash payments from residents at City facilities. 6.3 Councillor Pickles referred to a recent statement by the Durham Region Medical Officer of Health and the importance of keeping up-to-date with measles vaccinations and encouraged residents to consult with their health care professionals if they had any questions. Draft Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 7. Confirmatory By-law By-law Number 8096/24 Councillor Cook, seconded by Councillor Brenner moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of April 2, 2024. Carried 8. Adjournment Moved by Councillor Butt Seconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 5:00 pm. Dated this 2nd day of April, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk