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September 28, 2020
Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public 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. Page 1.Roll Call 2.Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3.Disclosure of Interest 4.Adoption of Minutes In Camera Council Minutes, August 24, 2020 Provided Under Separate Cover Council Minutes, August 24, 2020 1 Special Council Minutes, Education & Training, August 31, 2020 (Confidential Special Council Minutes, Education & Training, August 31, 2020, provided under separate cover) 14 Executive Committee Minutes, September 14, 2020 16 Planning & Development Committee Minutes, September 14, 2020 22 5.Presentations 6.Delegations Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 6.1 Christopher Norris, Deputy General Manager, Operations Durham Region Transit Re: Service Re-design and Transit System Enhancements 6.2 Aghlab Al-Joundi Re: Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 6.3 David Donnelly, Donnelly Law Re: Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 7. Correspondence 7.1 Corr. 40-20 32 Jillian Lum, Acting Regional Director General Ontario Region Re: COVID-19 Emergency Support Fund – Pickering Museum Village Recommendation: That Corr. 40-20, dated August 5, 2020, from Jillian Lum, Ontario Region, regarding the COVID-19 Emergency Support Fund, be received for information. 7.2 Corr. 41-20 33 Jennifer O'Connell Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Member of Parliament, Pickering-Uxbridge Re: Infrastructure Funding in Pickering-Uxbridge under the Investing in Canada Infrastructure Program (ICIP) Recommendation: That Corr. 41-20, dated August 20, 2020, from Jennifer O'Connell, Member of Parliament, regarding Infrastructure Funding in Pickering- Uxbridge under the Investing in Canada Infrastructure Program (ICIP), be received for information. 7.3 Corr. 42-20 35 Elexicon Energy Re: Business Operations Update during COVID-19 Recommendation: That Corr. 42-20, dated August 21, 2020, from Elexicon Energy, regarding their Business Operations Update during COVID-19, be received for information. 7.4 Corr. 43-20 37 Township of North Glengarry Re: Long Term Care Homes Recommendation: That Corr. 43-20, dated September 14, 2020, from Township of North Glengarry, regarding Long Term Care Homes, be endorsed. 7.5 Corr. 44-20 38 Tanya Ryce, Supervisor, Cultural Services City of Pickering Cultural Advisory Committee - Revised 2020 Work Plan Recommendation: That Corr. 44-20, dated September 17 2020, from Tanya Ryce, Supervisor, Cultural Services, regarding the Cultural Advisory Committee – Revised 2020 Work Plan, be received for information. Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 7.6 Corr. 45-20 41 Shaun Collier, Mayor Town of Ajax Re: Use of Lottery Proceeds for Legions – Financial Hardships due to COVID-19 Recommendation: 1. That Corr. 45-20, dated September 2, 2020, from Shaun Collier, Mayor, Town of Ajax, regarding Use of Lottery Proceeds for Legions – Financial Hardships due to COVID-19, be endorsed; and, 2. That a copy of this Resolution be forwarded to the Hon. Doug Downey, Ministry of the Attorney General, Durham MPP’s, and Durham Regional Municipalities. 7.7 Corr. 46-20 43 Brian Duffield, (Acting) Director, Community Services City of Pickering Re: Request to Deaccession Artifacts from Core to Education Collection at Pickering Museum Village - July 2020 Deaccession List Recommendation: That Corr. 46-20, dated September 21, 2020, from Brian Duffield, (Acting) Director, Community Services, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on July 2, 2020, be approved. 7.8 Corr. 47-20 54 Jennifer O'Connell Member of Parliament, Pickering-Uxbridge Re: Canada Healthy Communities Initiative and Environmental Damages Fund Recommendation: Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Corr. 47-20, dated September 10, 2020, from MP Jennifer O’Connell, regarding the Canada Healthy Communities Initiative and Environmental Damages Fund, be received; and, 2. That the appropriate staff, through the Interim CAO, be directed to pursue available grant opportunities. 7.9 Corr. 48-20 56 Kimberly Thompson, Manager, Municipal Law Enforcement Services City of Pickering Re: Direction Regarding Pickering Markets License Fee for Remainder of 2020 - Council Resolution #315/20 Recommendation: Council direction required. 7.10 Corr. 49-20 59 Paul Dubé, Ontario Ombudsman Re: City of Pickering Closed Meeting Complaint Recommendation: That Corr. 49-20, dated September 23, 2020, from Paul Dubé, Ontario Ombudsman, regarding the City of Pickering Closed Meeting Complaint, be received for information. 8. Report EC 2020-06 of the Executive Committee held on September 14, 2020 Refer to Executive Committee Agenda pages: 8.1 (Acting) Director, Community Services, Report CS 28-20 1 Community Safety and Well-Being Plan - Update Recommendation: 1. That Council receive and support in principle Report CS 28-20 regarding the City of Pickering’s Community Safety and Well-Being Plan; and, Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 8.2 (Acting) Director, Community Services, Report CS 29-20 12 Quotation No. Q2020-24 - Quotation for the Supply and Delivery of 4 Ton and 5 Ton Dump Trucks with Plow, Wing Recommendation: 1. That Quotation No. Q2020-24 submitted by James Palmer Premier Truck Group, in the amount of $1,257,714.86 (HST included) be accepted; 2. That the total gross quotation cost of $1,329,972.00 (HST included) and the total net project cost of $1,197,681.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the project as follows: a) the approved funds in the amount of $860,000.00 funded from Vehicle Replacement Reserve and $300,000.00 from Development Charges as provided for in the 2020 Roads Equipment Capital Budget and the amount of $50,000.00 funded from Rate Stabilization in the 2020 Property Capital Budget for a total of $1,210,000.00, and that; b) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.3 Director, Engineering Services, Report ENG 09-20 17 Boundary Road Agreement - Township of Uxbridge Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That the City of Pickering enter into a new Boundary Road Agreement with the Township of Uxbridge for the period July 1, 2020 to June 30, 2030; 2. That the Mayor and City Clerk are hereby authorized to execute the Boundary Road Agreement between the City of Pickering and the Township of Uxbridge in substantially the same form as attached to this report, and satisfactory to the City Solicitor; 3. That a by-law authorizing the execution of a Boundary Road Agreement between The Corporation of the City of Pickering and The Corporation of the Township of Uxbridge as attached to this report be enacted; 4. That a copy of Report ENG 09-20 and relevant Council resolution be forwarded to the Township of Uxbridge; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.4 Director, Finance & Treasurer, Report FIN 12-20 28 Estimated Heritage Property Tax Grant Financial Impact Recommendation: 1. That Report FIN 12-20 from the Director, Finance & Treasurer regarding the impact of a potential Heritage Property Tax Grant be received for information; and, 2. That Staff be directed to report back to Council, in December 2020, with a Heritage Property Tax Rebate Program, based on the Notice of Motion presented at the July 27, 2020 Council meeting. 9. Report PD 2020-06 of the Planning & Development Committee held on September 14, 2020 Refer to Planning & Development Agenda pages: Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 9.1 Director, City Development & CBO, Report PLN 18-20 1 Infill and Replacement Housing in Established Neighbourhoods Study - Planning Recommendations Report (Phase 3 Report) Recommendation: 1. That the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, as contained in Attachment #1 to Report 18-20, be endorsed; 2. That, in accordance with the recommendations in the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, City staff; a) be authorized to initiate the recommended Official Plan and Zoning By-law Amendment processes; b) be authorized to undertake the necessary steps to implement the recommended by-law to restrict the width of driveways in the public right-of-way; and, c) be directed to investigate the implementation of a by-law for the protection of trees on private property and report back to Council in mid 2021. 3. That Council adopt the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts contained in Appendix B of the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020. 9.2 Director, City Development & CBO, Report PLN 14-20 85 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 Recommendation: Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca That Shared Network Canada be advised that City Council does not object to the proposal for a 45.0 metre high tapered self -supported style telecommunication tower located at 2170 Ninth Concession Road, based on the design and location of the revised proposal. 9.3 Director, City Development & CBO, Report PLN 16-20 232 The Draft Carruthers Creek Watershed Plan 2020–2030 Prepared by Toronto and Region Conservation Authority - City of Pickering Recommendations to the Draft Watershed Plan Recommendation: 1. That the Toronto and Region Conservation Authority (TRCA) be requested to revise the Draft Carruthers Creek Watershed Plan (CCWP), as follows: (a) Providing greater clarity about the “77%” figure identified as the potential increase in downstream peak flows under the hypothetical land use Scenario 3 modelling analysis including: explaining that it is a “worst case” scenario and why; identifying the rainfall and storm duration parameters for a Hurricane Hazel type event; and relating the modelled increases in peak flows to the proposed management recommendations; (b) Revising Management Recommendation 3.1.1 respecting the protection, expansion and restoration of the Natural Heritage System (NHS) in the watershed, to reflect discussion in the introductory text that precedes Table 8: NHS Management Recommendations, to allow consideration of alternative configurations, size and composition for an enhanced NHS to that identified on Map 2 of the Draft CCWP; and, (c) Adding a new Management Recommendation 1.3.6 stating that TRCA continues to support and enhance the existing flood model by increasing the number of rainfall monitoring stations and stream flow gauges on all tributaries including the most minor. 2. That a copy of this Report and Council’s resolution be forwarded to the TRCA, the Region of Durham and the Town of Ajax. Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 9.4 Director, City Development & CBO, Report PLN 17-20 336 Official Plan Amendment Application OPA 18-002/P Zoning By-law Amendment Application A 03/18 Metropia (Notion Road) Development Inc. Part of Lot 17, Concession 1, Now Part Lots 1, 2, and 3, 40R-11413 (1865 Pickering Parkway) Recommendation: 1. That Official Plan Amendment Application OPA 18 -002/P, submitted by Metropia (Notion Road) Development Inc., to reduce the minimum net residential density from 80 units per net hectare to 58 units per net hectare for the lands located on the south side of Pickering Parkway west of Notion Road, and to re-designate the easterly portions of the subject lands and the lands (1805 Pickering Parkway) immediately to the south, currently owned by Pickering Ridge Lands Inc. Trustee, from “Mixed Use Areas – Specialty Retailing Node” to “Open Space System – Natural Areas” to allow a residential condominium development to be approved, and that the draft by-law to adopt Amendment 39 to the Pickering Official Plan as set out in Appendix I to Report PLN 17-20 be forwarded to Council for enactment; and, 2. That Zoning By-law Amendment Application A 03/18, submitted by Metropia (Notion Road) Development Inc., to facilitate a residential condominium development consisting of 130 townhouse units on lands located on the south side of Pickering Parkway west of Notion Road, be endorsed subject to the provisions contained in Appendix II to Report PLN 17-20, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. 10. Reports – New and Unfinished Business 10.1 (Acting) Director, Community Services, Report CS 30-20 63 Update on Indigenous Land Acknowledgement and Relationship Building - Cultural Advisory Committee Recommendation: 1. That Council adopt the proposed Indigenous Land Acknowledgement Statement as set out in Attachment 1; Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That Council endorse the Indigenous Relationship Building Action Plan, prepared by staff and the Cultural Advisory Committee, as set out in Attachment 2; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.2 Director, Engineering Services, Report ENG 07-20 78 Claremont Memorial Park Baseball Diamond Reconstruction - Tender No. T2020-27 Recommendation: 1. That Tender No. T2020-27 for Claremont Memorial Park Baseball Diamond Reconstruction as submitted by Latitude 67 Ltd. in the total tendered amount of $565,489.52 (HST included) be accepted; 2. That the total gross project cost of $658,378.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $592,890.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $592,890 .00 as approved in the 2020 Parks Capital Budget by a transfer from the Parkland Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.3 Director, Engineering Services, Report ENG 08-20 88 Barber Street Road Reconstruction - Tender No. T2020-24 Recommendation: 1. That Tender No. T2020-24 for Barber Street Road Reconstruction as submitted by NEI Construction Corp. in the total tendered amount of $249,224.33 (HST included) be accepted; Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the total gross project cost of $315,064.00 (HST included), including the tendered amount, a contingency, and other associated costs, and the total net project cost of $283,725.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $283,725.00 as approved in the 2020 Roads Capital Budget by a transfer from the Roads and Bridges Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.4 Director, Human Resources, Report HUR 03-20 98 Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Recommendation: 1. That Report HUR 03-20, regarding a Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference, be received; 2. That the draft By-law, defining the duties of the CAO, included as Attachment #1 to HUR 03-20, be enacted; 3. That an Ad Hoc, Chief Administrative Officer (CAO) Recruitment Committee, be established and comprised of the Mayor, two Members of Council selected by the Mayor, the Director, Human Resources, the City Clerk and an external executive recruiter; 4. That the draft Terms of Reference for the CAO Recruitment Committee, included as Attachment #2 to HUR 03-20, be approved; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.5 Director, Corporate Services & City Solicitor, Report LEG 09-20 117 Indemnification Agreements - Construction of Median on Brock Road, Duffin Heights Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1.That the attached Indemnification Agreement between Duffin’s Point Inc., The Corporation of the City of Pickering, and The Regional Municipality of Durham be approved (Attachment No. 1 to this Report); 2.That the attached Indemnification Agreement between Duffin’s Point Inc. and The Corporation of the City of Pickering be approved (Attachment No. 2 to this Report); 3.That the Mayor and City Clerk be authorized to execute said Indemnification Agreements, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 11.Motions and Notice of Motions 12.By-laws 12.1 By-law 7779/20 Being a by-law to authorize the execution of a Boundary Road Agreement between the Corporation of the City of Pickering and the Corporation of the Township of Uxbridge (July 1, 2020 to June 30, 2030). [Refer to page 27 of the Executive Committee Agenda] 12.2 By-law 7780/20 106 Being a by-law to describe the duties and responsibilities of the Chief Administrative Officer and set out certain conditions of employment. [Refer to Item 10.4 HUR 03-20] 12.3 By-law 7781/20 130 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Council Meeting Agenda September 28, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 12.4 By-law 7782/20 133 Being a by-law to establish Part of Lot 59, RCP 1041, designated as Parts 4 and 5, 40R-30575 and Part of Block 21, 40M-2402, designated as Part 6, 40R-30575 as public highway. (Wingarden Crescent). 12.5 By-law 7783/20 136 Being a by-law to establish certain roads within the City of Pickering, Regional Municipality of Durham as public highways. (Hibiscus Drive, Delphinium Trail, Marathon Avenue, and Aquarius Trail). 13. Other Business 14. Confirmation By-law 15. Adjournment Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO B. Duffield - (Acting) Director, Community Services J. Eddy - Director, Human Resources J. Flowers - CEO & Director of Libraries, Pickering Public Library S. Boyd - (Acting) Fire Chief 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 T. Ryce - Supervisor, Cultural Services R. Perera - (Acting) Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3. Disclosure of Interest No disclosures of interest were noted. 4. Adoption of Minutes Resolution # 403/20 - 1 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt In Camera Council Minutes, July 27, 2020 Council Minutes, July 27, 2020 Executive Committee Minutes, August 10, 2020 Special Council Minutes, August 10, 2020 Planning & Development Committee Minutes, August 10, 2020 Carried 5. Presentations There were no presentations. 6. Delegations 6.1 Esther Forde, Michelle Francis, and Celia Cooper Pickering Anti-Black Racism Taskforce Preparatory Sub-committee Re: Report CS 27-20 Pickering Anti-Black Racism Initiatives Esther Forde, Pickering Anti-Black Racism Taskforce Preparatory Sub-committee, joined the electronic meeting via audio connection to present the proposal for forming the Pickering Anti-Black Racism Taskforce (PABRT). Ms. Forde noted that Michelle Francis and Celia Cooper, members of the Pickering Anti-Black Racism Taskforce Preparatory Sub-committee, were also present via audio connection to answer questions if required. Ms. Forde referred to a PowerPoint presentation, which was circulated to Members of Council prior to the meeting, and stated the images in that presentation, taken locally, depicted the pain and frustration of the Black community worldwide. Ms. Forde stated that the Black residents of Pickering are requesting equal treatment, the acknowledgement of the existence of Anti-Black Systemic Racism, and for the City to engage with these issues with seriousness and consistency. Ms. Forde thanked Members of Council for allowing the Sub-Committee, alongside members of the community, stakeholders, Pickering Public Library, and Cultural Services staff to undertake the initial work of creating the PABRT. Ms. Forde noted that the PABRT will work in partnership with the Pickering community, Durham -based Black organizations, businesses, stakeholders, and the City to eliminate barriers and to identify and coordinate opportunities for stakeholder and community engagement and provide expert community input and action on matters relating to Anti-Black racism initiatives. Ms. Forde stated that the mandate of the PABRT included communicating with the residents of Pickering to identify opportunities for education and improvement, strengthening and supporting Black-led economic - 2 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm development and Black employment initiatives, supporting the creation and success of Black communities and cultural organizations, providing action, advocacy, support, leadership, building partnerships, and providing educational resources. She highlighted achievements of the CAC relating to Anti-Black Racism Initiatives including the City’s Anti-Black Racism Statement, the lit Anti- Black Racism display at City Hall, and a report to Council seeking endorsement to establish an Anti-Black Racism Taskforce. Ms. Forde concluded her delegation with a request to Council to endorse Report CS 27-20, Anti-Black Racism Initiatives. A question and answer period ensued between Michelle Francis and Celia Cooper and Members of Council regarding: collaborating with organizations representing the Black Community in Pickering including organizations such as, Urban Alliance on Race Relations, Break the Chains Pickering, the Durham Black Accountability Coalition, and the Pickering Canadian Caribbean Cultural Association; the independence of the PABRT from the CAC once it is established; and, the reporting relationship between the CAC, PABRT and Council. 6.2 Dilin Simon Re: Report CS 27-20 Pickering Anti-Black Racism Initiatives Dilin Simon, 2121 Theoden Court, joined the electronic meeting via audio connection and read an open letter, addressed to Council, from Break the Chains Pickering and Urban Alliance on Race relations that had been provided to Members of Council prior to the meeting. The letter was in response to the actions taken regarding the Pickering Anti-Black Racism Initiatives. Ms. Simon noted that the CAC is unequipped to handle Anti-Black Racism Initiatives and that the Black community’s issues had not been mentioned in meeting agendas of the CAC prior to the death of George Floyd. Ms. Simon requested that Members of Council acknowledge their own privilege, provide a platform and the tools to express racial oppressions to those without a voice, listen to the needs of citizens, and to take action accordingly which would result in building of trust in the Black community. Ms. Simon concluded her delegation by a sking Members of Council why the Black community of Pickering was not made aware or involved in the Anti-Black Racism Initiatives, what Members of Council intended to do with the information before them, as well as the reasoning behind not allowing the Black residents of Pickering to lead the creation of the Taskforce. A question and answer period ensued between Dilin Simon and Members of Council on how Ms. Simon would approach establishing an Anti-Black Racism Taskforce to address the issues facing the Black community in Pickering. - 3 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm 6.3 Neethan Shan, Urban Alliance on Race Relations Re: Report CS 27-20 Pickering Anti-Black Racism Initiatives Neethan Shan, Urban Alliance on Race Relations, joined the electronic meeting via audio connection to express concerns regarding the City’s Anti -Black Racism Initiatives. Mr. Shan stated that he is disappointed with Council’s decision to allow the CAC to conduct work relating to Anti-Black Racism as racism is not a cultural or a diversity issue, rather it is a systemic issue. Mr. Shan expressed concern regarding the conduct of the CAC’s August 6, 2020 meeting, the lack of discussion and debate by the Committee on the matter and the lack of capacity of the CAC to deal with these issues. He added that supporting Black artists, while important, is not the way to tackle Anti-Black Racism issues and stated the point was being missed and that day-to-day Anti-Black Racism was much more serious. Mr. Shan referenced Toronto’s Confronting Anti-Black Racism Unit as a good example and raised questions to Council regarding diversity of staffing in the City, support for Black vendors and businesses, resources, such as library books for the Black community, and the need to reallocate resources to address these issues. Mr. Shan concluded with a request that Members of Council stop the CAC’s involvement in creating the Taskforce and start fresh, by involving the Black community of Pickering, including organizations such as Break the Chains. A question and answer period ensued between Neethan Shan and Members of Council regarding: creating a cohesive approach and involving organizations such as Break the Chains, Urban Alliance, as well as others, before establishing the Anti - Black Racism Task Force; whether the Urban Alliance on Race Relations was equipped to lead these initiatives; the proposed composition of the Taskforce, as outlined in Report CS 27-20, and the opportunities that would be in place to engage those groups; the reporting relationship between the CAC, PABRT, and Council; previous experiences of Urban Alliance on Race Relations in forming a Anti-Black Racism Taskforce and whether they were aware of any other task forces that run independently; and, whether they had been involved with other municipalities that are creating an Anti-Black Racism Taskforce. 6.4 Paulette Senior Re: Report CS 27-20 Pickering Anti-Black Racism Initiatives - 4 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm Paulette Senior, 735 Sunbird Trail, joined the electronic meeting via audio connection to express concerns regarding the City’s Anti-Black Racism Initiatives. Ms. Senior noted that she has been involved in advocacy work for many years and that she is deeply concerned with how this process has been addressed from the outset. She stated that Council was elected to represent multiple voices in the community and requested that Mayor Ryan provide leadership that demonstrates the same level of investment in Anti-Black Racism that Black residents of Pickering have. Ms. Senior requested that Council invite the Black residents of Pickering to hear their concerns in order to understand the issues surrounding the Black community, and noted the importance of understanding these issues prior to creating a framework to address them. Ms. Senior requested that Council put aside the decision to establish the Taskforce, to hear and understand the issues, and to consider a different approach beyond what is proposed by the CAC. 6.5 Charlene Rocha Re: Report CS 27-20 Pickering Anti-Black Racism Initiatives Charlene Rocha, 2366 Strathmore Crescent, joined the electronic meeting via audio connection to express concerns regarding the City’s Anti -Black Racism Initiatives. Ms. Rocha noted that many Black residents of Pickering were not aware that a Taskforce was underway, that the taskforce must be led by the Black community of Pickering and report directly to Council, that Culture is different from Race, and that a survey is insufficient in understanding the issues surrounding the Black community. Ms. Rocha concluded her delegation noting that a taskforce is necessary and requested that Members of Council create the taskforce using a different approach. 6.6 Nathaniel Luces Re: Report CS 27-20 Pickering Anti-Black Racism Initiatives Nathaniel Luces, 1580 Kingston Road, joined the electronic meeting via audio connection to express concerns regarding the City’s Anti-Black Racism Initiatives. Mr. Luces noted that a lack of transparency was present by the CAC in embarking on these initiatives and that they were not committed to listening. He stated that the Black residents of Pickering were not involved in the process which contributed to a lack of trust, noting engaging them after the fact was not the right approach. Mr. Luces concluded by stating that the 4 Black residents of the CAC do not accurately represent the almost 10,000 Black residents of Pickering. - 5 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm 7. Correspondence 7.1 Corr. 38-20 Don Lovisa, President, Durham College Craig Stevenson, President, Centennial College Re: Pickering Learning Site Closure Discussion ensued between Members of Council regarding the importance of having a post-secondary branch in Pickering and the disappointment in the closure decision. A question and answer period ensued regarding whether Staff were given prior notice of the closure, if Pickering is the only satellite operation of Durham College to close down, and if Staff are conducting discussions with other post-secondary institutions interested in coming to Pickering. Fiaz Jadoon, Director, Economic Development & Strategic Projects advised that Staff were given notice at the same time as Council, Pickering is the only Satellite Operation of Durham College to close down, and that Staff have not had any discussions with other Post- Secondary Institutes to date. Further discussion ensued between Members of Council regarding a response to Durham College expressing disappointment with the closure decision, with Mayor Ryan noting that he will be responding to the letter from Durham and Centennial College expressing the concerns of Council. Councillor Ashe stated that he had a conversation with Mr. Lovisa, President, Durham College, and Mr. Stevenson, President, Centennial College prior to the issuance of the letter as Deputy Mayor, and stated that the decision was due to COVID-19 and not due to cuts to Provincial funding as there was no Provincial funding even prior to COVID-19. Further questions were raised regarding impacts to students who had already enrolled and paid for courses and whether there are any plans to invite other educational institutions to the City. Mr. Jadoon stated that the City is not involved in the internal affairs of the College and its programs and that Staff were waiting to discover more information on the new tenant. Resolution # 404/20 Moved by Councillor Ashe Seconded by Councillor Cumming - 6 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm That Corr. 38-20, dated August 7, 2020, from Don Lovisa, President, Durham College, and Craig Stevenson, President, Centennial College, regarding the Pickering Learning Site Closure, be received for information. Carried 7.2 Corr. 39-20 The Honourable Steve Clark, Minister Ministry of Municipal Affairs and Housing Re: Federal-Provincial Safe Restart Agreement Municipal Operating Funding Phase 1: Immediate Funding for Municipal Pressures A question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer regarding: whether the City has a list of incurred expenses to be included in the Phase 2 funding program; whether Phase 1 requires the same justifications and clarifications as Phase 2; whether the City needed to acknowledge receipt of the letter prior to providing clarification and justification; whether costs of virtual services would be included in Phase 1 or Phase 2; and, whether the costs of the Pickering Library services that were implemented during COVID-19 would be included in Phase 1. Mr. Karwowski noted that Staff will be bringing a report to the September 28th Council Meeting to provide a year-end projection for the current year regarding the deficit which will then form the basis for the Phase 2 application. Resolution # 405/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 39-20, dated August 12, 2020, from The Honourable Steve Clark, regarding the Federal-Provincial Safe Restart Agreement, be received for information. Carried - 7 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm 8. Report EC 2020-05 of the Executive Committee held on August 10, 2020 8.1 Director, Economic Development & Strategic Projects, Report CAO 04 -20 Economic Status of Local Businesses in Pickering During COVID-19 Council Decision: 1. That report CAO 04-20 regarding the economic status of local businesses in Pickering during COVID-19 be received for information; and, 2. That Staff be directed to provide an update to Council on the economic status of local businesses in Pickering, based on the data available, at the December 14, 2020 Meeting. 8.2 Director, Finance & Treasurer, Report FIN 11-20 COVID-19 Impact on Taxation Services Council Decision: It is recommended that Report FIN 11-20, from the Director, Finance & Treasurer regarding COVID-19 Impact on Taxation Services be received for information. Resolution # 406/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Report EC 2020-05 of the Executive Committee Meeting held on August 10, 2020 be adopted. Carried 9. Report PD 2020-05 of the Planning & Development Committee held on August 10, 2020 9.1 Director, City Development & CBO, Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 Report PLN 14-20 was deferred to the September 14, 2020 Planning & Development Committee meeting. - 8 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm 10. Reports – New and Unfinished Business 10.1 Director, Economic Development & Strategic Projects, Report CAO 05 -20 Engagement Process for Pickering Local Food Strategy A question and answer period ensued between Members of Council and Fiaz Jadoon, Director, Economic Development & Strategic Projects regarding: timelines for reporting back to Council and engaging with the Pickering farming Community; inventory of operating farms in Pickering and their contact information; the amount of land used for agricultural activities and available Greenhouses in Pickering; liaising with the Durham Agricultural Advisory Committee; and, the distinction between food and agriculture and how Staff plan to proceed with agricultural uses versus food strategy. Resolution # 407/20 Moved by Councillor Brenner Seconded by Councillor Butt 1. That Council receive report CAO 05-20 regarding the engagement process for a local food strategy in the City of Pickering for information; and, 2. That the appropriate officials of the City of Pickering take necessary actions as indicated in this report. Carried 10.2 (Acting) Director, Community Services, Report CS 27-20 Pickering Anti-Black Racism Initiatives Discussion ensued regarding the commitment taken on by the CAC in conducting the initial work, acknowledgement of white privilege, and the lack of clarity and miscommunication present within the Community regarding this initiative. A question and answer period ensued regarding the reporting relationship of the Taskforce and the composition of the Taskforce, with Marisa Carpino, Interim Chief Administrative Officer noting that once appointments are made to the Taskforce, it will act independently and report directly to Council, and that the role of the CAC is only to assist with striking the Taskforce. Ms. Carpino further noted - 9 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm that once established, the Taskforce will have the ability to amend the Terms of Reference as they see fit and present to Council for approval. Ms. Carpino noted that the action plan of the Taskforce will be rooted in community consultation to gather and listen to lived experiences of individuals in the community. Ms. Carpino stated that the preparatory subcommittee will begin this work immediately, pending approval from Council, to collect information to provide the PABRT the opportunity to get started right away with the preliminary information noting that the Taskforce may choose to do additional consultation as well. Further discussion ensued regarding: the transparency of the process and the opportunities for engaging the community; the importance of involving youth and high schools students in the initiatives; the role of the Task Force going forward as it relates to addressing the concerns of the Black community; the possibility of referring the motion back to Staff to address the concerns expressed by the delegates regarding the formation of the Task Force to date and the lack of confidence due to having not been engaged from the onset; the process moving forward and how the key groups discussed tonight will be engaged and the timelines for such engagement; providing an update to Council on the discussions with the groups; the work of the PABRT Preparatory Sub-Committee and the significance of the task they have taken on; and, the need for Council to collectively take on the responsibility of identifying and correcting systemic racism and the need to support the Sub-Committee in its efforts. Resolution # 408/20 Moved by Councillor Ashe Seconded by Councillor Butt 1. That Council adopt the Terms of Reference for the Pickering Anti -Black Racism Taskforce prepared by the Cultural Advisory Committee, as set out in Attachment 1; 2. That Council endorse the Anti-Black Racism Action Plan of the Cultural Advisory Committee, as set out in Attachment 2; and, - 10 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Later in the Meeting (See Following Motion) Resolution # 409/20 Moved by Councillor Brenner Seconded by Councillor McLean That Report CS 27-20 be referred back to Staff to engage with the Urban Alliance on Race Relations to facilitate a cohesive approach for the establishment of an Anti-Black Racism Taskforce and report back to Council at the September 28th Council Meeting. Motion Lost on a Recorded Vote as Follows: Yes Councillor Brenner Councillor McLean No Councillor Ashe Councillor Butt Councillor Cumming Councillor Pickles Mayor Ryan The Main Motion was then Carried Unanimously on a Recorded Vote 11. Motions and Notice of Motions There were no notices of motion. 12. By-laws 12.1 By-law 7777/20 Being a by-law to stop-up and close Part of the Road Allowance between Lots 22 and 23, Concession 3, being Part 4, Plan 40R-30725, subject to required easements. Resolution # 410/20 Moved by Councillor Butt Seconded by Councillor Pickles That By-law No. 7777/20 be approved. - 11 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm Carried 13. Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera session was held at 5:30 p.m. in accordance with the provisions of the Municipal Act and Procedure By-law 7665/18 to hear matters pertaining to personal matters about an identifiable individual as it relates to an appointment to the Cultural Advisory Committee and matters pertaining to a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality and provided direction to staff. 13.1 Confidential Verbal Update from the Director, Finance & Treasurer and Matthew Colley, Partner, Deloitte Re: Pickering Soccer Club Agreements Resolution # 411/20 Moved by Councillor Cumming Seconded by Councillor Pickles That the confidential recommendations and direction provided to staff at the In - Camera Session of Council, held at 5:30 pm on August 24, 2020, be approved. Carried 13.2 Appointment to Cultural Advisory Committee Resolution # 412/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Ariana Moscote Freire be appointed to the Cultural Advisory Committee for a term ending November 14, 2022, or until a successor is appointed. Carried 14. Other Business 14.1 Councillor Ashe welcomed back Mayor Ryan and stated that Members of Council are delighted to see him back. - 12 - Council Meeting Minutes August 24, 2020 Electronic Meeting 7:00 pm 14.2 Councillor Brenner gave notice that he may be bringing forward a Notice of Motion regarding eco-harvest to address the water-milfoil in the Frenchman’s Bay with a look at funding for capital expenditures in the 2021 budget process. 14.3 Councillor Brenner requested an update from Stan Karwowski, Director, Finance & Treasurer regarding the pause and the timelines for a report back on the City Centre Project. 14.4 Mayor Ryan thanked Councillor Ashe for taking on the role of Deputy Mayor in his absence and thanked Members of Council and members of the public for their continued support to him and his family. 15. Confirmation By-law By-law Number 7778/20 Councillor Cumming, seconded by Councillor Pickles moved for leave to introduce a By- law of the City of Pickering to confirm the proceedings of August 24, 2020. Carried 16. Adjournment Moved by Councillor McLean Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 9:48 pm. Dated this 24th of August, 2020. David Ryan, Mayor Susan Cassel, City Clerk - 13 - Special Council Meeting Minutes August 31, 2020 Electronic Meeting 2:00 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer J. Eddy - Director, Human Resources L. Harker - Deputy Clerk K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The Deputy Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Education & Training Resolution # 413/20 Moved by Councillor Butt Seconded by Councillor McLean That Council move into closed session in accordance with the provisions of Section 239 of the Municipal Act and Procedure By-law 7665/18 for the purpose of educating or training Members of Council. Carried 3.1 Anti-Black Racism Training Verbal Presentation, Jodie Glean, Principal, Race Equity Advisory Consulting & Training (REACT) - 14 - Special Council Meeting Minutes August 31, 2020 Electronic Meeting 2:00 pm Council received a presentation and a detailed discussion ensued. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution # 414/20 Moved by Councillor Brenner Seconded by Councillor Ashe That Council rise from the closed session of Council. Carried Mayor Ryan stated that during the closed portion of the meeting, Council received an education and training session pertaining to Anti-Black Racism from Jodie Glean, Principal, Race Equity Advisory Consulting & Training (REACT), and noted that no decisions were made or considered by Council. 4. Adjournment Moved by Councillor Brenner Seconded by Councillor McLean That the meeting be adjourned. Carried The meeting adjourned at 5:01 p.m. Dated this 31st of August, 2020. David Ryan, Mayor Lisa Harker, Deputy Clerk - 15 - Executive Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 1 Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Hagg - Fire Chief J. Flowers - CEO & Director of Libraries, Pickering Public Library R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk S. Milton - Manager, Recreation Services C. Rose - Chief Planner R. Perera - (Acting) Committee Coordinator K. Ashe - arrived at 2:03 pm M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present, with the exception of Councillor Ashe, and noted that Mayor Ryan was participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest Councillor McLean declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Item 4.4, Report FIN 12-20 - Estimated Heritage Property Tax Grant Financial Impact, as his son is the owner of one of the heritage homes referenced in the Report. Councillor McLean relinquished the Chair when this item was before the Committee and did not take part in the discussion or vote on this matter. 3. Delegations - 16 - Executive Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 2 There were no delegations. 4. Matters for Consideration 4.1 (Acting) Director, Community Services, Report CS 28-20 Community Safety and Well-Being Plan - Update Discussion ensued regarding the importance of community safety and the work undertaken by Staff in leading this initiative noting the work with the Ajax-Pickering Care mongers and others that have continued on even throughout the COVID-19 pandemic. Recommendation: Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Council receive and support in principle Report CS 28-20 regarding the City of Pickering’s Community Safety and Well-Being Plan; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 4.2 (Acting) Director, Community Services, Report CS 29-20 Quotation No. Q2020-24 - Quotation for the Supply and Delivery of 4 Ton and 5 Ton Dump Trucks with Plow, Wing A question and answer period ensued between Members of Council and Brian Duffield, (Acting) Director, Community Services, regarding: the number of 4 ton and 5 ton trucks being purchased through the 2020 budget; the differences between a 4 ton and a 5 ton truck; and, whether a 4 ton truck could be used in place of a 5 ton truck.. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt - 17 - Executive Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 3 1. That Quotation No. Q2020-24 submitted by James Palmer Premier Truck Group, in the amount of $1,257,714.86 (HST included) be accepted; 2. That the total gross quotation cost of $1,329,972.00 (HST included) and the total net project cost of $1,197,681.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the project as follows: a) the approved funds in the amount of $860,000.00 funded from Vehicle Replacement Reserve and $300,000.00 from Development Charges as provided for in the 2020 Roads Equipment Capital Budget and the amount of $50,000.00 funded from Rate Stabilization in the 2020 Property Capital Budget for a total of $1,210,000.00, and that; b) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.3 Director, Engineering Services, Report ENG 09-20 Boundary Road Agreement - Township of Uxbridge A question and answer period ensued between Members of Council and Richard Holborn, Director, Engineering Services, regarding: financial implications associated with the Boundary Road Agreement; existing boundary road agreements with the City of Toronto, Town of Ajax, and Township of Uxbridge; whether the new agreement that Staff are working on with the Town of Ajax would include Church Street; and, whether the City is in discussions with the Region regarding road transfers and road rationalization. - 18 - Executive Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 4 Recommendation: Moved by Councillor Brenner Seconded by Councillor Cumming 1. That the City of Pickering enter into a new Boundary Road Agreement with the Township of Uxbridge for the period July 1, 2020 to June 30, 2030; 2. That the Mayor and City Clerk are hereby authorized to execute the Boundary Road Agreement between the City of Pickering and the Township of Uxbridge in substantially the same form as attached to this report, and satisfactory to the City Solicitor; 3. That a by-law authorizing the execution of a Boundary Road Agreement between The Corporation of the City of Pickering and The Corporation of the Township of Uxbridge as attached to this report be enacted; 4. That a copy of Report ENG 09-20 and relevant Council resolution be forwarded to the Township of Uxbridge; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.4 Director, Finance & Treasurer, Report FIN 12-20 Estimated Heritage Property Tax Grant Financial Impact Having previously declared a conflict of interest, Councillor McLean relinquished the Chair, and did not take part in the discussion or vote on this item. Councillor Pickles assumed the Chair. Discussion ensued regarding the Notice of Motion pertaining to Property Tax Rebates - Heritage Properties, which was presented at the July 27, 2020 Council meeting, noting that the framework for the program included in that Motion had not been captured in the Staff Report. Stan Karwowski, Director, Finance & Treasurer, stated that the Report before the Committee was intended to answer questions that were raised at the July 27th Council meeting noting that Staff had misunderstood and presumed the Notice of Motion had been tabled and would be brought forward again. Mr. Karwowski - 19 - Executive Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 5 stated that through direction from Council, Staff would report back with a Property Tax Rebate Program for Heritage Properties at the December Council meeting noting that it would be a joint report with City Development. Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt That Report FIN 12-20 from the Director, Finance & Treasurer regarding the impact of a potential Heritage Property Tax Grant be received for information. Carried Later in the Meeting (See Following Motion) Moved by Councillor Brenner Seconded by Councillor Butt That the main motion be amended by adding the following as a new Item 2 and the recommendation renumbered accordingly: That Staff be directed to report back to Council in December 2020, with a Heritage Property Tax Rebate Program, based on the Notice of Motion presented at the July 27, 2020 Council meeting. Carried The Main Motion, as Amended, was then Carried Councillor McLean resumed the Chair. 5. Other Business There was no other business. 6. Adjournment Moved by Councillor Cumming Seconded by Councillor Brenner That the meeting be adjourned. Carried - 20 - Executive Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor McLean 6 The meeting adjourned at 2:21 pm. - 21 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 1 Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor C. Rose - Chief Planner N. Surti - Manager, Development Review & Urban Design D. Jacobs - Manager, Policy & Geomatics M. Kish - Principal Planner, Policy S. Cassel - City Clerk R. Perera - (Acting) Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present, and noted that Mayor Ryan was participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations 3.1 Paul W hite, Fairport Beach Neighbourhood Association Re: Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study - Planning Recommendations Report (Phase 3 Report) Paul White, Fairport Beach Neighbourhood Association, joined the hybrid electronic meeting via audio connection to state that the Fairport Beach Neighbourhood Association was content with the findings of Report PLN 18-20. Mr. White noted that the Fairport Beach Neighbourhood Association had been - 22 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 2 involved in the public consultation process since the start of the project and that going forward, they would like to see the implementation of a tree protection by- law in Fairport Beach as new development within the area had removed mature trees. Mr. White stated that he had presented City of Toronto’s tree protection by- law to Council in 2017 and the same criteria could be used in the City of Pickering. He raised further concerns regarding the lack of regulations in place to prevent large infill homeowners from widening their driveways into their front yards and back yards impacting water runoff, noting that some streets in the area are lacking stormwater sewers. Mr. White thanked Council and SGL Planning & Design Inc. for the work done through this study noting that a policy or a by-law is required to regulate builders from the very beginning of a project, and requested that the City create a policy to ensure that Toronto and Region Conservation Authority (TRCA) protect the waterfront lands and that the public be notified of any decisions regarding development within the waterfront area. Mr. White concluded his delegation by encouraging the City to proceed with the findings of the Study to improve the lives of the residents. 3.2 Dom Claros Shared Network Canada Re: Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 Dom Claros, Shared Network Canada, joined the hybrid electronic meeting via audio connection and stated that since the August 10, 2020 Planning and Development Committee Meeting, he had submitted correspondence to Council to provide additional information regarding the proposed Telecommunication Tower Installation #66. Mr. Claros noted that a coverage gap in Claremont had been discovered stating that the outdoor coverage was optimal, and while inside coverage had not been assessed, it is assumed it is significantly below optimal. Mr. Claros stated that the submitted plots created readings based on the equipment that would be used on the proposed tower and found that the proposed tower would result in greater coverage in Claremont, especially within east Claremont. Mr. Claros further stated that the proposal intends to minimize impacts on the esthetics of the property and that the proposal does not intend to remove any trees or shrubbery, noting that the top layer of grass would be removed and replaced with fill to match the current grade. Mr. Claros concluded his delegation by stating that he is available to answer any questions from the Committee pertaining to the proposed application. - 23 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 3 A question and answer period ensued between Members of the Committee and Dom Claros regarding: the number of kilometers the proposed tower would cover in Claremont and the percentage of Claremont that would benefit from the tower; whether the proposed tower could be replaced with a tower that resembles a pine tree; the maximum height of the proposed tower; whether another area in Claremont had been considered for the location of the proposed tower; whether the mobile traffic on Brock road would be the highest percentage of users that would benefit from the proposed tower; whether Rogers would provide any discounts on mobile data plans for Claremont clients; whether Shared Network Canada had purchased the lands where the proposed tower would be built or if it is under a lease agreement; and, whether Bell or other service providers would use the proposed tower or if the services would be provided through network share agreements. 3.3 Nigel O’Neill Pinnacal Custom Homes Re: Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study - Planning Recommendations Report (Phase 3 Report) Nigel O’Neill, Pinnacal Custom Homes, joined the hybrid electronic meeting via audio connection to raise concerns regarding the Infill and Replacement Housing in Established Neighbourhoods Study. Mr. O’Neil stated that Pinnacal Custom Homes had acquired lands in the Rougemount community, and are currently preparing a draft plan for submission to the City. He noted that he had not received any notification of the Study and that he had submitted a letter to City staff outlining their concerns. Mr. O’Neill stated that he had purchased the lands in Rougemount based on the existing R4 zoning and the intent of the draft plan was to build new dwellings in keeping with the existing homes in the area. He noted that the Study would affect maximum building height, dwelling depth, lot coverage, minimum and maximum front yard setbacks, and minimum interior side yard setbacks for lots with abutting existing yards, stating that this would be a major concern as his draft plan contains two lots at the south end of the future cul-de- sac which would abut the side yards. He stated that while he understands the concerns of the other parties, there are mechanisms in place to address these concerns using a case by case approach, noting that he had purchased and paid the taxes for the lands based on the existing R4 zoning. Mr. O’Neil concluded his - 24 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 4 delegation by requesting that the future extension of Pike Road be exempted and that the current R4 zoning be retained. A question and answer period ensued between Members of the Committee and Nigel O’Neill regarding whether Mr. O’Neil was a resident of Pickering and whether he had seen any of the various forms of public advertising the City had conducted over the past two years in regards to the Study. 3.4 Ryan Guetter Re: Report PLN 17-20 Official Plan Amendment Application OPA 18-002/P Zoning By-law Amendment Application A 03/18 Metropia (Notion Road) Development Inc. Part of Lot 17, Concession 1, Now Part Lots 1, 2, and 3, 40R-11413 (1865 Pickering Parkway) Ryan Guetter, Weston Consulting, joined the hybrid electronic meeting via audio connection and noted that the applications had been analyzed and reviewed by Staff, stating that the Report outlines the nature of the changes which have occurred over the years. Mr. Guetter concluded his delegation by stating his support for the recommendations outlined in Report PLN 17 -20 and that he was available to answer any questions from the Committee. A question and answer period ensued between Members of the Committee and Ryan Guetter regarding: whether the north/south road that was in the original application was also in the current application; and, whether there would be vehicular access provided to the commercial developments to the south of the lands. 4. Planning & Development Reports 4.1 Director, City Development & CBO, Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study - Planning Recommendations Report (Phase 3 Report) Staff/Consultant Delegation David Riley, Principal, SGL Planning & Design Inc. on Report PLN 18-20. David Riley, Principal, SGL Planning & Design Inc. joined the hybrid electronic meeting via audio connection to provide a brief overview of the Study and the - 25 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 5 recommendations outlined in Report PLN 18-20. Mr. Riley noted that the purpose of the Study was to identify and improve some of the City’s various planning tools to address compatibility issues related to the development of infill and replacement housing within the City’s established neighbourhoods. He stated that phase one of the Study focused on learning and understanding the key elements of neighbourhood character within Pickering’s established neighbourhoods and identifying existing compatibility issues, noting that the public was engaged during phase one of the Study. Mr. Riley noted that phase two identified options, ultimately forming a preferred strategy which outlined the preferred tools to address the compatibility issues that were identified by the public through an open house and an interactive online survey. He advised that phase 3 created a set of draft recommendations for various planning tools which were based on the feedback received from the public. Mr. Riley provided a brief overview of the recommendations outlined in the Report noting the creation of new definitions and new policies made to the City’s Official Plan, new definitions made to the City’s zoning by-law, inclusion of a tree protection by-law, tree protection measures, a driveway expansion by-law, and a set of urban design guidelines. Mr. Riley concluded his delegation by stating that he is available for any questions from the Committee pertaining to Report PLN 18-20. A question and answer period ensued between Members of the Committee and David Riley regarding: whether SGL planning & Design Inc. had conducted similar studies for other municipalities; whether the level of participation from the City of Pickering on this study was considered a good representation; and, whether landowners in the defined areas in the Study were given notification of the Study. A question and answer period ensued between Members of the Committee and Staff regarding the process of the outreach to the landowners throughout the Study and whether Staff had received feedback from builders and developers. Kyle Bentley, Director, City Development & CBO, advised that each phase of the Study was posted on the City’s website, in the newspaper, and that Councillors were also consulted to obtain further connections to provide notification to residents and stakeholders, noting that feedback was also received from local builders and developers. Further discussion ensued regarding: the important work done by Staff and the City’s consultant pertaining to the Study; - 26 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 6 tools identified in the Study to allow Committee of Adjustment, Council, and Staff to make clear decisions regarding planning applications; protecting the integrity and character of Pickering’s established neighbourhoods; the importance of limiting the widening of driveways to protect the greenery in neighbourhoods; the importance of protecting mature trees; and, the ability to require the use of permeable materials, as opposed to hard surfaces, to assist with water runoff when residents expand their driveways. Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt 1. That the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, as contained in Attachment #1 to Report 18 -20, be endorsed; 2. That, in accordance with the recommendations in the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, City staff; a) be authorized to initiate the recommended Official Plan and Zoning By-law Amendment processes; b) be authorized to undertake the necessary steps to implement the recommended by-law to restrict the width of driveways in the public right-of-way; and, c) be directed to investigate the implementation of a by-law for the protection of trees on private property and report back to Council in mid 2021. 3. That Council adopt the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts contained in Appendix B of the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020. - 27 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 7 Carried Unanimously on a Recorded Vote 4.2 Director, City Development & CBO, Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 Report PLN 14-20 was deferred at the August 10, 2020 Planning & Development Committee meeting. Discussion and a question and answer period ensued between Members of the Committee and Staff regarding: the merits of referring the report back to Staff to explore other available options or whether the report could be deferred to a future meeting; the increased demand on internet services especially due to COVID-19; whether there were any other cell tower applications submitted to the City; the history surrounding this proposed tower and the length of time since the original application had been submitted and assessed; the percentage of Claremont that is currently living in a blackout zone; the ability to provide a visual map indicating the coverage area of the proposed tower; whether other inquiries had been made to the City Development Department regarding another type of tower to service Claremont; the process followed to review cell tower applications and the associated obligations on the City in this regard; whether multiple cell towers could be located in the same radius area without disrupting the service of one another; the need to maximize tower coverage to as much of the population of Claremont possible; the ability for residents to follow up with Industry Canada regarding any health and safety concerns pertaining to the proposed tower noting its Federal jurisdiction; whether the proposed tower would be a 5G tower; and, whether a 4G tower would have the same radius as a 5G tower. Staff were requested to provide Members of the Committee with a memo, prior to the Council Meeting on September 28, 2020, to address the various questions raised including a visual map to outline the radius of the 2.5 km coverage to - 28 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 8 demonstrate the percentage of the Claremont community that would benef it. Recommendation: Moved by Councillor McLean Seconded by Councillor Ashe That Shared Network Canada be advised that City Council does not object to the proposal for a 45.0 metre high tapered self -supported style telecommunication tower located at 2170 Ninth Concession Road, based on the design and location of the revised proposal. Carried on a Recorded Vote as Follows: Yes Councillor Ashe Councillor Cumming Councillor McLean Mayor Ryan No Councillor Brenner Councillor Butt Councillor Pickles 4.3 Director, City Development & CBO, Report PLN 16-20 The Draft Carruthers Creek Watershed Plan 2020–2030 Prepared by Toronto and Region Conservation Authority - City of Pickering Recommendations to the Draft Watershed Plan Brief discussion ensued with Members noting that Report PLN 16-20 would clarify a lot of the miscommunication pertaining to the Draft Carruthers Creek Watershed Plan 2020–2030. Moved by Mayor Ryan Seconded by Councillor Brenner Recommendation: 1. That the Toronto and Region Conservation Authority (TRCA) be requested to revise the Draft Carruthers Creek Watershed Plan (CCWP), as follows: (a) Providing greater clarity about the “77%” figure identified as the potential increase in downstream peak flows under the hypothetical land use Scenario 3 modelling analysis including: explaining that it is a “worst case” scenario and why; identifying the rainfall and storm duration parameters for a Hurricane Hazel type event; and relating the modelled increases in peak flows to the proposed management - 29 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 9 recommendations; (b) Revising Management Recommendation 3.1.1 respecting the protection, expansion and restoration of the Natural Heritage System (NHS) in the watershed, to reflect discussion in the introductory text that precedes Table 8: NHS Management Recommendations, to al low consideration of alternative configurations, size and composition for an enhanced NHS to that identified on Map 2 of the Draft CCWP; and, (c) Adding a new Management Recommendation 1.3.6 stating that TRCA continues to support and enhance the existing flood model by increasing the number of rainfall monitoring stations and stream flow gauges on all tributaries including the most minor. 2. That a copy of this Report and Council’s resolution be forwarded to the TRCA, the Region of Durham and the Town of Ajax. Carried 4.4 Director, City Development & CBO, Report PLN 17-20 Official Plan Amendment Application OPA 18-002/P Zoning By-law Amendment Application A 03/18 Metropia (Notion Road) Development Inc. Part of Lot 17, Concession 1, Now Part Lots 1, 2, and 3, 40R-11413 (1865 Pickering Parkway) Moved by Councillor Ashe Seconded by Councillor Cumming A question and answer period ensued between Members of the Committee and Staff regarding: whether Marshcourt Drive would be closed during construction or whether traffic would be diverted; impacts to transit routes during construction; the need to have a Construction Management Plan to address regular cleaning of the roads and dust concerns; the amount of greenspace area at the east end of the development and whether it could be used as an activity area with a request to Staff to follow up in this regard with TRCA. Recommendation: - 30 - Planning & Development Committee Meeting Minutes September 14, 2020 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Pickles 10 Moved by Councillor Ashe Seconded by Councillor Cumming 1. That Official Plan Amendment Application OPA 18-002/P, submitted by Metropia (Notion Road) Development Inc., to reduce the minimum net residential density from 80 units per net hectare to 58 units per net hectare for the lands located on the south side of Pickering Parkway west of Notion Road, and to re-designate the easterly portions of the subject lands and the lands (1805 Pickering Parkway) immediately to the south, currently owned by Pickering Ridge Lands Inc. Trustee, from “Mixed Use Areas – Specialty Retailing Node” to “Open Space System – Natural Areas” to allow a residential condominium development to be approved, and that the draft by-law to adopt Amendment 39 to the Pickering Official Plan as set out in Appendix I to Report PLN 17-20 be forwarded to Council for enactment; and, 2. That Zoning By-law Amendment Application A 03/18, submitted by Metropia (Notion Road) Development Inc., to facilitate a residential condominium development consisting of 130 townhouse units on lands located on the south side of Pickering Parkway west of Notion Road, be endorsed subject to the provisions contained in Appendix II to Report PLN 17-20, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Carried 5. Other Business There was no other business. 6. Adjournment Moved by Councillor Butt Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 9:05 pm. - 31 - August 5, 2020 Laura Gibbs Supervisor, Museum Services CITY OF PICKERING 1 The Esplanade Pickering, ON L1V 1H0 Title: Fonds d’urgence relatif à la COVID-19 / COVID-19 Emergency Support Fund Dear Mrs. Gibbs: On behalf of the Minister of Canadian Heritage, it is my pleasure to inform you that your application for funding has been approved. A grant in the amount of $100,000 will be awarded to help your organization carry out its activities, under the Museums Assistance Program, COVID-19 Emergency Support Fund Component. This funding will be allocated over one government fiscal year 2020-2021 and will be subject to certain terms and conditions, the appropriation of funds by Parliament, and the budget levels of the Program. One of our program representatives may be in contact with you in the near future to review the terms and conditions related to this funding. As you may already know, the Government of Canada is committed to promoting workplaces free from harassment, abuse and discrimination. I would like to seize this opportunity to remind you of your responsibility to provide a work environment where harassment, abuse and discrimination are not tolerated. In closing, I would like to take this opportunity to wish you and the members of your organization the greatest success in your endeavours. Sincerely, Jillian Lum Acting Regional Director General Ontario Region Corr. 40-20 - 32 - Houss OF COMMONS CHAMBRB DES COMMUNES CANADA cJennffer ® '6>c,nnell Member of Parliament Pickering-t.:xbridgc Page 1 of2 Minister of Infrastructure, Hon. Laurie Scott 777 Bay Street August 20,2029 5th Floor Toronto, Ontario M5G 2C8 Dear Minister Scott, On March 3rd, 2020, I wrote to you in your capacity as Ontario's Minister of Infrastructure and to members of Uxbridge Town Council regarding the Township's application for funding under the Investing In Canada Infrastructure program's (ICIP) Community, Culture and Recreation stream for a new Uxbridge Aquatic Centre. Earlier this week, I was tremendously disappointed to learn that the province did not find any community project in either the City of Pickering nor the Township of Uxbridge as worthy of funding under the ICIP's Community, Culture and Recreation stream. In my previous letter, I shared that, as you are well aware, the federal government can only fund projects that are nominated as a priority by the provincial government. Under the ICIP's cost sharing agreement, the Ontario government is receiving $10.2 billion to spread over four funding streams. My community submitted strong applications for projects under this stream, and it is both bewildering and frustrating that none were selected to move forward for funding by your government. The efforts to replace the Uxpool with an Aquatic Centre have been ongoing for years. Public servants, elected officials and community members have dedicated an enormous amount of time and energy finalizing construction and engineering designs, creating a funding formula and expanding community support for their applications. While I hope that those efforts will not be in vain, this news is certainly a setback to that work. The people in Pickering-Uxbridge work hard, contribute to our economy and serve their community. It is astonishing that after a ten month long review process by your government and billions of dollars allocated by the federal government, not a single Community, Culture & Recreation project for our community was selected. <::_'Yttuwu f?(111st!l11mcp @:(lice Room 530, The Valour Building, Ottawa, Ontario Kl A 0A6 1154 Kingston Road Unit 4, Pickering, Ontario, L1 V 184 Tel.: 613-995-8082 Fax.: 613-993-6587 Tel.: 905-839-2878 Fax: 905-839-2423 Jennifer.0Connell@parl.gc.ca Corr. 41-20 - 33 - Page 2 of 2 I am asking that you reconsider this disappointing decision an_d re-evaluate projects with a focus on a fairer regional distribution of projects to ensure that communities across Ontario receive their fair share of support and funding for this vital infrastructure, regardless of the size of the municipality in which they live in. Yours Sincerely, nnifer O'Connell Member of Parliament, Pickering-Uxbridge cc. Minister Peter Bethlenfalvy, MPP, Pickering-Uxbridge Mayor of Uxbridge, Dave Barton Mayor of Pickering, Dave Ryan Members of Uxbridge Town Council Members of Pickering City Council - 34 - ANNOUNCEMENT AUGUST 21, 20 20 Bi-weekly Updates Please note that this communications update is moving from a weekly to a bi-weekly schedule. The next update will be provided on September 4. Elexicon Energy has scheduled a short power outage for homes and businesses in the community of Cannington from 6 a.m. to 7:30 a.m. on Sunday, August 23 to allow for important maintenance work. This will ensure our workers and the public remain safe as we work to keep our network in good working condition. Implementation of the Ontario Government’s COVID-19 Energy Assistance Program - Small Business (CEAP-SB) is underway as utilities prepare to launch the program on August 31, 2020. Funding provided by the government will be allocated based on the number of General Service <50 kW customers and the number of customers in the relevant commercial class whose annual usage is less than 150,000 kWh for unit sub-meter providers. As you know, the moratorium on disconnections for residential and small general service customers implemented by the Ontario Energy Board ended on July 31. At Elexicon Energy, we see disconnections as a last resort and are actively working with customers to bring their accounts into good standing before considering and disconnections. Distribution of the second outreach communication to customers whose accounts are in arrears is underway. Customers are encouraged to contact our Customer Care Team to learn about extended bill payment options and financial assistance programs. Ongoing Elexicon Energy offices remain closed 24/7 System Control Centre and crews available to respond to outages Regular Executive Leadership Team and Pandemic Response Group meetings The COVID-19 Recovery Rate – a fixed price of 12.8 cents per kilowatt hour – remains in effect for all time-of-use customers until October 31, 2020 Residential customers can apply for the COVID-19 Energy Assistance Program (CEAP) at elexiconenergy.com Extended bill payment options and financial assistance programs are available to customers Model and stress testing our ability to operate in this fashion for an extended period of time – considering what work can be done safely and without disruption to customers after the curve flattens Engaging with the province and industry bodies on additional measures being considered to support customers Corr. 42-20 - 35 - Priorities Commitment to health and safety Zero transmission of COVID-19 at our offices and worksites Providing a reliable hydro system to power our customers’ homes and businesses while offering outstanding customer support Key initiatives continue to move forward, and financial obligations are being met Contact Chris Mace, Corporate Communications Representative P: 905-621-2549 | E: cmace@elexiconenergy.com - 36 - Resolution # I ;z CORPORATION OF THE TOWNSHIP OF NORTH GLENGARRY Date: Monday, September 14, 2020 Moved by: Seconded by: Carma Williams Brenda Noble WHEREAS the COVID-19 pandemic has disproportionately affected the vulnerable elderly population in Canada's long-term care (L TC) homes and some of Ontario's L TC homes are among those with the highest fatality rates in the country as the pandemic has exposed deplorable conditions in many L TC homes across Canada; and WHEREAS it is the mandate of the Ministry of Long-Term Care to inspect long term care homes on an annual basis and these inspections have consistently dropped in number since 2017 with only nine completed out of 626 long term care home in 2019; and WHEREAS residents have been endangered by personnel moving between infection zones without adequate equipment; and NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of North Glengarry urges the Ontario government to provide funding to increase full-time positions in place of casual and part time labour in long term care homes and requests that the Ministry of Long-term Care acts to regularly inspect all long term care homes , and sound infection control measures are put in place at all Ontario long term care homes and that this resolution be forwarded to Premier Ford, the Ministry of Long-term Care Merrilee Fullerton and all Ontario municipalities for consideration. 8 Deferred Defeated Mayor/D� Corr. 43-20 - 37 - Memo To: Susan Cassel City Clerk September 17, 2020 From: Tanya Ryce Supervisor, Cultural Services Copy: Interim Chief Administrative Officer Acting Director, Community Services Cultural Plan Staff Committee Cultural Advisory Committee Members Subject: Cultural Advisory Committee -Revised 2020 Work Plan File: A-1410 As per Council Resolution #375/20, the Cultural Advisory Committee (CAC) is pleased to submit, for Council’s information, the updated 2020 Work Plan of the CAC as outlined below. 2020 Revised Work Plan In 2020, the CAC will continue to contribute to the goals of the City’s Cultural Plan in the following ways: 1.Assist with the development of a Pickering Anti-Black Racism Taskforce (PABRT) through the creation of a terms of reference, recruitment process, community engagement and action plan with measurable goals and objectives. The CAC will create a sub-committee to lead this work, inviting participation from members of the public and stakeholders, and will report quarterly to Council with updates. The CAC will host a welcome forum for taskforce members to provide an overview or work done to date, and officially hand over the work to the taskforce. 2.Building a relationship with the Indigenous Community is a long-term goal identified in the Cultural Plan; which requires a strong relationship with the Mississaugas of Scugog Island. The CAC will assist with development and implementation of a strategy to provide meaningful recognition of Indigenous Peoples and create an action plan with measurable goals and objectives which; works towards meaningful and mutually beneficial relationship between the City and the Indigenous community; honours Indigenous peoples, and builds appreciation and awareness of Indigenous culture and heritage; and, Corr. 44-20 - 38 - September 17, 2020 Page 2 of 3 Cultural Advisory Committee 2020 Work Plan works towards the creation of a Land Acknowledgement Statement for Council’s consideration, through partnership with the Indigenous Community, City (Museum Services, Cultural Services, Pickering Public Library) and relevant stakeholders. 2. Network with Cultural Partners within the community, encouraging community organizations, residents, and corporate partners to encourage their investment and engagement in cultural initiatives in Pickering. 3. Provide comment and guidance on actions undertaken as part of the Cultural Plan and Museum Strategic Plan, including Cultural Leadership, Heritage Recognition, Diversity & Race Relations, Public Art, and Tourism. 4. Provide comment, feedback, and suggestions to staff to strengthen and broaden the content of Pickering’s Volunteer Program and the Community Festival & Events Capacity building program to strengthen community leadership. 5. Review and provide feedback to staff on the public art program, policy/procedures, and planned public art installations including developer led project procedure, selection procedure, collection procedure, maintenance and care procedure. 6. Support development and implementation of a new Sub-Committee, the Public Art Committee, and corresponding Public Art jury call and operation procedure. 7. Provide guidance and support to City-led initiatives related to Diversity and Race Relations. Advocate for inclusivity through the actions of the Cultural Plan. 8. Support the development of a Public Art Plan. 9. Comment on and act as ambassadors for initiatives driving cultural investment and entrepreneurship (i.e. Place for Art, Cultural Portal, and Community Mentorship). 10. Promote and attend ongoing cultural sector networking and peer-to-peer learning events 11. Engage local business and organizations in cultural initiatives. Propose potential partners and resources, best practice to maximize success of goals and plans. 12. Provide comments, feedback and, when requested, recommendations to Council related to Pickering Museum Village initiatives, deaccessions, accessions, plans, and strategies. 13. Advise on The Kingston Road Corridor and the Specialty Retailing Node Intensification Plan, policies, and future decisions; specifically regarding the design and development of the gateways, the proposed heritage path, the preservation of buildings ha ving heritage significance; providing opportunities to strengthen and celebrate the cultural identity and qualities of the community through public art, education, heritage preservation and events. - 39 - September 17, 2020 Page 3 of 3 Cultural Advisory Committee 2020 Work Plan 14. Participate in annual updates to Council. - 40 - Office of the Mayor Tel. 905-683-4550 Fax. 905-683-8207 TOWN OF AJAX 65 Harwood Avenue South Ajax ON L1S 2H9 www.ajax.ca Hon. Doug Downey Ministry of the Attorney General doug.downey@pc.ola.org September 2, 2020 Dear Minister Downey, As I’m sure you are aware, COVID-19 has exacerbated the financial hardships faced by branches of the Royal Canadian Legion across the province by eliminating many of their revenue sources. Ajax Council is a long-time supporter of the work done by the Legion in our community. In the last year alone, the Ajax Legion has donated over $55,000 to causes in Ajax for young people and seniors alike, despite their own financial challenges. I want to express my appreciation for your government’s commitment to Legions as noted in your announcement of the Resilient Communities Fund through the Ontario Trillium Foundation. The Town will be supporting the Legion in its application for an upgraded HVAC system in advance of the December 2 deadline. However, as eligible projects through this fund are limited to capital investments, there is still a substantial gap for operating funding faced by Legions across the province. This gap has been made clearer than ever throughout the course of the pandemic, and has been unintentionally exacerbated by Section 2.7.4. of the AGCO’s Lottery Licensing Policy. As you may be familiar, this section outlines how a Legion branch’s lottery proceeds may be used and under what circumstances they may be approved by the lottery licensing agent. In Ajax, the Town’s By-Law Services Department is the Ajax Legion’s lottery licensing agent. In winter 2016, the Town’s Manager of By-Law Services spoke with the Manager of Eligibility Gaming, Mr. Tony Cuda, at the AGCO on two occasions regarding the eligible uses of lottery proceeds for the Royal Canadian Legions across the province, including the 2% cap on use of net lottery proceeds. While there is a provision for the licensing authority to increase the maximum allowable percentage if the branch can prove the need, this is subjective and limiting – especially in a time of uncertainty. Other registered charities and not-for-profit organizations can use most of their charitable proceeds to pay for their operational expenses, but Legions are limited to only 2%. This requirement places unfair hardship on Legions across the province, and it is my hope that you and your government will reconsider this position and dramatically increase this cap to prevent Legions from across Ontario from closing. Legions are cornerstones of our communities and they need to be supported through any possible means during these troubling and uncertain times. Corr. 45-20 - 41 - I look forward to your response, and am happy to provide any additional information you may need. Sincerely, Shaun Collier Mayor Town of Ajax CC: Hon. Rod Phillips, MPP Ajax Hon. Mark Holland, MP Ajax Patricia Milne, President of the RCL Branch 322 Cam Guthrie, Chair of Ontario Big City Mayors - 42 - Memo To: Susan Cassel City Clerk September 21, 2020 From: Brian Duffield (Acting) Director, Community Services Copy: Interim Chief Administrative Officer Supervisor, Museum Services Conservator Subject: Request to Deaccession Artifacts from Core to Education Collection at Pickering Museum Village -July 2020 Deaccession List File: S-3060-004-14 Council is requested to approve the deaccession of artifacts from the Core Collection to the Education Collection (see attachment), as approved by City staff and endorsed by the Cultural Advisory Committee on July 2, 2020. The artifacts recommended for deaccession from the Core to the Education Collection are household items and furniture with no provenance or connection to the community. The Cultural Advisory Committee, Supervisor, Museum Services and Conservator recommend this deaccession. Following approval by Council, museum staff will transfer these items from the Core Collection to the Education Collection as stated in section 06.01 of the Deaccession of Artifacts Procedure CUL 010-001. Following the transfer, the items will be used at the museum in hands -on displays and programming. Staff will follow all ethical guidelines set out in the Pickering Museum Village Collection Development and Management Policy CUL-010. BD/et Attachment Deaccession List July 2020 Corr. 46-20 - 43 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories Object ID Name Photograph 2011.94.1 Table, Sawbuck 2011.94.2 Table, Tilt-top 2011.94.3 Table, Stretcher 2011.94.4 Table, Candle Museum staff recommend that the below list of items be removed from the core artifact collection and transfeered to the education collection for use in programs. The below items do not have a historical connection to Pickering. - 44 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.5AB Candlestand 2011.94.6 Trunk 2011.94.7 Bench, Bucket 2011.94.8 Box, Accessory 2011.94.9 Box, Accessory - 45 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.10 Box, Accessory 2011.94.11 Chest, Blanket 2011.94.12 2011.94.13 Box, Storage 2011.94.14 Box, Storage - 46 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.15 Box, Storage 2011.94.16AB Trimmer, Wick and Tray 2011.94.17 Table, Lamp 2011.94.18 Bowl, Butter Working 2011.94.19 Bowl, Butter Working - 47 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.20 Mirror 2011.94.21 Mirror 2011.94.22 Mirror 2011.94.23 Box, Wall 2011.94.24 Box, Cutlery 2011.94.25 Box, Cutlery 2011.94.26 Tongs, Sugar 2011.94.27 Mortar and Pestle - 48 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.28 Cabinet, Spice 2011.94.29 Bowl, Mixing Photograph not available 2011.94.30 Bowl, Mixing 2011.94.33 Pitcher 2011.94.34 Chamberstick 2011.94.35 Candlestick 2011.94.36 Candlestick 2011.94.37 Paddle, Butter 2011.94.38 Crock, Food Storage 2011.94.39 Crock, Food Storage - 49 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.40 Crock, Food Storage 2011.94.41 Crock, Food Storage 2011.94.42 Crock, Food Storage 2011.94.43 Jar, Food Storage 2011.94.44 Jar, Food Storage Photograph not available 2011.94.45 Jar, Food Storage 2011.94.46 Jar, Food Storage 2011.94.48 Plate,Food 2011.94.49 Plate,Food - 50 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.50 Plate,Food 2011.94.51 Plate,Food 2011.94.52 Plate,Food 2011.94.53 Plate,Food 2011.94.54 Plate, Luncheon 2011.94.55 Plate, Luncheon 2011.94.56 Plate,Luncheon 2011.94.57 Plate, Luncheon 2011.94.60AB Dish, Vegtable - 51 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories 2011.94.61 Turreen 2011.94.64 Pitcher 2011.94.65 Pitcher, Milk 2011.94.66 Teapot 2011.94.67 Jug, Serving 2011.94.68 Bowl, Sugar X969.1.97 Hutch X972.1.150 Sideboard - 52 - Pickering Museum Village 2020 Deaccession- Furniture Household Accessories X2011.1.1 Cupboard, Jelly X960.3.179 Table, Drop Leaf ST2.241.3 Crock, Food Storage X960.3.62AB Crock, Food Storage and Lid X974.684.1 Crock, Food Storage X960.3.69 Lid, Crock ST2.322.1 Lid, Crock X960.3.59B Lid, Crock ST2.680.1 Towel Rack - 53 - City of Pickering One The Esplanade Pickering, ON L 1 V 6K7 HOUSE OF COMMONS CHAMBllE DES COMMUNES CANADA cJenn!fer ®6>t1nnel! l\�cmbt>r of ParliJmcnt Pickering -Li. briJge Dear Mayor Ryan and Members of Pickering City Council, September 10, 2020 We understand that healthy communities are places where Canadians have equal opportunities to be active, engaged and connected. During this extraordinary pandemic, Canadians are discovering new ways to keep residents safe and healthy and to support our economic recovery. I am writing to you to share that earlier this month, the Canada Healthy Communities Initiative was launched to help local governments and community partners as they adapt to local economic, health and social challenges. This initiative will provide up to $31 million in federal funding to support community-led solutions that respond to immediate and ongoing needs arising from COVID-19 over the next two years under three main themes: creating safe and vibrant public spaces, improving mobility options, and digital solutions. The goal is to fund projects that quickly help communities adapt to the new reality of COVID-19. That is why the federal government is encouraging local governments and community leaders to consider the types of smaller-scale local projects that could quickly help _Canadians adapt to new challenges resulting from the pandemic. Potential projects could include: expanding outdoor seating on our main streets, remodeling a playground to allow for proper physical distancing, building multi-modai paths that would allow bikes, scooters, and personal mobility devices to share space with pedestrians and cars, or creating digital apps to allow residents to access municipal services remotely. The possibilities are as varied as the spirit, imagination and unique needs of Canada's communities in this extraordinary time. The funding for the Canada Healthy Communities Initiative is being repurposed from existing funding for a second Smart Cities Challenge competition to support communities in dealing with the immediate and ongoing challenges posed by COVID-19. Like the Smart Cities Challenge, which empowers communities to identify innovative ways to improve the lives of their residents through data and connected technology, the Canada Healthy Communities Initiative is also intended to encourage community-level innovation and improvements in the quality of life for residents. You can learn more about the Canada Healthy Communities Initiative here: https://www.infrastructure.gc.ca/chci-iccs/index-eng.html. Further details on the application process will be available at this website. ®!MJ1.-« {y(JJ1s/1/11CJ1cp ®jli'ce Room 530, The Valour Building, Ottawa, Ontario Kl A OA6 1154 Kingston Road Unit 4, Pickering, Ontario, L1 V 1 B4 Tel.: 613-995-8082 Fax.: 613-993-6587 Tel.: 905-839-2878 Fax: 905-839-2423 Page 1 of 2 Jennifer.OConnell@parl.gc.ca Corr. 47-20 - 54 - I also wanted to share information regarding a Request for Proposals from Environment and Climate Change Canada under The Environmental Damages Fund (EDF). The program directs funds received from fines, court orders and voluntary payments to priority projects that will benefit Canada's natural environment. The purpose of any contribution to the EDF is to restore the environment and conserve wildlife and habitats in a scientifically sound, cost-effective, and technically feasible way . Projects that focus on restoration, environmental quality improvement, research and development, education and awareness are eligible for funding. You can check whether a city project would be eligible for funding by visiting the fund's website here: https://www.canada.ca/en/environment-climate- change/services/environmental-funding/programs/environmental-damages-fund.html I hope that you will find this information useful. Please don't hesitate to reach out to me with any questions or for more information. Yours Sincerely, ennifer O'Connell MP, Pickering-Uxbridge Page 2 of2 - 55 - Memo To: Mayor Ryan Members of Council September 18, 2020 From: Kimberly Thompson, Manager, Municipal Law Enforcement Services Copy: Director, Corporate Services & City Solicitor, City Clerk Subject: Direction Regarding Pickering Markets License Fee for Remainder of 2020 -Council Resolution #315/20 File: L2200-001-20 Council Resolution #315/20, passed on June 29, 2020, directed that the Market Licence fees for the Pickering Markets be reduced from $1,000.00 per day to $100 per day for a 3 month period to be reviewed in September 2020 for a potential 3 -month extension. Mr. Erik Tam, from the Pickering Markets, has contacted staff to inquire as to the licence fee to be charged for the remainder of the year. Staff seek direction from Council regarding this matter. Due to the closure of the Pickering Markets in mid-March pursuant to the Provincial Emergency Order issued in response to COVID-19, the Pickering Markets had a licencing credit of $4000.00. In June of this year, the Pickering Markets were able to re-open their doors for business. At the reduced licensing fee approved by Council, the Pickering Markets were able to utilize the credit outlined above to cover the cost of 22 days of operation at $2,200.00. The nor mal licensing fee for this timeframe would have been $22,000.00, thus saving the Pickering Markets $19,800.00. The Pickering Markets has a remaining credit of $1,800.00 as of September 1, 2020. If Council approves a continuance of the reduced licensing fee, the 34 remaining days of operation for 2020 will cost the Pickering Markets $3,400.00 less the credit remaining of $1,800.00, for a balance owing of $1,600.00. This will save the Pickering Markets an additional $30,600.00. If Council approves a further fee reduction to the end of December, the resulting reduction in licensing revenues will total $50,400.00. The City’s Economic Development Department has received 5 complaints from vendors regarding the Pickering Market’s decision to increase the rent charged by $10.00 per week per vendor. The attached document is the response provided by Pickering Markets to their vendors. Staff seek Council direction as to wheth er the reduction in the licence fee paid by Pickering Markets per each day of operation will be authorized to continue to year end. KT:kt Attachment Notice to Tenants of Pickering Markets Corr. 48-20 - 56 - - 57 - - 58 - Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto ON, M5G 2C9 Tel./Tél. : 416-586-3426 Facsimile/Télécopieur : 416-586-3485 TTY/ATS:1-866-411-4211 www.ombudsman.on.ca September 23, 2020 Council for the City of Pickering One The Esplanade Pickering, Ontario Canada L1V 6K7 Sent via email: council@pickering.ca Dear Council: Re: Closed meeting complaint My Office received a complaint about a closed meeting held by council for the City of Pickering on August 10, 2020. The complaint alleged that portions of council’s discussion did not fit within the Municipal Act’s (the Act’s) closed meeting exceptions. I am writing to advise that my review has determined council was entitled to go into closed session on August 10, 2020, to discuss the proposed purchase of real estate and ongoing negotiations with the province, the Region of Durham, and the Town of Ajax. Closed meeting investigator As of January 1, 2008, the Municipal Act gives citizens the right to request an investigation into whether a municipality or its local boards have complied with the Act in closing a meeting to the public.1 Municipalities and local boards may appoint their own investigator or use the services of the Ontario Ombudsman. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. I am the closed meeting investigator for the City of Pickering. To assist municipal councils, staff, and citizens, we have developed an online digest of open meeting decisions that contains summaries of the Ombudsman’s open meeting cases. This searchable repository was created to provide interested parties with easy access to the Ombudsman’s past decisions on, and interpretations of, the open meeting rules. Council members and staff can consult the digest to inform their discussions and decisions on whether a matter should or may be discussed in closed session, as well as issues related to open meeting procedure. Summaries of previous Ombudsman decisions can be found in the digest at www.ombudsman.on.ca/digest. 1 Municipal Act, SO 2001, c 25, s 239.1. Corr. 49-20 - 59 - Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto ON, M5G 2C9 Tel./Tél. : 416-586-3426 Facsimile/Télécopieur : 416-586-3485 TTY/ATS:1-866-411-4211 www.ombudsman.on.ca Review My Office reviewed the relevant meeting agenda, open and closed session minutes, and other closed session meeting materials provided by the City. We also reviewed the municipality’s procedure by-law and spoke with the Clerk, Deputy Clerk, and City Solicitor. The complaint we received alleged that council’s discussion of two matters on August 10, 2020, did not fit within the closed meeting exception. These matters were described in the agenda as: 3.1 Director, Corporate Services & City Solicitor, Confidential Report LEG 07-20 Proposed Land Acquisition, Notion Road Fly-over Project 3.2 Verbal update from the Deputy Mayor and Interim Chief Administrative Officer Re: Discussions with the Province of Ontario, Region of Durham and Town of Ajax regarding the MZO for Durham Live Council cited three closed meeting exceptions from the Municipal Act in its resolution to proceed in camera. These included the exceptions for the acquisition or disposition of land (s. 239(2)(c)), advice subject to solicitor-client privilege (s. 239(2)(f)), and plans or instructions for negotiations (s. 239(2)(k)). The resolution did not specify which closed meeting exception related to which closed session matter. However, the Clerk told our Office that the acquisition or disposition of land exception related to agenda item 3.1 (proposed land acquisition) and the ongoing negotiation exception related to agenda item 3.2 (discussions with the province, region, and Town of Ajax). We were told that the advice subject to solicitor-client privilege exception related to a third matter discussed in camera that is not part of the complaint we received. While the Municipal Act does not require council to specifically indicate which exception it intends to rely on for each matter discussed in closed session, I have encouraged other municipalities to consider this a best practice and encourage the City to adopt this practice to enhance the accountability and transparency of its meetings. - 60 - Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto ON, M5G 2C9 Tel./Tél. : 416-586-3426 Facsimile/Télécopieur : 416-586-3485 TTY/ATS:1-866-411-4211 www.ombudsman.on.ca Proposed land acquisition, Notion Road Fly-over Project According to our discussion with the City, as well as the closed session minutes and materials, once in closed session council discussed information related to a specific piece of land the municipality was considering purchasing. Once council returned to open session, it resolved to purchase the plot of land at a specific price and directed staff to execute an Agreement of Purchase and Sale and take other steps to finalize the sale. The acquisition or disposition of land exception in section 239(2)(c) of the Act allows council to discuss the sale, lease, or purchase of land within a closed session, with the primary purpose being to protect the municipality’s bargaining position in property negotiations.2 Our review indicates that council was considering information related to the potential purchase of a specific piece of property and deciding how to proceed. Ultimately, council returned to open session and decided to purchase the land. Accordingly, the discussion was permitted in camera. Discussions with the province of Ontario, Region of Durham and Town of Ajax regarding the MZO for Durham Live Regarding council’s second in camera agenda item, our review indicates that staff provided an update about ongoing negotiations with the province, the Region of Durham and the Town of Ajax related to the Durham Live development and the potential issuance of a Ministerial Zoning Order. We were provided with information about the specific topics subject to ongoing negotiation between the parties and the positions of different parties, including the City, regarding those matters. Section 239(2)(k) of the Act allows municipal councils to discuss “plans and instructions for negotiations”. The purpose of this exception is to allow a municipality to protect information that could undermine its bargaining position or give another party an unfair advantage over the municipality during an ongoing negotiation. In order for the exception to apply, the municipality must show that: 1. The in camera discussion was about positions, plans, procedures, criteria, or instructions; 2 Letter from Ombudsman of Ontario to Town of Ajax (28 March 2014), online. - 61 - Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto ON, M5G 2C9 Tel./Tél. : 416-586-3426 Facsimile/Télécopieur : 416-586-3485 TTY/ATS:1-866-411-4211 www.ombudsman.on.ca 2. The positions, plans, procedures, criteria, or instructions are intended to be applied to negotiations; 3. The negotiations are being carried on currently, or will be carried on in future; and 4. The negotiations are being conducted by or on behalf of the municipality.3 My review indicates that on August 10, 2020, council was discussing its position regarding ongoing negotiations with the province, region, and Town of Ajax. Accordingly, this discussion was permissible under section 239(2)(k) of the Municipal Act. I would like to thank the City for its co-operation during my review. The Mayor confirmed that this letter would be included as correspondence at an upcoming council meeting. Sincerely, Paul Dubé Ontario Ombudsman cc: Clerk Susan Cassel, scassel@pickering.ca 3 St. Catharines (City of) (Re), 2019 ONOMBUD 1, http://canlii.ca/t/hxrk5, at paras 30-31. - 62 - Report to Council Report Number: CS 30-20 Date: September 28, 2020 From: Brian Duffield (Acting) Director, Community Services Subject: Update on Indigenous Land Acknowledgement and Relationship Building - Cultural Advisory Committee - File: A-1440 Recommendations: 1. That Council adopt the proposed Indigenous Land Acknowledgement Statement as set out in Attachment 1; 2. That Council endorse the Indigenous Relationship Building Action Plan, prepared by staff and the Cultural Advisory Committee, as set out in Attachment 2; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: This report is provided at the request of Council, as per Council Resolution #372-20, which requests staff to work through the Cultural Advisory Committee (CAC) towards the establishment of an Indigenous Land Acknowledgement Statement. Since the July 27th meeting of Council, staff have worked with CAC members on the following initiatives: Indigenous Relationship Building Action Plan (Attachment 2); established a Cultural Advisory Committee Sub-committee on Indigenous Relationship Building and a public call for Sub-committee members; met with staff representatives from across the corporation to review the draft action plan and gather feedback; finalized a land acknowledgement statement in consultation with Indigenous representatives from across southern Ontario, and the Mississaugas of Scugog Island (Attachment 1); established a relationship between the Mississaugas of Scugog Island and the City, and received permission from Chief Kelly LaRocca to offer the Land Acknowledgement in Pickering; planned Orange Shirt Day observances (September 30th) including a proclamation, flag raising and community activities; officially received the gift of a First Nations flag from Chief LaRocca Mississaugas of Scugogs Island; and, initiated conversations and opportunities for cultural safety training for Pickering Council and staff. - 63 - CS 30-20 September 28, 2020 Subject: Update on Indigenous Land Acknowledgement and Relationship Building Upon endorsement of the Indigenous Relationship Building Action Plan, staff and the CAC will continue the work identified to build awareness and appreciation for Indigenous Peoples and Culture. Financial Implications: With respect to offering the land acknowledgement statement, there are no additional costs beyond staff time. Towards the work of developing appreciation and awareness in the community for Indigenous Culture, staff will include funds in the proposed 2021 Current Budget for training and cultural development, totaling approximately $17,500.00 annually for the three years of the plan as outlined in Attachment 2 Indigenous Relationship Building Action Plan (CAC). Funds will be included in the Cultural Advisory Committee budget allocation within the 2021 Current Budget. Indigenous Relationship Building Action Plan (Year 1) - NEW 2021 Proposed 2022 Proposed 2023 Proposed Events (Indigenous Celebration Day, Winter Solstice, Orange Shirt Day) $ 7,500 $ 7,500 $ 7,500 Training and Education (Council, Senior Management, Culture and Human Resources Staff) $ 5,000 $ 2,000 $ 2,000 Transportation and Meeting Costs $ 750 $ 750 $ 750 Plaque/Installation Recognizing Lands $ 2,500 $ 5,000 $ 5,000 Change the Narrative Reconciliation Events (2) $ 2,000 $ 2,000 $ 2,000 $ 17,750 $ 17,250 $ 17,250 Staff will seek available grant opportunities at the provincial and federal level. Discussion: The City of Pickering is a place rich in culture and diversity, and growing in population. Municipalities experiencing growth enjoy a unique opportunity to celebrate culture and heritage by engaging new residents, renewing community pride; while inviting possibility of change and enrichment. Through the Cultural Strategic Plan (2014), staff have undertaken opportunities to build and strengthen relationships with community and cultural organizations, celebrate heritage, and develop opportunities for residents to create and enjoy cultural experiences. As such, the action items of the Cultural Strategic Plan further identifies goals of developing interpretation and celebrations on Indigenous Arts, Heritage and Culture. Developing a strong relationship and appreciation with the Indigenous community will strengthen community unity, forge a path of reconciliation, and establish a strong foundation of respect and appreciation for the - 64 - CS 30-20 September 28, 2020 Subject: Update on Indigenous Land Acknowledgement and Relationship Building natural and social heritage of Pickering with our residents, while developing a mutually beneficial relationship with the Indigenous Community. While the City is requesting Indigenous guidance and participation, we must do so with respect. Indigenous Peoples have experienced oppression, racism and genocide over the last 400 years. The last Residential school closed in 1996. These schools destroyed families and left behind intergenerational trauma. As per Council Resolution #372-20, the Cultural Advisory Committee (CAC) has worked towards a relationship with the Indigenous Community and the development of a land acknowledgement statement and have identified actions towards development of a relationship and reconciliation with our Indigenous Peoples. These actions are necessary to support the successful adoption of the Land Acknowledgement Statement, and to contribute to the success of future projects such as the establishment of partnerships for events, interpretation, and the commissioning of public artworks. A. Indigenous Relationship Building Action Plan (Attachment 2) The development of a land acknowledgement has provided an opportunity to initiate and build a positive relationship between Indigenous Peoples and the residents of City of Pickering. This is a chance to help educate ourselves and recognize Indigenous Peoples. We have the chance to build the meaningful equitable relationships needed to walk the path together as a community. Land acknowledgements are a necessary step toward reconciliation and honouring the original occupants of the land, however it is possible for good intentions to cause further harm. Recent versions of land acknowledgements have been inspired by the 94 calls to action contained in the Truth and Reconciliation Commission of Canada. Land acknowledgements created by Non- Indigenous People, without the involvement of Indigenous Peoples is only an extension of colonialism. Copying or quickly composing a statement, risks offending Indigenous Peoples and completely misses the fundamental point of what reconciliation is. Reconciliation requires understanding the past, recognizing treaty agreements, building equitable relationships and restoring Indigenous Peoples language and culture. As such, staff and the CAC have drafted an action plan to take steps towards reconciliation, and relationship building to accompany the adoption of the Land Acknowledgment Statement. The Cultural Advisory Committee and staff have collaborated to develop the action plan which identifies training, cultural events, and experiences over a course of three years. These activities will support the relationship between the City, community residents and Indigenous Peoples. The action plan builds awareness and knowledge starting with community leadership as well as staff and extends into community organizations and members of the public. The actions of the plan are balanced between awareness and cultural training, and cultural experiences. The draft plan was discussed at a recent staff team meeting involving members of Human Resources, Pickering Museum Village and Pickering Public Library. Funds will be included in the 2021 Current Budget to address the first year activities of the plan. The current plan spans three years. - 65 - CS 30-20 September 28, 2020 Subject: Update on Indigenous Land Acknowledgement and Relationship Building B. Established a Cultural Advisory Committee Sub-committee on Indigenous Relationship Building and a public call for Sub-committee members As per Council Resolution #372-20, Supervisor, Cultural Services was directed to work with the Cultural Advisory Committee to develop an Indigenous Land Acknowledgement Statement. The advisory committee members approved the creation of an Indigenous Relationship Building Sub- committee, and have (with support from staff) developed content for a public call for sub- committee members. The purpose of the sub-committee is to: work towards a meaningful relationship with the Indigenous Community, which is mutually beneficial; undertake a long-term plan of action which engages the community, honours Indigenous Peoples, and builds appreciation and awareness of Indigenous culture and heritage; advise on opportunities to raise awareness of the history of the land and its caretakers; work in partnership with the Indigenous Community, City and relevant stakeholders to develop a Land Acknowledgement Statement and terms of use for the entire Pickering community; and, provide updates to the CAC at each regular meeting. A public call for the sub-committee has been drafted. The call will be released with the endorsement of the action plan and this report. C. Developed a Land Acknowledgement Statement in consultation with Indigenous representatives from across southern Ontario, and the Mississaugas of Scugog Island (Attachment 1) Land Acknowledgements remind us of our relationships to the land and each other. It is important that these statements recognize the current treaty holders of the land. The Williams Treaties were signed in 1923 by the Governments of Canada and Ontario and by seven First Nations of the Chippewa of Lake Simcoe and the Mississauga of the North Shore of Lake Ontario. The land Pickering resides on falls within the Williams Treaty boundaries under the responsibility of the Mississaugas of Scugog First Nation. The Land Acknowledgement Statement was drafted by CAC stakeholder member John Currie (Executive Director – Honouring Indigenous Peoples - HIP) in consultation with members of the Indigenous Community from across Southern Ontario and City staff, and was finalized by Chief LaRocca of the Mississaugas of Scugog Island. Clerks have updated the procedural By-law to include land acknowledgment during Council meetings following the invocation. D. Established a relationship between the City and the Mississaugas of Scugog Island, and received permission to offer Land Acknowledgement in Pickering Cultural Advisory Committee members, staff, Mayor Ryan, Chief LaRocca and Councillor Laura Colwell (Mississaugas of Scugog Island Council) met on September 2, 2020 to establish a relationship and discuss opportunities for future partnership and engagement. - 66 - CS 30-20 September 28, 2020 Subject: Update on Indigenous Land Acknowledgement and Relationship Building During the meeting with Mayor Ryan and Chief LaRocca, tobacco was gifted, as is custom, to the Mississaugas in exchange for guidance and wisdom as the City works to form a relationship with the Indigenous Community. Chief LaRocca extended an offer of guidance, supported and expressed interest in future plans of the City related to culture, arts, and heritage, and provided an offer of support related to training and engagement as we move forward. This meeting is an important first step in establishing a meaningful relationship with the Indigenous Community. The implementation of the action plan, trainings, cultural celebrations and recognition will contribute to the successful adoption of the Land Acknowledgement Statement. E. Planned Orange Shirt Day observances (September 30, 2020) including a Proclamation, Flag Raising and Community Activities Staff have worked with CAC representatives to plan a flag raising, submit a proclamation request, develop community content for the Family Calendar and Social Media; and have received an invitation for City Council, City of Pickering employees and the CAC to attend an anti-racism and anti-bullying event on September 30, 2020 – An Orange Shirt Day Commemoration. The Rotary Club of Pickering and Honouring Indigenous Peoples (HIP) are proud to team up to host this online Orange Shirt Day event. Orange Shirt Day commemorates the residential school experience, to witness and honour the healing journey of the survivors and their families, and to commit to the ongoing process of reconciliation. It is an opportunity for Indigenous Peoples, local governments, schools and communities to come together in the spirit of reconciliation and hope for generations of children to come. The annual Orange Shirt Day on September 30th opens the door to global conversation on all aspects of Residential Schools. It is an opportunity to create meaningful discussion about the effects of Residential Schools and the legacy they have left behind. A discussion all Canadians can tune into and create bridges with each other for reconciliation. A day for survivors to be reaffirmed that they matter, and so do those that have been affected. Every Child Matters, even if they are an adult, from now on. The agenda includes: Kahontakwas, Diane Longboat, from the Mohawk Nation, Turtle Clan, a traditional teacher from Six Nations Grand River Territory; the originator of Orange Shirt Day, Phyllis Webstad , Northern Secwpemc (Shuswap) from the Stswecem’c Xgat’tem First Nation; and former Pickering Resident and Mohawk Residential School Survivor, Dawn Hill, member of the Board of Directors for Mohawk Village Memorial Park. F. Officially received the gift of a First Nations flag from the Mississaugas of Scugog Island for the flag raising on September 30, 2020 During the September 2nd meeting between Mayor Ryan and Chief LaRocca, the Chief was invited to participate or send a representative to the September 30th virtual zoom call and flag raising. Chief LaRocca offered to present the flag to the City as a gift and this gift was accepted with gratitude and will be raised at City Hall between September 30 – October 7, 2020. - 67 - CS 30-20 September 28, 2020 Subject: Update on Indigenous Land Acknowledgement and Relationship Building Chief LaRocca gifted a flag from the Mississaugas of Scugogs Island to the City of Pickering. The flag was picked up and transported to City Hall by CAC stakeholder representative John Currie. This journey has been documented, and will be shared through social media with residents to formalize the City’s commitment to development of a relationship with Indigenous Peoples. G. Initiated conversations and opportunities for Indigenous Cultural Safety Training for Pickering Council and staff During the September 2nd meeting with the Mississaugas of Scugog Island, staff discussed with Chief LaRocca areas of training included in the Action Plan. Chief LaRocca personally offered to provide cultural safety training on a large scale to Council from across the region, and any additional municipal and regional staff members. City staff will organize this opportunity, and extend the offer to regional counterparts. Staff will work towards offering this training in 2020. While the City has received the offer of Indigenous guidance and participation, we must continue to access this relationship with respect. Indigenous Peoples have experienced oppression, racism and genocide over the last 400 years. The last Residential School closed in 1996. These schools destroyed families and left behind intergenerational trauma. What is needed is healing and patience, not urgent demands to meet another government request. Actions included in the Indigenous Relationship Building action plan are necessary to provide a foundation for meaningful acknowledgement and reconciliation with the Indigenous Community. The leadership of Council and the work of the CAC will provide this opportunity for social growth and development to the Pickering community and will provide a lasting legacy of mutual respect and shared opportunity, and will forge a new path for future generations related to equity, opportunity and understanding. Attachments: 1. Land Acknowledgement Statement 2. Indigenous Relationship Building Action Plan 3. Council Resolution #372/20, Directive Memorandum dated July 31, 2020 - 68 - CS 30-20 September 28, 2020 Subject: Update on Indigenous Land Acknowledgement and Relationship Building Prepared By: Approved/Endorsed By: Tanya Ryce Brian Duffield Supervisor, Cultural Services (Acting) Director, Community Services Jennifer Eddy Director, Human Resources BD:tr Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: Original Signed By: - 69 - Memo To: Brian Duffield (Acting) Director, Community Services September 18, 2020 From: Tanya Ryce Supervisor, Cultural Services Copy: CEO Pickering Public Library City Clerk Director, Human Resources Manager, Public Affairs Supervisor, Museum Services Coordinator, Cultural Services Cultural Advisory Committee Subject: Pickering Land Acknowledgement Statement File: A:1400 The following Land Acknowledgement Statement has been drafted by John Currie Cultural Advisory Committee stakeholder, President Pickering Rotary, and National Chair of Honouring Indigenous Peoples in collaboration with Indigenous representatives from across Southern Ontario, Chief Kelly LaRocca of the Mississaugas of Scugog Island, and vetted by Laura Colwell Councillor Mississaugas of Scugog Island, Cultural Services staff, City Public Affairs and Mayor Dave Ryan. The statement has been endorsed by the Cultural Advisory Committee as part of their September 15 meeting. “We acknowledge that the City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. Pickering is also home to many Indigenous persons and communities who represent other diverse, distinct, and autonomous Indigenous nations. This acknowledgement reminds us of our responsibilities to our relationships with the First Peoples of Canada, and to the ancestral lands on which we learn, share, work, and live.” This statement is presented for the endorsement of Council at the September 28, 2020 meeting of council as part of CS 30-20 TR Attachment #1 to Report CS 30-20 - 70 - Indigenous Relationship Building Action Plan To: Brian Duffield (Acting) Director, Community Services September 18, 2020 From: Tanya Ryce Supervisor, Cultural Services Copy: Cultural Advisory Committee Chief Engagement Officer, Pickering Public Library City Clerk Director, Human Resources Supervisor, Museum Services Coordinator, Cultural Services Subject: Indigenous Relationship Building Action Plan - Developed by the CAC File: A-1400 The CAC in response to resolution 302-20 by council at the July 27 meeting of Council have drafted the below action plan related to building a relationship with the Indigenous community. The development of a land acknowledgement has provided an opportunity to initiate and build a positive relationship between Indigenous Peoples and all of the residents of City of Pickering. This is a chance to help educate ourselves and recognize Indigenous peoples. We have the chance to build the meaningful equitable relationships needed to walk the path together as a community. Land acknowledgements are a necessary step toward reconciliation and honouring the original occupants of the land, however it is possible for good intentions to cause further harm. Recent version of land acknowledgements have been inspired by the 94 calls to action contained in the Truth and Reconciliation Commission of Canada. Land acknowledgements created by Non- Indigenous People without the involvement of Indigenous Peoples is only an extension of colonialism. Copying or quickly composing a statement, risks offending Indigenous People and completely misses the point of what reconciliation is about. Reconciliation is not a list of tasks to check off as complete. Reconciliation requires understanding the past, recognizing treaty agreements, building equitable relationships and restoring Indigenous Peoples language and culture. As such staff and the CAC have drafted an action plan to take steps towards reconciliation, and relationship building to accompany the adoption of the land acknowledgment statement. Attachment #2 to Report CS 30-20 - 71 - September 18, 2020 Page 2 of 4 Indigenous Relationship Building Action Plan The Cultural Advisory Committee and staff have collaborated to develop the action plan which identifies training, cultural events, experiences over a course of three years. These activities will support the relationship between the City, community residents and Indigenous Peoples. The action plan builds awareness and knowledge starting with Community leadership, staff and extends into Community Organizations and Members of the Public. The actions of the plan are balanced between awareness and cultural training, and cultural experiences. The draft plan was discussed in a team meeting involving members of human resources, Pickering Museum Village and Pickering Public Library. Monies have been included in the 2021 budget to address the first year activities of the plan. The current plan spans three years. Actions of the Plan Forming of CAC Sub-committee on Indigenous Relationship Building In response to resolution #372-20; which requests the Supervisor, Cultural Services to work with the Cultural Advisory Committee towards the establishment of an Indigenous Land Acknowledgement Statement, CAC the advisory committee members approved the creation of an Indigenous Relationship Building Sub-committee, and have since with staff developed content for a public call for sub-committee members. The purpose of the sub-committee is to: work towards meaningful relationship with the Indigenous community, which is mutually beneficial; undertake a long-term plan of action which engages the community, honours Indigenous peoples, and builds appreciation and awareness of Indigenous culture and heritage; advise on opportunities to raise awareness of the history of the land and its caretakers; work in partnership with the Indigenous Community, City and relevant stakeholders to develop a Land Acknowledgement Statement and terms of use for the entire Pickering community; and, provide updates to the CAC at each regular meeting. Development of Land Acknowledgement Statement and Terms of Use Land acknowledgements remind us of our relationships to the land and each other. It is important that these statements recognize the current treaty holders of the land. The Williams Treaties were signed in 1923 by the Governments of Canada and Ontario and by seven First Nations of the Chippewa of Lake Simcoe and the Mississauga of the north shore of Lake Ontario. The land Pickering resides on falls within the Williams Treaty boundaries under the responsibility of the Mississauga of Scugog First Nation. The land acknowledgement statement was drafted by CAC stakeholder member John Currie (Executive Director – Honouring Indigenous Peoples) in consultation with members of the Indigenous Community from across southern Ontario, City staff, and finalized by Chief LaRocca of - 72 - September 18, 2020 Page 3 of 4 Indigenous Relationship Building Action Plan the Mississaugas of Scugog Island. During the process the statement was reviewed by Public Affairs and the Mayor. The next step of offering land acknowledgement is to ensure the statement has meaning and support in the community. The intention is to extend use of the Land Acknowledgement to organizations such as Pickering Museum Village, Pickering Public Library, Toronto Zoo and Pickering Rotary. In order for successful application of the statement those offering it should be similarly positioned with education, and adoption of a philosophy which aligns with the delivery of a land acknowledgement statement. Request for Guidance and Leadership - Engage Indigenous Communities to form relationships and request guidance and wisdom, exchange knowledge and develop meaningful, mutually beneficial partnerships. Cultural Awareness Training to be offered virtually by Chief Kelly LaRocca to Council, City Staff, Cultural Advisory Committee with an extended offer of participation to Regional peers. $3000 Acknowledgement Event (Raising First Nation Flag), consider potential to raise or present a fourth flag. – staff time, and travel honorariums, cost included in redevelopment of City Hall front entrance. City to join Honouring Indigenous Peoples (HIP) – City would be the first municipality to join Honouring Indigenous Peoples. Change the Narrative Training - In person event operated by HIP in partnership with Rotary. Includes audience engagement through the viewing on the APTN show First Contact, opportunity for audience engagement through panel and round table engagement, potential for interactions with members of the Indigenous Community – budget for $2000 per session up to 99 people ( to cover honorariums and travel. Offered to staff and management in year one, scope expanded to community and cultural organizations in year two, and to residents in year three. Invitation to Attend to Recognition Events such as Remembrance Day, Afghan Veterans Day, D-Day Celebrations, Land-based celebrations – $ 750 to support travel and meeting costs. Partnership, recognition and celebration of Indigenous culture and traditions including partnership and education surrounding Winter Solstice, Summer Solstice, Indigenous Day, and Orange Shirt Day - $7500 annually to support operation of recognition or collaborative events and activities. Develop and Install permanent recognitions in the form of plaques, public art, plantings and interpretive displays. $2500 in year one, $5000 per year in years 2 and 3. - 73 - September 18, 2020 Page 4 of 4 Indigenous Relationship Building Action Plan Indigenous Relationship Building Action Plan (Year 1) - NEW 2021 Proposed 2022 Proposed 2023 Proposed Events (Indigenous Celebration Day, Winter Solstice, Orange Shirt Day) $ 7,500 $ 7,500 $ 7,500 Training and Education (Council, Senior Managements, Culture and Human Resources Staff) $ 5,000 $ 2,000 $ 2,000 Transportation and Meeting Costs $ 750 $ 750 $ 750 Plaque/Installation Recognizing Lands $ 2,500 $5,000 $5,000 Change the Narrative Reconciliation Events (2) $ 2,000 $ 2,000 $ 2000 $ 17,750 $ 17,250 $ 17,250 TR - 74 - Legislative Services Division Clerk’s Office Directive Memorandum July 31, 2020 To:Brian Duffield (Acting) Director, Community Services From:Susan Cassel City Clerk Subject:Direction as per Minutes of the Meeting of City Council held on July 27, 2020 Corr. 32-20 Jake Farr, Mental Health Counsellor/Psychotherapist Authentic Self Counselling Services Re: Request for By-Law change - Indigenous Land Acknowledgment Council Decision Resolution #372/20 1.That Corr. 32-20, dated July 7, 2020, from Jake Farr, regarding the Request for By-Law change - Indigenous Land Acknowledgment, be received; 2.That the Supervisor, Cultural Services be directed to work with the Cultural Advisory Committee, to develop an Indigenous Land Acknowledgm ent Statement and report back to Council with a status update at the September 28, 2020, Council Meeting; and, 3.That Staff be directed to bring forward an amendment to the Procedural By-law, at the September 28, 2020, Council Meeting, to include the ability to read an Indigenous Land Acknowledgment Statement at Council meetings. A copy of the original correspondence is attached for your reference. Please take any action deemed necessary. Susan Cassel Enclosure Copy:Interim Chief Administrative Officer Director, Corporate Services & City Solicitor City Clerk Supervisor, Cultural Services Attachment #3 to Report CS 30-20 - 75 - 1 From:Jake Farr Sent:Tuesday, July 7, 2020 12:43 AM Subject:Request for By-Law change July 7th, 2020 To Deputy Mayor and City of Pickering Councillors On October 8th, 2019 I sent corresponded to the City of Pickering Clerk’s office asking the City of Pickering to change the current By‐law to replace or include a respectful statement to acknowledge the land of our First Nations Indigenous People as a place where the City engages in its work. Between that date and October 25th, 2019 I had correspondence by email and verbally with Councillor Brenner and Susan, from the City Clerk’s office regarding this. I was asked by Susan to let the Cultural Advisory Committee finish working on this as they had apparently started to investigate land acknowledgement and were supposed to bring it to council who could then motion to have staff to look into it. This was also premised that Culture Advisory Committee wanted to ensure the acknowledgement was meaningful and honorable to our First Peoples. Through Councilor Brenner I understood that this would be brought forward in the first quarter of 2020. I have listened to the June 29th , 2020 council meeting and I stand with Councilor Brenner that this has been dragging on far too long. Our National Truth and Reconciliation act has been in the works since 2015. Why has it taken until 2019 for this to be even brought forward to consider working on this? Why was there no push to start our relationship building with our First People of the area years ago, so we could have built the relationship that Tanya Rice indicated is needed in order to ensure we are speaking the land acknowledgement with meaning and honour? For cities and regions that have felt unready for a land acknowledgments there has been space given before meetings to have a moment of silence to allow those present to acknowledge the land in their own way. Why has this not even been adopted? Silence does not need approval, it allows for free acknowledgement. As a guiding note, silence would absolutely need to be separate from the ending of the invocation that is read at the beginning of council meetings. Having it follow this would be making it look like it was an extension of the prayer. As well, why is it we still have a prayer? Was community consulted to make it an inclusive invocation? Has it been updated and reviewed by the Culture Advisory Committee? I feel the City is running far behind in their Inclusion and Equity and are in need of some fast paced fulsome work. We have fallen far behind and continue to fall further behind other cities in this area and yet we are - 76 - 2 toted as a fast growing progressive city. We are fast becoming unprepared to meet the needs of our residents and City staff. It is up to the leaders, this Council and City staff to drive Inclusion and Equity with the support and voice of all stakeholders, particularly with voices from those who are systemically marginalized and oppressed. This is not what is happening in the City of Pickering. To hear that we are still at least a half a year away from budget money in this area is a sad reality that true commitment has not been a priority for this city. Other Durham cities have had Inclusion and Equity departments for years. And we are just starting the process? I am asking you, in the minimum, to change the By‐Law to a silent acknowledgment of the land we live on, until the Land Acknowledgment wording can be done and relationships built as per how Tanya Rice indicates it needs to be done. If we have to wait for the Mayor to do this relationship building, it may take years now that we are needing and should be acknowledging our systemic racism with the City frame work which will take substantial time and effort on all parties. Thank you Regards Jake Farr MSW, RSW Pronouns (He/Him/His) Mental Health Counsellor/Psychotherapist Authentic Self Counselling Services 416‐678‐2340 www.authenticselfcs.com https://www.psychologytoday.com/ca/therapists/on/pickering/358643?sid=5c77ecbd25423&ref=5&tr=Result sPhoto https://www.facebook.com/authenticselfcs/ I am honoured to acknowledge that I work,play and live on the lands of the Mississaugas of Scugog Island First Nation, which is covered under the Williams Treaties. Situated on the traditional territory of the Mississaugas, a branch of the greater Anishinaabeg Nation, which includes Algonquin, Ojibway, Odawa and Pottawatomi. - 77 - Report to Council Report Number: ENG 07-20 Date: September 28, 2020 From: Richard Holborn Director, Engineering Services Subject: Claremont Memorial Park Baseball Diamond Reconstruction - Tender No. T2020-27 - File: A-1440 Recommendation: 1. That Tender No. T2020-27 for Claremont Memorial Park Baseball Diamond Reconstruction as submitted by Latitude 67 Ltd. in the total tendered amount of $565,489.52 (HST included) be accepted; 2. That the total gross project cost of $658,378.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $592,890.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $592,890.00 as approved in the 2020 Parks Capital Budget by a transfer from the Parkland Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: As part of the 2020 Parks Capital Budget, funds were approved for the Claremont Memorial Park Baseball Diamond Reconstruction project. The project includ es the replacement of the large baseball diamond backstop and lighting, installation of a new outfield fence and warning track, addition of a sub-drainage system, reconstruction of the infield area, new concrete bleacher pads, new player’s benches, and removal of the small baseball diamond backstop. The reconstruction of the large baseball diamond is the first phase of the implementation of the Claremont Memorial Park Master Plan that was endorsed by Council on April 18, 2016 (Report ENG 07-16, Resolution #154/16). Prior to the detailed design and tender of this project, staff met with representatives of the various baseball associations that use this baseball diamond, to confirm user requirements and obtain their comments on the proposed layout. Tender No. T2020-27 was issued on Wednesday, August 12, 2020 and closed on Wednesday, September 2, 2020 with 8 bidders responding. The low bid of $565,489.52 (HST included) submitted by Latitude 67 Ltd. is recommended for approval. The total gross project cost which includes the tendered amount, a contingency and other associated costs, is estimated at $658,378.00 (HST included) and the total net project cost is estimated at $592,890.00 (net of HST - 78 - ENG 07-20 September 2020 Subject: Claremont Memorial Park Baseball Diamond Reconstruction Page 2 rebate). A 12 percent contingency is included in the associated costs to cover any unforeseen costs such as poor soil conditions. Due to the ongoing concerns and new business practices related to the COVID-19 virus pandemic, Engineering Services and Corporate Services staff will work with Latitude 67 Ltd., to ensure that proper procedures and protocols are in place to provide a safe work environment for Pickering residents, the contractor, sub-contractors, and City staff. These measures may include a delay to the start date of the project. Financial Implications: 1. Tender Amount Tender No. T2020-27 $500,433.20 HST (13%) 65,056.32 Total $565,489.52 2. Estimated Project Costing Summary Tender No. T2020-27 – Tender for Claremont Memorial Park Baseball Diamond Reconstruction $500,433.00 Associated Costs Geotechnical Investigations (GHD Limited) 10,950.00 Electrical Engineering (Kirkland Engineering Ltd.) 6,200.00 Materials Testing Allowance 5,000.00 Project Contingency (12%) 60,052.00 Sub Total – Costs 582,635.00 HST (13%) 75,743.00 Total Gross Project Cost $658,378.00 HST Rebate (11.24%) (65,488.00) Total Net Project Cost $592,890.00 3. Approved Source of Funds – 2020 Parks Capital Budget Account Code Source of Funds Budget Required 5780.2036.6129 RF – Parkland $600,000.00 $592,890.00 Total $600,000.00 $592,890.00 Net project costs (over) under approved funds $7,110.00 - 79 - ENG 07-20 September 2020 Subject: Claremont Memorial Park Baseball Diamond Reconstruction Page 3 Discussion: The reconstruction of the large baseball diamond is the first phase of the implementation of the Claremont Memorial Park Master Plan that was endorsed by Council on April 18, 2016 (Report ENG 07-16, Resolution #154/16). The master plan process included a number of consultation meetings with area residents and representatives of user groups, as well as a public open house. Prior to the detailed design and tender of this project, staff met again with representatives of the various baseball associations that use this baseball diamond, to confirm user requirements and obtain comments on the proposed layout. The existing small baseball diamond that is located at the south-west corner of the park, adjacent to the Legion, will be removed as it is no longer used. The large baseball diamond will be rotated slightly south and shifted east, to increase the depth of the outfield and to reduce the likelihood of baseballs being hit out on to the road and into the parking lot. A longer and higher first baseline fence will also be installed as added protection for the parking lot. The work to be completed in the Claremont Memorial Park Baseball Diamond Reconstruction Project includes the following items: removal of the existing large baseball diamond and small baseball diamond backstops; construction of a new backstop for the large baseball diamond; replacement of the existing baseball diamond lighting system with a new LED lighting system; reconstruction of the infield area including a sub-drainage system and new surfacing; construction of an outfield fence and warning track; new concrete bleacher pads (existing bleachers to be reused); new players benches; and asphalt paving around the spectator area. As part of the 2020 Parks Capital Budget, funds were approved for the Claremont Memorial Park Baseball Diamond Reconstruction project. Tender No. T2020-27 was issued on Wednesday, August 12, 2020 and closed on Wednesday, September 2, 2020 with 8 bidders responding. The low bid submitted by Latitude 67 Ltd. is recommended for approval. Latitude 67 Ltd. successfully completed the Beverly Morgan Park football field reconstruction in 2014. This was a $1.3 million project that involved the conversion of a natural turf to an artificial turf field. References for Latitude 67 Ltd. and their Waste Management Plan have been reviewed and are deemed acceptable by the Senior Coordinator, Landscape & Parks Development. The City’s Health & Safety Policy form and current Certificate of Clearance issued by the Workplace Safety & Insurance Board have been submitted by Latitude 67 Ltd.. The Certificate of Insurance has been reviewed by the Manager, Budgets & Internal Audit and is deemed acceptable. In conjunction with staff’s review of the contractor’s previous performance on City projects and references available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends the acceptance of the low bid submitted by Latitude 67 Ltd. for Tender No. T2020-27 in the amount of $565,489.52 (HST included) and that the total net project cost of $592,890.00 (net of HST rebate) be approved. - 80 - ENG 07-20 September 2020 Subject: Claremont Memorial Park Baseball Diamond Reconstruction Page 4 Attachments: 1.Supply & Services Memorandum dated September 10, 2020 2.Record of Tenders Opened 3.Location Map Approved/Endorsed By: Original Signed By: Richard Holborn, P.Eng. Director, Engineering Services Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Prepared By: Original Signed By: Arnold Mostert, OALA Senior Coordinator, Landscape & Parks Development Original Signed By: Scott Booker Manager, Capital Projects & Infrastructure Original Signed By: Ray Rodrigues, CPPB Manager, Supply & Services AM:mjh Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 81 - To: Richard Holborn Director, Engineering Services September 10, 2020 From: Justin MacDonald (Acting) Senior Purchasing Analyst, Supply & Services Copy: Administrative Assistant, (Engineering Services) Manager, Supply & Services Subject: Tender No. T2020-27 Tender for Claremont Memorial Baseball Diamond Reconstruction Closed: Wednesday, September 2, 2020 – 2:00pm File: F-5400-001 Tender No.T2020-27 was advertised on the City’s website on Wednesday, August 12, 2020. Eight companies have submitted a bid for this project. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been completed below. The unsuccessful Bidder’s tendering deposit, other than a bid bond, shall be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010 -001, Item 13.03 (w). Three (3) bids have been retained for review at this time and are attached. Summary Harmonized Sales Tax Included Bidder Total Tendered Amount After Calculation Check Latitude 67 Ltd. $565,488.84 $565,489.52 MJ.K. Construction $613,173.03 $612,161.30 Loc-Pave Construction Limited $623,278.78 $611,752.78 Anthony Furlano Construction Inc. $624,154.37 $624,154.37 Worldwide Turf Inc $646,069.42 $646,069.42 Elcore Construction Inc. $708,510.00 $708,511.27 Memo Attachment #1 to Report # ENG 07-20 - 82 - Tender No. T2020-27 Page 2 Royalcrest Paving & Contracting Ltd. $741,913.03 $741,913.03 Neptune Security Services Inc. $825,298.89 $825,298.89 Pursuant to Information to Bidders Item 25 Pre-Condition of Award and Item 20 Tendering Specifications, the following documentation will be requested of Latitude 67 Ltd for your review during the evaluation stage of this tender call. Please advise if Supply & Services is to proceed with collecting the following documentation: (a) A copy of the City’s Health and Safety Policy form; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (c) The City’s certificate of insurance or approved alternative form shall be completed by the Bidder’s agent, broker or insurer; (d) Project specific COVID-19 Protocols; and (e) A Waste Management Plan A budget of $600,000 was provided to Supply & Services for this procurement. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is : (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please include the following items in your report: 1. if Items (a) through (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. if the list of subcontractors is acceptable to Engineering Services; 4. if Item (d) and (e) are acceptable to Engineering Services ; 5. any past work experience with low bidder Latitude 67 Ltd, including work location; 6. without past work experience, if reference information is acceptable to Engineering Services; 7. the appropriate account number(s) to which this work is to be charged; 8. the budget amount(s) assigned thereto; 9. Treasurer’s confirmation of funding; 10. related departmental approvals; and 11. related comments specific to the project. After receiving Council’s approval, an approved “on-line” requisition will be required to proceed. - 83 - Tender No. T2020-27 Page 3 Enquiries can be directed to the City’s website for the unofficial bid results as read out at the public tender opening or to Supply & Services. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. JM Attachments (5) - 84 - -Cdt;o/P](KER]NG City of Pickering Record of Tenders Opened and Checked Tender Description: Claremont Memorial Park Baseball Diamond Reconstruction Tender No.: T2020-27 Date: Wednesday, September 2, 2020 Time: Approx. 2:15 pm Local Time Bidder Name Total Tendered Amount Latitude 67 Ltd. $565,488.84 MJ. K. Construction $613,173.03 Loe-Pave Construction $623,278.78 Limited Anthony Furlano $624,154.37 Construction Inc. Worldwide Turf Inc $646,069.42 City Staff Present Bidder Sign In Other Comments The information is strictly preliminary, pending review and verification of conformance to terms, conditions and specifications. Attachment #2 to Report # ENG 07-20 - 85 - -Cdpo/Pl(KER]NG City of Pickering Record of Tenders Opened and Checked Tender Description: Claremont Memorial Park Baseball Diamond Reconstruction Tender No.: T2020-27 Date: Wednesday, September 2, 2020 Time: Approx. 2:15 pm Local Time Bidder Name Total Tendered Amount Elcore Construction Inc. $708,510.00 Royalcrest Paving & $741,913.03 Contracting Ltd. Neptune Security Services $825,298.89 Inc. $ I $ City Staff Present Bidder Sign In Other Comments The information is strictly preliminary, pending review and verification of conformance to terms, conditions and specifications. - 86 - !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !! !! !! !! !! !! !! !! !! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!BROCK ROADLIVINGSTON STREETWELLINGTON STREET VICTORIA STREETACORN LANE BOVINGDON PLACE BROCK ROAD1:2,500 SCALE: Engineering Services Department Claremont Memorial Park Location MapSep. 16, 2020 DATE: q Claremont Memorial Park Attachment #3 to Report # ENG 08-20 - 87 - Report to Council Report Number: ENG 08-20 Date: September 28, 2020 From: Richard Holborn Director, Engineering Services Subject: Barber Street Road Reconstruction - Tender No. T2020-24 - File: A-1440 Recommendation: 1. That Tender No. T2020-24 for Barber Street Road Reconstruction as submitted by NEI Construction Corp. in the total tendered amount of $249,224.33 (HST included) be accepted; 2. That the total gross project cost of $315,064.00 (HST included), including the tendered amount, a contingency, and other associated costs, and the total net project cost of $283,725.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $283,725.00 as approved in the 2020 Roads Capital Budget by a transfer from the Roads and Bridges Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: As part of the 2020 Roads Capital Budget, funds were approved for the Barber Street Road Reconstruction project (Central Street to the north terminus). Tender No. T2020-24 was issued on Tuesday, August 11, 2020 and closed on Wednesday, September 2, 2020 with 10 bidders responding. There was 1 bid rejected under Purchasing Policy, 23.02, item 14. The low bid of $249,224.33 (HST included) submitted by NEI Construction Corp. is recommended for approval. The total gross project cost is estimated at $315,064.00 (HST included) with an estimated total net project cost of $283,725.00 (net of HST rebate). Due to the ongoing concerns and new business practices related to the COVID-19 virus pandemic, Engineering Services and Corporate Services staff will work with NEI Construction Corp., to ensure that proper procedures and protocols are in place to provide a safe work environment for Pickering residents, the contractor, sub-contractors, and City staff. These measures may include a delay to the start date of the project. - 88 - ENG 08-20 September 28, 2020 Subject: Barber Street Road Reconstruction Tender No. T2020-24 Page 2 Financial Implications: 1. Tender Amount Tender No. T2020-24 $220,552.50 HST (13%) $28,671.83 Total 249,224.33 2. Estimated Project Costing Summary Tender No. T2020-24– Tender for Barber Street Road Reconstruction $220,553.00 Associated Costs Topographical Surveys Geotechnical Report and Design Assistance Materials Testing Utility Relocation Boulevard Storm Pipe Reinstatement 3,750.00 8,049.00 5,000.00 5,000.00 10,000.00 Project Contingency (12%) 26,466.00 Sub Total – Costs 278,818.00 HST (13%) 36,246.00 Total Gross Project Cost $315,064.00 HST Rebate (11.24%) ($31,339.00) Total Net Project Cost $283,725.00 3. Approved Source of Funds – 2020 Roads Capital Budget Expense Code Source of Funds Budget Required 5320.2009.6251 RF – Road and Bridges $350,000.00 $283,725.00 Total $350,000.00 $283,725.00 Net project costs (over) under approved funds $66,275.00 Discussion: As part of the 2016 Road Needs Study endorsed by Council through Report ENG 25-17, Barber Street has been identified as a priority for road reconstruction. The 2016 Road Needs Study is used by staff as a resource document for identifying and planning maintenance, rehabilitation and reconstruction strategies, programs and projects for all Pickering roads. This project aligns with the priorities of the 2016 Road Needs Study. Engineering records show Barber Street was built in 1977 and later extended to the cul-de-sac as it exists today. The road surface is rated with a Pavement Condition Index (PCI) of 15.6 which is very poor, and the road base has failed. The PCI rating is scored out of 100 (with 100 being a new road). The project includes reconstructing the road with new granular base and asphalt surface and reinstating the ditches for drainage. Engineering Services staff have met with area residents - 89 - ENG 08-20 September 28, 2020 Subject: Barber Street Road Reconstruction Tender No. T2020-24 Page 3 and an Open House was held on Tuesday, July 7, 2020 to discuss the project and review design elements. Tender No. T2020-24 was issued on Tuesday, August 11, 2020 and closed on Wednesday, September 2, 2020 with 10 bidders responding. There was 1 bid rejected under Purchasing Policy, 23.02, item 14. The low bid of $249,224.33 (HST included) submitted by NEI Construction Corp. is recommended for approval. The total gross project cost is estimated at $315,064.00 (HST included) with an estimated total net project cost of $283,725.00 (net of HST rebate). References for NEI Construction Corp., their Waste Management Plan and list of sub-contractors have been reviewed and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The City’s Health & Safety Policy form, and a current Clearance Certificate issued by the Workplace Safety & Insurance Board has been submitted to the City by NEI Construction Corp. The Certificate of Insurance has been reviewed by the Manager, Budgets & External Audit and is deemed acceptable. In conjunction with staff’s review of the contractor’s previous work experience the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the low bid submitted by NEI Construction Corp. for Tender No. T2020-24 in the amount of $249,224.33 (HST included), and that the total net project cost of $283,725.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated September 3, 2020 2. Record of Tenders Opened and Checked 3. Location Map - 90 - ENG 08-20 September 28, 2020 Subject: Barber Street Road Reconstruction Tender No. T2020-24 Page 4 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Scott Booker Richard Holborn, P.Eng. Manager, Capital Projects & Infrastructure Director, Engineering Services Original Signed By: Original Signed By: Ray Rodrigues, CPPB Stan Karwowski, MBA, CPA, CMA Manager, Supply & Services Director, Finance & Treasurer SB:mjh Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 91 - To: Richard Holborn Director, Engineering Services September 3, 2020 From: Lisa Chang Buyer, Supply & Services Copy: Administrative Assistant, Engineering Services Manager, Supply & Services Coordinator, Infrastructure Design Subject: Tender No. T2020-24 Tender for Barber Street Road Reconstruction Closed: Wednesday, September 2, 2020 – 2:00pm File: F-5400-001 Tender No. T2020-24 was advertised on the City’s website on August 11, 2020. Ten companies have submitted a bid for this project. Montgomery MacEwen Contracting was rejected in accordance with Purchasing Policy, 23.02, item 14. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been completed below. The unsuccessful Bidder’s tendering deposit, other than a bid bond, shall be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 13.03 (w). Three (3) bids have been retained for review at this time and are attached. Summary Harmonized Sales Tax Included Bidder Total Tendered Amount After Calculation Check NEI Construction Corp. $248,919.23 $249,224.33 Blackstone Paving + Construction Limited $292,549.09 $292,549.09 Esposito Bros. Construction Ltd. $293,566.56 $293,566.56 Memo Attachment # 1 to Report # ENG 08-20 - 92 - Dufferin Construction Company, A division of CRH Canada Group Inc. $301,884.25 $301,884.25 Ashland Construction Group Ltd. $304,684.16 $304,684.16 Forest Contractors Ltd. $314,838.30 $314,838.34 Elirpa Construction & Materials Ltd. $339,746.44 $339,746.44 Royalcrest Paving & Contracting Ltd. $349,462.67 $349,406.17 Bond Paving & Construction Inc. $390,109.90 $390,109.90 Pursuant to Information to Bidders Item 25 Pre-Condition of Award and Item 20 Tendering Specifications, the following documentation will be requested of NEI Construction Corp. for your review during the evaluation stage of this tender call. Please advise if Supply & Services is to proceed with collecting the following documentation: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (c) The City’s certificate of insurance or approved alternative form completed by the Bidder’s agent, broker or insurer; and (d) Waste Management Plan. A budget of $350,000 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (b) Over $75,000 and up to $250,000 the Manager may approve the award, subject to the approval of the Director, Treasurer and CAO. Please include the following items in your memo: 1. if Items (a) through (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. if the list of subcontractors is acceptable to Engineering Services 4. if Item (d) is acceptable to Engineering Services 5. any past work experience with low bidder NEI Construction Corp. including work location; 6. without past work experience, if reference information is acceptable to Engineering Services 7. the appropriate account number(s) to which this work is to be charged; 8. the budget amount(s) assigned thereto; - 93 - 9. Treasurer’s confirmation of funding; 10. related departmental approvals; and 11. related comments specific to the project. After receiving CAO’s approval, an approved “on-line” requisition will be required to proceed. Enquiries can be directed to the City’s website for the unofficial bid results as read out at the public tender opening or to Supply & Services. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. LC - 94 - -UDJo/P](KER]NG City of Pickering Record of Tenders Opened and Checked Tender Description: Barber Street Reconstruction Tender No.: T2020-24 Date: Wednesday, September 2, 2020 before 2:00 pm Time: Approx. 2:30 pm Local Time Bidder Name Total Tendered Amount Dufferin Construction $ � b \ i�� 2 ��Company I Montgomery MacEwen $ Contracting Elirpa Construction & $ )��t'\k-\� Materials Ltd. Bond Paving & $ 16t t L'i) 1 � 1.n Construction Inc. Forest Contractors $ �q't3>b-�o City Staff Present Bidder Sign In Other Comments The information is strictly preliminary, pending review and �erification of conformance to terms, conditions and specifications. �- I\,{) f".. - Ci N\ Q\ l °'-"-f" in accordance with Purchasing Policy 23.02, item 14 Attachment # 2 to Report # ENG 08-20 - 95 - - 96 - !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !! !! !! !! !! !! !! !! !! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !! !! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!BROCK ROADCENTRAL STREETFRANKLIN STREETBARBER STREETLORN STREETWELLINGTON STREETLIVINGSTON STREETBARCLAY STREETJOSEPH STREET 1:2,500 SCALE: Engineering Services Department Barber Street Location MapSep. 15, 2020 DATE: q Claremont SUBJECT AREA Attachment # 3 to Report # ENG 08-20 - 97 - Report to Council Report Number: HUR 03-20 Date: September 28, 2020 From: Jennifer Eddy Director, Human Resources Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference -File: A-1440 Recommendation: 1.That Report HUR 03-20, regarding a Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference, be received; 2.That the draft By-law, defining the duties of the CAO, included as Attachment #1 to HUR 03- 20, be enacted; 3.That an Ad Hoc, Chief Administrative Officer (CAO) Recruitment Committee, be established and comprised of the Mayor, two Members of Council selected by the Mayor, the Director, Human Resources, the City Clerk and an external executive recruiter; 4.That the draft Terms of Reference for the CAO Recruitment Committee, included as Attachment #2 to HUR 03-20, be approved; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The positon of CAO for the City of Pickering is currently vacant and staff were directed, at an in-camera meeting of Council, held on May 28, 2020, to report back to Council with a comprehensive review and update of the current CAO By-law 682/77, as amended. Additionally, staff were directed to report back on the recruitment process to hire a new CAO, including the striking of a Recruitment Committee and engagement of an external executive recruiter. The report was directed to come before Council for their consideration at the September 28, 2020 Council Meeting. This report is seeking Council’s approval of the updated CAO By-law, which will form the basis for the job posting, and establishment of a Recruitment Committee as well as Terms of Reference for the same. The proposed target date to have a new CAO appointed is January 1, 2021. Financial Implications: The cost to engage an external search firm to conduct the recruitment for a new CAO would be approximately $24,000 (plus $3,500 per candidate for psychometric testing). The City’s Human Resources Department will work with the external executive recruiter and provide support as needed, however, most of the work will be coordinated and conducted by the recruiter. - 98 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 2 Discussion: Pickering City Council is effectively the Board of Directors for The Corporation of the City of Pickering (the “City”). The Chief Administrative Officer (CAO), is the top executive of the City who is responsible for exercising general control and management of the affairs of the municipality. The CAO is the conduit between Council and City Staff , and effectively carries out the duties and responsibilities contained in the CAO By-law. Staff were directed to review the existing 1977 CAO By-law, which aside from some minor amendments, has served to outline the duties of the CAO since its enactment. Due to the age of the by-law, it is necessary to update and modernize it for today’s practices. Research was conducted of several GTA municipalities and most CAO By-laws are consistent across municipalities. Some of the provisions of the existing by-law have been retained and reworded with updated language and some new provisions have been included for Council’s consideration. The draft By-law was also vetted by Ross Dunsmore, Dunsmore Law, and those suggested changes have been incorporated. The following provides the additions and/or high level changes that have been made, including notations, to provide the applicable corresponding section of the new draft By-law (Attachment #1) and explanatory notes. A copy of the existing 1977 By-law (By-law 682/77) is included as Attachment #3 for context: By-law Change Section of the New Draft By-law Notes/Comments Inclusion that the CAO reports directly to Council Section 1 Although understood, this was not explicitly stated in the 1977 By-law. Inclusion of the ability to assign a member of the Senior Management Team (SMT) to act in the CAO’s absence. Section 2.1 c) This is a practice that currently exists but has now been explicitly written into the By- law for clarity. Specific requirement that the CAO must recommend to Council, the appointment and discharge of those Statutory Officers listed in the By-law, before such action is taken. Section 2.2 b) The 1977 By-law includes that the CAO has full control and direction of all employees except for those appointed by statute. It also includes that the CAO recommends to Council the appointment, employment, suspension or dismissal of Department Heads. Department Heads meaning Directors under the City’s current organizational structure. - 99 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 3 As noted earlier in the report, the CAO is the top executive of the City and shall have full authority to recruit, hire, train, supervise, promote, transfer, demote, discipline and discharge employees in accordance with set policy. The updated by-law removes the need to recommend any such action to Council except when it comes to the hiring or discharge of one of the identified statutory officers listed in the new by-law. This clarification has been provided to give distinction to the fact that the CAO has control and direction over all staff, in accordance with set policies, and only the hiring or discharge of an identified statutory officer must be recommended to Council. Addition of wording to clarify that the recruitment, hiring, training, supervision, promotion, transfer, demotion, discipline and discharge of employees, is done in consultation with Human Resources and City Policies as approved by Council. Section 2.2 c) This wording was not as clearly stated in the existing by-law and has been added to provide clarity over this process. Removal of authority for the CAO to amend and modify the Benefits Policy and Leave Policy for Non-Union Employees. Section 2.2 e) The authority allowing the CAO to amend these specific policies was provided through an amendment to the 1977 By-law in May 2000. As that was 20 years ago, and all Policies are now approved through Council, this authority - 100 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 4 has been removed to keep with standard practices. The Non-Union Leave Policy and Benefits Policy were last updated in 2004 and 2001 respectively. Human Resources is currently updating and amalgamating these policies and will bring forward a comprehensive report and over-riding policy for Council’s approval that will encompass all terms and conditions of employment for non-union employees including benefits, leaves and salary administration, which will be utilized by the CAO when administering these matters. Removal of any monetary thresholds and general inclusion of controlling municipal purchasing in accordance with the City’s financial policies. Section 2.3 f) and g) Financial policies are in place to address these thresholds so there is no need to stipulate a specific monetary value. Inclusion of an annual performance review with Council. Section 3 Broad parameters have been included to provide the ability for Council to evaluate the CAO’s performance. This process will be defined by the Director, Human Resources and would be presented annually to Council at an in- camera meeting and would be in keeping with the City’s Policies and Procedures for non-union employees. Removal of any notice provisions by Council should they wish to meet to Sections 4 and 5 b) The removal of the notice provisions falls within our current operating structure and Procedure By-law which - 101 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 5 It is proposed that the new CAO By-law come into effect on January 1, 2021, and at that time, all current CAO By-laws would be repealed. Approval of the By-law now will allow the recruitment process to commence and will be used to form the basis of the job posting and will also maintain the current appointment of the Interim CAO under By-law 682/77. Once the new CAO has been confirmed, they will be formally appointed under the new By-law. In addition to the proposed draft CAO By-law, staff are providing an overview of the process to undertake the recruitment of a CAO and requesting Council’s approval of the establishm ent of a CAO Recruitment Committee. In accordance with the City’s Procedure By-law, Council may at any time, appoint an ad hoc Committee to enquire into, and report on, any matter and once the ad hoc Committee has competed its work, and made its report to Council, the Committee is deemed to be dissolved. The Committee’s mandate and responsibilities are included in the draft Terms of Reference (Attachment #2). The Committee is proposed to be comprised of the Mayor, 2 Members of Council selected by the Mayor, the Director, Human Resources, the City Clerk and an external executive recruiter. The role of the Committee, as outlined in the draft Terms of Reference, will be mainly to work with the executive recruiter, oversee the creation of a job posting and interview questions, as well as to conduct interviews and form a short-list of candidates, which will be provided in a report to Council who will ultimately decide on the appointment of the preferred candidate. As contemplated above, it is recommended that an external executive recruiter be retained to assist with the search. The benefits of engaging an external search firm to conduct the CAO recruitment include: - Extensive experience in hiring top level executives; - Finding and recruiting candidates who might not necessarily be actively looking for a job by connecting with them through referrals, direct contact and using their database of candidates from past executive level recruitments; - Leading the process from the recruitment phase up to and including negot iating with the successful candidate; and, - Providing a recruitment guarantee that the successful individual will remain in the CAO position for a one or two year time frame depending on the search firm. Accordingly, Human Resources staff undertook a review of external executive search agencies and obtained three quotes. In accordance with the City’s Purchasing Policy, the total cost fall s discuss the appointment or dismissal of the CAO. allows Council the ability to meet, through the calling of a special meeting, for any matters including personnel matters about an identifiable individual, without the need to give prior notice. Notice of such meeting is provided through the meeting agenda. - 102 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 6 within an amount that may be approved by the Director, Human Resources, and a competitive process was not required. The three quotes received were from: Company Name Western Management Consultants of Ontario (WMC) Legacy Partners Executive Search Odgers Berndtson Contact David Howes Kartik Kumar Margaret Campbell Recent Searches CAO Search Ajax Clarington Whitchurch- Stouffville Other Searches Commissioner- Brampton Vaughan Director- Toronto Vaughan Solicitor- Markham CAO Search Uxbridge Cobourg Waterloo Cambridge Scugog Niagara on the Lake Kingston Burlington Cambridge St. Catharines Whitby library CEO Ajax library CEO Other Searches Directors for Ajax Directors for Oshawa CAO Search Durham Region Barrie Calgary Kitchener Peterborough London Lethbridge Renfrew Brock (underway) Muskoka (underway) Calgary Hamilton Oakville Ottawa Mississauga York Region Cost $32,000 $24,000 $32,000 Guarantee 1 year 2 years 18 months After a thorough comparison of these agencies, Legacy has been selected as the preferred Recruiter as they have over 50 years of successful searches in Municipal and Broader Public sectors. They offer a two year, two-way guarantee that ensures that the City can replace the successful candidate, at no additional cost if the employment is terminated for any reason. They employ a six phase search methodology which is systematic and measurable which includes the following phases: 1.Exploring the Organization and the Role: determine the key competencies and leadership capabilities required for the role of CAO to establish the performance success criteria, education and qualifications and the personal attributes of the ideal candidate. This would be accomplished through the development of a stakeholder engagement strategy and a communications strategy which will involve interviews with all Members of Council and other internal and external stakeholders as identified by the Recruitment Committee. - 103 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 7 2. Creating the Position Profile and Sourcing Potential Candidates: This profile will reflect the requisites of a successful candidate and will be confirmed by the Recruitment Committee and Legacy Executive Search Partner. Direct sourcing of candidates would then occur utilizing existing contacts and external postings. 3. Screening and Assessing Candidates: Potential candidates would be vetted by Legacy using a competency matrix which was agreed to in phase one. A long list of candidates (approximately 6 – 8 qualified candidates) would then be presented to the Recruitment Committee for consideration. 4. Preparing for Interviews and Presenting Candidates: the Recruitment Committee will be presented with a report detailing the curriculum vitae of each recommended can didate and the particulars of the interview process will be finalized. 5. Interviewing and Selecting from Candidates: Legacy will prepare interview questions and schedule and attend each interview. The Recruitment Committee will conduct the interviews and maintain a comprehensive record of the content of each interview. During this phase the candidates will be ranked and Legacy will conduct a detailed reference check as well as academic and professional credential verification of the preferred candidate(s). Psychometric testing of the top candidate(s) may be completed at this time. The ranked short list, of not more than 3 candidates, including the preferred candidate, will be presented to Council who will then select the successful candidate for appointment. 6. Presenting the Offer and Facilitating Transition: Once the successful candidate is selected, Legacy will assist with the creation of an employment offer and negotiation of the terms of employment. They will continue to provide onboarding support during the first 12 months to ensure the successful applicant is validated for both the City and the candidate. This process will take approximately 12 weeks, and will require weekly/biweekly interaction with the Recruitment Committee which will optimize effectiveness, identify deliverables and ensure timely delivery. This report serves to provide Council with an updated CAO By-law and an overview of the process for the recruitment of a Chief Administrative Officer. Staff are seeking approval of the By-law, Recruitment Committee and associated Terms of Reference to enable the recruitment process to commence. Attachments: 1. Draft CAO By-law 2. CAO Recruitment Committee Draft Terms of Reference 3. By-law 682/77 – Current CAO By-law - 104 - HUR 03-20 September 28, 2020 Subject: Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Page 8 Prepared By: Prepared By: Jennifer Eddy Susan Cassel Director, Human Resources City Clerk Approved/Endorsed By: Jennifer Eddy Director, Human Resources JE:sc Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: Original Signed By: - 105 - The Corporation of the City of Pickering By-law No. 7780/20 Being a by-law to describe the duties and responsibilities of the Chief Administrative Officer and set out certain conditions of employment Whereas Section 229 of the Municipal Act, 2001, as amended, provides that a municipality may appoint a Chief Administrative Officer who shall be responsible for (a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and (b) performing such other duties as are assigned by the municipality; Now therefore, the Council of the Corporation of the City of Pickering herby enacts the following: 1.There is hereby established the position of Chief Administrative Officer (CAO) who shall report directly to Council, be accountable to, and receive authority from Council, and perform their duties in conformity with Council decisions . This person shall be employed to perform the duties and responsibilities set out below. 2.The CAO shall, in accordance with section 229 of the Municipal Act, 2001, as amended from time to time, be responsible for the sound financial and day to day management of the Corporation and the implementation of the policies determined from time to time by Council incuding but not limited to the following: 2.1 Management a)Manage and administer the business of the Corporation in accordance with the by-laws, policies, resolutions and plans approved by Council; b)Oversee and coordinate the implementation of all municipal programs, policies and plans approved by Council; c)Delegate appropriate duties and responsibilities to the Senior Management Team (SMT) for efficient and effective management and administration of the business of the Corporation including the ability to assign a member of SMT to act in the CAO’s absence; d)Lead, direct and coordinate the Senior Management Team in the management and administration of the business of the Corporation; e)Monitor and ensure the adequacy of the Corporation’s organization and structure to deliver all programs, policies and plans approved by Council effectively and efficiently; - 106 - f)Lead, direct and coordinate all the Corporation’s Departments in the pursuit of enhanced cost-effective delivery of both services to the public and the management and administration of the business of the Corporation; g)Act as required under the Corporation’s Emergency Management Plan; and, h)Represent the interests of the Corporation on federal, provincial, regional and local municipal intergovernmental issues and with boards, agencies and commissions at the management and administrative level. 2.2 Human Resources Be responsible for the recruitment, hiring, training, supervision, promotion, transfer, demotion, discipline and discharge of all employees of the Corporation subject to the conditions below: a)The CAO shall not act in a manner that conflicts with the statutory duties of the employees who are appointed under any statute being the Chief Building Official (CBO), City Clerk, Fire Chief and the Treasurer; b)The CAO may only recommend to Council respecting matters related to the appointment or discharge of those Statutory Officers listed in section 2.2 a); c)The CAO shall consult with Human Resources, act in accordance with applicable Human Resource policies and procedures, contracts of employment and collective agreements, and follow lines of authority as defined in the organizational structure ; d)Direct collective bargaining with all unionized Municipal employees including the mandate process, and upon approval by Council of such agreements, administer them in consultation with Human Resources, including being responsible for all wage, salary, benefits and leaves administration subject to normal grievance procedures; and, e)Administer the terms and conditions of employment of the Non - Union Employee group including all wage, salary, benefits and leaves administration in accordance with applicable Human Resources policies and procedures and contracts of employment. 2.3 Financial Management a)With the assistance of the Treasurer and the Senior Management Team, supervise the preparation and submission to Council of the annual current operating budget for approval, together with such analysis and recommendations with respect to the exp enditures, revenues, and reserves which are necessary for the sound financial management of the Corporation; By-law No. 7780/20 Page 2 - 107 - b)With the assistance of the Treasurer and the Senior Management Team, supervise the preparation and submission to Council of the annual capital budget together with a multi-year forecast of the Corporation’s capital requirements, for approval, together with such analysis and recommendations which are necessary for the sound financial management of the Corporation’s current and future capital assets; c)Exercise and maintain sound financial management over the Corporation, including effectively monitoring the annual estimates of revenues and expenditures as approved by Council and complying with the current operating and capital budgets of the Corporation; d)Ensure, with the assistance of the Treasurer, that all statutory financial actions comply with the Municipal Act, 2001, as amended, and accounting standards; e)Supervise the performance of all contracts or agreements entered into by the Corporation as approved by Council and ensure that all conditions related thereto have been fulfilled in accordance with the provisions of such contracts or agreements; f)Supervise all Municipal purchasing, by overseeing the establishment and enforcement of policies and procedu res for the procurement of goods and services by the Corporation; g)Manage all Municipal purchasing by entering into contracts involving approved expenditures in accordance with the financial policies approved by Council; and, h)Exercise effective financial control of all Departments, with the assistance of the Treasurer and members of the Senior Management Team. 2.4 Planning & Administration Be responsible for research, analysis, and recommendations to Council respecting appropriate policy matters for their consideration and action including: a)Providing information and advice, in consultation with the Senior Management Team, as required, to Council to support decision making and by-law approval; b)Developing long and short-range plans to achieve established priorities, goals and objectives, and recommending to Council services and programs to support the policies and plans of Council, and; c)Compiling, considering, and presenting to Council recommendations arising from departmental operations which require Council’s approval and proposing by-laws or resolutions arising from such recommendations. By-law No. 7780/20 Page 3 - 108 - 2.5 Communication Be responsible to inform Council appropriately, from time to time, so it may assess the manner in which the policies of Council are being implemented and the Corporation is being managed including: a)Coordinating and facilitating the flow of information between the administration and Council, including the development of an effective format and mode of presentation with respect to reports and other communications provided to Council for consideration; b)Keeping Council informed by verbal and written reports, and statements, of progress and accomplishments in the implementation of the policies and plans approved by Council, the status of revenues and expenditures, and the exercise of financial and administrative control; c)Attending meetings of Council and Standing Committees of Council, and participating in the discussion for the purposes of clarifying or providing information on any matter being considered by Council; and, d)Performing any additional responsibilities and exercising the powers incidental thereto which may, from time to time, be assigned to the CAO by Council. 3.Evaluation of Performance: The CAO shall meet with Council at least once during each 12 month period of the CAO’s emloyment, for the purpose of reviewing the CAO’s performance. 4.Termination: A decision to terminate the CAO shall be done by resolution which must be passed by at least two-thirds of the Councillors present and voting at a meeting of Council. 5.General: a)The duties and responsibilities as set forth above, shall not be deemed to empower the CAO, to have the authority to perform any act that would to any extent whatsoever, encroach upon the statutory authority or legislative powers of Council; and, b)Council shall appoint by by-law, such person as it may deem most suitable to be employed to carry out the duties and responsibilities of the CAO. This shall be done by a simple majority of the members of Council present and voting at a meeting of Council. By-law No. 7780/20 Page 4 - 109 - This By-law shall come into force and effect on January 1, 2021 at which time By-law numbers 682/77, 817/78, 4950/97, 5423/98, 5668/00 and 7083/10 are hereby repealed. By-law passed this 28th day of September, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk By-law No. 7780/20 Page 5 - 110 - Draft Terms of Reference Chief Administrative Officer (CAO) Recruitment Committee 1. Mandate 1.1 The CAO Recruitment Committee (the Committee) is an Ad Hoc Committee as defined under the City’s Procedure By-law. 1.2 The mandate of the Committee is to oversee the process undertaken by the external Executive Recruiter (the Recruiter) and the Director, Human Resources, in relation to the recruitment of a CAO and to ensure that the appropriate measures are taken to consider applications, conduct interviews and recommend a short-list of qualified candidates to Council for selection and appointment of the appropriate candidate. 1.3 The final decision on all matters related to CAO selection and appointment rests with City of Pickering Council. 2. Goals, Objectives and Responsibilities 2.1 The Recruiter will develop a candidate profile with input from the Committee as well as other stakeholders as necessary. 2.2 The Recruiter will develop a position profile which will contemplate their understanding of the successful candidate profile and their environment. This will be approved by the Committee and the position will be posted externally and internally concurrently. 2.3 The Recruiter will identify potential candidates by utilizing existing contacts and external web based postings. They will personally interview the candidates and provide the Committee with a long list of vetted candidates. From this list, the Committee will select a shorter list of candidates they wish to invite for an interview. 2.4 The Recruiter will develop interview questions and will schedule and attend the interview(s). 2.5 The Recruiter will conduct a detailed reference check of the Committee’s preferred candidate(s) as well as academic and professional credential verification. 2.6 The Committee will take detailed notes during the interview process and will present their findings to Council in a staff report which will include the ranking of the top candidates (no more than 3) and the particulars provided by the Recruiter from the reference and credential verification. 2.7 Psychometric testing of the top candidate(s) may be completed at this time if deemed necessary by the Committee. 2.8 Upon considering the staff report and the short list of candidates interviewed by the Committee, Council will endorse a preferred candidate for appointment as CAO. - 111 - 2.9 The Recruiter will assist with the creation of an employment offer and negotiation of the terms of employment. 2.10 The Recruiter will continue to provide onboarding support during the first 12 months to ensure the successful applicant is validated for both the City and the candidate. 2.11 The anticipated start date of the position is January 1, 2021. 3. Composition 3.1 The Committee will be comprised of the Mayor, two (2) Members of Council selected by the Mayor, Director, Human Resources, City Clerk and an external executive recruiter. 3.2 The Mayor shall Chair all CAO Recruitment Committee Meetings. 3.3 The CAO Recruitment Committee shall be considered dissolved upon such time that a CAO has been hired in keeping with the provisions of an ad hoc committee under the City’s Procedure By-law. 4. Meeting Schedule 4.1 The Recruitment Committee shall meet as needed and may meet in- person or through a virtual meeting platform in accordance with the City’s Procedure By-law. 4.2 As Ad Hoc Committees are recognized under the City’s Procedure By-law, meetings shall be in accordance with such Procedures including the provision of notice through an agenda and the posting of minutes. 4.3 Given the nature of these meetings, and the confidentiality of the recruitment process, parts of the meetings will be held in closed session in accordance with the provisions of the Municipal Act. 4.4 Human Resources and the City Clerk’s Office will provide assistance and support to the Committee, as required. - 112 - THE CORPORATION OF THE TOM OF PICKERING FAY-LAW WU-CBE;R ? S, L"A By-law of tke Corporation of the Town of Pickering to define and determine the duties and responsibilities of the Town Manager WHEREAS it is deemed expedient and desirable to establish the position of Town Manager and to define, and determine the duties and responsibilities thereof;NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING ENACTS AS FOLLOWS:1. That there is hereby established the position of Town Manager.2. The Town manager shall be the chief administrative office of the Corporation and ; responsible only to the Council.3. The duties and responsbilities of the Town Manager shall be as follows:a) Manage and administer the business affairs of the Corooration,in accordance with the policies and plans approved and established by the Council.b) Co-ordinate and direct the preparation of plans and programs to be submitted to the Council for the construction, maintenance and rehabilitation of Corporate property and facilities.c) Co-ordinate and direct the preparation of plans and programs to be submitted to the Council for the development and improvement of Municipal services.d) Co-ordinate, direct and generally supervise the implementation - 113 - a e) Compile, consider, and present to the Council recommendations arising from departmental operations which require Council's approval and to propose legislation or resolutions arising from such recommendations. f) Direct the preparation and compilation of, and present to the Council, the annual budgets, estimates of revenues and expenditures, and other financial projections. g) Exercise general financial control over the departments in terms of approved appropriations. h) Control all municipal purchasing, with authority to enter into contracts involving approved expenditures not exceeding $2,000.00. i) Submit all accounts, to a following meeting of the Executive Committee of Council, in statement form, for approval before payment is made, and after approval given, prepare,, sign and issue cheques on approved accounts, j`) Direct collective bargaining with all Municipal employees, and upon approval of Council of all agreements, administer such agreements, and in general be responsible for all wage and salary administration subject to normal grievance procedures. k) Have full control and direction of all employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. 1) (i) Have authority to recommend to Council the appointment, employment, suspension or dismissal of Department Heads. ii) Have authority to appoint, employ, promote, transfer:. suspend or dismiss employees not covered by collective bargaining agreements. iii) Have authority to appoint and employ all other employees of the Corporation in accordance with procedures laid: down in collective bargaining agreements, and to dismiss or suspend such employees for cause.- 114 - m) Keep Council informed by verbal and written reports, and statements, at least monthly, of progress and accomplishments in programs and projects, the status of revenues and expenditures, and his exercise of financial and administrative control. n) Without limiting the foregoing, perform the duties and exercise the powers which, from time to time may lawfully be assigned to him by the Council. o) Meet with Departmental Heads regularly to discuss matters of €.orporation business and co-ordinate all departmental activities.p) Attend Council and Committee meetings with the right, with the consent of the Chair, to speak, but not to vote thereat.PROVIDED HOWEVER, that the said duties and responsibilities as set forth above, shall in nowise be deemed to empower the said Manager, to have, perform, do or direct any act of matter that would to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council.4. That the Council is hereby authorized and empowered to appoint by by-law, such person as it may deem most suitable for the purpose of the carrying out of, said duties and responsibilities, by a simple majority of the members of Council present and voting at a meeting of Council duly called after at least one week's written notice has been given at a previous meeting of Cour_cil.5. That the Town Manager shall not be dismissed except by a by-law passed by a two- thirds vote of the Council present and voting at a meeting called with two weeks notice of motion given at a - 115 - 4 6, This by-law shall come into farce and tae effect on the First day of August 1977.7. By-law N=ber 224/75 is hereby repealed.By-law read a first, second and third time and PASSED in amen 11 Council this _ clay of 1977.TOWN OF PICKERING;RECORDED VOTE I:Y?A NAY ANnERSON J.er KITCHEN D. MATHESON Ki ntJERfiSON A.: CANILL Z rISHER - 116 - Report to Council Report Number: LEG 09-20 Date: September 28, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Indemnification Agreements - Construction of Median on Brock Road, Duffin Heights - File: L-4100-002-20 Recommendation: 1. That the attached Indemnification Agreement between Duffin’s Point Inc., The Corporation of the City of Pickering, and The Regional Municipality of Durham be approved (Attachment No. 1 to this Report); 2. That the attached Indemnification Agreement between Duffin’s Point Inc. and The Corporation of the City of Pickering be approved (Attachment No. 2 to this Report); 3. That the Mayor and City Clerk be authorized to execute said Indemnification Agreement s, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Attachment No. 3 is a Location Map showing Brock Road between Palmer’s Sawmill Road and Third Concession Road. The Region of Durham has determined that current traffic flow does not justify construction of an extension of the existing median. Duffin’s Point Inc. is developing the adjacent property at 2460 Br ock Road, and has offered to construct the median extension at its own expense. The Region will allow this, provided that the City indemnifies the Region in respect of liabilities that may arise from the extension of the median. Duffins Point Inc. is willing to indemnify the City in turn, so that the City is not responsible for any such liabilities. The attached indemnification Agreements will enable construction of the median extension while protecting the City from any liabilities arising therefrom. Financial Implications: There are no direct financial obligations arising from this Report. Under the terms of the Regional Indemnification Agreement, the City agrees to indemnify the Region of Durham in respect of any liabilities associated with the construction of the extension of the median. Under the terms of the City Indemnification Agreement, Duffin’s Point Inc. agrees to completely cover any liability to which the City may be exposed under the Regional Indemnification Agreement. - 117 - LEG 09-20 September 28, 2020 Subject: Construction of Median on Brock Road, Duffin Heights Page 2 Discussion: Attachment No. 3 is a Location Map showing Brock Road between Palmer’s Sawmill Road and Third Concession Road. The Region of Durham has determined that current traffic flow does not justify construction of an extension of the existing median. Duffin’s Point Inc. is developing a commercial development on Brock Road within the vicinity of this location, being 2460 Brock Road. Duffin’s Point Inc. has requested a right in and right out access point on Brock Road which is supported by City staff on the basis that it will enhance safety by managing traffic flow on Brock Road. To facilitate this request, the Region of Durham requires that a median be extended in front of 2460 Brock Road 25 metres beyond the proposed right in and right out access to ensure safe operations at that location. Duffin’s Point Inc. has agreed to construct at its own cost the extension of the median for the Region of Durham. The location of the median extension is identified in the Attachment No. 3. The median extension will be built by Duffin’s Point Inc. pursuant to the terms of an Indemnification Agreement between Duffin’s Point Inc., The Corporation of the City of Pickering, and The Regional Municipality of Durham (the “Regional Indemnification Agreement”). The draft Regional Indemnification Agreement is Attachment No. 1 to this Report. The Region will not allow the median to be extended without the Regional Indemnification Agreement. Under the terms of the Regional Indemnification Agreement, the City agrees to indemnify the Region of Durham in respect of any liabilities associated with the construction of the median extension. The City’s liability under the Regional Indemnification Agreement will then be passed on to Duffin’s Point Inc. pursuant to an Indemnification Agreement between Duff in’s Point Inc. and The Corporation of the City of Pickering (the “City Indemnification Agreement”). The draft City Indemnification Agreement is Attachment No. 2 to this Report. The Regional Indemnification Agreement and the City Indemnification Agreemen t have been negotiated by City staff to enable construction of the extension of the median. Both Indemnification Agreements are in acceptable form, and City staff recommend that they be approved by the City and executed, so that construction of the median can proceed. Attachments: 1.Draft Regional Indemnification Agreement. 2.Draft City Indemnification Agreement. 3.Location Map of the proposed median. Prepared By: Approved/Endorsed By: Candace Tashos, B.A. (Hons.), M.A., J.D. Paul Bigioni Assistant Solicitor Director, Corporate Services & City Solicitor Original Signed By:Original Signed By: - 118 - LEG 09-20 September 28, 2020 Subject: Construction of Median on Brock Road, Duffin Heights Page 3 CT:ks Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By: - 119 - INDEMNIFICATION AGREEMENT as Schedule “D” to Servicing Agreement between the Region of Durham and Duffin’s Point Inc. dated October 16, 2018 This Agreement dated June ___, 2020 is made B E T W E E N: DUFFIN’S POINT INC. (“Duffin’s Point”) -and- THE CORPORATION OF THE CITY OF PICKERING ( the "City“) -and - THE REGIONAL MUNICIPALITY OF DURHAM (the “Region”) RECITALS WHEREAS: (a)Duffin’s Point is developing a commercial development on Brock Road, in the City of Pickering at the municipal address located at 2460 Brock Road (the “Duffin’s Point Development”); (b)Duffin’s Point has requested a right in and right out access point on Brock Road which is supported by the City; (c)The Region requires that a median be extended in front of the Duffin’s Point Development 25 metres beyond the Duffin’s Point Development’s proposed right in and right out access to ensure safe operations at the location (the “Works”). Duffin’s Point will complete this construction for the Region through the existing servicing agreement with the Region, dated October 16, 2018 between the Region and Duffin’s Point; (d)The extension of the median on and around Brock Road and in the vicinity of the Duffin’s Point Development is being built pursuant to the terms of this Agreement at the request of the City; and (e)The City will indemnify the Region subject to the terms and conditions contained in this Agreement. NOW THEREFORE Duffin’s Point, the City and the Region agree as follows: Attachment 1 to Report LEG 09-20 - 120 - INTERPRETATION Definitions 1. In this Agreement and in the recitals above, (a) “Agreement” means this indemnification agreement; (b) “Duffin’s Point Development” means Duffin’s Point Development located at the municipal address known as 2460 Brock Road; in the City of Pickering, in the Regional Municipality of Durham; (c) “City” means The Corporation of the City of Pickering; (d) “Region” means The Regional Municipality of Durham acting as a body corporate and, where the context requires, includes all employees, officers, servants and agents of The Regional Municipality of Durh am. Schedules 2. The following Schedules are attached to and form part of this Agreement: Schedule A: Map of the proposed drawing of the Works to be constructed References 3. References in this Agreement to Sections and Schedules are to Sections and Schedules in this Agreement. Extended Meanings 4. This Agreement shall be read with all changes in gender or number as the context may require. Duffin’s Point to Construct the Works and their expense 5. Duffin’s Point shall construct the Works on behalf of the Region and shall also be responsible for all costs associated with the construction of the Works through the existing servicing agreement with the Region, dated October 16, 2018. Every provision of this Agreement by which Duffin’s Point is obligated in any way shall be deemed to include the words "Duffin’s Point constructing the Works at the expense of Duffin’s Point for the Region " unless the context otherwise requires. Indemnification 6. The City shall indemnify and save harmless the Region from all losses, damages, costs, expenses, claims, demands and actions of every nature and kind whatsoever including death or injury (collectively referred to as “losses”) arising from and that would be a consequence of entering into this Agreement and completing the proposed Works as defined in this Agreement, on the part of the Region and whether such losses are sustained by the Region, or their employees, workmen, servants, agents or councillors or any other person or corporation for the construction of the Works as defined in this Agreement, an exception to the indemnity being if any such losses, damages, costs, expenses, claims, demands and actions result from the Region’s negligence. - 121 - OTHER MATTERS Notices 7. (1)(a) Any notice to Duffin’s Point shall be in writing and shall be delivered to the following address: Attention: Michael Brown 9140 Leslie Street, suite 210 Richmond Hill, ON, L4B 0A9 Fax No.: 905-762-9202 Email: michael@oxnarddevelopments.com (1)(b) Any notice to the City shall be in writing and shall be delivered to the following address: One The Esplanade, Pickering, ON L1V 6K7 Attention: City Clerk Telephone: 905.420.4660 Fax No.: 905.420.9685 (1)(c) Any notice to the Region shall be in writing and shall be delivered to the following address: 605 Rossland Road East, Level 5, Whitby, ON L1N 6A3 Attention: Commissioner of Works Telephone: 905-668-77111 Fax No.: 905-668-7494 (2) Notice shall be sufficiently given if, (a) delivered in person; (b) sent by registered mail; or (c) sent by facsimile transmission during normal business hours on a business day. (3) Each notice sent shall be deemed to have been received, (a) on the day it was delivered; (b) on the third business day after it was mailed (excluding each business day during which there existed any general interrupt ion of postal services due to strike, lockout or other cause); or (c) on the same day that it was sent by facsimile transmission or on the first business day thereafter if the day on which it was sent by facsimile transmission was not a business day. (d) the owners may change its address for notice by giving notice to the Region’s Commissioner of Works in the manner provided in this Section. Successors and Assigns 8. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. Recitals 9. The Recitals contained in this agreement are true and correct and are legally binding and form a true part of this Agreement. - 122 - IN WITNESS WHEREOF the parties have executed this Agreement. DUFFIN’S POINT INC. 2020/ / Name: Title: 2020/ / Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF PICKERING. 2020/ / Kevin Ashe, Deputy Mayor 2020/ / Susan Cassel, City Clerk THE REGIONAL MUNICIPALITY OF DURHAM 2020/ / John Henry, Regional Chair and CEO 2020/ / Ralph Walton, Regional Clerk - 123 - Schedule A Map of Proposed Drawing of Works to be Constructed - 124 - 1 INDEMNIFICATION AGREEMENT This Agreement dated June ___, 2020 is made B E T W E E N: DUFFIN’S POINT INC. (“Duffin’s Point”) -and- THE CORPORATION OF THE CITY OF PICKERING (the "City“) RECITALS WHEREAS: (a)Duffin’s Point is developing a commercial development on Brock Road, in the City of Pickering at the municipal address located at 2460 Brock Road (the “Duffin’s Point Development”); (b)Duffin’s Point has agreed to complete construction of an extension of a median in front of the Duffin’s Point Development to facilitate right in and right out access at the location (the “Works”) in accordance with an Indemnification Agreement dated June ___, 2020 between the City, The Regional Municipal of Durham (the “Region”) and Duffin’s Point attached hereto as Schedule A (the “Regional Agreement”); and (c)Duffin’s Point will indemnify the City for exposure to cost consequences resulting from any claims the City may be exposed to by the Region arising from the Regional Agreement and the construction of the Works. NOW THEREFORE Duffin’s Point and the City agree as follows: INTERPRETATION Schedules 1.The following Schedules are attached to and form part of this Agreement: Schedule A: Regional Agreement. References 2.References in this Agreement to Sections and Schedules are to Sections and Schedules in this Agreement. Extended Meanings 3.This Agreement shall be read with all changes in gender or number as the context may require. Attachment 2 to Report LEG 09-20 - 125 - 2 Indemnification 4. Duffin’s Point shall indemnify and save harmless the City from all losses, damages, costs, liabilities, expenses, claims, demands and actions of every nature and kind whatsoever including death or injury (collectively referred to as “losses”) that the City may suffer, sustain, pay or incur by reason of any claim made against the City by the Region arising from the Regional Agreement and the construction of the Works, save and except any losses arising from: (a) any claim made against the City by any or all of Concetto Pistritto, Enrico Pistritto, Mario Pistritto, or Paolo Pistritto, for which the City is liable to the extent that such claim arises out of the Regional Agreement or the construction of the Works, and is not a result of the negligence of Duffin’s Point; and (b) the City’s negligence. OTHER MATTERS Notices 5. (1)(a) Any notice to Duffin’s Point shall be in writing and shall be delivered to the following address: Attention: Michael Brown Address: 9140 Leslie St., Suite 210, Richmond Hill, ON L4B 0A9 Fax No.: 905.762.9202 Email: michael@oxnarddevelopments.com (1)(b) Any notice to the City shall be in writing and shall be delivered to the following address: One The Esplanade, Pickering, ON L1V 6K7 Attention: City Clerk Telephone: 905.420.4660 Fax No.: 905.420.9685 (2) Notice shall be sufficiently given if, (a) delivered in person; (b) sent by registered mail; or (c) sent by facsimile transmission during normal business hours on a business day. (3) Each notice sent shall be deemed to have been received, (a) on the day it was delivered; (b) on the third business day after it was mailed (excluding each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or (c) on the same day that it was sent by facsimile transmission or on the first business day thereafter if the day on which it was sent by facsimile transmission was not a business day. (d) Duffin’s Point may change its address for notice by giving notice to the City in the manner provided in this Section. - 126 - 3 Successors and Assigns 6. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. Recitals 7. The Recitals contained in this agreement are true and correct and are legally binding and form a true part of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement. DUFFIN’S POINT INC. Name: Title: Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF PICKERING. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 127 - 4 Schedule A Regional Agreement [to be inserted] Formatted: Centered Formatted: Centered - 128 - ConacherCre sce ntM aple Hill C o urtFourSeasonsLaneTillings RoadThird Conc e ssi o n Ro a d Palmer's Sawmill Road Cl e a r si d e CourtRossland Road WBrockRoad 1:4,000 SCALE: © 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.; City Development Department Location Map Property Description:Part of Lot 19, Concession 3, Now Part 1 and 2, THIS IS NOT A PLAN OF SURVEY. Date: Sep. 17, 2020 2460 Brock Road 40R-28460 L:\PLANNING\01-MapFiles\Legal\2020\Duffins Point Developments.mxd Project Name:Duffin's Point Development 2460 Brock RoadInset Map See Inset MapRoad Median Extension E(2460 Brock Road) Scale 1:1,500 Attachment 3 to Report LEG 09-20 - 129 - Memo To: Mayor Ryan Members of Council September 28, 2020 From: Susan Cassel City Clerk Copy: Interim Chief Administrative Officer Subject: Amendment to Procedure By-law 7665/18 - Inclusion of an Indigenous Land Acknowledgment Statement at Meetings of Council File: A-1440 At its meeting held on July 27, 2020, through Council Resolution # 372/20, Council directed staff to bring forward an amendment to the Procedure By-law to include the ability to read an Indigenous Land Acknowledgment Statement at Council Meetings. As a result of that direction, the attached By-law is presented for Council’s consideration. Attachment: Draft By-law to Amend the Procedure By-law - 130 - The Corporation of the City of Pickering By-law No. 7781/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas on July 27, 2020, Pickering City Council adopted Resolution #372/20 directing that an amendment be made to the Procedure By-law to include the ability to read an Indigenous Land Acknowledgement Statement at Meetings of Council; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: That Sections 04.01 b) and 10.01 of Procedure By-law 7665/18, as amended, be repealed and replaced with the following and the remaining sections of the By-law be renumbered accordingly: 04.01 Inaugural Meeting b) The order of business for the first meeting of Council shall be as follows: (i) Call to Order (ii) Invocation (iii) Indigenous Land Acknowledgment Statement (iv) Swearing in ceremony (v) Inaugural address (vi) Adjournment. 10.01 The Order of Business for the regular Meetings of Council shall be as follows: a)Meeting Called To Order b)Invocation c)Indigenous Land Acknowledgment Statement d)Disclosures of Interest e)Adoption of Minutes f)Presentations g)Delegations h)Correspondence i)Committee Reports j)New and Unfinished Business k)Motions and Notices of Motion l)By-laws m)Confidential Council – Public Report n)Other Business - 131 - By-law No. 7781/20 Page 2 o) Confirmation By-law p) Adjournment By-law passed this 28th day of September, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 132 - PB:ca Attachments Location Map Draft By-law Memo To: Susan Cassel City Clerk September 22, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Manager, Development Services Subject: Request for Road Establishing By-law - Owner: M. Al-Hadeethi - LD 051/19 – LD 052/19 - Part Lot 59, RCP 1041, being Parts 4 & 5, 40R-30575 - Part of Block 21, 40M-2402, being Part 6, 40R-30575 - (Wingarden Crescent) File: Roadded.593/L4610-6-19 The Owners have applied to the Land Division Committee to sever Lot 59, RCP 1041 into three parcels creating two new development lots fronting onto Wingarden Crescent. Conditions of the severance included, (a) the conveyance, from the Owner to the City, of a road widening parcel across the frontage of Wingarden Crescent (Parts 4 and 5, Plan 40R-30575); and (b) establishing Parts 4 and 5, Plan 40R-30575 along with Part of Block 21, Plan 40M-2402 (Part 6, Plan 40R-30575) as public highway. Part of Block 21, Plan 40M-2402 is a reserve that was acquired by the City through the registration of Plan 40M-2402. This application requires that only a portion of this block fronting the newly created lots (being Part 6, Plan 40R-30575) be established as public highway. As the Owners have conveyed Parts 4 and 5, Plan 40R-30575 to the City, it is now appropriate to pass a by-law establishing Parts 4, 5 and 6, Plan 40R-30575 as public highway, providing legal road frontage to the newly created lots. Attached is a location map and a draft by-law for the consideration of City Council at its meeting scheduled for September 28, 2020. - 133 - Wingarden Crescent1:400 SCALE: © 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.; City Development Department Location Map File: Applicant: Property Description: ROADDED 593 City of Pickering Part of Lot 59, RCP 1041, being Parts 4, 5 and 6, 40R30575 THIS IS NOT A PLAN OF SURVEY. Date: Jun. 10, 2020EEPart 6 40R-30575 (Reserve) Part 5 40R-30575 Part 4 40R-30575 E- 134 - The Corporation of the City of Pickering By-law No.7782/20 Being a by-law to establish Part of Lot 59, RCP 1041, designated as Parts 4 and 5, 40R-30575 and Part of Block 21, 40M-2402, designated as Part 6, 40R-30575 as public highway. Whereas The Corporation of the City of Pickering is the owner of certain lands lying within Pickering 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 of Lot 59, RCP 1041, designated as Parts 4 and 5, 40R-30575 and Part of Block 21, 40M-2402, designated as Part 6, 40R-30575 is hereby established as public highway (Wingarden Crescent). By-law passed this 28th day of September, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 135 - PB:ca Attachments Location Map Draft By-law Memo To: Susan Cassel City Clerk September 22, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Manager, Development Services Subject: Request for Road Establishing By-law - Developer: 1133373 Ontario Inc. - Part 7, Plan 40R-29763 (Hibiscus Drive) - Part 17, Plan 40R-29763 (Delphinium Trail) - Part 22, Plan 40R-29763, and Blocks 192 and 193, 40M-2671 (Marathon Avenue) - Parts 1, 2, 3 and 5, Plan 40R-30725 (Aquarius Trail) File: 40M-2671/Roadded.585 Portions of Hibiscus Drive, Delphinium Trail and Marathon Avenue were dedicated through the registration of Plan 40M-2671 The City is the current owner of the remaining portions of Hibiscus Drive, Delphinium Trail and Marathon Avenue, being: 1. Part Lot 24, Con. 3, being Part 7, Plan 40R-29763 (Hibiscus Drive); 2. Part Lot 23, Con. 3, being Part 17, Plan 40R-29763 (Delphinium Trail); 3. Part Lot 23, Con. 3, being Part 22, Plan 40R-29763 (Marathon Avenue); and 4. Blocks 192 and 193, 40M-2671 (Marathon Avenue). It is recommended that Council enact the attached draft by-law establishing the above as public highways in order to complete Hibiscus Drive, Delphinium Trail and Marathon Avenue. The City is the current owner of Part of the Road Allowance between Lots 22 and 23, Concession 3, being Parts 1, 2, 3 and 5, Plan 40R-30725 which will form an extension of Aquarius Trail from the easterly limit of Plan 40M-2671 to Taunton Road West. As such, it is recommended that Council enact the attached by-law to establish Part of the Road Allowance between Lots 22 and 23, Concession 3, being Parts 1, 2, 3 and 5, Plan 40R-30725 as public highway (Aquarius Trail). Attached is a location map and a draft by-law for the consideration of City Council at its meeting scheduled for September 28, 2020. - 136 - Taunton Road Sideline 221:4,000 SCALE: © 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.; City Development Department Location Map File: Applicant: Property Description: ROADDED 585 City of Pickering Parts 7, 17 & 22, 40R-29736; Blocks 192 & 193, 40M2671; THIS IS NOT A PLAN OF SURVEY. Date: Aug. 28, 2020 Part 17 40R-29763 E EPart 5 40R-30725 Part 2 40R-30725 Part 1 40R-30725E Parts 1, 2, 3 & 5, 40R30725 Part 3 40R-30725 E E EBlock 192 40M2671 E Block 193 40M2671 E Part 7 40R-29763EINSET MAP 1 1:300Scale Part 22 40R-29763 EPart 2 40R-30725 Part 1 40R-30725 Part 22 40R-29763 EPart 17 40R-29763 Block 193 40M2671EINSET MAP 2 Scale 1:300 1 2 - 137 - The Corporation of the City of Pickering By-law No. 7783 /20 Being a by-law to establish certain roads within the City of Pickering, Regional Municipality of Durham as public highways. Whereas The Corporation of the City of Pickering is the owner of certain lands lying within Pickering, set out herein and wishes to establish them as public highways; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Part Lot 24, Concession 3, being Part 7, 40R-29763 is hereby established as public highway (Hibiscus Drive). 2.Part Lot 23, Concession 3, being Part 17, 40R-29763 is hereby established as public highway (Delphinium Trail). 3.Part Lot 23, Concession 3, being Part 22, 40R-29763, and Blocks 192 and 193, 40M-2671 are hereby established as public highway (Marathon Avenue). 4.Part of the Road Allowance between Lots 22 and 23, Concession 3, being Parts 1, 2, 3 and 5, 40R-30725 are hereby established as public highway (Aquarius Trail). By-law passed this 28th day of September, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 138 -