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HomeMy WebLinkAboutMarch 27, 2023 Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person, or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. 6:30 pm In Camera Council Page 1. Roll Call 2. Invocation Mayor Ashe will call the meeting to order and lead Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ashe will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Council Minutes, February 27, 2023 (Confidential In Camera Council Minutes, February 27, 2023, provided under separate cover) 1 Executive Committee Minutes, March 6, 2023 41 Planning & Development Committee Minutes, March 6, 2023 57 6. Presentations 6.1 Joyce Marshall (In Person) Re: Donation of Artifacts to Pickering Museum Village 7. Delegations Members of the public looking to provide a verbal delegation to Members of Council may do so either in person, or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Derek Eckensviller, Pickering Resident (In Person) Re: The City’s Use of Casino Revenues 7.2 Derek Eckensviller, Pickering Resident (In Person) Re: Concerns regarding Proposed Condominium Developments 8. Correspondence 8.1 Corr. 10-23 61 Mary Medeiros, Director, Legislative Services/City Clerk, City of Oshawa Re: Consulate General of Ukraine in Toronto Requesting Support for Ukraine’s Energy Infrastructure Recommendation: 1. That Corr. 10-23, from Mary Medeiros, Director, Legislative Services/City Clerk, City of Oshawa, dated March 7, 2023, regarding Consulate General of Ukraine in Toronto Requesting Support for Ukraine’s Energy Infrastructure, be received and endorsed; 2. That pre-budget approval be granted for this one-time funding od $10,000.00; and, 3. That Staff be directed to provide similar financial support on behalf of the City of Pickering. 8.2 Corr. 11-23 63 Stephen Blais, Member of Provincial Parliament, Orléans Re: Bill 5, Stopping Harassment and Abuse by Local Leaders Act Recommendation: That Corr. 11-23, from Stephen Blais, Member of Provincial Parliament, Orléans, dated March 20, 2023, regarding Bill 5, Stopping Harassment and Abuse by Local Leaders Act, be received and endorsed. Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 8.3 Corr. 12-23 65 The Association of Municipalities of Ontario (AMO) Re: Housing and Homelessness Update Recommendation: 1. That Corr. 12-23, from The Association of Municipalities of Ontario (AMO), dated March 20, 2023, regarding Housing and Homelessness Update be received, and, 2. That The Honourable Doug Ford, Premier of Ontario, be advised that the City of Pickering, at its meeting held on March 27, 2023 adopted the following: Whereas the homeless crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario; And Whereas the homelessness crisis is the result of the underinvestment and poor policy choices of successive provincial governments; And Whereas homelessness requires a range of housing, social service and health solutions from government; And Whereas homelessness is felt most at the level of local government and the residents that they serve; And Whereas municipalities and District Social Administration Boards are doing their part, but do not have the resources, capacity or tools to address this complex challenge; and, And Whereas leadership and urgent action is needed from the provincial government on an emergency basis to develop, resource, and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario. Now therefore be it resolved that The Corporation of the City of Pickering calls on the Provincial Government to urgently: Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca a. Acknowledge that homelessness in Ontario is a social, economic, and health crisis; b. Commit to ending homelessness in Ontario; and, c. Work with AMO and a broad range of community, health, Indigenous and economic partners to develop, resource, and implement an action plan to achieve this goal; and, 3. That a copy of this motion be sent to the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable Merrilee Fullerton, Minister of Children, Community and Social Services, the Honourable Sylvia Jones, Minister of Health, and the Association of Municipalities of Ontario. 8.4 Corr. 13-23 68 Shelley Brown, Acting Clerk, Legal and Legislative Services, Town of Essex Re: Tax Classification of Short-Term Rental Units Recommendation: 1. That Corr. 13-23, from Shelley Brown, Acting Clerk, Legal and Legislative Services, Town of Essex, dated March 17, 2023, regarding Tax Classification of Short-Term Rental Units, be received and endorsed; and, 2. That a copy of this resolution be sent to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, and the Honourable Peter Bethlenfalvy, Minister of Finance. 8.5 Corr. 14-23 70 Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering Re: Pickering Anti-Black Racism Taskforce - End of Term Recommendations - Covering Memorandum from City Staff Recommendation Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca That Corr. 14-23, from Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering, dated March 22, 2023, regarding Pickering Anti-Black Racism Taskforce - End of Term Recommendations - Covering Memorandum from City Staff, be received for information. 9. Report EC 03-23 of the Executive Committee held on March 6, 2023 Refer to Executive Committee Agenda pages: 9.1 Director, Corporate Services & City Solicitor, Report BYL 02-23 1 Waterfront Permit Parking Review Recommendation: 1. That Report BYL 02-23 regarding the Waterfront Permit Parking Review be received; 2. That the streets outlined on the attached map (Attachment 1) be approved as the waterfront permit parking area effective May 1, 2023, and that Traffic and Parking By-law 6604/05 be amended accordingly; 3. That the waterfront permit parking hourly rate be changed from $5.00 to $2.50 per hour, Monday to Friday, 9:00 am to 5:00 pm, and that General Municipal Fee By-law 6191/03 be amended accordingly; 4. That, in addition to the two hour free parking already allowed in the Liverpool Road lay-by spaces, two hour free parking be allowed Monday to Friday from 9:00 am to 5:00 pm within the waterfront permit parking area except for Beachpoint Promenade, Front Street and the municipally operated waterfront parking lots; 5. That Council direct staff to implement a free digital guest parking pass system for residents parking in the waterfront permit parking area; 6. That free resident waterfront parking permits issued after the date of this Report be valid for a period of two years; Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 7. That non-resident seniors, age 65 years and older, be permitted to park at no cost at the waterfront; 8. That Council direct staff to implement a physical free parking pass to be provided to resident seniors (age 65 years and older) who do not own or operate a vehicle, to allow them to be driven to the waterfront without incurring parking costs; 9. That pre-budget approval be provided in the amount of $15,000.00 plus applicable HST for the purchase and installation of a WiFi hub in each of the three municipally operated waterfront parking lots, to enable cellphone users without data plans to use the HotSpot Parking App to make parking payments, and this cost be included in the 2023 Budget for account 10425.502260.0000; 10. That pre-budget approval be provided in the amount of $17,000.00 plus applicable HST for the purchase and installation of additional signage, public engagement and communication campaign, programming costs, and for changes to the HotSpot App to implement the recommendations set out in this Report, and this cost be included in the 2023 Budget for account 10425.502260.0000; 11. That, as part of the public engagement and communication campaign, staff be directed to work with Nautical Village businesses to enable the businesses to assist their customers with registration for parking sessions; 12. That Council direct staff to conduct consultation with residents of Essa Crescent to determine if that street should be added to the waterfront permit parking area in the 2024 season and that staff report back to Council in Q1 2024; 13. That the draft amending By-laws (Attachments 2 and 3 to this Report) be enacted to give effect to Recommendations 3, 4, and 7 above; and, 14. That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to the recommendations in this report. Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 9.2 Director, Corporate Services & City Solicitor, Report BYL 04-23 23 Noise Control By-law Review and Update Recommendation: 1. That Report BYL 04-23 regarding the Noise Control By-law review and update be received; 2. That staff be directed to proceed with public consultation to obtain feedback from residents regarding the City’s Noise Control By-law 6834/08 and the changes to it that are proposed in this Report; 3. That staff be directed to report back to Council in October, 2023 with the results of the public consultation and a draft new Noise Control By-law for Council’s consideration; 4. That notwithstanding Recommendation Item 3, that staff also report back to the May 1, 2023 Executive Committee Meeting with recommendations regarding short term enhancements to the Nuisance and Noise Control By-laws to address nuisance issues encountered in the City; and, 5. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. 9.3 Director, Engineering Services, Report ENG 02-23 35 Municipal Bridge Maximum Gross Vehicle Weight Restrictions - By-law to establish load limits for certain bridges under the jurisdiction of the City of Pickering Recommendation: 1. That the attached draft By-law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of The Corporation of the City of Pickering be enacted; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 9.4 Director, Finance & Treasurer, Report FIN 04-23 51 Statement of the Treasurer Respecting 2022 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Recommendation: It is recommended that Report FIN 04-23 regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2022 be received for information. 9.5 Fire Chief, Report FIR 01-23 62 Supply and Delivery of a Fire Pumper Rescue Replacement Proposal No. RFP2022-7 Recommendation: 1. That RFP No. RFP2022-7 submitted by Dependable Truck & Tank Limited for the supply and delivery of a Fire Pumper Rescue Apparatus in the amount of $1,262,486.00 plus HST be accepted; 2. That the total gross project cost of $1,550,909.00 (HST included) and the total net project cost of $1,396,642.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $1,396,642.00 as follows: a) the sum of $1,200,000.00 from the previously approved 2022 Capital Budget be increased to $1,390,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 15 years; b) the sum of $6,642.00 be funded from property taxes; c) the annual debenture repayment charges in the amount of approximately $156,493.00 be included in the annual Current Budget for the City of Pickering commencing 2023, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid; Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca d) 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 draft By-law attached to this report be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.6 Director, Operations, Report OPS 04-23 71 Residential Sidewalk and Driveway Windrow Snow Clearing Review Recommendation: That Report OPS 04-23 regarding Residential Sidewalk and Driveway Windrow Snow Clearing Review be received for information. 9.7 Director, Operations, Report OPS 05-23 100 Quotation No. Q2022-35 - Supply and Delivery of Three ¾ Dump Trucks with Up-fitting Recommendation: 1. That Quotation No. Q2022-35 submitted by East Court Ford Lincoln, in the amount of $286,765.00 (HST excluded) be accepted; 2. That the total gross project cost of $324,044.54 (HST included), and the total net project cost of $291,812.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $291,812.00, the sum of $245,000.00 to be funded from the Vehicle Replacements Reserve as approved in the 2021 and 2022 Capital Budgets be increased to $291,812.00; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.8 Director, Operations, Report OPS 06-23 105 Supply & Delivery of Five 1 Ton Trucks Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca - Quotation No. Q2022-34 Recommendation: 1. That Quotation No. Q2022-34 submitted by Blue Mountain Chrysler Ltd. in the amount of $555,397.00 (HST excluded) be accepted; 2. That the total gross project cost of $627,598.61 (HST included) and the total net project cost of $565,172.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $565,172.00 as follows: a) The sum of $240,000.00 to be funded from DC - Other Services related to a Highway as approved in the 2021 Capital Budget be increased to $273,142.00; b) The sum of $230,000.00 to be funded from Vehicle Replacement Reserve Fund as approved in the 2021 Capital Budget be increased to $292,030.00; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 9.9 Director, Operations, Report OPS 07-23 111 Request to Single Source One 1 Ton Truck with Service Body Replacement Recommendation: 1. That, in accordance with Section 09.03 (g) of the Purchasing Policy wherein The Manager is authorized to make single or sole source purchases without competitive bids and enter into a contract if due to market conditions or unexpected circumstances, required goods or services are in short supply, the purchase of One 1 Ton Truck with Service Body Replacement for unit #795 (2014 Ford) submitted by Paramount Truck Sales in the amount of $177,300.00 (HST excluded), be accepted; Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the total gross quotation cost of $200,349.00 (HST included), and the total net project cost of $180,420.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $180,420.00, as provided for in the 2021 and 2022 Capital Budgets as follows: a) The sum of $175,000.00 to be funded from the Vehicle Replacement Reserve as approved in the 2021 and 2022 Capital Budgets be increased to $180,420.00; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 9.10 Director, City Development & CBO, Report PLN 07-23 116 Corporate GIS Strategic Plan Recommendation: 1. That the Corporate Geographic Information System (GIS) Strategic Plan prepared by Geographic Technologies Group (GTG) dated December 7, 2022, and provided as Appendix I to Report PLN 07- 23, be endorsed in principle; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.11 Director, City Development & CBO, Report SUS 02-23 159 City of Pickering Environmental Schools Grant - Results of the 2022 Funding Recommendation: That Report SUS 02-23 regarding the City of Pickering Environmental Schools Grant be received for information. 9.12 Director, City Development & CBO, Report SUS 03-23 174 Re-examination of Diabetes Canada Textile Drop Box Initiative - Council Resolution #223/20 Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That Report SUS 03-23 regarding the Diabetes Canada Textile Drop Box Initiative be received; 2. That the City of Pickering does enter into a partnership agreement with Diabetes Canada for a Textile Drop Box Initiative and that staff be directed to draft a partnership agreement for Council’s consideration that includes: i. a one-year pilot project whereby Diabetes Canada Textile Drop Boxes will be installed on the following three City of Pickering properties: i) the southeast corner of the South Esplanade municipal parking lot; ii) the southwest side of the gravel arena parking lot at Chestnut Hill Developments Recreation Complex; and iii) Dunmoore Park; and, ii. that staff be directed to report back to Council in Q2 2024 with results of the pilot project and provide recommendations for next steps; 3. That staff be directed to develop and implement a community education and outreach program pertaining to textile diversion within the City of Pickering; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10. Report PD 03-23 of the Planning & Development Committee held on March 6, 2023 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 05-23 1 Zoning By-law Amendment Application A 10/22 City Initiated 2570 Tillings Road Recommendation: That Zoning By-law Amendment Application A 10/22, initiated by the City of Pickering, to rezone the lands at 2570 Tillings Road to permit a public Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca elementary school and a public park, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 05-23, be finalized and forwarded to Council for enactment. 10.2 Director, City Development & CBO, Report PLN 06-23 19 Official Plan Amendment OPA 20-008/P Zoning By-law Amendment Application A 13/20 Brock and Kingston Holdings Inc. 1970 Brock Road Recommendation: 1. That Official Plan Amendment Application OPA 20-008/P, submitted by Brock and Kingston Holdings Inc., to add a site-specific policy for the lands located at the northwest corner of Brock Road and Kingston Road, to permit a minimum net residential density of over 80 units per hectare and no maximum density, and increase the maximum permitted Floor Space Index (FSI) to 4.4 to facilitate a high-density, mixed-use development, be approved, and that the draft by-law to adopt Amendment 47 to the Pickering Official Plan, as set out in Appendix I to Report PLN 06-23, be finalized and forwarded to Council for enactment; and, 2. That Zoning By-law Amendment Application A 13/20, submitted by Brock and Kingston Holdings Inc., to permit a high-density, mixed- use development consisting of a 30 and 12-storey building connected by a 6-storey podium containing a total of 623 residential units; 52, 4-storey stacked townhouse units, and approximately 1,800 square metres of commercial space at grade, located at the northwest corner of Brock Road and Kingston Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 06-23, be finalized and forwarded to Council for enactment. 11. Reports – New and Unfinished Business 11.1 Director, Finance & Treasurer, Report FIN 07-23 79 2021 Year End Audit and Financial Statements (Final) Staff/Consultant Delegation Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Lilian Cheung, Partner, Deloitte (In Person) Recommendation: 1.That the Report on the results of the 2021 Audit as submitted by Deloitte LLP be received for information; 2.That the 2021 draft Audited Consolidated Financial Statements for the City of Pickering be approved; and, 3.That Deloitte LLP be reappointed to provide external auditing services to the City of Pickering for a three year term. 11.2 Director, Corporate Services & City Solicitor, Report CLK 04-23 136 Establishment and Implementation of a Lobbyist Registry Staff/Consultant Delegation Jeff Abrams, Co-Principal, Principles Integrity (Virtual – for questions if needed) Recommendation: 1.That Report CLK 04-23 regarding the establishment and implementation of a Lobbyist Registry by received; 2.That the draft By-law, included as Attachment #1 to CLK 04-23, be approved and enacted to implement a Lobbyist Registry; 3.That approval be granted to enter into a Single Source agreement with J-SAS Inc., operating as Lobby Registry, for services and software, to implement an on-line registry system in the amount of $5,000.00 (plus HST), and that such funds be included in the 2023 Budget for this purpose; 4.That the City Clerk be authorized to create forms and establish such procedures as are necessary pertaining to the maintenance and enforcement of the Lobbyist Registry, including a mechanism and framework for complaint protocols; and, Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 5.That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to the recommendations in this Report. 11.3 Chief Administrative Officer, Report CAO 06-23 160 Municipal Accommodation Tax Program Recommendation: 1.That Council approves, in principle, the inclusion of the Municipal Accommodation Tax Program for the 2023 Budget for financial planning purposes; 2.That the appropriate City of Pickering staff report back to Council with a proposed Municipal Accommodation Tax implementation plan and associated By-law; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.4 Director, Corporate Services & City Solicitor, Report CLK 03-23 164 Committees and Taskforces of Council -ADM 040 Policy Update -Terms of Reference Updates Recommendation: 1.That Report CLK 03-23 pertaining to Committees and Taskforces of Council be received; 2.That amendments to Policy ADM 040, included as Attachment #1 to CLK 03-23, be approved; 3.That the Site Plan Advisory Committee be remodeled and named the “Site Plan Review Panel” and the current Members of the Site Plan Advisory Committee be appointed to the Site Plan Review Panel; 4.That the attached draft By-law to establish an honorarium for Members of the Committee of Adjustment be enacted; Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 5.That a stipend of $50.00 per meeting be implemented for the Vehicle for Hire Committee to bring the Committee in line with all other City of Pickering quasi-judicial bodies that receive stipends; 6.That the list of Committees and Taskforce, and their respective Terms of Reference, included as Attachment #3 and #4 to CLK 03- 23, be approved; and, 7.That the appropriate City of Pickering officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. 11.5 Director, Community Services, Report CS 06-23 263 Millennium Square Events Recommendation: 1.That Report CS 06-23, regarding Millennium Square Events, be received for information; 2.That staff be directed to implement the Fall Fling event as outlined in this report and that the Director, Finance & Treasurer be authorized to include the gross cost of Fall Fling in the amount of $17,600 in the 2023 Current Budget; 3.That staff be directed to implement the Winter Wonderland event as outlined in this report and that the Director, Finance & Treasurer be authorized to include the gross cost of Winter Wonderland in the amount $45,200 in the 2023 Current Budget; and, 4.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 11.6 Director, Community Services, Report CS 07-23 278 Community Safety and Well-Being Advisory Committee -Terms of Reference Recommendation: Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1.That the Community Safety and Well-Being Advisory Committee be established and the Terms of Reference as set out in Attachment #1 to CS 07-23 be approved; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.7 Director, Community Services, Report CS 08-23 287 Pickering Community Parades Recommendation: 1.That report CS 08-23 be received for information; 2.That staff be directed to coordinate and implement the 2023 Santa Claus Parade as outlined in this report; 3.That the Director, Finance & Treasurer be authorized to include the gross cost of the Santa Claus Parade in the amount of $74,100.00 in the 2023 Current Budget; 4.That staff be directed to coordinate and implement the 2024 Easter Parade as outlined in this report; 5.That staff begin preparations for a 2024 Easter Parade in the fall of 2023 and that the gross cost of the 2024 Easter Parade in the amount of $47,100.00 be included in the 2024 Current Budget for Council consideration; and, 6.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 11.8 Director, Economic Development & Strategic Projects, Report ECD 03-23 294 Local & Small Business Advisory Committee Recommendation: That Report Number ECD 03-23, regarding the proposed Local & Small Business Advisory Committee, be received for information. 11.9 Director, Engineering Services, Report ENG 03-23 297 Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Waterfront Visionary Advisory Committee Recommendation: 1.That the Waterfront Visionary Advisory Committee be established and the Terms of Reference as set out in Attachment #2 to ENG 03-23 be approved; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.10 Fire Chief, Report FIR 02-23 305 Supply & Delivery of Harris Portable Radios & Associated Equipment -Quotation No. RFQQ2023-2 Recommendation: 1.That Quotation No. RFQQ2023-2, Supply & Delivery of Harris Portable Radios & Associated Equipment, submitted by Williams Communications Services in the amount of $394,770.00 (plus HST) be accepted; 2.That the total gross project cost of $446,090.00 (HST included) and the total net project cost of $401,718.00 (net of HST rebate) for the Supply & Delivery of Harris Portable Radios & Associated Equipment be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the net project costs of $401,718.00 as follows: a)the sum of $400,000.00 to be funded by a 5-year internal loan as pre-approved for the 2023 Capital Budget; b)the residual sum of $1,718.00 to be funded from property taxes; c)the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 11.11 Fire Chief, Report FIR 03-23 310 2023 Pre-Budget Approval: Installation of Hopes Cradle in Fire Station # 2 -Gems for Gems, March 6, 2023 Executive Committee Meeting, Item 5.1, Delegate 3.2 Recommendation: 1.That Report FIR 03-23 regarding the installation of a Hopes Cradle safe infant surrender shelter be received; 2.That 2023 Capital pre-budget be established for the estimated installation costs of the Hopes Cradle in the amount of $25,000.00 (net of HST rebate) to be funded from the Casino Reserve; 3.That the ongoing remote monitoring costs of $30.00 (HST excluded) per month be included in the annual Current Budget; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.12 Director, Corporate Services & City Solicitor, Report LEG 04-23 312 Regulation of Short Term Rentals Recommendation: That Report LEG 04-23 regarding the regulation of short term rentals be received for information. 11.13 Director, Corporate Services & City Solicitor, Report LEG 05-23 318 2023 Pre-Budget Approval: Information Technology Capability Study Recommendation: 1.That Proposal No. RFP2022-5, for Consulting Services for an Information Technology Capability Study submitted by KPMG LLP, in the amount of $65,800.00 (excluding HST) be accepted; 2.That the total net project cost of $66,958.00 (net of HST rebate) be approved; Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 3.That Council provide pre-budget approval and authorize the Director, Finance & Treasurer to finance the net project cost of $66,958.00 from the Rate Stabilization Reserve; and, 4.That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to this Report. 11.14 Director, Operations, Report OPS 02-23 321 Emergency Structural Repairs at Dunbarton Indoor Pool Recommendation: That Report OPS 02-23 regarding Emergency Structural Repairs at Dunbarton Indoor Pool be received for information only, in accordance with Section 12 of the Purchasing Policy (PUR010). 11.15 Director, Operations, Report OPS 08-23 324 Don Beer Arena Capital Project Pre-Budget Approvals Recommendation: 1.That Report OPS 08-23 regarding Don Beer Arena Capital Project Pre-Budget Approvals be received; 2.That pre 2023 Capital Budget be established for Structural Repairs in Rink 3 at Don Beer Arena, in the amount of $120,000.00 (net HST rebate), be approved; 3.That pre 2023 Capital Budget be established for Rink 1 and 2 Refrigeration Plant lifecycle equipment replacement at Don Beer Arena, in the amount of $143,000.00 (net HST rebate), be approved; 4.That the Director, Finance & Treasurer be authorized to finance the project budget of $120,000.00 (net HST rebate) by a transfer from the Don Beer Arena Reserve; 5.That the Director, Finance & Treasurer be authorized to finance the project budget of $143,000.00 (net HST rebate) from Federal Gas Tax; and, Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 6. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.16 Director, Operations, Report OPS 09-23 327 T2023-2 Various Parks Pathway Reconstruction - Mitchell Park, South Pine Creek Ravine Park, Bay Ridges Kinsmen Park Recommendation: 1. That Report OPS 09-23 regarding Various Parks Pathway Reconstruction at Mitchell Park, South Pine Creek Ravine Park, and Bay Ridges Kinsmen Park be received; 2. That the total gross project cost of $359,487.00 (HST included), including the amount of the tender, contingency, consulting and other associated costs, and the total net project cost of $323,729.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $323,729.00 as approved in the 2020-2022 Capital Budgets as follows: a) The sum of $139,436.00 from Property Taxes as approved in the 2020 Capital Budget; b) The sum of $100,000.00 from the Rate Stabilization Reserve as approved in the 2021 Capital Budget; c) The sum of $84,293.00 from the Federal Gas Tax Reserve Fund as approved in the 2022 Capital Budget; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.17 Director, Operations, Report OPS 10-23 331 Additional Costs for Tillings Yard Remediation Recommendation: Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Report OPS 10-23 regarding additional costs for the Tillings Yard Remediation project be received; 2. That the total net project cost increase from $3,200,000.00 (net of HST) to $3,448,186.00 net of HST be approved; 3. That Director, Finance & Treasurer be authorized to finance the additional costs referenced in Recommendation 2 in the amount of $248,186.00 (net of HST) by a transfer from the Operations Centre Reserve Fund; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 12. Motions and Notice of Motions 12.1 Enhancements to Seniors and Persons with Disabilities Snow Clearing Program Moved by Councillor Brenner Seconded by Councillor Robinson WHEREAS, the City of Pickering provides a Seniors & Persons with Disabilities Snow Clearing Program that operates from November 1st to April 30th of each year; And Whereas, this program currently accommodates 500 qualified (applicants) households, including those residing in hamlets of Brougham, Claremont, Greenwood and Whitevale; And Whereas, for the 2022-2023 season approximately 400 applicants have registered; And Whereas, the current Seniors & Persons with Disabilities Snow Clearing Program set an income cap of $139,674.00 (applicant), in excess of the approximate average Pickering income of $99,700.00, in an effort to allow for more participation; And Whereas, the current Seniors & Persons with Disabilities a Snow Clearing Program is $0.00 for qualified applicants in receipt of Guaranteed Annual Income Supplement (GAINS); Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, continued trends recognize that Pickering will continue to see an increase of population growth of Seniors who desire to remain independent in their homes; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO, an amendment to the City’s Seniors & Persons with Disabilities Snow Clearing Program to include: 1. An increase to the registration capacity from 500 to 750 annually; 2. An increase in registration fees as per the following: i. Net Income – less than $83,723.00 from $69.91 plus HST to $106.20 plus HST; ii. Net Income – between $83,723.00 and $139,674.00 from $106.19 plus HST to $154.87 plus HST; iii. Net Income – between $139,674.00 - $199,900.00 registration fee $200 plus HST; 3. Enhanced promotions, targeted to seniors and persons with disabilities and their families, regarding the City’s Seniors & Persons with Disabilities Snow Clearing Program; 4. That these amendments be in effect for the 2023-2024 winter control season; and, 5. That sufficient funds to support the amended Seniors & Persons with Disabilities Snow Clearing Program be reflected in the draft 2023 Current Budget for Council approval in April 2023. 12.2 Motion to Support the Earthquake Victims of Turkey and Syria Moved by Councillor Butt Seconded by Councillor Pickles WHEREAS, on February 6, 2023, at 04:17 TRT, a M 7.8 earthquake struck southern and central Turkey and northern and western Syria, Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca followed by a M 7.7 earthquake at 13:24 TRT the same day, with an epicenter 37 km (23 mi) west–northwest of Gaziantep, causing widespread damage in an area of about 140,000Sq Miles (approximately the size of Germany); And Whereas, as of March 20, 2023, more than 57,300 deaths were confirmed, with more than 50,000 in Turkey and more than 7,200 in Syria, leaving more than 1.5 million people homeless; And Whereas, the Red Cross/Red Crescent is working to deliver emergency relief and to get help to those impacted by the earthquakes as quickly as possible, and is delivering aid on an ongoing basis; Now therefore be it resolved that: 1.The Council of The Corporation of the City of Pickering donate ten thousand dollars ($10,000) to the Canadian Red Cross for their efforts to deliver ongoing recovery efforts, and resiliency and preparedness activities in areas impacted by the earthquake; 2.That the Mayor, Members of Council and the Economic Development staff reach out to local businesses in the City of Pickering and other partners to make them aware of the great need for help in impacted areas, and to make them aware of the agencies in need of support to provide that help; and, 3.That a copy of this resolution be sent to the Councils of the Region of Durham, Ajax, Brock, Clarington, Oshawa, Scugog, Uxbridge and Whitby for their consideration of similar support. 12.3 Interim Youth/Community Program Locations Seaton Moved by Councillor Pickles Seconded by Councillor Butt WHEREAS, the new recreation complex and library in Seaton will not be constructed/open for City programming for a number of years; And Whereas, Seaton has a growing and young population that would not have a local/convenient location to access important City programming, Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca particularly youth and senior programs, until the completion of City facilities, such as a recreation complex or library; And Whereas, local neighbourhood commercial/retail plazas are likely to be completed earlier than the City facilities and potentially provide opportunities for interim locations for the delivery of City programming; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs City staff through the Office of the CAO to explore opportunities with the commercial/retail plazas and developers/owners, for the interim use of commercial/retail spaces for delivery of City recreation and leisure programming, and that City staff report back to Council with opportunities and recommendations by the end of second quarter 2023. 12.4 Enhanced Blue Box and Green Bin Availability Moved by Councillor Pickles Seconded by Councillor Butt WHEREAS, the current closest blue and green bin exchange/purchase location is the Durham Region Depot in Whitby; And Whereas, the blue and green bin exchange in Pickering has been limited to the compost pick up day at the Chestnut Hill Development Recreation Complex; And Whereas, Pickering residents have expressed that more convenient arrangements for blue and green bin exchange/purchase would be desirable; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs City staff through the Office of the CAO to: 1. Further work with the Region of Durham Waste Management staff to explore opportunities for more local and convenient locations for Pickering residents to have access to the blue and green bin replacements; 2. That staff consider options that include but are not limited to the following: Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca i. introducing local pick up location(s) such as a Region or City facility, ii. coordinate with City/community events, such as compost giveaway, Artfest, etc., iii. use of 311 to arrange drop off, and, iv. arrangements with commercial/retail partners; 3. That staff report back to Council by end of second quarter 2023; 4. That this motion be forwarded to the Commissioner of Works, Region of Durham. 12.5 Tree Protection Private Property Moved by Councillor Robinson Seconded by Councillor Brenner WHEREAS, the August 2020 SGL report “Infill and Replacement Housing In Established Neighbourhoods Study” identified the need for additional tools to manage change related to infill and replacement housing in established neighbbourhoods; And Whereas, the study identified as a major concern, loss of mature trees and landscaped open space; And Whereas, the current tree protection by-law protects and regulates trees only to the extent that it applies to trees within certain identified “environmentally sensitive” areas of the City; And Whereas, a tree by-law on private property would assist in addressing and protecting our tree canopy by implementing regulations to protect trees where possible and require the replacement of trees where appropriate to ensure a healthy and perpetual tree canopy within established neighbourhoods and can be applied to all communities; And Whereas, this updated tool would provide the City with a more effective way to regulate tree removal and tree protection on private property during construction of either infill and replacement housing, Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca additions to existing houses, construction of secondary structures, or new development or plans of subdivisions; And Whereas, an updated tree protection by-law would affect all trees of a certain diameter on all private property; And Whereas, a driveway width by-law would apply to the portion of the driveway on private property; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO to: 1. Prepare a draft by-law that would regulate tree removal of a defined diameter on private property including infill development, replacement housing, additions to existing houses, construction of secondary structures, and draft plans of subdivision similar to the City of Toronto; 2. Prepare a draft by-law to protect trees from injury on private property during construction; 3. Develop a work plan to consult/engage community stakeholders, and includes the creation of an Urban Forest Master Plan modeled after the City of Brampton; 4. Prepare a draft by-law for the maximum driveway entrance/width and hard surfacing allowable on residential properties similar to the City of North York; and, 5. Report back to The Executive Committee of Council with the draft by-law on the work plan no later than the June 2023 Executive Meeting. 13. By-laws 13.1 By-law 7998/23 Being a by-law to amend By-law 6604/05, as amended, providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca private and municipal property. [Refer to Item 4.1 Report BYL 02-23, page 1 of the Executive Committee Agenda] 13.2 By-law 7999/23 Being a by-law to limit the gross vehicle weight of any vehicle or any class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended. [Refer to Item 4.3 Report ENG 02-23, page 35 of the Executive Committee Agenda] 13.3 By-law 8000/23 Being a by-law to authorize the Supply and Delivery of a Fire Pumper Rescue Replacement project in the City of Pickering and the issuance of debentures in the amount of $1,390,000.00. [Refer to Item 4.5 Report FIR 01-23, page 62 of the Executive Committee Agenda] 13.4 By-law 8001/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-law 6577/05, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Lot 20, Concession 3 S, Now Part 2, 40R-2208, and Parts 1 and 2, 40R-9418, City of Pickering (A 10/22) (2570 Tillings Rd.) [Refer to Item 4.1 Report PLN 05-23, page 1 of the Planning & Development Committee Agenda] 13.5 By-law 8002/23 Being a By-law to adopt Amendment 47 to the Official Plan for the City of Pickering (OPA 20-008/P) (1970 Brock Rd.) [Refer to Item 4.2 Report PLN 06-23, page 19 of the Planning & Development Committee Agenda] 13.6 By-law 8003/23 146 Being a by-law to establish and maintain a Lobbyist Registry for The Corporation of the City of Pickering. [Refer to Item 11.2 Report CLK 04- 23] 13.7 By-law 8004/23 262 Council Meeting Agenda March 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Being a By-law to establish an honorarium for Members of the Committee of Adjustment. [Refer to Item 11.4 Report CLK 03-23] 13.8 By-law 8005/23 335 Being a by-law to amend By-law No. 6191/03 and 7362/14 to confirm General Municipal Fees. [Refer to Item 4.1 Report BYL 02-23, page 1 of the Executive Committee Agenda] 13.9 By-law 8006/23 337 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Concession 1 North, Now Part 1, 40R-8663, City of Pickering (A 13/20). (1970 Brock Rd) [Refer to Item 4.2 Report PLN 06-23, page 19 of the Planning & Development Committee Agenda] 14. Confidential Council – Public Report 15. Other Business 16. Confirmation By-law 17. Adjournment Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 1 Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Douglas-Murray - Director, Community Services S. Boyd -Fire Chief R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Cassel -City Clerk J. Halsall -Division Head, Finance C. Rose -Chief Planner V. Plouffe -Division Head, Operations Services R. Apablaza -Manager, ERP & Financial Systems R. Perera -Deputy Clerk J. Bekramchand -Senior Financial Analyst, Capital & Debt Management M. Cain -Corporate Security Specialist 1.Roll Call The City Clerk certified that all Members of Council were present and participating in- person. 2.Invocation Mayor Ashe called the meeting to order and led Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. - 1 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 2 4.Disclosure of Interest No disclosures of interest were noted. Resolution #71/23 Moved by Councillor Brenner Seconded by Councillor Cook That the Chair be granted permission to amend the order of the agenda as deemed appropriate regarding the attendance of The Honourable Peter Bethlenfalvy, M.P.P. Pickering-Uxbridge, as it pertains to Item 6.1, Presentation of the Long Standing Service Award to Councillor Brenner & Councillor Pickles. Minister Bethlenfalvy was delayed due to inclement weather. Carried 5.Adoption of Minutes Resolution #72/23 Moved by Councillor Butt Seconded by Councillor Brenner Council Minutes, January 23, 2023 Special Council Minutes, January 27, 2023 Executive Committee Minutes, February 6, 2023 Special Council Minutes, February 6, 2023 Planning & Development Committee Minutes, February 6, 2023 Carried 6.Presentations 6.2 Mani Shankar, Mr. Lube Pickering (In Person) Clint Scott, Unit Training Officer and Community Development Officer, PARA Marine Search and Rescue (In Person) Re: Presentation of a Donation to PARA Marine Search and Rescue Mani Shankar, Mr. Lube Pickering, appeared before Council to present a cheque in the amount of $2,000 to PARA Marine Search and Rescue and thanked Council for the opportunity to present the cheque. - 2 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 3 Councillor Brenner stated that the donation was an important contribution to PARA Marine Search and Rescue as it would assist them with continuing their efforts towards rescue missions. Clint Scott, Unit Training Officer and Community Development Officer, PARA Marine Search and Rescue, spoke to funds from the local community assisting the rescue missions of PARA and thanked both Council and Mr. Shankar for the ir support. 7.Delegations 7.1 Phil Donohue Re: Report LEG 03-23 Regulation of Short Term Rentals Phil Donohue, Pickering Resident, appeared before Council to speak to Report LEG 03-23. Mr. Donohue stated that 1964 Spruce Hill, a newly built home, was currently being used as an Airbnb. He added that the property was being used for parties and filming of adult films and spoke to an incident which occurred on the property involving a shooting. He said that the house was quiet since the police had attended the location and arrested some individuals in September 2022, however, the parties started again in January 2023. Mr. Donohue stated that his research had indicated that many municipalities had rules relating to the regulation of Airbnbs. He noted that Report LEG 03-23 referenced the approach that was taken by Ajax, however, it was important to note that the City to the west of Pickering was doing something much more significant. He questioned how the by- laws would be measured as it was important to have performance measures in place. He noted that the residents were promised a meeting with the Durham Regional Police Services (DRPS) since the September incident as they needed support and reinforcement. In concluding his delegation, he stated that the Report spoke to both short-term and long-term solutions, and added that the short-term solutions would not be effective and that residents were afraid to make a complaint. Mayor Ashe stated that a meeting between the residents and the DRPS had been scheduled. 7.2 Rick Troyan, True North Transparency Re: Concerns Regarding Pickering Public Library’s Photography and Video Policy Rick Troyan, True North Transparency, appeared before Council to discuss concerns regarding Pickering Public Library’s Photography and Video Policy. Mr. Troyan stated that he was a proud member of the Carcross Tagish First Nations - 3 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 4 Community in White horse, Yukon Territories and that he was the owner of True North Transparency. He stated that in January he had decided to begin his journey towards media expression and news gathering and attended the Central Pickering Public Library branch to view the historical items room and added that he had his camera to record the visit. He said that he met with two librarians and the security guard who advised him that there were polices banning him from filming without permission and added that the police were then phoned which resulted in him being removed from the building. He advised that he visited Pickering City Hall a month later and had a good experience, however, when he attended the Pickering Public Library again to submit a Freedom of Information request, he was served with a trespass order excluding him from entering onto any Pickering Public Library property for one year. He noted that he was acting under his rights to freedom of expression and news gathering and the right that he was exercising was protected under the Canadian Charter of Rights and Freedoms which should have annulled the trespass order. He said that the trespass order cited violent and threatening behavior in his video and that he was not given an opportunity to comment. He added that the trespass order required him to ask for permission to enter the building even after the expiration of the trespass order. He said that the freedom of media expression was one of the most important freedoms in a democratic society and that the limitation of this right may lead to the end of democracy. A question and answer period ensued between Members of Council and Mr. Troyan regarding: whether he had delegated to the Pickering Public Library Board on this matter; whether he had received a copy of the Policy which prohibited the filming on library property; and, clarification that the intention of the filming was not to record children an d people attending the library. 6.Presentations 6.1 The Honourable Peter Bethlenfalvy, M.P.P. Pickering-Uxbridge Re: Presentation of the Long Standing Service Award to Councillor Brenner & Councillor Pickles The Honourable Peter Bethlenfalvy, M.P.P. Pickering-Uxbridge, appeared before Council to present Long Standing Service Awards to Councillor Brenner and Councillor Pickles. Minister Bethlenfalvy spoke to the Long Standing Award being to recognize municipal elected officials with 25 or more years of service on a municipal council. He spoke to the dedication and the contributions of Councillor Brenner and Councillor Pickles. - 4 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 5 Councillor Brenner spoke to his time on Pickering Council and thanked residents for placing confidence and trust in him. Councillor Pickles spoke to his time on Pickering Council and stated that it was his honour to serve on City Council and thanked his friends and family for their support. 7.Delegations 7.3 Clint Scott, Unit Training Officer and Community Development Officer, PARA Marine Search & Rescue Re: PARA Marine Search & Rescue’s 2022 Annual Report and Strategic Plan for 2023 and Beyond Clint Scott, Unit Training Officer and Community Development Officer, PARA Marine Search and Rescue, appeared before Council to provide an annual update on PARA Marine Search & Rescue. Through the aid of a PowerPoint presentation, Mr. Scott noted that the PARA Marine Search & Rescue had been in service f or 50+ years and stated that the organization had gone through a number of vessels over the past 56 years. He discussed the 5 to 10 Year Strategic and Business Plan and spoke to the new vision and mission statements. He further discussed Board membership, training with partners, maintaining SAR readiness, and financial sustainability, 2022 Durham Region Report highlights, and maintaining financial strength. He concluded his delegation by commenting on the asset management plans to fund a vessel replacement with near shore capability. A question and answer period ensued between Members of Council and Mr. Scott regarding: whether the vessels had crossed the US border and whether the vessels could navigate difficult waters; how the weeds in the Frenchman’s Bay impacted their operations and the vessels; and, whether there was any opportunity to keep the old vessel as a backup when the new vessel was purchased. 7.4 David Masters, Land Over Landings Re: Opposition to a Pickering Airport and Utilization of Resources David Masters, Land Over Landings, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. Mr. Masters noted that it was time for Council to reverse its decision made in October 2017 supporting an airport in Pickering in the midst of a bid for - 5 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 6 an Amazon facility. He stated that he had spoken to Council in October 2017 regarding a line item in the development charges budget pertaining to a study on a potential Pickering airport and was advised by the City that the line item was not in relation to the proposed Pickering airport. He stated that money was still spent on this matter including a luncheon for an Aerotropolis, an opinion poll to support an airport being built, and that the former CAO had requested money from other regional governments to undertake a study on the proposed Pickering airport. He stated that it was time to stop wasting tax payer money on an airport in Pickering and spoke to a Report conducted by Greater Toronto Airport Authority which noted that the Toronto Pearson Airport was not at capacity and there would be no need to build a six lane run way. He spoke to the decline of air travel due to COVID-19 and the move towards virtual meetings and a recognition of climate change. He stated that the KPMG report did not indicate that an airport would be needed after 2036 and that while KPMG did consider other types of airports, it found other levels of uncertainty. He stated that it was time to oppose the building of an airport in Pickering as there was no sound business case and that it was the time to use the lands for agricultural purposes. He spoke to supply chain issues with regards to food supply and that these issues could be resolved with the use of the agricultural lands in close proximity to urban centres. A question and answer period ensued between Members of Council and Mr. Masters regarding: the delegate’s role at Land Over Landings and the nature of the organization including its source of funding; whether there was a membership fee and the number of members that were from Pickering; and, whether any member of Land Over Landings had any involvement in drafting the Notice of Motion and when the delegate was made aware of the Notice of Motion. 7.5 Louis Davis Re: Opposition to a Pickering Airport and Utilization of Resources Louis Davis, Pickering Resident, joined the meeting via audio connection to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. He stated that as a longtime resident of Pickering, he was opposed to an airport in Pickering and that residents of Pickering have told the different levels of government the reasons why residents did not want an airport in Pickering. He said that Pickering was not an area where an airport was needed and that it was time to put the discussion to rest. 7.6 Mark Brooks, PickeringAirport.org Moderator, Friends of Pickering Airport Re: Opposition to a Pickering Airport and Utilization of Resources - 6 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 7 Mark Brooks, PickeringAirport.org Moderator, Friends of Pickering Airport , appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. He stated that he was an active pilot and through the aid of a PowerPoint presentation, Mr. B rooks spoke to how an airport would be a critical element and a catalyst for development of the eastern Toronto Region, the growth of Canadian aviation, adding that by 2023 aviation would be at a rate of 105%. He stated that Ontario was currently experiencing an aviation capacity crisis and that the City of Oshawa was looking to close their flight school in an effort to reduce air traffic. He spoke to the findings of the ASA report and stated that none of the preconditions had been met to delay an airport in Pickering and stated that the ASA report provided a sound business case for an airport in Pickering. He further spoke to the potential of the lands to create jobs and economic growth and that the revenue could be used to reduce residential tax rates or increase services. He said that the City could achieve net carbon zero with the use of net carbon zero fuel and new technologies. A question and answer period ensued between Members of Council and Mr. Brooks regarding: whether aviation was more climate friendly than other modes of transportation and the impact of hydrogen energy; how the ASA report was funded; how the delegate was informed of the Notice of Motion; the name of the company that the delegate flew with as an active pilot; the sources used for the delegate’s presentation; how the flying club was funded; whether the delegate had any discussions with any City officials prior to the Council meeting; the number of active members in Friends of Pickering Airport and whether any members were City employees; whether the delegate was aware of a recent statement by the Minister of Transportation regarding the proposed airport in Pickering; whether the delegate was aware of the timing that Land Over Landings received a copy of the KPMG study; whether the Friends of Pickering Airport was the same as the flying club and whether the report was on behalf of the flying club; current projections related to aviation capacity; and, capacity issues caused at Toronto Pearson Airport during Christmas. 7.7 Anne Woolger Re: Opposition to a Pickering Airport and Utilization of Resources - 7 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 8 Anne Woolger, Toronto Resident, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. Ms. Woogler stated that she was an advocate for refugees and was the founder of Matthew House. She stated that in the mid-1960s her family moved from the Toronto Beaches to a 10 acre property located at the seventh concession in Pickering Township, where her father farmed on the lands and spoke to fond memories of living Pickering. She stated that the lands were then expropriated by the Federal Government for the proposed airport with their home being located on a proposed runway and spoke to memories of feeling terrified and anxious about the possibility of losing their home. She noted that the Government’s appraisal for the lands did not provide any compensation for the trees that were grown by her father. She said that her family had moved away in 1975 and discussed the parallels of her situation and the experiences of refugees. In concluding her delegation, Ms. Woogler asked Council to keep the subject lands for agricultural uses. 7.8 Carmen Lishman Paula Lishman Marta Acuna Lishman Re: Opposition to a Pickering Airport and Utilization of Resources Carmen Lishman and Marta Acuna Lishman, Pickering Residents, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. Ms. Lishman advised that her family was expropriated from the property they lived at in Pickering over 50 years ago. Ms. Lishman stated that there were numerous reasons for not needing an airport in Pickering and that these reasons had been stated repeatedly in the past. She noted that in 1969 her father had built a replica of a Lunar module in their front yard as he was inspired by the moon landing and added that they were grateful that 50 years later the lands were still available for agricultural u se. She stated that residents cannot rely on food being flown from California and that the remaining lands were an opportunity to advance food security. She stated that the lands could be used for many purposes and it was time to use the lands to improve critical food supply. She discussed her time living in the area and spoke about a small common garden situated near the Kubota factory and stated that with the effort of a small number of people, the bounty had fed all of the volunteers and provided food to food banks. She added that the KPMG study illustrated that there was no need for an airport now or later, and that opposing an airport would be encouraging food security, agriculture, job creation, innovation, cultural and environment protection, community building opportunities, and advancing the quality of life for all Pickering residents. 7.9 Ivan Battye - 8 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 9 Re: Opposition to a Pickering Airport and Utilization of Resources Ivan Battye, Pickering Resident, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. He referred to the written correspondence submitted as part of his delegation adding that it was a copy of his delegation to the Durham Region Counci l. He spoke to an article written by Gary Polonsky in March 13, 2019 placed in the local newspaper, capacity statements for Toronto Pearson Airport, the Consultative Committee background, a letter by Duncan Campbell noting that Toronto could not produce 90 movements an hour within the way they do business, and the current and the five year forecast for Toronto Pearson Airport. He also referred to a statement by Minister of Transportation regarding no decision s or plans being made to develop an airport in Pickering. A brief question and answer period ensued between Members of Council and Mr. Battye regarding: whether the delegate was in support of the Notice of Motion; and, the subject matter expertise of the delegate. 7.10 Lee Parsons, MGP City Plan Ltd. Re: Opposition to a Pickering Airport and Utilization of Resources Lee Parsons, MGP City Plan Ltd., appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. Mr. Parsons stated that MGP City Plan Ltd. worked on planning projects in Canada and globally, and added that his role was to undertake a masterplan in response to the opportunity to create a major new employment and transportation focus for the eastern GTA. He noted that this would be a transformational project for Pickering, Durham, and Hamilton area and advised that the lands were identified by the Federal Government, the Durham Region, and Pickering for economic development including the building of a new airport. He added that this idea was not new and that it was endorsed by Council in 2017, and added that the subject area would become a nexus of transportation and a powerful location for advanced enterprise. He stated that at full development, the lands would be the site for 60,000 jobs and indirect employment for Pickering, Durham, and greater Toronto Hamilton area. He spoke to a vision of a multi-mode of transportation hub which could be transformed to a major employment area and that t he need for this vision had been established by policies by Pickering, Durham, and the Province of Ontario. He urged Council to vote against the Notice of Motion to lay out a plan for positive development for the future. A question and answer period ensued between Members of Council and Mr. Parsons regarding: - 9 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 10 clarification regarding the previous motions passed by Pickering Council supporting an airport in Pickering; whether the delegate was a consultant for Pickering or Durham; whether the delegate had met with City officials regarding the Notice of Motion; whether the delegate was aware of the innovation corridor; whether the delegate was suggesting that a High Frequency Railway stop in Pickering was conditional upon an airport in Pickering; the name of the company the delegate was representing; whether the delegate was aware of the RFP released by the government for a High Frequency Railway; and, how an airport could impact job growth. 7.11 Doug Moffatt Re: Opposition to a Pickering Airport and Utilization of Resources Doug Moffatt withdrew their delegation and did not appear before Council. 7.12 Helen Brenner Re: Opposition to a Pickering Airport and Utilization of Resources Helen Brenner withdrew their delegation and did not appear before Council. 7.13 Howard Shearer, Chief Executive, Canada, Hitachi Canada Re: Opposition to a Pickering Airport and Utilization of Resources Howard Shearer, Chief Executive, Canada, Hitachi Canada, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. Mr. Shearer stated that he was present on behalf of Hitachi who had been in Canada for 50 years and worked on many social innovation projects. He noted that Pickering had the capability to serve all sectors of the community and added that the criteria for successful projects were willing host communities. He added that if Pickering was not a willing host , they would not be able to compete. He stated that Toronto Pearson Airport no longer had capacity to accommodate the volume of air travel and that the rural areas were now open for other opportunities, such as a High Frequency Railway. He asked Council to imagine a High Frequency Railway station connected to an airport and international flights entering Pickering. He stated that he was aware of companies that would be investing in Pickering if there was an airport as this would result in a free trade zone. He stated that there may be consequences of opposing an airport as it may threaten the City’s future of growth. - 10 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 11 A question and answer period ensued between Members of Council and Mr. Shearer regarding: clarification regarding free trade zones; whether there was a business case for an airport in Pickering; whether Hitachi was looking for a business venture in Pickering; whether the High Frequency Railway was dependent on an airport in Pickering; clarification that the proposed airport in Pickering may not be an international airport; the impact of an airport on a growing job force; and, the types of private business that may contribute to the building of an airport in Pickering. 7.14 Marc Kealey, K&A Inc./Toronto East Project Group Re: Opposition to a Pickering Airport and Utilization of Resources Marc Kealey, K&A Inc./Toronto East Project Group, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. He noted that he used to be the administrator for the Whitby General Hospital and that in 1995, the Provincial Government had announced that there was a need to systemize health care in Ontario. He stated that at the time he had advocated for a rehabilitation centre in Whitby and discussed the opposition he had faced as a result of this advocacy. He stated that currently Durham Region was a model for systemized healthcare and noted that this was the result of the decision making by public officials. He noted that he was the principle for K&A, a company that was experts in public policy, project management, and governance and that he was also leading a group called the Toronto East Project Group. He stated that the Region was built on innovation and that an airport was an opportunity to create an advanced enterprise zone. He spoke to changes coming towards the agriculture sector such as sustainability. He stated that Council needed to build community benefit, create sustainability for the future, and that the rights of the indigenous people should be part of their decision making process. A brief question and answer period ensued between Members of Council and Mr. Kealey regarding: whether local food security was building a community benefit; whether the indigenous community was opposing an airport and the need for continued dialogue; and, whose legacy the airport project would be. 7.15 Peter Rodrigues Re: Opposition to a Pickering Airport and Utilization of Resources - 11 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 12 Peter Rodrigues, Pickering Resident, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. He stated that he endorsed the comments made by David Masters adding that Council needed to represent the opinions of the residents. He stated that an airport could be built, but not on prime farm land and that with a High Frequency Railway, the need for an airport would be reduced. He noted that it was important to know the parties that would benefit from an airport and added that the Toronto Pearson Airport was not at capacity. He spoke to a study conducted by Pickering residents on the airport and that while Members of Council were invited no one attended. He stated that there was no business case for an airport and added that he hoped that the motion carried on a recorded unanimous vote. 7.16 Robert Lyon Re: Opposition to a Pickering Airport and Utilization of Resources Robert Lyon, Pickering Resident, appeared before Council to speak to the Notice of Motion regarding Opposition to a Pickering Airport and Utilization of Resources. He asked Council to support an airport as it represented growth, progress, opportunity, and financial stability for the City. He stated that the Federal Government was advocating for 500,000 immigrants to enter Canada and that majority of the newcomers would be coming to the GTA. Mr. Lyon advised that the Federal Government continued to support for an airport in Pickering as the lands were left for the airport when the Urban Rouge National Park was built. He added that agriculture did not create a lot of jobs locally and that the agricultural lands in northern Pickering did not allow for modern farming. He advised that the Expropriations Act required the lands to be given back to the original owners under the best possible conditions and that this was why the southern portion of the lands were sold to the tenants or the original owners who were farmers. A brief question and answer period ensued between Members of Council and Mr. Lyon regarding: the types of food sources being grown on the agricultural lands and their purpose; and, the immigrant population entering Canada and whether some could be looking to farm land. It was the consensus of Council to take a short recess. Council recessed at 10:32 p.m. and reconvened at 10:49 p.m. 8.Correspondence - 12 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 13 8.1 Corr. 05-23 The Honourable Steve Clark, Minister of Municipal Housing & Affairs Re: The Streamline Development Approval Fund (SDAF) Program Extension Resolution #73/23 Moved by Councillor Butt Seconded by Councillor Robinson That Corr. 05-23, from The Honourable Steve Clark, Minister of Municipal Housing & Affairs, dated January 24, 2023, regarding The Streamline Development Approval Fund (SDAF) Program Extension, be received for information. Carried 8.2 Corr. 06-23 Gary Muller, Director of Planning, The Regional Municipality of Durham Re: Envision Durham – Release of the draft new Regional Off icial Plan (Report #2023-P-**) Resolution #74/23 Moved by Councillor Butt Seconded by Councillor Robinson That Corr. 06-23, from Gary Muller, Director of Planning, The Regional Municipality of Durham, dated February 10, 2023, regarding Envision Durham – Release of the draft new Regional Off icial Plan (Report #2023-P-**), be received for information. Carried 8.3 Corr. 07-23 Ontario’s Big City Mayors (OBCM) Re: Motion – OBCM Recommendations on the Health and Homelessness Crisis A detailed question and answer period ensued between Members of Council and staff regarding the details contained in the OBCM motion with the Chief Administrative Officer noting that the Region was responsible for delivering services relating to health and social matters, including homelessness, and that staff would be happy to obtain information from the Region and OBCM and share it with Council. - 13 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 14 Resolution #75/23 Moved by Councillor Butt Seconded by Councillor Robinson 1.That Corr. 07-23, from Ontario’s Big City Mayors, regarding Motion – OBCM Recommendations on the Health and Homelessness Crisis, be received for information and endorsed; and, 2.That a copy of this Resolution be forwarded to the The Honourable Sylvia Jones, Minister of Health and The Honourable Peter Bethlenfalvy, Member of Provincial Parliament, Pickering-Uxbridge. Carried 8.4 Corr. 08-23 Sarah Douglas-Murray, Director, Community Services, City of Pickering Re: Artifact Deaccession at Pickering Museum Village A question and answer period ensued between Members of Council and staff regarding: the manner and the place in which the deaccessions would take place; whether any of the artifacts were located outside; how the explosive artifact was overlooked; whether the committee looked at artifact X974.136.1.through a lens of diversity and whether the mannequin was Caucasian; which artifacts did not reflect the community; the process undertaken by staff to asses each artifact; which artifacts were duplicates; the number of collections held by the museum; how the lack of relevance of an artifact was decided; qualifications of the staff who conducted the assessment of the artifacts; whether there was a policy that would allow staff to receive a second opinion; why the City would purchase new artifacts when there was a lack of available resources to preserve the existing artifacts; and, whether a list of hazardous artifacts was available. Resolution #76/23 Moved by Councillor Butt Seconded by Councillor Robinson - 14 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 15 That Corr. 08-23, from Sarah Douglas-Murray, Director, Community Services, City of Pickering, dated February 16, 2023, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on January 17, 2023, be approved. Carried Later in the Meeting (See Following Motion) Resolution #77/23 Moved by Councillor Brenner Seconded by Councillor Cook That the main motion be amended to read as follows: That Corr. 08-23, from Sarah Douglas-Murray, Director, Community Services, City of Pickering, dated February 16, 2023, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on January 17, 2023, be approved, save and except Item X974.136.1. The Main Motion, as Amended, was then Carried 8.5 Corr. 09-23 Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering Re: Pickering Anti-Black Racism Taskforce -2022 Year End Report and Proposed 2023 Work Plan Resolution #78/23 Moved by Councillor Butt Seconded by Councillor Robinson That Corr. 09-23, from Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering, dated February 17, 2023, regarding the Pickering Anti-Black Racism Taskforce 2022 Year End Report and Proposed 2023 Work Plan, be received for information. Carried 9.Report EC 02-23 of the Executive Committee held on February 6, 2023 9.1 Chief Administrative Officer, Report CAO 02-23 Memorandum of Understanding for the Sharing of Pickering Casino Revenues - 15 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 16 -The Corporation of the City of Pickering and The Regional Municipality of Durham Council Decision: 1.That Report CAO 02-23 regarding the Memorandum of Understanding for the Sharing of Pickering Casino Revenues be received; 2.That Council approve the Memorandum of Understanding for the Sharing of Pickering Casino Revenues between The Corporation of the City of Pickering and The Regional Municipality of Durham as set out in Attachment 5, and that the said Memorandum of Understanding be executed by the Mayor and the City Clerk subject to minor revisions acceptable to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 3.That the City Clerk forward a copy of Report CAO 02-23 to The Regional Municipality of Durham and all lower tier municipalities of Durham Region; and, 4.That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. 9.2 Director, Community Services, Report CS 03-23 Beach Volleyball Court License Agreement -Ontario Volleyball Association Council Decision: 1.That the Mayor and City Clerk be authorized to execute the License Agreement set out in Attachment 1 of this Report to which Ontario Volleyball Association will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park for a five year term beginning May 1, 2023 and ending September 30, 2027, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 9.3 Director, Community Services, Report CS 04-23 George Ashe Retrofit -Green and Inclusive Community Building Fund Application - 16 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 17 Council Decision: 1.That staff be directed, through the Chief Administrative Officer, to submit an application under the Government of Canada’s Green and Inclusive Community Building (GICB) program for the retrofit of George Ashe Library & Community Centre; 2.That Pickering Council supports the George Ashe Libra ry & Community Centre application for the Government of Canada’s GICB program; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 9.4 Director, Operations, Report OPS 03-23 Pickering Heritage & Community Centre -Additional Archaeological Work Council Decision: 1.That Report OPS 03-23 regarding additional archaeological work to be completed for the Pickering Heritage & Community Centre (PHCC) at the Pickering Museum Village be received; 2.That Council approve the hiring of Archaeological Services Inc. for Consulting and Professional Services for the Archaeological Assessment of the PHCC project site in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; 3.That the fee proposal submitted by Archaeological Services Inc. for Consulting and Professional Services for the Archaeological Assessment of the PHCC project site in the amount of $166,957.50 (HST Included) be accepted; 4.That the total gross project cost of $364,708.00 (HST included), including the fee amount and other associated costs, and the total net project cost of $328,431.00 (net of HST rebate) be approved; 5.That the Director, Finance & Treasurer be authorized to finance the net costs of $328,431.00 from PHCC Construction capital project as approved in the 2021 Capital Budget as follows: - 17 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 18 a)The sum of $100,171.00 from the DC – Parks & Recreation Reserve Fund; b)The sum of $8,868.00 from the DC – Library Reserve Fund; c)The sum of $215,451.00 from the Rate Stabilization Reserve; d)The sum of $3,941.00 from the Community Benefit Charge Reserve Fund; and, 6.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 9.5 Director, City Development & CBO, Report PLN 04-23 Municipal Housing Targets and Municipal Housing Pledges Council Decision: 1.That Report PLN 04-23 regarding Municipal Housing Targets and Municipal Housing Pledges be received; 2.That Council advise the Honourable Steve Clark, Minister of Municipal Affairs and Housing (MMAH), that Report PLN 04-23, constitutes the City of Pickering’s Housing Pledge, as requested in his letter to the City’s Clerk, dated October 25, 2022; 3.That Council advise the Honourable Steve Clark, MMAH, that it generally supports the Municipal Housing Target of 13,000 new homes by 2031, established by the Province for the City of Pickering, yet further advises that the City’s development approval processes are but one small part of a very complex system that delivers housing to the market; 4.That Council advise Premier Doug Ford and Honourable Steve Clark, of the following: a.that it appreciates the Province’s recognition of the cumulative cost put on the construction of housing (including rental, affordable ownership and rental, and on attainable (still undefined)), of development charges, community benefits charges, and parkland contributions; and similarly advises b.that, if the funding for these services and facilities are to be transferred from these municipal charges to the property tax base, that home - 18 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 19 owners or tenants will bear the increased cost of home ownership, which will also jeopardize housing affordability; and, c.that the City of Pickering welcomes the Premier’s guarantee to keep municipalities financially whole; 5.That Council request the Honourable Steve Clark, MMAH, to obtain similar housing pledge commitments from the building community (through the Building Industry and Land Development Association (BILD)). 6.That Council direct, through the Office of the Chief Administrative Officer, that the following initiative be undertaken: a.That the Director, City Development & CBO, in finalizing the first annual City of Pickering Housing Monitoring Report (as required by the Council adopted Pickering Housing Action Plan, 2021, Action 3.7), identify any proposed revisions to the Action Plan that would further assist in meeting the Municipal Housing Targets; and, 7.That a copy of Report PLN 04-23 and Council’s resolution thereon be forwarded to Premier Ford, Minister Clark, MMAH, The Honourable Peter Bethlenfalvy, Region of Durham, and area municipalities. Resolution #79/23 Moved by Councillor Brenner Seconded by Councillor Cook That Report EC 02-23 of the Executive Committee Meeting held on February 6, 2023 be adopted. Carried 10.Report PD 02-23 of the Planning & Development Committee held on February 6, 2023 10.1 Director, City Development & CBO, Report PLN 03-23 Draft Plan of Subdivision Application SP-2022-02 Zoning By-law Amendment Application A 04/22 Caplink Limited Part Lots 27 and 28, Concession 5 Seaton Community - 19 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 20 A brief question and answer period ensued between Members of Council and staff regarding: what type of food would be produced at the facility; and, confirmation that live farming would not take place on the subject property. Resolution #80/23 Moved by Councillor Pickles Seconded by Councillor Butt 1.That Draft Plan of Subdivision Application SP-2022-02, submitted by Caplink Limited, on lands being Part Lots 27 and 28, Concession 5, within the Pickering Innovation Corridor, to establish a plan of subdivision consisting of 4 blocks for employment uses, and blocks for stormwater management facility, natural heritage system, road widening, and a new municipal road, as shown on Attachment #4 to Report PLN 03-23, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and, 2.That Zoning By-law Amendment Application A 04/22, submitted by Caplink Limited, to implement Draft Plan of Subdivision SP 2022-02 and permit a food manufacturing campus on lands being Part Lots 27 and 28, Concession 5, be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 03 -23, be finalized and forwarded to Council for enactment. Carried 11.Reports – New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report BYL 01-23 Electric Kick Scooter By-law A question and answer period ensued between Members of Council and staff regarding: which roads the E-scooters would be permitted to travel on; concerns regarding persons over the age of 18 being able to drive an E - scooter without a helmet in accordance with provincial laws; whether the Region’s by-law was similar to the proposed City By-law; the need to educate the public on which sidewalks could be used for E- scooters; whether enforcement would be done through the DRPS; and; whether a E-scooter driver could be charged for driving under the influence of alcohol. - 20 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 21 Resolution #81/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That Report BYL 01-23 regarding Electric Kick Scooter By-law be received; 2.That the Electronic Kick Scooter By-law attached to this report (Attachment 1) be enacted; and, 3.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Carried 11.2 Director, Corporate Services & City Solicitor, Report BYL 03-23 Towing and Impound Services A question and answer period ensued between Members of Council and staff regarding: how the vendor was selected and whether the company was recommended by the DRPS; whether the towing would occur on both public and private roads; the names of the vendors used by the other Durham municipalities; and, whether the rates would be fixed for the duration of the Agreement. Resolution #82/23 Moved by Councillor Butt Seconded by Councillor Brenner 1.That an agreement with 1105729 Ontario Inc. Operating As Classic Towing & Storage be approved substantially in the form attached to this Report, subject to revisions acceptable to the Director, Corporate Services & City Solicitor; 2.That the Mayor and the City Clerk be authorized to execute the said agreement on the City’s behalf; and, 3.That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to the recommendations in this Report. - 21 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 22 Carried Resolution #83/23 Moved by Councillor Pickles Seconded by Councillor Brenner That due to the remaining items of business on the agenda, the meeting be extended to allow Council to continue to meet beyond 12:00 a.m . Carried 11.3 Director, Community Services, Report CS 05-23 Community Safety and Well-Being Initiatives -Chestnut Hill Developments Recreation Centre - Use as Emergency Overnight Warming Centre – Change in Location -Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities – Change in Operation A brief question and answer period ensued between Members of Council and staff regarding: whether the overnight shelter at Chestnut Hill was implemented so that individuals who visited Chestnut Hill for shelter no longer needed to travel to the East Shore facility as Chestnut Hill would now provide overnight shelter to those in need; and, the need to hear good new stories regarding homeless issues through Staff and not the Social Media. Resolution #84/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1.That Report CS 05-23 regarding the implementation of Community Safety and Well-Being Initiatives be received; 2.That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with Christian Faith Outreach Centre (CFOC), set out in Attachment 1 to this report, for use of the O’Brien Room at Chestnut Hill Developments Recreation Complex (CHDRC), for emergency overnight warming centre, subject to minor revisions as may be required by the - 22 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 23 Director, Community Services and the Director, Corporate Services & City Solicitor; 3.That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with DARS Inc., set out in Attachment 2 to this report, for use of the CHRDC Arena Dressing Rooms, for outreach shower facilities, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4.That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 11.4 Director, Finance & Treasurer, Report FIN 05-23 Update on Bill 23 More Homes, Built Faster Act A Financial Perspective Resolution #85/23 Moved by Councillor Butt Seconded by Councillor Brenner That Report FIN 05-23 regarding an updated financial assessment related to Bill 23 be received for information. Carried 11.5 Director, Finance & Treasurer , Report FIN 06-23 Approval to Award the Contract to NTT Data Business Solutions Incorporated for SAP Application Management Services A brief question and answer period ensued between Members of Council and staff regarding the amount of the project that would be funded through tax payer dollars. Resolution #86/23 Moved by Councillor Pickles Seconded by Councillor Butt 1.That Council approve the engagement of NTT Data Business Solutions Incorporated, under section 10.03 (c) of the City’s Purchasing Policy, in the - 23 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 24 amount of $112,450.00 (net HST), for a term of one year, with potential renewals for successive one year terms, provided that terms and conditions, upon renewal, remaining in favor and alignment with City objectives; 2.That the total project cost of $112,450.00 (net HST) and other associated costs be funded over a one year period be approved; 3.That Council authorize the Director, Finance & Treasurer to approve any additional scope changes that may be required to cover additional work to be completed, or which may be required to there being sufficient funding available; 4.That Council authorize the Director, Finance & Treasurer to fund the net project cost of $112,450.00 from the capital account (WBS C10600.1801.90); and, 5.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Carried 11.6 Director, Corporate Services & City Solicitor, Report LEG 03-23 Regulation of Short Term Rentals A question and answer period ensued between Members of Council and staff regarding: whether staff had look at the possibility of using a disturbance by-law to address concerns; mechanisms in place to turn over criminal wrongdoings to the DRPS; how staff would determine the areas that would permit Short Term Rentals (STR); whether there would be mechanism in place for a homeowner residing in an area where STRs were prohibited to list their home as a STR should they face a financial crisis; how renters would be required to acknowledge and agree to standards of behaviors; the maximum timeframe for a short-term rental; whether long term renters needed to abide by the standards of behaviors; who would be responsible for maintaining rental records and who would be verifying the identity of the renters; the process for accepting applications and the retention of those related records; - 24 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 25 the number of STR issues brought to the attention of the City; and, whether charges would be laid on the owner or the renter. Resolution #87/23 Moved by Councillor Pickles Seconded by Councillor Robinson That Report LEG 03-23 regarding the regulation of short term rentals be received for information. Note: The disposition of this matter was determined through the following referral motion Resolution #88/23 Moved by Councillor Cook Seconded by Councillor Nagy That Report LEG 03-23 be referred back to Staff to bring forward a revised work plan following the March 7, 2023 meeting with Durham Regional Police Services and that Staff report back at the March 27, 2023 Council Meeting. Carried Resolution #89/23 Moved by Councillor Brenner Seconded by Councillor Pickles That the order of the agenda be changed to hear Item 13, ‘By-laws’, and Item 14, ‘Confidential Council – Public Report’ as the next items of business. Carried 13.By-laws 13.1 By-law 7991/23 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the Official Plan of the City of Pickering, Region of Durham, for land at Part Lots 27 and 28, Concession 5, City of Pickering (A 04/22). - 25 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 26 13.2 By-law 7992/23 Being a by-law to regulate the operation and use of electric kick-scooters in the City of Pickering. 13.3 By-law 7993/23 Being a by-law to exempt Blocks 117, 177 and 178, Plan 40M-2632, from the part lot control provisions of the Planning Act. Resolution #90/23 Moved by Councillor Pickles Seconded by Councillor Cook That By-law Numbers 7991/23 through 7993/23 be approved. Carried 14.Confidential Council – Public Report Mayor Ashe stated that prior to the Regular Council Meeting, an In-camera session was held at 5:45 p.m. in accordance with the provisions of the Municipal Act and Procedure By-law 7665/18 to consider matters pertaining to the security of the property of the municipality, litigation including matters before administrative tribunals, affecting the municipality, and to receive advice that is subject t o solicitor-client privilege as it pertains to the Corporate Security Annual Report and an Appeal of Official Plan Amendment 38 to the OLT. 14.1 Confidential Memorandum from the Director, City Development & CBO, and Director, Corporate Services & City Solicitor Re: Council Direction Regarding Appeal of Official Plan Amendment 38 Decision City File: OPA 20-004/P City Initiated OLT File: OLT-22-004770 Resolution #91/23 Moved by Councillor Brenner Seconded by Councillor Pickles That, with respect to the appeals of Proposed Official Plan Amendment 38, (file OPA 20-004/P, initiated by the City of Pickering), the City respond, and that staff be directed to retain such external legal, planning and other consulting resources - 26 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 27 as are required to defend Council’s adoption of Amendment and of the Regional Commissioner of Planning & Economic Development’s decision to approve the Amendment (as modified) at the Ontario Land Tribunal. Carried Mayor Ashe noted that a recess would be in order in accordance with the City’s Procedure By-law to consider the remaining items of business on the Agenda at a future meeting date. Resolution #92/23 Moved by Councillor Brenner Seconded by Councillor Robinson That the Council Meeting of February 27, 2023 recess until 7:00 p.m. on March 8, 2023. Carried Council recessed at 12:52 a.m. on February 27, 2023 and reconvened at 7:00 p.m. on March 8, 2023. Mayor Ashe stated that at the February 27 th Council Meeting, a delegate had made disrespectful comments towards Councillor Nagy and stated that although he had condemned the behavior, he could have been more forceful in standing up for Councillor Nagy. He stated that in essence he had failed in h is responsibility to maintain decorum and civility and added that at the conclusion of the meeting he had apologized to Councillor Nagy and thanked Councillor Nagy for accepting the apology. Mayor Ashe advised that during the same evening a resident had emailed all of Council as they were troubled by what they had witnessed and expressed the need to maintain proper and respectful behavior at all times. Mayor Ashe noted that decorum and civility should be the foundation of the City’s public meetings and the need to have meaningful discussion with all viewpoints being considered. He stated that respect and civility should also be extended to staff as they deserved to be treated properly and pledged his commitment to uphold decorum in Council meetings. 12.Motions and Notice of Motions 12.1 Opposition to a Pickering Airport and Utilization of Resources - 27 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 28 A discussion and a question and answer period ensued between Members of Council and staff regarding: the need create, maintain, and protects jobs in agriculture to address climate change; the business case for an airport being nonexistent; the Paris Planet Agreement adopted in 2016 as a global effort to fight climate change; the City of Pickering achieving the #5 Milestone of the Partners for Climate Protection Program in 2015, City Council endorsing the Corporate Energy Management Plan in 2019, and making a public commitment to resilient development and long term climate action; an airport in Pickering displacing jobs and employm ent already in place in the agricultural job sector; the intent of the motion being to request that no additional resources be utilized to promote an airport in Pickering; the proposed motion not hindering the City’s chances of receiving a High Frequency Railway station in Pickering; a resolution being passed recently by the Region of Durham regarding a High Frequency Railway station in Durham Region; whether there was any consultation between City staff and Members of Council regarding the Notice of Motion; whether the Pickering Official Plan had a designation for an airport in Pickering; whether a reasonable person could come to a different conclusion on the KPMG study that was different from the Notice of Motion and the report by Land Over Landings; whether a reasonable person could come to a conclusion that the lack of support for an airport could affect the possibility of receiving a High Frequency Railway station in Pickering; Greater Toronto Airport Authority’s (GTAA) support for an airport in Pickering; whether the information from the 2017 KPMG report was outdated; and, the Notice of Motion being premature. Resolution #93/23 Moved by Councillor Nagy Seconded by Councillor Cook WHEREAS, in May 2016, Transport Canada awarded a contract to KPMG to undertake a Pickering Lands Aviation Sector Analysis to update the supply and - 28 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 29 demand forecasts of the 2010 Needs Assessment Study: Pickering Lands and to develop and assess type and role options for a future airport and provide an economic impact report; And Whereas, on October 10, 2017, Pickering Council passed Resolution #355/17 declaring that “the Federal Government be advised that the City of Pickering supports the development of an airport in Pickering, subject to the results identified in the Aviation Sector Analysis – Pickering Airport Study and the appropriate Environmental Assessments”; And Whereas, Toronto Pearson International’s current Master Plan, published in December 2017, stated that Pearson’s runway capacity would be “sufficient to 2037” without adding the already approved sixth runway; And Whereas, the KPMG analysis was completed in 2019 and the Supply and Demand analysis found that, for the study’s 2016-2036 planning horizon, “there will be sufficient capacity in the southern Ontario airports system … without the requirement to build a new airport”, and KPMG reached this conclusion without considering the effects of climate change and its future impacts on aviation; And Whereas, KPMG cautioned that there was “a significant level of unce rtainty” around scenarios that examined types of airports offering services other than commercial passenger services, that the scenarios were “exploratory in nature”, and that “conclusions cannot be drawn” from those exercises; And Whereas, on December 16, 2019, the Council of the City of Pickering endorsed a Climate Change Declaration resolution that undertook to “strive for a reduction in greenhouse gas emissions to reduce the local and global impacts of climate change”; And Whereas, then Transport Minister Marc Garneau wrote to Durham Regional Chair John Henry on March 25, 2020, to confirm KPMG’s finding of “no immediate need for additional airport capacity in the Greater Toronto Area” and that “any decision on the future of the Pickering Lands must be based on a sound business case…”; Now therefore it be it resolved: 1.That based on KPMG’s conclusion that a sound supply-and-demand business case could not be made for a Pickering airport up to 2036, and based on the City’s declared intention to reduce its greenhouse gas emissions, the Council for The Corporation of the City of Pickering does not support an airport on the Pickering Lands; and that no further resources - 29 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 30 and/or funds be utilized to promote an airport on the Pickering Lands; and that the City of Pickering continue to endorse support for a High Frequency Rail option with a station located in Green River as the preferred transportation network; and, 2.That this resolution be forwarded to the Minister of Transport Canada, Omar Alghabra, and to Pickering-Uxbridge MP O’Connell, as well as to MPs Anandasangaree, Carrie, Holland, Jaczek, Turnbull, and O’Toole; to Durham and York regional councils, and to Scarborough East councillors; and to the municipal councils of Ajax, Markham, Oshawa, Scugog, Stouffville, Uxbridge, Vaughan, and Whitby. Note: The disposition of this matter was determined through the following deferral motion Resolution #94/23 Moved by Councillor Robinson Seconded by Councillor Pickles That the Notice of Motion regarding an Opposition to a Pickering Airport and Utilization of Resources be deferred to the April 24, 2023 Council Meeting. Carried on a Recorded Vote as Follows: Yes Councillor Butt Councillor Pickles Councillor Robinson Mayor Ashe No Councillor Brenner Councillor Cook Councillor Nagy 12.2 North East Pickering Carruthers Creek Watershed – Seeking an Agreement from the Town of Ajax A discussion and question and answer period ensued between Members of Council and staff regarding: no one having contacted the Town of Ajax regarding whether their concerns pertaining to the Watershed on Carruthers Creek had been satisfied; the consultation that took place between staff and Members of Council with drafting the Notice of Motion; the level of involvement the Town of Ajax would have in the Secondary Plan; - 30 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 31 the wording of the Notice of Motion being unclear and how satisfaction of the Town of Ajax would be measured; whether the Town of Ajax had acted on the EAs of the Study they had undertaken with regards to the Carruthers Watershed; whether the motion was a reconsideration of Council Resolution #347/20 and whether a reconsideration of the motion would be in order as action had already been taken on the Council Resolution; whether the City was close to approving a Secondary Plan; whether the City had excluded its ability to implement an interim control by- law; and, whether there were other instances where municipalities required the approval of other municipalities. Resolution #95/23 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Council Resolution 347/20 pertaining to a Request for an MZO for Lands in North East Pickering (Veraine) was amended at the June 29th Meeting of Council to include a new Item 2(b); And Whereas, amendment Resolution 348/20 directed Staff to include the August Secondary Plan Strategy the ability to implement an interim control By-law prior to any approvals to ensure that the Town of Ajax is satisfied with any matters pertaining to the Watershed on Carruthers Creek; And Whereas, the direction of the Council has not been acted upon nor have any other options been put forward by the Staff from the City of Pickering to enable an agreement to be entered into with the Town of Ajax on this matter; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering requests: 1.The Town of Ajax to advise the City of Pickering if their concerns pertaining to the Watershed on Carruthers Creek have been satisfied and/or if they have entered into any agreement with Dorsay Pickering Limited and/or any other Landowners in North East Pickering as referenced in item 7.10 Correspondence 26-20; and, 2.That a Copy of this resolution be sent to the Town of Ajax, Durham Region and the Minister of Municipal Affairs. - 31 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 32 Carried on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Cook Councillor Nagy Councillor Robinson No Councillor Butt Councillor Pickles Mayor Ashe 12.3 Durham Meadoway Enhancements and Amendments A discussion and question and answer period ensued between Members of Council and staff regarding: the Durham Meadoway being a good opportunity for Pickering; whether staff were also providing comments and suggestions to the Region regarding the Durham Meadoway and the need for the comment submission to include both the staff’s comments and the Notice of Motion; materials that would be used for an artificial ice-skating trail; who would be absorbing the cost of the Project; and, how the input of other municipalities would affect the vision of the Project. Resolution #96/23 Moved by Councillor Brenner Seconded by Councillor Robinson WHEREAS, the Durham Meadoway is a proposed active transportation corridor and greenspace connecting Rouge National Urban Park in the City of Pickering to Simcoe Street in the City of Oshawa; And Whereas, the Durham Meadoway will connect four municipalities along 27 kilometres of the Gatineau Hydro Corridor; And Whereas, the City of Pickering is a Municipal/Community Stakeholder; And Whereas, the Visioning Study to create the Durham Meadoway will identify enhancements and amenities that will help foster a distinct sense of place and make the multi-use path easier and more comfortable to use; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering makes the following recommendations to Durham Region for inclusion in the Durham Meadoway: 1.Low level non-intrusive lighting along the Multi Use Trail System; - 32 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 33 2.Rest Stations situated along the Multi Use Trail System; 3.Artificial Ice Surface Skating Trail to be located in either Segment 1 or 2; and, 4.That a copy of this resolution be forwarded to Alia Tulloch, Transportation and Planning, Region of Durham and Staff to be included in the City’s complete comments submission to the Region of Durham. Carried It was the consensus of Council to take a short recess. Council recessed at 8:18 p.m. and reconvened at 8:26 p.m. 12.4 Community Inclusion Lab – Modernizing Civic Engagement Through Innovation Practice A discussion and question and answer period ensued between Members of Council and staff regarding: the Notice of Motion providing an opportunity to work with a number of individuals from the community and organizations; whether there would be any costs associated with the creation of a T hink Tank and the need to for staff to investigate the Notice of Motion and report back on the matter; the process for creating a committee under the City’s current policies and the need for more information on the initiative; and, how this body would fit into current plans and initiatives underway at the staff level such as the City’s Strategic Plan. Resolution #97/23 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, the City of Pickering is committed to a process of collaboration and consultation to build a City that works for all; And Whereas, community engagement is one of Pickering’s highest priorities as it increases transparency and accountability; promotes inclusiveness and diversity; improves decision-making; enhances civic engagement; and strengthens trust between residents and City Hall; - 33 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 34 And Whereas, to achieve an inclusive framework enabling residents to be involved it is imperative to remove all barriers; And Whereas, the goal of a Community Inclusion Lab (CIL) is to extend the benefits of insight and innovation processes to find creative new ways to engage communities, tap into their knowledge and experience, promote exceptionally high quality of experience and build civic pride; And Whereas, the CIL can be a modernization mechanism for reaching deeply into our diverse communities to engage, understand, mobilize and respond to a range of diverse issues; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering takes the following actions: 1.Appoint Deputy Mayor Brenner to lead a Think Tank through the creation of a Community Inclusion Lab; 2.And that Pickering Resident Dave Sora be appointed to act as Co-Lead; 3.And that the Think Tank will draw upon a range of Community Reso urces to garner their expertise; 4.Will collaborate with the Division Head, Public Affairs & Corporate Communications; and, 5.Will report back to Council no later than end of Q3 on the status of the work of the Think Tank. Lost on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Cook Councillor Nagy No Councillor Butt Councillor Pickles Councillor Robinson Mayor Ashe 12.5 Veterans Flag Raising A discussion and a question and answer period ensued between Members of Council and staff regarding: how many flag poles were at the cenotaph; - 34 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 35 whether the Canadian flag and the veterans flag would be flown for all of November; whether the Legion was consulted on the Notice of Motion; clarification on the timing for flying the poppy flag and the flag for Truth and Reconciliation; and, concerns from community groups that Council based motions override traditional processes where requests are made directly by community groups. Resolution #98/23 Moved by Councillor Robinson Seconded by Councillor Brenner WHEREAS, the Legion inspires Canadians to remember those who made the ultimate sacrifice for our country; And Whereas, a Veterans flag dedicated to honoring those who served, those whom paid the ultimate sacrifice, and those who continue to serve today deserve to be recognized throughout the entire month of November; And Whereas, The Corporation of the City of Pickering has flag-raising ceremonies at the Civic Complex designating given periods of time to recognize the efforts and commitments of an individual, event or organizati on that enhances our community; And Whereas, on the last Friday in October, a Poppy flag is raised to create awareness of the Legions Poppy Campaign raising funds to support Veterans and their families in need; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering direct through the Office of the CAO an amendment to the policy of flag raising to include: 1.The Legions Poppy Campaign flag raising from the last Friday in October until after the Remembrance Ceremony; 2.The raising of a Veterans flag immediately following the lowering of the Poppy Campaign flag to be flown at the Cenotaph until Sunset on the 30 th day of November each year; and, 3.To come into effect October 2023. Carried Unanimously on a Recorded Vote - 35 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 36 12.6 Public Disclosure of Address A discussion and a question and answer period ensued between Members of Council and staff regarding: the Notice of Motion intending to protect the privacy of delegates and delegates still being required to provide their contact information at the time of registration; whether written correspondence placed on public agendas excluded the address of the correspondent; whether the Notice of Motion required an amendment to the City’s Procedure By-law; the need for residents to identify whether they were Pickering residents; whether delegates were still able to identify their address should they wish to do so; and, whether Council could still clarify with the individual on where they live within the City generally. Resolution #99/23 Moved by Councillor Robinson Seconded by Councillor Brenner WHEREAS, open and unfettered access to Municipal government is a vital aspect of local democracy; And Whereas, The Corporation of the City of Pickering requires delegates to disclose personal information about their home address within their delegation; And Whereas, no mechanism is in place to protect access to this information; And Whereas, disclosing delegates home addresses during an open forum is a matter of public safety and security; And Whereas, The Corporation of the City of Pickering has a responsibility to prevent delegates from being in danger and/or causing them undue stress as a result; And Whereas, delegation addresses become part of the public record; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO to stop the practice of requiring delegations to publicly disclose their home address during their delegation. - 36 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 37 Carried 12.7 Urban Farming A discussion and a question and answer period ensued between Members of Council and staff regarding: the City of Toronto having a similar pilot project; the City’s exotic animal by-law prohibiting chicken raising and whether enforcement would be waived during the pilot project; the possibility for the Notice of Motion to create conflict between neighbours; concerns regarding coyotes and other animals being drawn into communities; the staff report on the matter needing to provide information on identifying the pilot locations, engagement opportunities, health, safety and inspections, and an update on the City of Toronto’s pilot project Resolution #100/23 Moved by Councillor Robinson Seconded by Councillor Brenner WHEREAS, The Corporation of the City of Pickering promotes itself as becoming one of the most sustainable cities in Canada; And Whereas, rising inflation and grocery prices are affecting the food choices of families making healthy food inaccessible; And Whereas, poor nutrition ultimately affects one’s overall health putting a burden on our healthcare system; And Whereas, supplying families with nutritious eggs raised without hormones and antibiotics at a low cost; And Whereas, chickens eat grass clippings and food scraps thereby reducing waste; And Whereas, looking after hens makes staying at home enjoyable and helps educate children about chicken farming; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO to consult with stakeholders regarding the implementation of an Urban Farming pilot project for the enjoyment - 37 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 38 of Urban backyard egg production only and Urban Farming to include Vertical Farming, and Urban Farming to include Vertical Farming, and that staff report back to Council no later than the end of Q2. Carried 12.8 Implementation Office of Affordability A discussion and question and answer period ensued between Members of Council and staff regarding: the need for a quantitative definition for affordable housing; the challenges posed by the current housing market and amendments to provincial legislation; the proposed staffing model; social and affordable housing being under the Region’s jurisdiction and concerns regarding the overlapping of similar work that the Region m ay be undertaking; ensuring that the City does not take a lead role on the purchase or building of affordable housing; holding the developers responsible for affordable housing; and, the Region not having a clear definition of affordable housing and how the Notice of Motion would affect the Region. Resolution #101/23 Moved by Councillor Brenner Seconded by Councillor Nagy WHEREAS, resolution #790/22 gave direction for Planning and Development “To consider adding a dedicated function similar to an Office of Affordability, within the City, the scope of work which include implementing the Pickering Housing Strategy & Action Plan 2021–2031, December 22, 2021”; And Whereas, one of the key priorities for residents of Pickering and the Government of Ontario is the obtainability and accessibility of affordable housing; And Whereas, recent changes to Legislation by the Province of Ontario will result in the City of Pickering experiencing unprecedented growth with little to no guarantees that it will achieve affordability options for first-time homeowners, families and older adults; - 38 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 39 And Whereas, the lack of affordable and sustainable housing have reached a crisis in our City, across Durham Region and the GTHA; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs the following: 1.That an Office of Affordability (OA) be created within the City Development Department; 2.That the role of the OA include but not be limited to (a) research and recommend a definition for housing affordability in the City of Pickering (b) be the subject expert/resource for all available programs/funding opportunities from all levels of government that can assist developers/builders to achieve affordability (c) review and comment on all applications to the City Development Department under the affordability lens; 3.That the Director of City Development be directed through the Office of the CAO to develop a staffing model that will ensure it is sufficiently staffed and same be included in the 2023 Current Budget for implementation no later than Q3; and, 4.That the Director of Finance work with the Director of City Development to amend the fee formula for processing applications by City Development to reflect the operating cost for the OA. Carried Unanimously on a Recorded Vote 15.Other Business 15.1 Councillor Butt gave notice that he would be bringing forward a Notice of Motion regarding the financial needs for the victims of Turkey and Syria. 15.2 Councillor Robinson stated that the prior notice she had given for a Notice of Motion regarding Tree preservation on private property would also include the protection of urban forests and address maximum pavement coverage on private properties. 15.3 Councillor Robinson gave notice that she would be bringing forward a Notice of Motion regarding increasing the current minimum radius notification for planning applications. - 39 - Council Meeting Minutes February 27, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 40 15.4 Councillor Robinson gave notice that she would be bringing forward a Notice of Motion on making public consultation processes more accessible by removing the requirement to input certain pieces of personal information on surveys. 15.5 Mayor Ashe spoke to the number of notice of motions brought forward and the need for collaboration with staff for their input and added that lengthy meetings were not sustainable. Discussion ensued regarding the possibility of including a question and answer period with staff at the end of meetings in the Procedure By-law and more effective methods of circulating correspondence to Council, and notices of motion so that Members were aware of them prior to the publication of the agenda . 16.Confirmation By-law By-law Number 7994/23 Councillor Brenner, seconded by Councillor Robinson moved for leave to introduce a By- law of the City of Pickering to confirm the proceedings of February 27, 2023. Carried 17.Adjournment Moved by Councillor Butt Seconded by Councillor Nagy That the meeting be adjourned. Carried The meeting adjourned at 9:53 p.m. Dated this 8th of March, 2023. Kevin Ashe, Mayor Susan Cassel, City Clerk - 40 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 1 Present: Mayor Kevin Ashe Councillors: M.Brenner S.Butt L. Cook M.Nagy D.Pickles L.Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -Fire Chief S.Douglas-Murray - Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk J. Halsall -Division Head, Finance C. Rose -Chief Planner D. Jacobs -Manager, Policy & Geomatics J. Litoborski -(Acting) Manager, Municipal Law Enforcement Services C. Whitaker -Manager, Sustainability & Strategic Environmental Initiatives J. McMullen -Supervisor, Geomatics R. MacKay -Supervisor, Parking Enforcement R. Perera -Deputy Clerk M. Uzelac -Supervisor, Application Development & Support M. Edmond -Coordinator, Sustainability K.Gagen -Coordinator, Environmental Engagement G.Buttrey -Network Security Administrator 1.Roll Call - 41 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 2 The City Clerk certified that all Members of Council were present and participating in- person. 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 Simon Gill, Director, Economic Development and Tourism, Regional Municipality of Durham Re: Durham Region’s New Economic Development Strategy & Action Plan -Ready Set Future - A PLACE Blueprint for Durham Simon Gill, Director, Economic Development and Tourism, Regional Municipality of Durham, appeared before the Committee to speak to Durham Region’s new Economic Development Strategy & Action Plan. Through the aid of a PowerPoint presentation, Mr. Gill spoke to the vision of the Plan and its encompassing five aspirations being people, location, acceleration, creativity, and enablers. He further spoke to the eight economic growth principles being collaboration, talent, distinct identity through culture, vibrant, financially attainable downtowns, diversity, equity and inclusion, climate emergency responses, innovation, and infrastructure and investment readiness. Mr. Gill concluded his presentation by speaking to the five-year goals of the long-term aspirations identified in the Plan and its priority clusters. A question and answer period ensued between Members of the Committee and Mr. Gill regarding: whether an airport in the City of Pickering would be an economic driver and what type of airport would be a priority for the Region; clarification regarding the partnership between a single tier municipality, upper tier municipality, and Global Toronto as it pertains to attracting businesses; how much food was locally grown in Durham Region and whether the food was exported or used locally; whether the Region was advocating for a High Frequency Railway stop in Pickering and the benefits of having such a Railway; whether a High Frequency Railway station would be at the same priority level as an airport; whether the Region was actively marketing the Seaton innovation corridor; and, the need for resource sharing between the City and the Region as the City embarks on its strategic plan. - 42 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 3 3.2 Lynn Jeffs, Gems for Gems Hope's Cradle Re: Request for a Hope’s Cradle Safe Baby Surrender System to be Incorporated into Fire Hall No. 2 Lynn Jeffs, Gems for Gems Hope's Cradle, appeared before the Committee to request for a Hope’s Cradle Safe baby surrender system to be incorporated into Fire Hall # 2. Through the aid of a PowerPoint presentation, Ms. Jeffs stated that Hope’s Cradle was an initiative to support mothers in crisis and save infants from unsafe abandonment and provided numerous reasons as to why fire stations were the ideal location for such an initiative. She added that there were two other Hope’s Cradles in Canada and that they were both situated in fire stations. Ms. Jeffs spoke to a meeting with Mayor Ashe and Fire Chief Boyd regarding the incorporation of a Hope’s Cradle into Fire Station #2 as part of its planned expansion, which was budgeted for 2023. She discussed the people who may utilize the resource including young girls who become pregnant and would face abandonment themselves if discovered, victim s of human trafficking, women trapped in abusive relationships, rape victims, and anyone who felt overwhelmed and unable to raise their baby. She provided additional information on the mother’s and the baby’s experience with the initiative, statistics regarding the number of babies abandoned per year, Canadian laws surrounding infant abandonment, and associated costs with the initiative. A question and answer period ensued between Members of the Committee and Ms. Jeffs regarding: whether the delegate was looking for Council approval to include a line item in the 2023 budget for the initiative; whether the service would be available to mothers both within and outside the geographical area of Pickering; the process for intaking the infant once the mother ha d left the fire hall; whether there was a process in place to reunite a mother with her baby; whether the organization had any experience with an open-door policy where a mother could surrender her baby without any questions being asked; the statistics pertaining to mothers returning for their babies after abandonment and the number of babies being abandoned in Durham Region; whether there were support systems in place for young women with unwanted pregnancies; the manner in which the initiative would be advertised and whether it would encourage women to abandon their babies; - 43 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 4 the number of women caught in human trafficking or abusive relationship that end up with a pregnancy; the process that would be initiated should an infant show signs of abuse at drop off; and, whether there was a process in place for fathers to reunite with their baby if the baby was abandoned without their knowledge. 4.Matters for Consideration 4.1 Director, Corporate Services & City Solicitor, Report BYL 02-23 Waterfront Permit Parking Review A question and answer period ensued between Members of the Committee and staff regarding: clarification regarding which non-residents were currently able to park at no cost in the area; clarification regarding veterans and individuals with a disability being able to park for free and why consideration was not given to all seniors who were 65 years of age and older; whether both Cliffview Road and Essa Crescent residents were consulted on whether they wanted to be part of the paid permit parking system; clarification regarding the timelines of the workplan and providing communication to residents in Essa Crescent regarding the permit parking system; how the free digital guest parking system would work; the process that would unfold when a resident forgets to register their vehicle for free parking; the number of residents who registered their vehicle for free parking in 2022; how staff would be able to identify the age of a visitor to ensure that they were 65 years of age or older; and, the particulars of Toronto and Ajax’s policy for non-residents who were 65 years of age or older. Recommendation: Moved by Mayor Ashe Seconded by Councillor Butt 1.That Report BYL 02-23 regarding the Waterfront Permit Parking Review be received; - 44 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 5 2.That the streets outlined on the attached map (Attachment 1) be approved as the waterfront permit parking area effective May 1, 2023, and that Traffic and Parking By-law 6604/05 be amended accordingly; 3.That the waterfront permit parking hourly rate be changed from $5.00 to $2.50 per hour, Monday to Friday, 9:00 am to 5:00 pm, and that General Municipal Fee By-law 6191/03 be amended accordingly; 4.That, in addition to the two hour free parking already allowed in the Liverpool Road lay-by spaces, two hour free parking be allowed Monday to Friday from 9:00 am to 5:00 pm within the waterfront permit parking area except for Beachpoint Promenade, Front Street and the municipally operated waterfront parking lots; 5.That Council direct staff to implement a free digital guest parking pass system for residents parking in the waterfront permit parking area; 6.That free resident waterfront parking permits issued after the date of this Report be valid for a period of two years; 7.That a non-resident senior (age 65 years and older) waterfront parking permit be introduced for a fee of $80.00 per year plus HST, and that the General Municipal Fee By-law 6191/03 be amended accordingly; 8.That Council direct staff to implement a physical free parking pass to be provided to resident seniors (age 65 years and older) who do not own or operate a vehicle, to allow them to be driven to the waterfront without incurring parking costs; 9.That pre-budget approval be provided in the amount of $15,000.00 plus applicable HST for the purchase and installation of a WiFi hub in each of the three municipally operated waterfront parking lots, to enable cellphone users without data plans to use the HotSpot Parking App to make parking payments, and this cost be included in the 2023 Budget for account 10425.502260.0000; 10. That pre-budget approval be provided in the amount of $17,000.00 plus applicable HST for the purchase and installation of additional signage, public engagement and communication campaign, programming costs, and for changes to the HotSpot App to implement the recommendations set out in this Report, and this cost be included in the 2023 Budget for account 10425.502260.0000; - 45 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 6 11. That, as part of the public engagement and communication campaign, staff be directed to work with Nautical Village businesses to enable the businesses to assist their customers with registration for parking sessions; 12. That Council direct staff to conduct consultation with residents of Essa Crescent to determine if that street should be added to the waterfront permit parking area in the 2024 season and that staff report back to Council in Q1 2024; 13. That the draft amending By-laws (Attachments 2 and 3 to this Report) be enacted to give effect to Recommendations 3, 4, and 7 above; and, 14. That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to the recommendations in this report. Carried Later in the Meeting (See Following Motion) Moved by Councillor Brenner Seconded by Councillor Cook That Item 7 of the main motion be amended to read as follows: That non-resident seniors, age 65 years and older, be permitted to park at no cost at the waterfront. Carried on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Cook Councillor Nagy Councillor Robinson No Councillor Butt Councillor Pickles Mayor Ashe The Main Motion, as amended, was then Carried Unanimously on a Recorded Vote 4.2 Director, Corporate Services & City Solicitor, Report BYL 04-23 Noise Control By-law Review and Update A question and answer period ensued between Members of Committee and staff regarding: - 46 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 7 whether a nuisance by-law would be presented at the May 23, 2023 Council Meeting; the need for the work pertaining to the Report to come back to a future Executive Committee meeting; whether the amendment could come forward at the March 27, 2023 Council meeting for consideration and whether the amendment would delay the public consultation component of the staff recommendation; and, clarification regarding the rationale behind removing barking dogs from the Noise Control By-law. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1.That Report BYL 04-23 regarding the Noise Control By-law review and update be received; 2.That staff be directed to proceed with public consultation to obtain feedback from residents regarding the City’s Noise Control By-law 6834/08 and the changes to it that are proposed in this Report; 3.That staff be directed to report back to Council in October, 2023 with the results of the public consultation and a draft new Noise Control By-law for Council’s consideration; and, 4.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Carried Later in the Meeting (See Following Motion) Moved by Councillor Brenner Seconded by Mayor Ashe That the main motion be amended by adding the following as a new Item 4 and the recommendation renumbered accordingly: That notwithstanding Recommendation Item 3, that staff also report back to the May 1, 2023 Executive Committee Meeting with recommendations regarding short term enhancements to the Nuisance and Noise Control By-laws to address nuisance issues encountered in the City. Carried Unanimously on a Recorded Vote - 47 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 8 The Main Motion, as amendment, was then Carried Unanimously on a Recorded Vote 4.3 Director, Engineering Services, Report ENG 02-23 Municipal Bridge Maximum Gross Vehicle Weight Restrictions -By-law to establish load limits for certain bridges under the jurisdiction of the City of Pickering Recommendation: Moved by Mayor Ashe Seconded by Councillor Brenner 1.That the attached draft By-law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of The Corporation of the City of Pickering be enacted; and, 2.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 04-23 Statement of the Treasurer Respecting 2022 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Recommendation: Moved by Mayor Ashe Seconded by Councillor Brenner It is recommended that Report FIN 04-23 regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2022 be received for information Carried 4.5 Fire Chief, Report FIR 01-23 Supply and Delivery of a Fire Pumper Rescue Replacement Proposal No. RFP2022-7 - 48 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 9 Recommendation: Moved by Mayor Ashe Seconded by Councillor Brenner 1.That RFP No. RFP2022-7 submitted by Dependable Truck & Tank Limited for the supply and delivery of a Fire Pumper Rescue Apparatus in the amount of $1,262,486.00 plus HST be accepted; 2.That the total gross project cost of $1,550,909.00 (HST included) and the total net project cost of $1,396,642.00 (net of HST rebate) be approved; 3.That the Director, Finance & Treasurer be authorized to finance the total net project cost in the amount of $1,396,642.00 as follows: a)the sum of $1,200,000.00 from the previously approved 2022 Capital Budget be increased to $1,390,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 15 years; b)the sum of $6,642.00 be funded from property taxes; c)the annual debenture repayment charges in the amount of approximately $156,493.00 be included in the annual Current Budget for the City of Pickering commencing 2023, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid; d)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 draft By-law attached to this report be enacted; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.6 Director, Operations, Report OPS 04-23 Residential Sidewalk and Driveway Windrow Snow Clearing Review A question and answer period ensued between Members of the Committee and staff regarding: - 49 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 10 clarification regarding how the number of snow events was determined to be ten; whether any of the trucks proposed to be acquired through Reports OPS 05-23, OPS 06-23, and OPS 07-23 were capable of clearing snow on streets and windrows; the number of snow events per year that would result in a significant windrow; whether the City had the proper type of equipment to clear the windrows; the number of municipalities that cleared the windrows in Ontario; whether the clearing of windrows through different techniques could delay the clearing of roads; the tax levy increase associated with the in-house option and whether this would affect all taxpayers in Pickering; how the casino revenues were being used by the City and the impact to other Projects and the gaps that could be created in the operating budget should the casino revenues be used for operational needs such as snow clearing; whether there was a cap for the senior snow clearing program; whether staff were familiar with the Mississauga snow clearing program; how the seniors snow clearing program could be expanded; and, ensuring that staff were trained to leave only a small amount of snow in the driveway windrow. Councillor Robinson relinquished the Chair to Mayor Ashe. Recommendation: Moved by Mayor Ashe Seconded by Councillor Brenner That Report OPS 04-23 regarding Residential Sidewalk and Driveway Windrow Snow Clearing Review be received for information. Carried Councillor Robinson resumed the Chair. 4.7 Director, Operations, Report OPS 05-23 Quotation No. Q2022-35 -Supply and Delivery of Three ¾ Dump Trucks with Up-fitting - 50 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 11 A question and answer period ensued between Members of the Committee and staff regarding: whether any of the trucks were similar to the truck that was used on route 7 which had to be pulled out of the snow during the recent snowstorm; whether the plow trucks carried sand as a mechanism to weigh down the truck; the number of large trucks and the number of small trucks currently owned by the City; how the majority of the trucks were funded; and, how the fleets were replaced and whether there was a sufficient number of spare replacement fleets available. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1.That Quotation No. Q2022-35 submitted by East Court Ford Lincoln, in the amount of $286,765.00 (HST excluded) be accepted; 2.That the total gross project cost of $324,044.54 (HST included), and the total net project cost of $291,812.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $291,812.00, the sum of $245,000.00 to be funded from the Vehicle Replacements Reserve as approved in the 2021 and 2022 Capital Budgets be increased to $291,812.00; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.8 Director, Operations, Report OPS 06-23 Supply & Delivery of Five 1 Ton Trucks -Quotation No. Q2022-34 Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt - 51 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 12 1.That Quotation No. Q2022-34 submitted by Blue Mountain Chrysler Ltd. in the amount of $555,397.00 (HST excluded) be accepted; 2.That the total gross project cost of $627,598.61 (HST included) and the total net project cost of $565,172.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $565,172.00 as follows: a)The sum of $240,000.00 to be funded from DC - Other Services related to a Highway as approved in the 2021 Capital Budget be increased to $273,142.00; b)The sum of $230,000.00 to be funded from Vehicle Replacement Reserve Fund as approved in the 2021 Capital Budget be increased to $292,030.00; and, 4.That the appropriate City of Pickering officials be authorized t o take the necessary action to give effect hereto. Carried 4.9 Director, Operations, Report OPS 07-23 Request to Single Source One 1 Ton Truck with Service Body Replacement Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1.That, in accordance with Section 09.03 (g) of the Purchasing Policy wherein The Manager is authorized to make single or sole source purchases without competitive bids and enter into a contract if due to market conditions or unexpected circumstances, required goods or services are in short supply, the purchase of One 1 Ton Truck with Service Body Replacement for unit #795 (2014 Ford) submitted by Paramount Truck Sales in the amount of $177,300.00 (HST excluded), be accepted ; 2.That the total gross quotation cost of $200,349.00 (HST included), and the total net project cost of $180,420.00 (net of HST rebate) be approved; - 52 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 13 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $180,420.00, as provided for in the 2021 and 2022 Capital Budgets as follows: a)The sum of $175,000.00 to be funded from the Vehicle Replacement Reserve as approved in the 2021 and 2022 Capital Budgets be increased to $180,420.00; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 4.10 Director, City Development & CBO, Report PLN 07-23 Corporate GIS Strategic Plan David Holdstock, Chief Executive Officer, Geographic Technologies Group (GTG), appeared before the Committee via electronic connection to present the Corporate GIS Strategy. Through the aid of a PowerPoint presentation, Mr. Holdstock provided a summary of the phases of the GIS Strategic Planning process and the six pillars of GIS sustainability being GIS governance, GIS digital data and databases, procedures, workflow and integration, GIS software, infrastructure, and GIS training, education, and knowledge transfer. Mr. Holdstock then spoke to the six goals of the strategy being an effective GIS governance model, maintaining accurate and reliable GIS data and databases, developing, promoting effective, efficient, and innovative use of GIS software, maintaining enterprise IT infrastructure to support GIS, and implementing GIS training, education, and knowledge transfer. A question and answer period ensued between Members of the Committee and Mr. Holdstock regarding: how the program was being promoted to residents and how residents were being engaged; where the database would be located; the next steps as it relates to training of staff in the project’s five year plan; whether all of the City’s databases would be combined into one central database and whether there was public consultation conduc ted on the centralized database; and, whether the Federal Government could gain access to the centralized database. Recommendation: - 53 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 14 Moved by Mayor Ashe Seconded by Councillor Nagy 1.That the Corporate Geographic Information System (GIS) Strategic Plan prepared by Geographic Technologies Group (GTG) dated December 7, 2022, and provided as Appendix I to Report PLN 07-23, be endorsed in principle; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No Councillor Robinson 4.11 Director, City Development & CBO, Report SUS 02-23 City of Pickering Environmental Schools Grant -Results of the 2022 Funding Recommendation: Moved by Mayor Ashe Seconded by Councillor Nagy That Report SUS 02-23 regarding the City of Pickering Environmental Schools Grant be received for information. Carried 4.12 Director, City Development & CBO, Report SUS 03-23 Re-examination of Diabetes Canada Textile Drop Box Initiative -Council Resolution #223/20 Recommendation: Moved by Mayor Ashe Seconded by Councillor Nagy - 54 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 15 1.That Report SUS 03-23 regarding the Diabetes Canada Textile Drop Box Initiative be received; 2.That the City of Pickering does enter into a partnership agreement with Diabetes Canada for a Textile Drop Box Initiative and that staff be directed to draft a partnership agreement for Council’s consideration that includes: i.a one-year pilot project whereby Diabetes Canada Textile Drop Boxes will be installed on the following three City of Pickering properties: i) the southeast corner of the South Esplanade municipal parking lot; ii) the southwest side of the gravel arena parking lot at Chestnut Hill Developments Recreation Complex; and iii) Dunmoore Park; and, ii.that staff be directed to report back to Council in Q2 2024 with results of the pilot project and provide recommendations for next steps; 3.That staff be directed to develop and implement a community education and outreach program pertaining to textile diversion within the City of Pickering; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 5.Other Business 5.1 Moved by Councillor Brenner Seconded by Councillor Cook That the Fire Chief be directed to work with Lynn Jeff's regarding participation in the Hope's Cradle Safe Baby Surrender Program as part of the Fire Station No. 2 renovation and report back to Council at the March 27th Council Meeting with the program particulars and request for funds to be included in the 2023 budget. Carried 5.2 Councillor Brenner gave notice that he would be bringing forward a Notice of Motion regarding a review of the seniors and persons with disability snow removal program. - 55 - Executive Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Robinson 16 5.3 Councillor Pickles gave notice that he would be bringing forward a Notice of Motion regarding making blue box exchanges more readily available. 5.4 Councillor Pickles gave notice that he would be bringing forward a Notice of Motion regarding the builders of commercial plazas and the interim use or lease of their buildings for the delivery of youth and senior programing. 5.5 Councillor Robinson inquired about the status of the direction provided in the previous Term of Council pertaining to the right of access to abutting properties. Paul Bigioni, Director, Corporate Services & City Solicitor, advised that the former Term of Council had voted against the subject matter in 2020 and stated that he would share previous Council direction and Reports with Councillor Robinson. 6.Adjournment Moved by Councillor Nagy Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 5:41 p.m. - 56 - Planning & Development Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Brenner 1 Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Cassel -City Clerk C. Rose -Chief Planner N. Surti -Manager, Development Review & Urban Design R. Perera -Deputy Clerk C. Morrison -Principal Planner, Development Review 1.Roll Call The City Clerk certified that all Members of Council were present and participating in- person. 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 Michael Testaguzza, Partner, The Biglieri Group Ltd. Michael Dowdall, Director of Traffic, T.Y. Lin International Emma Abramowicz, Senior Project Manager, ERA Architects Re: Report PLN 06-23 Official Plan Amendment OPA 20-008/P Zoning By-law Amendment Application A 13/20 Brock and Kingston Holdings Inc. 1970 Brock Road - 57 - Planning & Development Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Brenner 2 Michael Testaguzza, Partner, The Biglieri Group Ltd., appeared before the Committee to speak to Official Plan Amendment OPA 20-008/P and Zoning By- law Amendment application A 13/20 and stated that Michael Dowdall, Director of Traffic, T.Y. Lin International, and Emma Abramowicz, Senior Project Manager, ERA Architects, were also present via audio connection. Through the aid of a PowerPoint presentation, Mr. Testaguzza provided an overview of the subject lands, planning policy framework, and provided details of the proposed development. He stated that the proposed development was to construct a 30 storey tower, a 12 storey mid-rise building, 52 four storey stacked townhomes and that the proposal would include 1,825.50 square meters of commercial use space. He further provided details regarding the relocation of the Post Manor to the corner of Kingston Road and Brock Road to maintain its visibility as a landmark in the City. He also added that the permitted land uses on the subject lands was very broad and that his client was interested in including an art gallery on the site and requested this be added to the draft by-law prior to Council approval. A question and answer period ensued between Members of Committee and Mr. Testaguzza, Mr. Dowdall, and Ms. Abramowicz regarding: information regarding the significant changes that were made to the application since its original submission; the types of land uses that would be permitted on the lands; whether the dead trees currently on the site would be replaced; information regarding the access points to the site; whether the existing tree line would provide privacy to the area residents; how the parking lot located to the south of the Post Manor would be redesigned and whether there was sufficient parking on the site; whether the relocation of the heritage building would be permanent and the age of the heritage building; ensuring that the heritage building was not damaged during construction; whether the traffic concerns expressed by nearby residents had been addressed; whether the site would have electric vehicle charging stations; the type of amenities that would be availab le on the site; and, whether the applicant was agreeable to using the Post Manor for an art gallery. 4.Planning & Development Reports 4.1 Director, City Development & CBO, Report PLN 05-23 Zoning By-law Amendment Application A 10/22 City Initiated - 58 - Planning & Development Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Brenner 3 2570 Tillings Road A brief question and answer period ensued between Members of the Committee and staff regarding: the current status of the site plan approval process and whether there were any issues related to the site plan approval; the current status with placing the subject lands for sale and whether the City would negotiate directly with the School Board on the purchase and sale agreement; whether it was appropriate to announce the future opening of the school; and, clarification regarding the permitted uses for OS zoned lands. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt That Zoning By-law Amendment Application A 10/22, initiated by the City of Pickering, to rezone the lands at 2570 Tillings Road to permit a public elementary school and a public park, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 05-23, be finalized and forwarded to Council for enactment. Carried 4.2 Director, City Development & CBO, Report PLN 06-23 Official Plan Amendment OPA 20-008/P Zoning By-law Amendment Application A 13/20 Brock and Kingston Holdings Inc. 1970 Brock Road A brief discussion period ensued between Members of the Committee regarding: preservation of the heritage building on site and the need to preserve other heritage buildings in the City; the changes that were done to the application since its origin al submission; and, incorporation of the heritage history into the proposed development and the inclusion of an art gallery in the permitted uses under the Zoning By-law prior to it coming to Council for approval. Recommendation: - 59 - Planning & Development Committee Meeting Minutes March 6, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Brenner 4 Moved by Councillor Butt Seconded by Councillor Cook 1.That Official Plan Amendment Application OPA 20 -008/P, submitted by Brock and Kingston Holdings Inc., to add a site-specific policy for the lands located at the northwest corner of Brock Road and Kingston Road, to permit a minimum net residential density of over 80 units per hectare and no maximum density, and increase the maximum permitted Floor Space Index (FSI) to 4.4 to facilitate a high-density, mixed-use development, be approved, and that the draft by-law to adopt Amendment 47 to the Pickering Official Plan, as set out in Appendix I to Report PLN 06 -23, be finalized and forwarded to Council for enactment; and, 2.That Zoning By-law Amendment Application A 13/20, submitted by Brock and Kingston Holdings Inc., to permit a high-density, mixed-use development consisting of a 30 and 12-storey building connected by a 6- storey podium containing a total of 623 residential units; 52, 4 -storey stacked townhouse units, and approximately 1,800 square metres of commercial space at grade, located at the northwest corner of Brock Road and Kingston Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 06-23, be finalized and forwarded to Council for enactment. Carried 5.Other Business There was no other business. 6.Adjournment Moved by Councillor Cook Seconded by Councillor Nagy That the meeting be adjourned. Carried The meeting adjourned at 7:47 pm. - 60 - Corporate Services Department Legislative Services The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1H 3Z7 Phone 905∙436∙3311 1∙800∙667∙4292 Fax 905∙436∙5697 www.oshawa.ca File: 3-5 March 7, 2023 DELIVERED BY E-MAIL (ukrconstoronto@gmail.com) Oleksandr Shevchenko Consulate General of Ukraine in Toronto Taras Bahriy, President Ukrainian Canadian Congress Ontario Provincial Council Re: Consulate General of Ukraine in Toronto Requesting Support for Ukraine’s Energy Infrastructure This is in response to your correspondence of January 10, 2023 to Oshawa City Council concerning the above-referenced matter. At its meeting of February 27, 2023, City Council adopted the following resolution: “Whereas the City of Oshawa has provided support of Ukraine and the Ukrainian people during this difficult time of defending their homeland against the Russian invasion; and, Whereas the Consulate General of Ukraine and Ukrainian Canadian Congress Ontario Provincial Council has requested support through the provision of generators to ease the pressure on Ukraine’s electric grid; Therefore be it resolved that the Council of the City of Oshawa donate ten thousand dollars ($10,000) for the purchase of generators and that the funds be taken from the Inter Government Relations Account; and, That the Mayor, Members of Council and the Economic Development staff reach out to our businesses and other partners to make them aware of this need and request; and, That this resolution and related correspondence be sent to the councils of the Region of Durham, Ajax, Brock, Clarington, Pickering, Scugog, Uxbridge and Whitby to ask them to consider similar support”. …/2 Corr. 10-23 - 61 - 2 If you need further assistance concerning the above matter, please contact me at the address listed below or by telephone at 905-436-3311. Mary Medeiros Director, Legislative Services/City Clerk /jl c: Members of Council at: The Regional Municipality of Durham The Town of Ajax The Township of Brock The Municipality of Clarington The City of Pickering The Township of Scugog The Town of Uxbridge The Town of Whitby - 62 - 204-4473, ch. Innes Road, Orléans, Ontario. K4A 1A7 Tel. / Tél. : 613-834-8679 | Fax / Téléc. : 613-834-7647 | E-mail / Courriel : sblais.mpp.co@liberal.ola.org March 20, 2023 Mayor Kevin Ashe City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Mayor Ashe: Cities across Ontario are formally supporting my Private Members Bill, Bill 5, Stopping Harassment and Abuse by Local Leaders Act, and I am writing to you as the mayor of one of the largest cities in Ontario to join support. If passed, Bill 5 will create a process to vacate a Municipal Councillor’s seat for violations of workplace violence and harassment. There must be more severe penalties for leaders who violate workplace violence and harassment policies to help deter these heinous acts. Harassment and violence have no place in society, including in the workplace, and certainly no business around the municipal council table. As more and more municipalities vote in support of Bill 5, I am calling on the City of Pickering to formally support Bill 5 to put pressure on the Ontario government to pass this important legislation. Just some of the other municipalities who have already formally supported Bill 5 include: •City of Ottawa •City of Barrie •City of London •Town of Bradford West Gwillimbury •Township of Springwater •Township of Clearview •City of Orillia •Town of Collingwood •Town of Wasaga Beach •Township of Oro-Medonte •City of Peterborough •City of Kenora •Town of Adjala-Tosorontio •City of Woodstock •Township of Tiny •Township of Archipelago •Township of Norwich •Township of Ramara •Town of New Tecumseth •Essa Township •Town of Penetanguishene •Municipality of Kincardine It is long overdue that municipal elected officials are held to the same standard as every other employee in Ontario. …/2 Corr. 11-23 - 63 - -2- Having support from the City of Pickering would help put immense pressure on the Ontario government, and I hope to have the support of you and your council members. Thank you for your consideration. Yours very truly,   Stephen Blais Member of Provincial Parliament Orléans SB/pp - 64 - March 20, 2023 Housing and Homelessness Update AMO and Partners Publish Open Letter to Premier Ford On Saturday March 18th, AMO and 25 partner organizations published an open letter to Premier Ford in the print edition of the Globe and Mail. This letter calls on the Premier to end homelessness in Ontario through working with municipal, community, health, Indigenous, and economic partners. Local organizations that wish to join our open letter campaign are encouraged to send a letter to Premier Ford, copying AMO on the letter. This open letter is part of our ongoing call to action which has already seen 30 resolutions sent by municipalities, DSSABs, and municipal organizations to the Premier echoing the same call to end homelessness. AMO members are encouraged to continue sending resolutions, using our social media toolkit, and writing to or meeting with local MPPs using AMO’s key messages. AMO’s Ending Homelessness Symposium will also be happening on May 3 & 4. This one and a half-day event is open to elected officials; municipal staff; social, health, economic and Indigenous partners; and all interested sector associations. Please visit our website for more information and to register to attend. Federal Housing Accelerator Fund Launched On March 17, the federal Housing Accelerator Fund (HAF) was launched. This $4 billion initiative provides incentive funding for municipal governments to fast track the creation of 100,000 new homes across Canada. The program will run until 2026-27. The application portal for the HAF will open this June. Municipal governments are invited to submit an application through one of the two streams of the fund and are encouraged to think big and be innovative in their approaches. All applications must include an action plan with supply growth targets and initiatives to grow housing supply and speed up housing approvals. AMO initially presented to the House of Commons Standing Committee on Human Resources, Skills, Social Development and the Status of Persons with Disabilities on the HAF’s design in May 2022. We are encouraged to see it launched and encourage municipal governments to develop their applications to the HAF to support housing affordability in their communities. Corr. 12-23 - 65 - Recognizing that application-based funding cannot solve the problem alone, AMO will continue to also advocate for further housing and homelessness funding in the upcoming provincial and federal budgets. Province Announces Doubling of Economic Immigration Over the weekend the province announced it would be doubling the number of economic immigrants it selects in 2025 to over 18,000 to help solve the province’s critical labour shortage in critical industries including skilled trades, technology and health care. AMO welcomes this announcement and is pleased to see the government taking action to address skilled labour shortages, particularly in the construction trades. *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Please consider the environment before printing this. Association of Municipalities of Ontario 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 Wish to Adjust your AMO Communication Preferences ? Click Here - 66 - Homelessness Resolution A Call to the Provincial government to End Homelessness in Ontario To Premier Doug Ford: Please be advised that [Municipality/ DSSAB/Municipal Association] [Council/Board] at its meeting held [Date] adopted the following: WHEREAS the homeless crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario; WHEREAS the homelessness crisis is the result of the underinvestment and poor policy choices of successive provincial governments; WHEREAS homelessness requires a range of housing, social service and health solutions from government; WHEREAS homelessness is felt most at the level of local government and the residents that they serve; WHEREAS municipalities and District Social Administration Boards are doing their part, but do not have the resources, capacity or tools to address this complex challenge; and, WHEREAS leadership and urgent action is needed from the provincial government on an emergency basis to develop, resource, and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario. THEREFORE BE IT RESOLVED THAT [municipality, DSSAB/municipal association] calls on the Provincial Government to urgently: a.Acknowledge that homelessness in Ontario is a social, economic, and health crisis; b.Commit to ending homelessness in Ontario; c.Work with AMO and a broad range of community, health, Indigenous and economic partners to develop, resource, and implement an action plan to achieve this goal. AND FURTHER THAT a copy of this motion be sent to the Minister of Municipal Affairs and Housing; the Minister of Children, Community and Social Services; the Minister of Health; and to the Association of Municipalities of Ontario. - 67 - CORPORATION OF THE TOWN OF ESSEX 33 Talbot Street South, Essex, Ontario, N8M 1A8 p: 519.776.7336 f: 519.776.8811 | essex.ca Honourable Steve Clark Ministry of Municipal Affairs and Housing College Park 17th Floor, 777 Bay Street Toronto, ON M7A 2J3 March 17, 2023 RE: Tax Classification of Short-Term Rental Units At its Regular Council Meeting held on March 6, 2023, Councillor Hammond brought forward a Notice of Motion for Council’s consideration regarding the current tax classification of Short-Term Rental Units. In particular, Council discussed the implications of having Short- Term Rental Units operate as a business within a residential community. Council noted that allowing Short-Term Rental Unit Operators to pay residential property taxes is inequitable to those business owners who must pay commercial property taxes, solely due to the location of their business. As a result of this discussion, Council passed the following resolution: R23-03-082 Moved by: Councillor Hammond Seconded by: Councillor Matyi That Council direct Administration to send a letter to the Municipal Property Assessment Corporation (“MPAC”), the Ministry of Municipal Affairs, and any other relevant bodies, to investigate the tax classification of short-term rental units and consider taxing them as commercial as opposed to residential. Carried I trust you will find this satisfactory. If you have any questions or comments, please feel free to contact the undersigned. Yours truly, Shelley Brown Acting Clerk, Legal and Legislative Services sbrown@essex.ca c.c. Tracy Pringle, Municipal Property Assessment Corporation Tracy.Pringle@mpac.ca Corr. 13-23 - 68 - CORPORATION OF THE TOWN OF ESSEX 33 Talbot Street South, Essex, Ontario, N8M 1A8 p: 519.776.7336 f: 519.776.8811 | essex.ca 2 Anthony Leardi, MPP Anthony.Leardi@pc.ola.org Mary Birch, Interim CAO mbirch@countyofessex.ca All Ontario Municipalities - 69 - Memo To: Mayor Ashe March 22, 2023 Members of Council From: Jaclyn San Antonio Senior Advisor, Equity, Diversity & Inclusion Copy: Chief Administrative Officer Directors City Clerk Division Head, Public Affairs & Corporate Communications Subject: Pickering Anti-Black Racism Taskforce -End of Term Recommendations -Covering Memorandum from City Staff File: A-1440 The Pickering Anti-Black Racism Taskforce (the “Taskforce”) advanced several recommendations to be received as information by Council as a concluding reflection on and summary of their experiences during the first complete term of the taskforce (2020-2023). Recommendations were provided in accordance with the Taskforce’s Terms of Reference and the ADM 040 Boards and Advisory Committees of Council policy in order to provide unique insights that support the City’s transition into the new term of the Taskforce. Throughout the first term and in advance of the preparation of this memo, matters raised in these recommendations and proposed solutions were also received, reviewed and addressed by relevant City staff across several departments. This includes the Taskforce’s Staff liaisons and other staff from the Office of the CAO, Human Resources, Legislative Services, Community Services, and Finance. This transpired through formal mechanisms such as the focus group conducted by Goss Gilroy Incorporated as part of the community consultation phase for the City’s Equity, Diversity and Inclusion Strategy. It was also facilitated through the recent review of the ADM 040 Policy, which was initiated by Legislative Services in November 2022, whereby Staff Liaisons as well as members of various Council-appointed committees and the Taskforce were invited to provide feedback. The PABRT’s Staff Liaisons provided a detailed report to Legislative Services to incorporate the experiences and feedback of members and also met with staff across relevant Departments. Where possible, efforts were made to resolve these matters through policy revisions, orientation sessions, increased volunteer and staff supports (including, for example, the introduction of the new Community Engagement Coordinator, Equity, Diversity and Inclusion position), and additional budget requests, among other strategies. CAO 26-23 Corr. 14-23 - 70 - March 22, 2023 Page 2 of 2 PABRT End of Term Recommendations For more information on how the Taskforce’s recommendations and experiences were shared and addressed throughout the course of their term, questions and comments can be directed to PABRT Staff Liaisons, J. San Antonio and C. Addo-Bekkoe. Attachment PABRT End of Term Recommendations dated March 27, 2023 - 71 - Memo To: Mayor Ashe March 27, 2023 Members of Council From: Jaclyn San Antonio Senior Advisor, Equity, Diversity & Inclusion Copy: Chief Administrative Officer Directors City Clerk Division Head, Public Affairs & Corporate Communications Subject: Pickering Anti-Black Racism Taskforce -End of Term Recommendations File: A-1440 Background Per section 6 of the Pickering Anti-Black Racism Taskforce’s (the “Taskforce”) Terms of Reference, the Taskforce will provide an update before the end of 2022 to the incoming Council with actions, achievements, and a recommendation/plan on how the Taskforce should continue in the next term. As per Corr. 09-23 on the February 27, 2023 Council meeting agenda, the Taskforce provided a 2022 Year to Date update and 2023 W ork Plan accounting for Taskforce achievements as well as priority action areas. Since the Taskforce was engaged in a number of community initiatives and consultations at the end of 2022, they deferred their discussion of recommendations to the new year and dedicated their final monthly meeting on March 2, 2023, to this topic. This memorandum provides a summary of Taskforce discussions to be received as information by Members of Council. These recommendations have also been shared with relevant City staff through the Taskforce’s Staff Liaisons as part of the formal review of the ADM 040 Boards & Advisory Committees Policy as well as through focus group consultations around the Equity, Diversity and Inclusion (EDI) Strategy. Recommendations The PABRT members identified several areas to address in order to continue to building upon the work of the first term of Taskforce. The following recommendations were shared through email correspondence and at the last monthly meeting on March 2, 2023 which can be found online at: https://www.youtube.com/watch?v=CmEOgKoAy_A. The recommendations identified below were provided by the Taskforce members based on their collective experience throughout the tenure of their service and include their direct comments. Attachment - 72 - March 27, 2023 Page 2 of 7 PABRT End of Term Recommendations 1. Clarify scope of work for the Pickering Anti-Black Racism Taskforce. Section 1.08 of the existing ADM 040 Boards and Advisory Committees Policy defines task forces as “a committee established to assist in the short-term study and analysis of a specific matter.” This definition is not consistent with the current work of the PABRT as its efforts to address anti- Black racism go beyond the study and require sustained commitment to community engagement and building. “Review the definition of taskforce- are we a taskforce or something else?”- PABRT Member 2. Expand opportunities for collaboration and consultation with City staff throughout the organization. In clarifying the scope of work for the PABRT, Taskforce members have emphasized the importance of this work around anti-racism moving beyond cultural initiatives and being integrated throughout the various departments and teams of the City. One of the ways to achieve this is to create opportunities for collaboration with other City staff. To date, the Community Services Department has primarily engaged with the Taskforce to seek consultation around City initiatives; however, Taskforce members expressed an interest and need for being engaged beyond cultural initiatives. “What is the City doing to champion ABR? The PABRT is not enough! I would like more collaboration/consultation opportunities with different departments within the city and not just related to cultural initiatives. On a personal note, I have recently been involved in the By-law review process as a private citizen and am learning lots. I have noted there is an opportunity for the PABRT to lend our voices to city development, enforcement, and customer care to name a few.” - PABRT Member 3. Reconsider meeting requirements to create opportunities for meaningful collaboration, discussion, deliberation and ideation around anti-Black racism and other sensitive EDI- related subject matter. Section 12.02 of ADM 040 specifies that “Board/Advisory Committee meetings should not be closed to the public.” As such, if enough PABRT members gather to establish quorum, this is considered an official meeting and there is an expectation that such a meeting is open to the public (either through livestream or otherwise). This is highly problematic and has been commented on extensively by Taskforce members as it prevents them from discussing highly sensitive matters related to anti-Black racism in a safe forum. It also prevents meaningful planning for a Taskforce of volunteers that is expected to carry out action items in accordance with their work plan and budget. The result is that members are limited to two hour virtual meetings to have collective discussions and formulate ideas and plans. There needs to be sufficient time within appropriate spaces and environments for Taskforce members to engage in meaningful dialogue and collaboration in order to advance their goals and fulfill their mandate without limitation to the number of people that can - 73 - March 27, 2023 Page 3 of 7 PABRT End of Term Recommendations participate. Options that do not allow for this are exclusive by definition and inconsistent with the principles of equity, diversity and inclusion (EDI): “One of the things about EDI and in particular Anti-Black Racism is that we all come from different communities, cultures, ways of being. Sometimes we need an opportunity to discuss a topic in a fulsome manner and determine the best way to reach all the different parts of Black communities. That process of discussion on camera is not always conducive to everyone being open, sharing, and being vulnerable. When we meet outside of that and are not on camera, it allows us to bring different parts of us there that we would not bring into this type of setting… Is it (quorum) doing the function of giving community the fulsome or transparency of decision making? In terms of Anti- Black Racism, it really functions as something to silence rather than provide transparency to the public.” - PABRT Member “In our efforts to organize events or hash out any discrepancies on different issues, we are not permitted to meet if we exceed quorum outside of formal, in-camera sessions. I've thought carefully about the rationale behind this rule, but questioned the expediency of it in light of how much it prevents us from coming to consensus in a safe space, beyond the lens of a camera, beyond the pressure to address other business in the limited time we have each month. I have the utmost respect for persons who will stand up and air their differences of opinions; we learn from each other that way. The quorum rule does not allow us to come together as a group to fully ventilate our differences of opinion (which is healthy!) and reach an agreed upon position that we can then relay to the City as a united Taskforce.” - PABRT Member “We are not trying to have a conversation to make a decision about something, but sometimes you need to discuss to formulate the idea before you bring it to the audience on a public forum... When you are talking about a volunteer group, that is trying to do the best thing for the community and trying to formulate ideas, people that work full-time jobs, trying to meet at various times in order to get together - it is very difficult. When you can meet outside the confines of this particular forum is it that much more effective.” - PABRT Member 4. Create more inclusive and accessible opportunities for community to participate in Taskforce meetings, including revising delegation process to allow for delegates to participate on camera. For virtual meetings hosted on the WebEx platform, delegates were only allowed to join by phone and not be on camera. This matter was challenged in February 2022, resulting in a temporary solution to have community members share presentations on camera, rather than delegations. No restrictions should be placed on which form of electronic communication options can used to support community participation either as a delegation or through presentation. Instead, multiple options should be available to support inclusive practices for all purposes of a meeting. “From my understanding, the delegations were never on camera; that we’re the ones that spearheaded that and pushed for that. Because when you invite someone to your house, you don’t stand at the door and speak to them, you invite them in. them being on camera is tantamount to them being invited in to our room. I’m hoping that the City will reconsider that and - 74 - March 27, 2023 Page 4 of 7 PABRT End of Term Recommendations keep that. Though we pushed for it and were able to get it, whether it’s going to be maintained, I don’t know but I certainly hope so.“ - PABRT Member 5. Improve process and procedures for managing the budget and financial transactions of the Taskforce in an efficient and expedient manner. Since its inception, the Taskforce has encountered difficulties in accessing its Council-approved budget of $25,000 in order to carry out its work plan. In particular, the payment system for different vendors has been slow resulting in some community partners waiting for months to receive payment after the delivery of a service for the Taskforce. This has resulted in strained relationships within the community as there is a perception that the Taskforce cannot be relied upon to provide payment in a timely manner. This has further prevented opportunities for collaboration with new partners and execution of community initiatives. This matter was discussed at length at a previous meeting of the Taskforce (February 2, 2022, See Virtual Meeting Recording: https://www.youtube.com/watch?v=jGp1HREuZ3o or Meeting Minutes: https://corporate.pickering.ca/weblink/1/edoc/243250/February%203,%202022.pdf), including having a dedicated representative from the Finance department manage the funds for the PABRT. “Restructuring of the payment system for vendors and people who help to support the PABRT. Vendors, entertainers, it took a very long time for them to receive payment. Anti-Black racism is not just about the taskforce, but it is about engaging members of the Black community and small- business owners within the Black community and making this accessible for them.” - PABRT Member “Submitting multiple detailed reports to Council in advance of executing an initiative. If the annual report and budget has been approved, why must we ask permission to run each event or participate in each initiative?” - PABRT Member 6. Preserve PABRT budget for community initiatives that serve the Taskforce mandate, not City permits. As a Council-appointed Taskforce, the PABRT acts on behalf of Council in order to achieve their mandate around addressing anti-Black racism and enhancing the shared experiences of Black residents in Pickering. When Taskforce work plans are approved by Council, City staff are directed to support those initiatives by providing necessary supports and resources—including City space. The PABRT, however, has had utilize significant amounts of its budget for various initiatives to pay for permits on City properties. This has not only resulted in budget constraints but has, by extension, limited the scope of work that the PABRT can undertake. Efforts to address anti-Black racism should be understood as a City-wide engagement and not limited to the Taskforce alone. City resources, including event spaces, should be allocated accordingly. “Though we were offered a budget, a lot of our budget was used in securing venues, City-owned venues. I think that’s something that the City should really reconsider; it’s defeating the purpose of having the budget. Those monies could be better allocated to be used to increase awareness and a number of other things that we try to do. But it really put a constraint and limitation. We understand that there’s a lot of organizations vying for different areas and different spots. A lot of - 75 - March 27, 2023 Page 5 of 7 PABRT End of Term Recommendations times it was just down to the finance for the venues; the venues were not inexpensive at all in the latter part of this year, there seemed to be some give that way. It’s something that should be brought to light and the City should consider in terms of the next iteration of this committee or any other committee to be frank that’s under the City’s purview and using City resources.” - PABRT Member 7. Invest in additional human resources so more City staff are dedicated to support the EDI portfolio of the City, inclusive of anti-Black racism work through the Taskforce and other areas of the City. In light of the changing demographics of the community, the growing population, and other developments, the Taskforce members identified the importance of having more City staff dedicated to EDI - noting that the current work of three existing staff are insufficient. The Taskforce members specifically identified the need for a coordinator position that is specifically assigned to support the Taskforce, especially since they are working in a volunteer capacity and have commitments outside of the City in their own professional and personal lives. In fact, for many who have resigned from the Taskforce over the past three years, competing priorities and commitments were cited as a reason for their inability to commit fully to the Taskforce. “To have more support, the City can invest in supporting Deja, Jaclyn, and Clara in this work, with a more robust team. Maybe a portion of the communication budget and portfolio is dedicated to EDI. It needs more (support) to impact the organization at the pace that it needs to be based on the population that is in Durham and Pickering specifically.” - PABRT Member “On the community engagement front, my recommendation would be to hire a coordinator who is dedicated to the taskforce and will essentially hold the pen- listen/capture member’s vision and plan/set up accordingly. Hiring more city personnel dedicated to DEI- 3 people- Jaclyn, Clara and Deja while they have and are doing their best, are not enough to support inward and outward city DEI initiatives. If the city is truly dedicated to the work of DEI, it is my hope there is a plan to expand this team.” - PABRT Member “The Taskforce is a time commitment - let's be honest and acknowledge that. I'm grateful to everyone on this email trail who has shown grace to others (including me) when competing priorities reduced the amount of time we could commit at any point during our tenure...For some of us, "life" happened. But the doors were never shut to prevent a return. I will always appreciate that grace and warmth shown to each of us. That's the same grace I hope continuing Taskforce members will show to others and receive as well.” - PABRT Member 8. Provide learning and other development opportunities to support Taskforce members. Taskforce members acknowledge that they are still learning about EDI topics, including anti-Black racism and its intersection with other systems of oppression, and have expressed interest in receiving more training as part of their onboarding into the Taskforce. Currently, Taskforce members receive an orientation but these sessions are focused more on City processes, initiatives and the ADM 040 policy rather than equipping them knowledge and insight geared towards the community engagement aspects of their work around anti-Black racism. Additional - 76 - March 27, 2023 Page 6 of 7 PABRT End of Term Recommendations budget should be allocated towards specialized training for Taskforce members that does not take from their operating budget of $25,000. “Something I would like to see as part of the orientation for the next taskforce, some sort of workshop or series dedication to people who identify as Black who are doing community engagement work. This work is traumatic, it is violent … it would be nice to get training on how to deal with the public on a community engagement level.” - PABRT Member 9. Increase information sharing about EDI initiatives with Taskforce. Apart from the staff liaisons and staff supports, Taskforce members are interested in engaging with other departments around the City of Pickering in order to better understand how the organization as a whole is integrated anti-Black racism/EDI into their work. Taskforce members request more regular updates on the City’s EDI journey, of which they have participated in through focus groups, and other City initiatives. They have also identified information sharing as part of the role that the Council representative of the Taskforce can play. “I would like to see more information sharing in terms of other anti-black racism initiatives that are going on within the City as to how they are combatting anti-black racism. As far as I’m concerned, the PABRT is not enough.” - PABRT Member 10. Support community-centred decision making and empowerment by creating distinct transition process for incumbent members from one term to the next. Section 7.05 of the ADM 040 Boards & Advisory Committees Policy requires that Staff Liaisons “give equal consideration to new applicants as well as those who have previously served on a Board/Committee” when providing recommendations for appointments to Council. Taskforce members encourage consideration of a separate process for incumbents who are interested in continuing on the Taskforce in a way that supports continuity and sustainability of programs, initiatives and community partnerships while also supporting mentorship of incoming members. “In reference to section 7 item 07.05, the process of having to reapply for a position on the PABRT was a concern expressed by some members of the taskforce. Perhaps there should be a separate process for outgoing members that includes an expression of interest to see who would like to continue on the taskforce- (critical reflection/performance appraisal could be a requirement as part of the EOI process). Once members who will continue on the taskforce have been determined those members should participate in the interview process of potential new members. In addition an overlap of outgoing and incoming members to help with continuity of taskforce business should be considered. The process that I have outlined promotes capacity building, empowerment and places community members -(taskforce members) at the center.” - PABRT Member Summary Members of the Pickering Anti-Black Racism Taskforce advance the recommendations detailed above for Council’s review. As the City prepares to welcome new members to the new term of the PABRT, the challenges encountered during the existing term must be seriously evaluated - 77 - March 27, 2023 Page 7 of 7 PABRT End of Term Recommendations alongside these recommendations. In this way, Council and City staff can continue improve the capacity of the Taskforce, and foster a more rewarding experience for its members, in order to meaningfully achieve its mandate around anti-Black racism and the City’s broader commitment to Equity, Diversity and Inclusion. - 78 - Report to Council Report Number: FIN 07-23 Date: March 27, 2023 From: Stan Karwowski Director, Finance & Treasurer Subject: 2021 Year End Audit and Financial Statements (Final) - File: F-3300-001 Recommendation: 1. That the Report on the results of the 2021 Audit as submitted by Deloitte LLP be received for information; 2. That the 2021 draft Audited Consolidated Financial Statements for the City of Pickering be approved; and, 3. That Deloitte LLP be reappointed to provide external auditing services to the City of Pickering for a three year term. Executive Summary: Attached to this report is the auditor’s report on the results of the 2021 Audit and the draft Audited Consolidated Financial Statements for the year ended December 31, 2021. The auditor has provided an unmodified audit report on the financial statements. This means that the financial statements present fairly, in all material respects, the financial position of the City and its operations, changes in its net financial assets and its cash flows in accordance with Canadian public sector accounting standards. The auditor did not identify any significant deficiencies during the audit to formally report to Council. Under section 296 of the Municipal Act, 2001, Council must appoint an auditor, licensed under the Public Accounting Act, 2004, for a period not to exceed five years. The current auditor, Deloitte LLP (Deloitte), was last appointed in 2018 for a three year term. As the term ends with the 2021 year end audit, it is recommended the firm be reappointed for a three year term. Financial Implications: The City’s financial position is healthy and strong and the City is able to meet its current financial commitments and in the future. The fees for the 2022 audit services has increased to $91,100 with an inflationary increase for the years 2023 and 2024. This includes the audit services for the City of Pickering, Pickering Library Board and the Trust Fund. There is sufficient provisions in the budget to accommodate these fees. Discussion: As you are aware, the pandemic continued through most of 2021 and at the same time the City was in the middle of implementing the new Financial System which went live on September 1, 2021. Implementing the new system during the pandemic provided additional challenges to an already stressful environment with limited resources. The - 79 - FIN 07-23 March 27, 2023 Subject: 2021 Year End Audit and Financial Statements (Final) Page 2 implementation of a new financial system takes a significant amount of staff time and of course with any new system there is a learning curve by all staff within the Corporation from dealing with a new chart of accounts, new processes for inputting and extracting information in the system and development of new reports. This had an added challenge of trying to provide training, troubleshoot problems and completing an audit when the environment was still heavily geared to working remotely. As a result, finalizing the 2021 financial results and auditing of same were delayed as City staff were combining the results from two systems and developing new processes and reports for analyzing the accounts and preparing the Financial Statements. All these factors have contributed to the delay in the 2021 Financial Statements from being presented until now. The audit of the consolidated financial statements for the year ended December 31, 2021 has now been completed. The auditor’s Report on the Results of the 2021 Audit is included as Attachment 1. This Report, prepared by Deloitte, summarizes its findings from the December 31, 2021 audit and comments on significant matters regarding the audit. Year over year there may be amounts transferred out of Assets under Construction (AUC) and moved to expenses due to a change in circumstances where the costs are deemed to no longer be eligible to be capitalized as an asset. For 2021, there was approximately $2.7 million of expenses for servicing related costs on the employment lands that were incurred in prior years that were identified to not be a City asset and removed from AUC. Overall this amount is not material when compared to the $298.6 million dollar value of tangible capital assets reported and is within the auditor’s threshold of materiality so that prior year financial statements did not need to be restated. This amount was expensed in 2021 in order to accurately report the tangible capital asset value for the City at December 31, 2021. This is noted in the auditor’s report and management representation letter. Appendix 1 provides a summary of communication requirements which Deloitte is required to bring to Council’s attention. The independence letter in Appendix 2 confirms that Deloitte is independent from the City. Appendix 3 is the draft management representation letter which is provided by the City to the auditors. This letter indicates that the financial statements are management’s responsibility and that management has provided and disclosed all necessary information to ensure that the financial statements are not materially misstated. This letter will be signed by the appropriate authorities upon approval of the financial statements. The scope of the audit does not include an in-depth evaluation of all systems or internal controls, however, the auditors may report on matters that come to their attention during the course of their review. No significant matters came to their attention to report. The draft Audited Consolidated Financial Statements, for the year ended December 31, 2021, are included as Attachment 2. These statements are the responsibility of management and have been prepared by City accounting staff under the direction of the Director, Finance & Treasurer. The auditors are responsible to express an opinion on these Consolidated Financial Statements based on their audit. An unmodified audit report has been issued which means the auditors have indicated that in their opinion, the consolidated financial statements are fairly presented, in all material respects. In other words the City has a clean report. The Consolidated Financial Statements include the activities of the City of Pickering Public Library - 80 - FIN 07-23 March 27, 2023 Subject: 2021 Year End Audit and Financial Statements (Final) Page 3 Board. The City’s investment in Elexicon Corporation is accounted for on a modified equity basis, which means the City includes its share of Elexicon’s income or loss in the Consolidated Financial Statements. Reappointment of Auditors Deloitte was last appointed to conduct the statutory audits for the 2018 to 2021 fiscal years. Experience in the public sector, specifically municipalities, range of other services available and knowledge of the client are important considerations for appointment of an auditor. Deloitte is one of the largest public accounting firms in Canada and has vast experience within the municipal sector. The City relies on Deloitte’s experience and expertise as it relates to the financial environment and other City operations. They are a trusted partner that provides advice based on their knowledge and experience obtained from numerous municipal clients. They provide a variety of auditing, accounting and advisory services to a number of municipalities including six of the eight local municipalities and the Regional Municipality of Durham. The services provided by Deloitte have clearly demonstrated proficiency in the municipal environment, particularly Public Sector Accounting Board standards and guidelines. Their comments and assistance is always relevant and practical. Based on experience to date, the firm has provided an excellent level of service. The fees for the 2022 audit services has been increased to $91,100 with an inflationary increase estimated for the years 2023 and 2024. This includes the audit services for the City of Pickering, Pickering Public Library Board and the Trust Fund. Deloitte has held their audit fee for a number of years but due to the present economic environment combined with the introduction of new auditing standards and a more sophisticated and integrated financial system, the audit fee has increased. The City’s purchasing policy permits the “one price quote” approach for this engagement due to the specialized services. Staff believe this is a reasonable fee for audit service in light of all the contributing factors and is recommending that Deloitte be reappointed for a three year term. Attachments: 1. Report on the Results of the 2021 Audit 2. 2021 Draft Audited Consolidated Financial Statements Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Kristine Senior Stan Karwowski Manager, Accounting Services Director, Finance & Treasurer - 81 - FIN 07-23 March 27, 2023 Subject: 2021 Year End Audit and Financial Statements (Final) Page 4 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 82 - . 00 The Corporation of the City of Pickering Report on the results of the 2021 audit To be presented on March 27, 2023 Attachment #1 to Report FIN 07-23 - 83 - . ~ttc LLP Deloitte LLP Bay Adelaide East 8 Adelaide Street West Suite 200 Toronto ON M5H 0A9 Canada Tel: 416-601-6150 Fax: 416-601-6151 www.deloitte.ca March 21, 2023 Private and confidential To the Members of Council The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1V 6K7 Report on audited annual consolidated financial statements Dear Council Members: We are pleased to submit this report on the status of our audit of the consolidated financial statements (the “financial statements”) of the Corporation of the City of Pickering (the “City”) and the financial statements of the related City entities for the fiscal year ended December 31, 2021. This report summarizes the scope of our audit, our findings and reviews certain other matters that we believe to be of interest to you. As agreed in our Master Services Agreement dated October 17, 2019, and confirmation of changes letter dated November 2, 2020, we have performed an audit of the financial statements of the City, the City of Pickering Library Board (the “Library”) and the City of Pickering Trust Funds (the “Trust Funds”), as at, and for the year ended December 31, 2021, in accordance with Canadian generally accepted auditing standards (“Canadian GAAS”) and expect to issue our Independent Auditor’s Report thereon upon completion of outstanding matters highlighted in this report, and upon approval of the financial statements by yourself. This report is intended solely for the information and use of Council, management and others within the City and is not intended to be, and should not be, used by anyone other than these specified parties. Accordingly, we disclaim any responsibility to any other party who may rely on it. We would like to express our appreciation for the cooperation we received from employees of the City with whom we worked to discharge our responsibilities. We look forward to discussing this report summarizing the outcome of our audit with you and answering any questions you may have. Yours truly, Chartered Professional Accountants Licensed Public Accountants - 84 - The Corporation of the City of Pickering | Table of contents Table of contents Executive summary 1 Significant audit risks, other audit risks and events 3 Significant accounting policies, judgments and estimates 6 Appendix 1 – Communication requirements and other reportable matters Appendix 2 – Independence letter Appendix 3 – Draft management representations letter © Deloitte LLP and affiliated entities. i - 85 - • • • • !fif}iH• -Materiality iiih ► Clearly trivial threshold The Corporation of the City of Pickering | Executive summary Executive summary Audit scope and terms of engagement We have been engaged to perform the audits of the City’s, Library’s, and Trust Funds’ financial statements (the “financial statements”) prepared in accordance with Canadian Public Sector Accounting Standards for the City and the Library Board and Canadian Accounting Standards for Not-For-Profit Organizations for the Trust Funds as at and for the year ended December 31, 2021. Our audit was conducted in accordance with Canadian generally accepted auditing standards (“Canadian GAAS”). The terms and conditions of our engagement are described in the Master Services Agreement dated October 17, 2019 and Confirmation of Changes Letter dated November 2, 2020. We have developed appropriate safeguards and procedures to eliminate threats to our independence or to reduce them to an acceptable level. Significant audit risks Uncorrected misstatements 1 Management override of controls 2 Revenue recognition 3 Management judgments and accounting estimates 4 Implementation of new financial system 5 Preparation for new PSAS accounting standards During the current year audit, it was noted that certain capital costs incurred in prior years and recorded as “asset under construction” did not meet capitalization criteria and should have been expensed in prior years. These costs, totalling $2.7 million, were corrected and expensed in the current year. The correction of this prior period amount resulted in the current year surplus being understated by $2.7 million. The December 31, 2021 statement of financial position has been properly corrected with this adjustment. © Deloitte LLP and affiliated entities. 1 - 86 - • • The Corporation of the City of Pickering | Executive summary Outstanding matters & next steps Highlights Completion of minor audit documentation items Receipt of one legal letter Completion of our subsequent events procedures Going concern Receipt of signed management representations letter Receipt of component audit response from auditors of Elexicon Corporation No changes in the significant risks identified. Results Tested internal controls over the system transition to SAP, including the testing of internal controls over project governance, as well as the migration of data from the legacy system to SAP. Management has completed its assessment of the ability of the City to continue as a going concern and in making its assessment did not identify any material uncertainties related to events or conditions that may cast significant doubt upon the City’s ability to continue as a going concern. We agree with management’s assessment. We intend to issue an unmodified audit report on the consolidated financial statements of the City, the Library Board and the Trust Funds, for the year ended December 31, 2021 once the outstanding items referred to above are completed satisfactorily and the financial statements are approved. © Deloitte LLP and affiliated entities. 2 - 87 - The Corporation of the City of Pickering | Significant audit risks, other audit risks and events Significant audit risks, other audit risks and events The significant audit risks identified as part of our risk assessment, together with our planned responses and conclusions, are described below. Significant audit risks Management override of controls* Analysis of risk Audit response and results Under Canadian Auditing Standards, it is the responsibility of the management, with the oversight of those charged with governance to place a strong emphasis on fraud prevention and detection. Oversight by those charged with governance includes considering the potential for override of controls or other inappropriate influence over the financial reporting process. Management override of controls is present in all entities. It is a risk of material misstatement resulting from fraud and therefore is considered as a significant risk. − We engaged in periodic fraud discussions with certain members of senior management and others. − We tested journal entries that exhibit characteristics of possible management override of controls, identified using manual techniques. − We evaluated the business rationale for any significant unusual transactions. − We considered the potential for bias in judgments and estimates, including performing retrospective analysis of significant accounting estimates. − We evaluated the City’s fraud risk assessment and consider entity-level internal controls and internal controls over the closing and reporting process. − We obtained sufficient audit evidence to conclude that there were no material misstatements. Revenue recognition* Analysis of risk Audit response and results Under Canadian GAAS, we are required to evaluate the risk of fraud in revenue recognition. For municipalities, there is a risk around the occurrence, completeness and accuracy of revenue, deferred revenue, and classification of recognition related to government transfer/grants. We recognize that as a result of COVID-19 there may be certain changes in volume of other revenue streams (i.e. recreation, permits and fees, etc.) and additional grants funding received which may have performance conditions. These changes to revenue will be captured as part of our audit response. − We tested the design and implementation of controls in the significant revenue streams and performed detailed testing in these areas. − We performed substantive testing to determine if restricted grants/contributions (i.e., development charges, gas tax, etc.) and government transfers have been recognized as revenue in the appropriate period. In particular, we tested the recognition of COVID-19 specific grants, such as the Safe Restart grant, and its recognition. − We performed testing on casino revenue to ensure its recognition is in line with the contribution agreement between the City and the OLG. © Deloitte LLP and affiliated entities. 3 - 88 - The Corporation of the City of Pickering | Significant audit risks, other audit risks and events Revenue recognition* Analysis of risk Audit response and results −We obtained sufficient audit evidence to conclude that there were no material misstatements. *These areas were identified as areas of significant risk, as required by Canadian Auditing Standards. Management judgments and accounting estimates Analysis of risk Audit response and results Management judgments and accounting estimates may be subject to estimation uncertainty. Significant judgments and estimates: Accounts involving significant estimates include allowance for doubtful accounts, certain accrued liabilities, post-employment benefits liability, WSIB liabilities and estimates relating to the useful lives of tangible capital assets. −We obtained an understanding of how management makes the accounting estimates and the underlying data on which those estimates are based. −We reviewed the support for significant assumptions made by management. −We evaluated the significant assumptions made by management for accounting estimates. −We assessed the reasonableness of the estimates made at year-end. −We assessed the consistency of assumption made by management. −We obtained sufficient audit evidence to conclude that there were no material misstatements. Implementation of new financial system Analysis of risk Audit response and results The City implemented a new financial system, SAP, during fiscal 2021. Given the complexity associated with such a significant undertaking and the impact on numerous City departments, our audit focus will be on assessing the internal controls over the change management process (both during and post-implementation), as well as the accuracy and completeness of financial data converted and migrated to SAP. −We obtained an understanding of the project scope for the systems implementation through discussion with Finance and project management and assessed the implications on our audit strategy for fiscal 2021. −We obtained an understanding of the data conversion and migration from the old system to the new system. We performed testing on the data migrated to SAP to ensure accuracy and completeness and that the opening trial balance in SAP was accurate, and in line with the prior year audited trial balance. −We performed testing of the internal controls implemented through the systems implementation process, including internal controls over project decision approvals, pre- conversion testing, project governance, access provisioning in the new system, among others. We tested the design and implementation of key controls within this process. −We obtained sufficient audit evidence to conclude that there were no material misstatements as a result of the systems transition. © Deloitte LLP and affiliated entities. 4 - 89 - The Corporation of the City of Pickering | Significant audit risks, other audit risks and events Preparation for new PSAS accounting standards Analysis of risk Audit response and results In fiscal 2023, two new significant accounting −We continue to be in discussions with Finance standards, PS 3280 Asset retirement obligations, and PS management for the implementation of the new 3450 Financial instruments, will come in effect. Both accounting standards. standards will require early preparation by the City, including development of accounting policies, information gathering with various City departments, engagement of external consultants to assist with valuation, and development of go-forward processes for policy maintenance. © Deloitte LLP and affiliated entities. 5 - 90 - The Corporation of the City of Pickering | Significant accounting policies, judgments and estimates Significant accounting policies, judgments and estimates The accounting policies of the City, the Library Board and the Trust Funds are set out in Note 1 of their respective financial statements. In the course of our audits of the financial statements, we considered the qualitative aspects of the financial reporting process, including items that have a significant impact on the relevance, reliability, comparability and understandability of the information included in the financial statements. Significant accounting policies There were no other changes to previously adopted accounting policies or their application at the City, the Library Board or the Trust Funds. In our judgment, the significant accounting practices and policies, selected and applied by City management are, in all material respects, acceptable under PSAS for the City and the Library Board, under Accounting Standards for Not-For-Profit Organizations for the Trust Funds and are appropriate to the particular circumstances of the City, the Library Board and the Trust Funds. Accounting estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. These judgments are normally based on knowledge and experience about past and current events, assumptions about future events and interpretations of the financial reporting standards. During the year ended December 31, 2021, management advised us that there were no significant changes in accounting estimates or in judgments relating to the application of the accounting policies. In our judgment, the significant accounting estimates made by management (with assistance from the City’s actuary as appropriate) are, in all material respects, free of possible management bias and of material misstatement. The disclosure in the consolidated financial statements with respect to estimation uncertainty is in accordance with PSAS and is appropriate to the particular circumstances of the City. © Deloitte LLP and affiliated entities. 6 - 91 - The Corporation of the City of Pickering | Appendix 1 – Communication requirements and other reportable matters Appendix 1 – Communication requirements and other reportable matters Required communication Refer to this report or document described below Audit service plan 1.Our responsibilities under Canadian GAAS, including forming and expressing an opinion on the financial statements Audit service plan dated April 8, 2022 2.An overview of the overall audit strategy, addressing: a.Timing of the audit b.Significant risks, including fraud risks c.Names, locations, and planned responsibilities of other independent public accounting firms or others that perform audit procedures in the audit Audit service plan dated April 8, 2022 3.Significant transactions outside of the normal course of business, including related party transactions Audit service plan dated April 8, 2022 Year end communication 4.Fraud or possible fraud identified through the audit process None noted 5.Significant accounting policies, practices, unusual transactions, and our related conclusions Significant accounting practices, judgments and estimates section 6.Alternative treatments for accounting policies and practices that have been discussed with management during the current audit period None noted 7.Matters related to going concern Note noted – refer to Executive summary 8.Consultation with other accountants Management has informed us that the City, the Library Board and the Trust Funds have not consulted with other accountants about auditing or accounting matters. 9.Management judgments and accounting estimates Significant accounting practices, judgments and estimates section 10.Significant difficulties, if any, encountered during the audit None © Deloitte LLP and affiliated entities. - 92 - The Corporation of the City of Pickering | Appendix 1 – Communication requirements and other reportable matters Required communication Refer to this report or document described below 11.Material written communications between management and us, including management representation letters Master service agreement dated October 17, 2019 and the subsequent letter of confirmation of changes to the Master Services Agreement dated November 2, 2020, Management representation letter – Appendix 3. 12.Circumstances that affect the form and the content of the auditor’s report Master service agreement dated October 17, 2019 and the subsequent letter of confirmation of changes to the Master Services Agreement dated November 2, 2020. 13.Other matters that are significant to the oversight of the financial reporting process No other matters to report. 14.Modifications to our opinion None. 15.Other significant matters discussed with management None. 16.Matters involving non-compliance with laws and regulations that come to our attention, unless prohibited by law or regulation, including Illegal or possibly illegal acts that come to our attention None. 17.Litigation No litigation matters to report. 18.Significant deficiencies in internal control, if any, identified by us in the conduct of the audit of the financial statements No deficiencies to report. 19.Uncorrected misstatements and disclosure In accordance with Canadian GAAS, we request that items all misstatements be corrected. There were no uncorrected misstatements. Other reportable matters 20.Changes to the audit plan The audit was conducted in accordance with our audit plan dated April 8, 2022 which was presented to the Members of the Executive Committee. We confirm that there have been no significant amendments to the audit scope and approach communicated in the audit plan. 21.Concerns regarding management competence We have not determined any concerns regarding and integrity management competence and integrity. 22.Disagreements with management In the course of our audit, we did not encounter any disagreements with management about matters that individually or in the aggregate could be significant to the financial statements. 23.Post-balance sheet events At the date of finalizing this report, we are not aware of any significant post-balance sheet events. 24.Reliance on service organizations The City makes use of ADP in the processing of payroll transactions. We obtained the CSAE 3416 service organization report on the operating effectiveness of internal controls adopted at ADP, and noted no issues which would impact our audit. 25.Other significant matters arising from the None noted. audit © Deloitte LLP and affiliated entities. - 93 - The Corporation of the City of Pickering | Appendix 2 – Independence letter Appendix 2 – Independence letter © Deloitte LLP and affiliated entities. - 94 - . The Corporation of the City of Pickering | Appendix 2 – Independence letter Deloitte LLP 8 Adelaide Street West Suite 200 Toronto ON M5H 0A9 Canada Tel: 416-601-6150 Fax: 416-601-6610 www.deloitte.ca March 21, 2023 Private and confidential The Members of Council The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1V 6K7 Dear Council Members, We have been engaged to audit the consolidated financial statements of The Corporation of the City of Pickering (the “City”) for the year ended December 31, 2021. You have requested that we communicate in writing with you regarding our compliance with relevant ethical requirements regarding independence as well as all relationships and other matters between the City, our Firm and network firms that, in our professional judgment, may reasonably be thought to bear on our independence. You have also requested us to communicate the related safeguards that have been applied to eliminate identified threats to independence or reduce them to an acceptable level. In determining which relationships to report, we have considered relevant rules and related interpretations prescribed by the appropriate provincial regulator/order and applicable legislation, covering such matters as: a.Holding a financial interest, either directly or indirectly, in a client. b.Holding a position, either directly or indirectly, that gives the right or responsibility to exert significant influence over the financial or accounting policies of a client. c.Personal or business relationships of immediate family, close relatives, partners or retired partners, either directly or indirectly, with a client. d.Economic dependence on a client. e.Provision of services in addition to the audit engagement. We confirm to you that the engagement team and others in the firm as appropriate, the firm and, when applicable, network firms have complied with relevant ethical requirements regarding independence. We have prepared the following comments to facilitate our discussion with you regarding independence matters arising since January 12, 2022, the date of our last letter. Deloitte provided the following non-audit services between January 12, 2022 and March 21, 2023: −Pickering City Centre development advisory and project services −Hospital site proposal © Deloitte LLP and affiliated entities. - 95 - LLfJ The Corporation of the City of Pickering | Appendix 2 – Independence letter We are not aware of any relationships between the Deloitte Entities and the City and its affiliates, or persons in financial reporting oversight roles at the City and its affiliates, that, in our professional judgment, may reasonably be thought to bear on independence, that have occurred from January 12, 2022 to March 21, 2023. We hereby confirm that we are independent with respect to the City in accordance with the Rules of Professional Conduct of the Chartered Professional Accountants of Ontario as of March 21, 2023. This letter is intended solely for the information and use of the Council, management, and others within the City and is not intended to be and should not be used for any other purposes. Yours truly, Chartered Professional Accountants Licensed Public Accountants © Deloitte LLP and affiliated entities. - 96 - Appendix 3 – Draft management representations letter - 97 - Deloitte LLP [DATE] [City letterhead] Page 2 [DATE] Deloitte LLP 8 Adelaide Street West Suite 200 Toronto ON M5H 0A9 Subject: Consolidated financial statements of The Corporation of the City of Pickering for the year ended December 31, 2021 Dear Ms. Lilian Cheung: This representation letter is provided in connection with the audit by Deloitte LLP (“Deloitte” or “you”) of the consolidated financial statements of The Corporation of the City of Pickering (the “City” or “we” or “us”) as of and for the year ended December 31, 2021, the notes to the consolidated financial statements and a summary of significant accounting policies (the “Financial Statements”) for the purpose of expressing an opinion as to whether the Financial Statements present fairly, in all material respects, the financial position, results of operations, and cash flows of the City in accordance with Public Sector Accounting Standards (“PSAS”). Certain representations in this letter are described as being limited to matters that are material. Items are considered to be material if they, individually or in the aggregate, could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately informing ourselves: Financial statements 1.We have fulfilled our responsibilities as set out in the terms of the engagement letter between the City and Deloitte dated October 17, 2019 and subsequent confirmation of changes letters for the preparation of the Financial Statements in accordance with PSAS. In particular, the Financial Statements are fairly presented, in all material respects, and present the financial position of the City as at December 31, 2021 and the results of its operations and cash flows for the year then ended in accordance with PSAS. 2.Significant assumptions used in making estimates, including those measured at fair value, are reasonable. In preparing the Financial Statements in accordance with PSAS, management makes judgments and assumptions about the future and uses estimates. The completeness and appropriateness of the disclosures related to estimates are in accordance with PSAS. The City has appropriately disclosed in the Financial Statements the nature of measurement uncertainties that are material, including all estimates where it is reasonably possible that the estimate will change in the near term and the effect of the change could be material to the Financial Statements. The measurement methods, including the related assumptions and models, used in determining the estimates, including fair value, were appropriate, reasonable and consistently applied in accordance with PSAS and appropriately reflect management's intent and ability to carry out specific courses of action on behalf of the City. No events have occurred subsequent to December 31, 2021 that require adjustment to the estimates and disclosures included in the Financial Statements. - 98 - Deloitte LLP [DATE] Page 3 There are no changes in management’s method of determining significant estimates in the current year. 3.We have determined that the Financial Statements are complete as of the date of this letter as this is the date when there are no changes to the Financial Statements (including disclosures) planned or expected. The Financial Statements have been approved in accordance with our process to finalize financial statements. 4.We have completed our review of events after December 31, 2021 and up to the date of this letter. 5.The Financial Statements are free of material errors and omissions. We believe that the effects of any uncorrected Financial Statement misstatements pertaining to the current period presented, are immaterial, both individually and in the aggregate, to the Financial Statements taken as a whole. A list of the uncorrected misstatements aggregated by you is attached in Appendix A. Internal controls 6.We acknowledge our responsibility for the design, implementation and maintenance of internal control to prevent and detect fraud and error. 7.We have disclosed to you all known deficiencies in the design or operation of internal control over financial reporting identified as part of our evaluation, including separately disclosing to you all such deficiencies that we believe to be significant deficiencies in internal control over financial reporting. We have disclosed to you any change in the City’s internal control over financial reporting that occurred during the current year that has materially affected, or is reasonably likely to materially affect, the City’s internal control over financial reporting. Information provided 8.We have provided you with: a.Access to all information of which we are aware that is relevant to the preparation of the Financial Statements, such as records, documentation and other matters. b.All relevant information as well as additional information that you have requested from us for the purpose of the audit; c.Unrestricted access to persons within the City from whom you determined it necessary to obtain audit evidence; and, d.Unrestricted access to all minutes of the meetings of Council and committees of Council, or summaries of actions of recent meetings for which minutes have not yet been prepared. All significant Council and committee actions are included in the summaries. 9.We have disclosed to you the results of our assessment of the risk that the Financial Statements may be materially misstated as a result of fraud. - 99 - Deloitte LLP [DATE] Page 4 10.We have disclosed to you all information in relation to fraud or suspected fraud that we are aware of and that affects the City and involves: a.Management; b.Employees who have significant roles in internal control; or c.Others where the fraud could have a material effect on the Financial Statements. 11.We have disclosed to you all information in relation to allegations of actual, suspected or alleged fraud, or illegal or suspected illegal acts affecting the City. 12.There have been no communications with regulatory agencies concerning actual or potential noncompliance with or deficiencies in financial reporting practices. There are also no known or possible instances of non-compliance with the requirements of regulatory or governmental authorities. 13.We have disclosed to you the identities of the City’s related parties and all the related party relationships and transactions of which we are aware, including guarantees, non-monetary transactions and transactions for no consideration. Independence matters For purposes of the following paragraphs, “Deloitte” shall mean Deloitte LLP and Deloitte Touche Tohmatsu Limited, including related member firms and affiliates. 14.Prior to the City having any substantive employment conversations with a former or current Deloitte engagement team member, the City has held discussions with Deloitte and obtained approval from the Executive Committee of City Council. 15.We have adhered to all regulatory requirements regarding the provision of non-audit services by Deloitte to the City in accordance with applicable laws, regulations and rules that apply to the City, including pre- approval requirements, as applicable. 16.We have ensured that all services performed by Deloitte with respect to this engagement have been pre- approved by the Executive Committee of City Council in accordance with its established approval policies and procedures including the City’s procurement policies. Other matters 17.We have disclosed to you all the documents that we expect to issue that may comprise other information, in the context of CAS 720, The Auditor's Responsibilities Relating to Other Information in Documents Containing Audited Financial Statements. Immaterial matters less than $149,000 (representing the clearly trivial threshold for audit purposes) collectively are not considered to be exceptions that require disclosure for the purpose of representations #18 to #40. This amount is not necessarily indicative of amounts that would require adjustment to or disclosure in the Financial Statements. 18.Except as listed in Appendix A, all transactions have been properly recorded in the accounting records and are reflected in the Financial Statements. - 100 - Deloitte LLP [DATE] Page 5 19.The City has identified all related parties in accordance with Section PS 2200, Related Party Disclosures (“PS 2200”). Management has made the appropriate disclosures with respect to its related party transactions in accordance with PS 2200. This assessment is based on all relevant factors, including those listed in para. 16 of PS2200. 20.There are no instances of identified or suspected noncompliance with laws and regulations. 21.We have disclosed to you all known, actual or possible litigation and claims, whether or not they have been discussed with our lawyers, whose effects should be considered when preparing the Financial Statements. As appropriate, these items have been disclosed and accounted for in the Financial Statements in accordance with PSAS. 22.All events subsequent to the date of the Financial Statements and for which PSAS requires adjustment or disclosure have been adjusted or disclosed. Accounting estimates and disclosures included in the Financial Statements that are impacted by subsequent events have been appropriately adjusted. 23.We have disclosed to you all liabilities, provisions, contingent liabilities and contingent assets, including those associated with guarantees, whether written or oral, and they are appropriately reflected in the Financial Statements. 24.We have disclosed to you, and the City has complied with all aspects of contractual agreements that could have a material effect on the Financial Statements in the event of non-compliance, including all covenants, conditions or other requirements of all outstanding debt. 25.The City has satisfactory title to and control over all assets, and there are no liens or encumbrances on such assets. We have disclosed to you and in the Financial Statements all assets that have been pledged as collateral. Communications with taxation and regulatory agencies 26.We have disclosed to you all communications from: a.Taxation authorities concerning assessments or reassessments that could have a material effect on the Financial Statements; and b.Regulatory agencies concerning noncompliance with or potential deficiencies in, financial reporting requirements. Work of management’s experts 27.We agree with the work of management’s experts in evaluating the valuation of post-employment benefits liability and WSIB benefits liability and have adequately considered the capabilities of the experts in determining amounts and disclosures used in the Financial Statements and underlying accounting records. We did not give any, nor cause any, instructions to be given to management’s experts with respect to values or amounts derived in an attempt to bias their work, and we are not aware of any matters that have impacted the independence or objectivity of the experts. Loans and receivables 28.The City is responsible for determining and maintaining the adequacy of the allowance for doubtful notes, loans, and accounts receivable, as well as estimates used to determine such amounts. Management believes the allowances are adequate to absorb currently estimated bad debts in the account balances. - 101 - Deloitte LLP [DATE] Page 6 Employee future benefits 29. Employee future benefit costs, assets, and obligations have been properly recorded and adequately disclosed in the Financial Statements including those arising under defined benefit plans as well as termination arrangements. We believe that the actuarial assumptions and methods used to measure defined benefit plan assets, liabilities and costs for financial accounting purposes are appropriate in the circumstances. Government transfers 30. We have disclosed to you all correspondence relating to government transfers that the City has had with the funding bodies. 31. We have assessed the eligibility criteria and determined that the City is an eligible recipient for the government transfers received. 32. We have assessed the stipulations attached with the funding and have recognized the revenue in accordance with meeting the stipulations required. 33. All government transfers that have been recorded as deferred revenue give rise to an obligation that meets the definition of a liability. Those liabilities have been properly recorded and presented in the Financial Statements. Tax revenues 34. We have appropriately recorded tax assets and revenues when they meet the definition of an asset in accordance with Section PS 1000, Financial Statement Concepts, when they are authorized and when the taxable event occurs. These amounts have been appropriately measured in accordance with PS 3510, Tax Revenue, and have not been grossed up for any amount of tax concessions. Tangible capital assets 35. Tangible capital assets have been recorded properly and consistently according to the standards in Section PS 3150, Tangible Capital Assets. 36. Contributed tangible capital assets have been appropriately recorded at fair value, unless fair value is not reasonably determinable, and in such case, have been recorded at an appropriate nominal value. All contributed tangible capital assets have been appropriately disclosed. 37. We have assessed the useful lives of tangible capital assets and have determined all tangible capital assets contribute to the City’s ability to provide goods and services and therefore do not require a write down. 38. We have reviewed the assets under construction and believe that these costs recorded represent tangible capital assets of the City that will be completed in the future, and that any costs incurred which will not result in future tangible capital assets, or do not meet capitalization criteria, have been properly expensed. Environmental liabilities/contingencies 39. We have considered the effect of environmental matters on the City and have disclosed to you all liabilities, provisions or contingencies arising from environmental matters. All liabilities, provisions, contingencies and commitments arising from environmental matters, and the effect of environmental - 102 - Deloitte LLP [DATE] Page 7 matters on the carrying values of the relevant assets are recognized, measured and disclosed, as appropriate, in the Financial Statements. Government Business Enterprises 40.The City has appropriately classified its investments in Elexicon as a Government Business Enterprise. With regard to the City’s investment in Elexicon, we have disclosed to you any events that have occurred and facts that have been discovered with respect to such investment that would affect the investment’s value as reported in the financial statements. Liabilities for contaminated sites 41.We have evaluated all of our tangible capital assets that we have direct responsibility for or accept responsibility for, and have not identified any sites in which contamination exceeds an environmental standard. Yours truly, The Corporation of the City of Pickering Stan Karwowski Director of Finance and Treasurer Marisa Carpino Chief Administrative Officer - 103 - The Corporation of the City of Pickering | Appendix 3 – Draft management representations letter Appendix A The Corporation of the City of Pickering Summary of uncorrected financial statement misstatements Year ended December 31, 2021 Description Assets Liabilities Accumulated Surplus, Income DR (CR) DR (CR) Opening Statement DR (CR) DR (CR) In the current year, it was noted that certain costs $2,721,416 $(2,721,416) incurred in prior years and previously recorded as assets under construction (part of tangible capital assets (“TCA”)) should have been expensed in prior years as they will not result in any City-owned TCAs. The City has expensed these costs in 2021, instead of restating the prior year financial statements, as it has been determined that this amount is not material relative to the overall financial statements. As this correction was recorded in 2021 only, the opening accumulated surplus is overstated, and the current year income statement is understated as a result of the expensing of prior period costs. The ending statement of financial position has been corrected and this error will not carry forward into future years. © Deloitte LLP and affiliated entities. - 104 - Consolidated financial statements of The Corporation of the City of Pickering December 31, 2021 DRAFT - FOR DISCUSSION ONLY Attachment #2 to Report FIN 07-23 - 105 - 2 3 4 5 6 Independent Auditor’s Report 1– Consolidated statement of financial position Consolidated statement of operations Consolidated statement of change in net financial assets Consolidated statement of cash flows Notes to the consolidated financial statements 7–29 DRAFT - FOR DISCUSSION ONLY- 106 - . Deloitte LLP 400 Applewood Crescent Suite 500 Vaughan ON L4K 0C3 Canada Tel: 416-601-6150 Fax: 416-601-6151 www.deloitte.ca Independent Auditor’s Report To the Members of Council of The Corporation of the City of Pickering Opinion We have audited the consolidated financial statements of The Corporation of the City of Pickering (the ”City”), which comprise the consolidated statement of financial position as at December 31, 2021, and the consolidated statements of operations, change in net financial assets and cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies (collectively referred to as the “financial statements”). In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the City as at December 31, 2021, and the results of its operations, changes in net financial assets, and its cash flows for the year then ended in accordance with Canadian public sector accounting standards (“PSAS”). Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards (“Canadian GAAS”). Our responsibilities under those standards are further described in the “Auditor’s Responsibilities for the Audit of the Financial Statements” section of our report. We are independent of the City in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with PSAS, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the City’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the City or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the City’s financial reporting process. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian GAAS will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. DRAFT - FOR DISCUSSION ONLY- 107 - As part of an audit in accordance with Canadian GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the City’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the City to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities within the City to express an opinion on the financial statements. We are responsible for the direction, supervision and performance of the group audit. We remain solely responsible for our audit opinion. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Chartered Professional Accountants Licensed Public Accountants [DATE] DRAFT - FOR DISCUSSION ONLY- 108 - The Corporation of the City of Pickering Consolidated statement of financial position As at December 31, 2021 2021 2020 Notes $ $ Financial assets Cash and cash equivalents 93,364,602 81,028,753 Investments 3 140,255,810 115,753,076 Taxes receivable 22,688,178 26,165,724 Accounts receivable 7,365,804 3,134,923 Note receivable 17 2,681,988 2,973,217 Investment in Elexicon Corporation 4(c) 70,022,403 68,318,936 Promissory notes receivable 5 25,069,000 25,069,000 361,447,785 322,443,629 Liabilities Accounts payable and accrued liabilities 37,473,687 37,814,573 Other current liabilities 217,958 156,871 Deferred revenue 6 105,095,559 94,209,378 Long-term liabilities 9 40,742,259 29,118,644 Post-employment benefit liability 8(a) 8,702,252 7,505,863 WSIB benefit liabilities 8(b) 2,876,413 2,691,240 195,108,128 171,496,569 Net financial assets 166,339,657 150,947,060 Non-financial assets Tangible capital assets 10 298,638,881 288,596,364 Prepaid expenses 10(v) 1,745,544 2,019,080 Inventory 544,515 478,129 300,928,940 291,093,573 Accumulated surplus 11 467,268,597 442,040,633 The accompanying notes are an integral part of the consolidated financial statements. DRAFT - FOR DISCUSSION ONLY Page 3 - 109 - The Corporation of the City of Pickering Consolidated statement of operations Year ended December 31, 2021 2021 2020 Budget Actual Actual Notes $ $ $ (Note 18) Revenue Residential and farm taxation 58,492,935 59,310,500 56,949,868 Commercial and industrial taxation 11,677,969 11,559,233 11,667,761 Taxation from other governments 8,165,459 8,266,805 8,144,562 User charges 10,002,063 10,418,337 10,202,955 Government grants and fees 12,502,218 7,382,655 4,303,265 Other contributions and donations 10,760,085 5,436,152 923,088 Development charges and developer contributions earned 29,204,180 2,915,766 7,160,454 Contributed tangible capital assets 10(i) — 3,047,542 4,522,900 Investment income 525,000 630,296 1,164,835 Penalties and interests on taxes 2,415,000 3,504,311 2,694,486 Fines 722,000 661,988 771,141 Interest on promissory notes 5(c) 1,035,350 1,035,800 1,035,350 Sale of land — — 101,294 Casino revenue 4,000,000 5,575,176 — Equity share of Elexicon Corporation earnings 4(b) — 4,876,212 3,206,200 Other 266,058 537,539 389,420 149,768,317 125,158,312 113,237,579 Expenses 19 General government 23,413,285 23,612,658 21,056,822 Protection to persons and property 29,673,578 27,945,517 27,230,041 Transportation services 15,098,725 14,996,975 14,342,228 Environmental services 3,082,114 2,743,525 2,895,227 Social and family services 1,163,291 645,439 746,248 Recreational and cultural services 29,802,037 26,142,900 26,222,267 Planning and development 5,547,859 3,640,971 3,406,437 Loss on disposal of tangible capital assets — 202,363 51,316 107,780,889 99,930,348 95,950,586 Annual surplus 41,987,428 25,227,964 17,286,993 Accumulated surplus, beginning of year 442,040,633 442,040,633 424,753,640 Accumulated surplus, end of year 484,028,061 467,268,597 442,040,633 The accompanying notes are an integral part of the consolidated financial statements. DRAFT - FOR DISCUSSION ONLY Page 4 - 110 - The Corporation of the City of Pickering Consolidated statement of change in net financial assets Year ended December 31, 2021 2021 2020 Budget Actual Actual $ $ $ (Note 18) Annual surplus 41,987,428 25,227,964 17,286,993 Acquisition of tangible capital assets (72,286,800) (32,186,500) (29,021,454) Amortization of tangible capital assets 11,721,800 11,710,898 11,958,685 Loss on disposal of tangible capital assets — 202,363 51,316 Proceeds on disposal of tangible capital assets — 109,082 223,481 (18,577,572) 5,063,807 499,021 Transfer of assets under construction to tangible capital assets — 6,460,299 1,237,667 Assets under construction expensed — 3,661,341 53,605 — 10,121,640 1,291,272 Acquisition of inventory of supplies — (935,105) (732,948) Use of inventory of supplies — 868,719 739,357 Acquisition of prepaid expenses — (84,198) (312,406) Use of prepaid expenses — 357,734 326,624 — 207,150 20,627 Change in net financial assets (18,577,572) 15,392,597 1,810,920 Net financial assets, beginning of year 150,947,060 150,947,060 149,136,140 Net financial assets, end of year 132,369,488 166,339,657 150,947,060 The accompanying notes are an integral part of the consolidated financial statements. DRAFT - FOR DISCUSSION ONLY Page 5 - 111 - The Corporation of the City of Pickering Consolidated statement of cash flows Year ended December 31, 2021 2021 2020 $ $ Operating transactions Annual surplus 25,227,964 17,286,993 Non-cash items Amortization of tangible capital assets 11,710,898 11,958,685 Loss on disposal of tangible capital assets 202,363 51,316 Equity share of Elexicon Corporation (4,876,212) (3,206,200) Contributed tangible capital assets recorded in revenue (3,047,542) (4,522,900) Change in non-cash operating items Taxes receivable 3,477,546 (5,451,131) Accounts receivable (4,230,881) 1,477,359 Accounts payable and accrued liabilities (340,886) 11,776,098 Other current liabilities 61,087 (13,636) Deferred revenue 10,886,181 9,937,372 Post-employment benefit liability 1,196,389 634,182 WSIB benefit liabilities 185,173 722,577 Inventory (66,386) 6,409 Prepaid expenses 273,536 14,218 40,659,230 40,671,342 Capital transactions Acquisition of tangible capital assets (net of transfers and contributions) (19,017,318) (23,207,282) Proceeds on disposal of tangible capital assets 109,082 223,481 (18,908,236) (22,983,801) Investing transactions Increase in investments (24,502,734) (47,790,863) Dividends received from Elexicon Corporation 3,172,745 3,152,067 (21,329,989) (44,638,796) Financing transactions Proceeds from debentures issued 15,568,000 1,856,000 Principal repayment of debentures (3,944,385) (3,557,342) Decrease in note receivable 291,229 282,699 11,914,844 (1,418,643) Increase (decrease) in cash and cash equivalents 12,335,849 (28,369,898) Cash and cash equivalents, beginning of year 81,028,753 109,398,651 Cash and cash equivalents, end of year 93,364,602 81,028,753 Cash and cash equivalents consists of Cash 68,432,602 33,395,753 Cash equivalents 24,932,000 47,633,000 93,364,602 81,028,753 The accompanying notes are an integral part of the consolidated financial statements. DRAFT - FOR DISCUSSION ONLY Page 6 - 112 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 1.Significant accounting policies The consolidated financial statements (the “financial statements”) of The Corporation of the City of Pickering (the “City”) are the representations of management prepared in accordance with accounting standards established by the Public Sector Accounting Board (“PSAB”) of Chartered Professional Accountants of Canada (CPA Canada). Significant accounting policies adopted by the City are as follows: (a)Reporting entity (i)Consolidated financial statements The consolidated financial statements reflect the assets, liabilities, revenues and expenses of the reporting entity. The reporting entity is comprised of the activities of all committees of Council and the City of Pickering Public Library Board which is controlled by the City. All material inter-fund transactions and balances are eliminated on consolidation. (ii)Investment in government business enterprise The City’s investment in Elexicon Corporation (formerly Veridian Corporation until March 31, 2019) is accounted for on a modified equity basis, consistent with Canadian public sector accounting standards for investments in government business enterprises. Under the modified equity basis, Elexicon Corporation’s accounting policies are not adjusted to conform to those of the City and inter-organizational transactions and balances are not eliminated. The City recognizes its equity interest in the annual earnings or loss of Elexicon Corporation in its Consolidated Statement of Operations with a corresponding increase or decrease in its investment asset account. Dividends that the City may receive from Elexicon Corporation and other capital transactions are reflected as adjustments in the investment asset account. (iii)Operations of School Boards and the Regional Municipality of Durham The taxation, other revenues, expenses, assets and liabilities with respect to the operations of the school boards and the Regional Municipality of Durham (the “Region”) are not reflected in these consolidated financial statements. (iv)Trust Funds Trust Funds and their related operations administered by the City are not consolidated but are reported separately on the Trust Funds Statement of Financial Activities and Fund Balance and Statement of Financial Position. (b)Basis of accounting (i)Accrual basis of accounting Revenue and expenses are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they are earned and measurable; expenses are recognized as they are incurred and measurable as a result of the receipt of goods and services and the creation of a legal obligation to pay. (ii)Cash and cash equivalents Cash and cash equivalents consist of cash on hand, demand deposits and short-term, highly liquid investments that are readily convertible to known amounts of cash. Cash equivalents have a short-term maturity of three months or less from the date of acquisition. DRAFT - FOR DISCUSSION ONLY Page 7 - 113 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 1.Significant accounting policies (continued) (b)Basis of accounting (continued) (iii)Investments Long-term investments are recorded at cost and any loss in value which is considered other than temporary is recorded as incurred. Any premium or discount at the purchase of an investment is amortized over the life of the investment. (iv)Tangible capital assets Tangible capital assets are recorded at cost less accumulated amortization. Cost includes all costs directly related to the acquisition or construction of the tangible capital asset including transportation costs, installation costs, design and engineering fees, legal fees and site preparation costs. Amortization is recorded on the straight-line basis over the estimated useful life of the tangible capital asset commencing once the asset is available for use as follows: Buildings 5 to 50 years Machinery and equipment Various Vehicles 7 to 15 years Infrastructure – Roads 10 to 75 years Infrastructure - Storm sewers 50 to 100 years Infrastructure - Sidewalks 15 to 75 years Infrastructure - Parks 10 to 100 years Information technology hardware 4 to 10 years Library collection materials 4 to 7 years Furniture and fixtures various One half of the annual amortization is charged in the year of acquisition and in the year of disposal. Assets under construction are not amortized until the tangible capital asset is available for productive use. Land is not amortized. Tangible capital assets received as contributions are recorded at their fair value at the date contributed, with the corresponding amount recorded as revenue. (v)Accounting for Property Tax Capping Provisions resulting from the Ontario Fair Assessment System The net impact on property taxes as a result of the application of the capping provisions does not affect the Consolidated Statement of Operations as the full amounts of the property taxes were levied. However, the capping adjustments are reported on the Consolidated Statement of Financial Position as a receivable/payable from/to the Region. (vi)Deferred revenue Deferred revenue represents contributions, user charges and fees which have been collected but for which the related services have yet to be performed. These amounts will be recognized as revenue in the fiscal year the services are performed. In addition, any contributions received with external restrictions are deferred until the related expenditures are made. . DRAFT - FOR DISCUSSION ONLY Page 8 - 114 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 1.Significant accounting policies (continued) (b)Basis of accounting (continued) (vii)Post-employment benefits The present value of the cost of providing employees with future benefit programs is recognized as employees earn these entitlements through service. Actuarial gains and losses are amortized over the average remaining service period (“ARSP”). The City’s actuary determined the ARSP to be between 11 to 13 years, depending on the employee group. For WSIB benefit obligations that arise from specific events that occur from time to time, the cost is recognized immediately in the period the events occur. Actuarial gains and losses are amortized over the ARSP of 15 years (viii)Inventory Inventory is valued at the lower of cost and replacement cost. Cost is determined on a weighted-average basis. (ix)Government transfers Government transfers are recognized as revenue by the City in the period in which the transfers are authorized and any eligibility criteria are met, unless they are restricted through stipulations that require specific actions to be carried out in order to keep the transfer or discharge the liability. For such transfers, revenue is recognized when the stipulation has been met. (x)Tax revenue Tax revenue is recognized on all taxable properties within the City that are included in the tax roll provided by the Municipal Property Assessment Corporation, using property tax values included in the tax roll or property tax values that can be reasonably estimated by the City as it relates to supplementary or omitted assessments, at tax rates authorized by Council for the City’s own purposes in the period for which the tax is levied. (xi)Casino revenue The City is a beneficiary of a contribution agreement with Ontario Lottery and Gaming Corporation (OLG) for hosting a casino within the municipality. Pickering is entitled to receive a share of the gaming revenue on a quarterly basis for hosting the Pickering Casino Resort which opened on July 26, 2021. Casino revenue is recognized as earned in line with the contribution agreement. (xii)Intangible assets Intangible assets are not recognized as assets in the financial statements. DRAFT - FOR DISCUSSION ONLY Page 9 - 115 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 1.Significant accounting policies (continued) (b)Basis of accounting (continued) (xiii)Contaminated sites Contaminated sites are the result of contamination being introduced into air, soil, water or sediment of a chemical, organic, or radioactive material or live organism that exceeds an environmental standard. A liability for remediation of contaminated sites is recognized, net of any expected recoveries, when all of the following criteria are met: (a)an environmental standard exists; (b)contamination exceeds the environmental standard; (c)the City is directly responsible or accepts responsibility for the liability; (d)future economic benefits will be given up; and (e)a reasonable estimate of the liability can be made. A liability is recorded only for sites that are not in productive use or if there was an unexpected event that resulted in contamination. Changes in estimates are recorded in the City’s statement of operations. The City does not have any liability for contaminated sites recorded in the consolidated financial statements. (xiv)Land held for resale Land permanently removed from service that meets the criteria for inventory held for resale are recorded as “land held for resale” on the Consolidated Statement of Financial Position and is recorded at the lower of cost and net realizable value. Those that do not meet these criteria continue to be recorded as part of tangible capital assets on the Consolidated Statement of Financial Position. (xv)Use of estimates The preparation of financial statements in conformity with Canadian public sector accounting standards requires management to make estimates and assumptions that affect the reported amounts in the financial statements and accompanying notes. Accounts involving significant estimates include allowance for doubtful accounts, certain accrued liabilities, post-employment benefits liability, WSIB liabilities and estimates relating to the useful lives of tangible capital assets. Actual results could differ from these estimates. 2.Operations of school boards and the Regional Municipality of Durham Further to Note 1(a)(iii), requisitions are made by the Regional Municipality of Durham and School Boards requiring the City to collect property taxes and payments in lieu of property taxes on their behalf. The amounts collected and remitted are summarized as follows: 2021 2020 Region School board Region School board $$ $$ Taxation 128,126,225 47,751,880 123,410,198 50,621,485 Payments in lieu of taxes 6,090,166 346,689 5,912,908 358,363 134,216,391 48,098,569 129,323,106 50,979,848 Page 10 DRAFT - FOR DISCUSSION ONLY- 116 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 3.Investments 2021 2020 Cost Market value Cost Market value $$ $$ Investments 140,255,810 140,364,738 115,753,076 116,513,133 Investments are comprised of deposit notes, bonds, and guaranteed investment certificates. 4.Investment in government business enterprise (a)Elexicon Corporation was formed on April 1, 2019, in which the City holds a 27.88% interest in Elexicon Corporation. Elexicon Corporation, as a government business enterprise, is accounted for on the modified equity basis in these financial statements. Elexicon Corporation serves as the electrical distribution utility for a number of communities and conducts non-regulated utility service ventures through its subsidiaries. DRAFT - FOR DISCUSSION ONLY Page 11 - 117 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 4. Investment in government business enterprise (continued) (a) The following table provides condensed supplementary consolidated financial information for Elexicon Corporation and its subsidiaries as at and for the period ended December 31, 2021. The amounts are disclosed in thousands of dollars: 2021 2020 (000’s) (000’s) $ $ Assets Current 104,266 98,525 Capital and intangibles 584,949 535,401 Other 341 161 Total assets 689,556 634,087 Regulatory balances 39,164 26,912 Total assets and regulatory balances 728,720 660,999 Liabilities Current 85,153 88,743 Long-term debt 258,526 214,502 Other 132,520 110,913 Total liabilities 476,199 414,158 Shareholders’ equity Share capital 97,692 97,692 Contributed capital 25 25 2019 Contributed Surplus 79,301 79,301 Accumulated other comprehensive loss (1,257) (1,815) Retained earnings 75,354 69,802 Total equity 251,115 245,005 Regulatory balances 1,406 1,836 Total liabilities, equity and regulatory balances 728,720 660,999 2021 2020 (000’s) (000’s) $ $ Comprehensive income Commodity revenue 417,285 473,986 Commodity expenses (426,225) (480,262) Distribution revenue 84,070 79,380 Operating expenses (69,322) (64,189) Other expense (1,560) (8,955) Accumulated other comprehensive loss 558 (999) Net movements in regulatory balances, net of tax 12,684 12,539 Total comprehensive income for the year 17,490 11,500 DRAFT - FOR DISCUSSION ONLY Page 12 - 118 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 4. Investment in government business enterprise (continued) (b) Equity in Elexicon Corporation The City’s equity in Elexicon Corporation is as follows at the end of 2021: 2021 2020 $ $ Balance, beginning of year 96,430,956 96,376,823 Equity share of net earnings from Elexicon Corporation 4,876,212 3,206,200 Dividend received (3,172,745) (3,152,067) Balance, end of year 98,134,423 96,430,956 (c) City of Pickering’s investment is represented by: 2021 2020 $ $ Promissory notes receivable (Note 5) 25,069,000 25,069,000 Investments in Elexicon Corporation (formerly Veridian) Initial investment in shares of the Corporation 30,496,196 30,496,196 Amalgamation adjustments 12,849,416 12,849,416 Accumulated earnings 65,058,065 60,181,853 Accumulated dividends received (39,196,982) (36,024,237) Adjustment to value of investment 815,708 815,708 70,022,403 68,318,936 (d) Contingencies and guarantees of Elexicon Corporation (the “Corporation”) as disclosed in their consolidated financial statements are as follows: (i) Insurance claims The Corporation is a member of the Municipal Electric Association Reciprocal Insurance Exchange (“MEARIE”) which was created on January 1, 1987. A reciprocal insurance exchange may be defined as a group of persons formed for the purpose of exchanging reciprocal contracts of indemnity or inter-insurance with each other. MEARIE provides general liability insurance to member electric utilities. MEARIE also provides vehicle and property insurance to the Corporation. Insurance premiums charged to each member utility consist of a levy per $1,000 of service revenue subject to a credit or surcharge based on each electric utility’s claims experience. The maximum coverage is $40,000,000 per occurrence for liability insurance, $21,000,000 for vehicle insurance and $198,798,000 for property insurance and $12,000,000 for privacy, cyber, and network security insurance. DRAFT - FOR DISCUSSION ONLY Page 13 - 119 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 4. Investment in government business enterprise (continued) (d) Contingencies and guarantees of Elexicon Corporation (the “Corporation”) as disclosed in their consolidated financial statements are as follows: (continued) (ii) Contractual obligation - Hydro One Networks Inc. (“HONI”) The Corporation’s subsidiary, Elexicon Energy Inc. (“EEI”) (formerly Veridian Connections Inc.), is party to a connection and cost recovery agreement with HONI related to the construction by HONI of a transformer station designated to meet EEI’s anticipated electricity load growth. Construction of the project was completed during 2007 and EEI connected to the transformer station during 2008. To the extent that the cost of the project is not recoverable from future transformation connection revenues, EEI is obligated to pay a capital contribution equal to the difference between these revenues and the construction costs allocated to EEI. The construction costs allocated to EEI for the project are $19,950,000. Hydro One has performed a true-up based on actual load at the end of the tenth anniversary of the in-service date and the Corporation has paid nil in 2021 ($2,135,000 in 2020) to Hydro One and recognized the same as an intangible asset. Hydro One is expected to perform another true-up based on actual load at the end of the fifteenth anniversary of the in-service date. (iii) Prudential support Purchasers of electricity in Ontario, through the Independent Electricity System Operator (“IESO”), are required to provide security to mitigate the risk of default based on their expected activity in the market. The IESO could draw on this security if the Corporation fails to make the payment required on a default notice issued by the IESO. The Corporation has provided a $64,000,000 guarantee to the IESO on behalf of EEI. Additionally, the Corporation has provided letters of credit for $807,000 to the IESO for prudential support. (iv) General claims From time to time, the Corporation is involved in various lawsuits, claims and regulatory proceedings in the normal course of business. In the opinion of management, the outcome of such matters will not have a material adverse effect on the Corporation’s consolidated financial position and results of operations or cash flows. (e) Lease commitments Future minimum lease payment obligations under operating leases are as follows: $ 2022 217,000 2023 177,000 2024 124,000 2025 95,000 2026 71,000 Thereafter 44,000 728,000 DRAFT - FOR DISCUSSION ONLY Page 14 - 120 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 5. Promissory notes receivable 2021 2020 $ $ Elexicon Corporation 7,095,000 7,095,000 Elexicon Energy Inc. 17,974,000 17,974,000 25,069,000 25,069,000 (a) Maturity The promissory notes were issued by the legacy Veridian Corporation and Veridian Connections Inc. and were assumed by Elexicon Corporation and Elexicon Energy Inc. upon amalgamation on April 1, 2019. The promissory notes under Elexicon Corporation and Elexicon Energy Inc. are due on demand. The City has agreed not to demand repayment of the notes prior to December 31, 2022. (b) Interest rate Commencing April 1, 2019 for a ten-year period, interest on the notes will be determined based on the deemed long-term interest rate prescribed by the Ontario Energy Board in its most recent cost of capital parameter update (“OEB rate”). As of April 1, 2019, the OEB rate was determined at 4.13%. On the tenth year anniversary of the note, the interest rate will be adjusted to the OEB rate in effect at that time. Thereafter, the interest rate will be adjusted to the OEB rate in effect at the earlier of: (i) The five year anniversary of the most recent interest rate adjustment of these notes, and (ii) The date on which Elexicon Energy Inc. files a cost of service application with the Ontario Energy Board. The City may demand full or partial repayment with sixty days’ notice of the principal and accrued interest. (c) Interest revenue Interest revenue earned from these notes receivable totaled $1,035,800 ($1,035,350 in 2020). 6. Deferred revenue 2021 2020 $ $ Obligatory reserve funds Development charges 77,078,827 69,376,247 Parkland 8,631,353 8,321,222 Federal gas tax 10,996,128 8,063,995 Third party/Developer's contributions reserve fund 3,358,782 3,218,778 100,065,090 88,980,242 Other unearned revenues 5,030,469 5,229,136 105,095,559 94,209,378 DRAFT - FOR DISCUSSION ONLY Page 15 - 121 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 6.Deferred revenue (continued) Continuity of deferred revenue is as follows: 2021 2020 $ $ Balance, beginning of year 94,209,378 84,272,006 Restricted funds received 15,916,281 16,968,168 General funds received 3,239,001 3,414,767 Interest earned (restricted funds) 1,045,285 1,385,545 20,200,567 21,768,480 Earned restricted revenue transferred to operations 5,876,718 9,762,200 Earned revenue transferred to operations 3,437,668 2,068,908 9,314,386 11,831,108 Balance, end of year 105,095,559 94,209,378 7.Interfund loans As a means of funding various capital acquisitions, funds are borrowed by the Capital Fund from Development Charges deferred revenue (obligatory reserve funds). These funds are secured by promissory notes with interest rates ranging from 0.50% to 2.50% and various payment terms ranging from 2 years to 10 years. The financing arrangements and ultimate repayment are approved by Council through the current budget process. Although these notes have payment terms as noted above, they are repayable on demand. The following is a summary of the related interfund loans: 2021 2020 $ $ Roads 486,000 768,398 Community facilities, libraries and parks 80,804 515,265 Protection services — 173,385 566,804 1,457,048 8.Post-employment benefits liability (a)Post-employment benefits liability The City makes available to qualifying employees who retire before the age of 65, the opportunity to continue their coverage for benefits such as post-retirement extended healthcare benefits. Coverage ceases at the age of 65. The City also provides full time and permanent part-time employees a sick time entitlement and any unused entitlement is accumulated year to year. This accumulated entitlement is not vested and is forfeited at the time of retirement or termination. The most recent actuarial valuation of the post-employment benefits was performed at December 31, 2020, with projections for December 31, 2021. DRAFT - FOR DISCUSSION ONLY Page 16 - 122 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 8. Post-employment benefits liability (continued) (a) Post-employment benefits liability (continued) Plan amendment In the current year, a benefit plan amendment was made to extend coverage for a restricted group of retirees effective January 1, 2021. The impact of the plan addition, has been recognized immediately as a plan amendment cost and shown in the table below. Information about the City’s benefits liability is as follows: 2021 2020 $ $ Accrued benefits liability, beginning of year 7,505,863 6,871,681 Current service costs 670,900 599,463 Plan mmendment 593,898 — Interest on accrued benefits 354,203 417,634 Amortization of actuarial losses 557,421 564,657 Benefits paid during the year (980,033) (947,572) Accrued benefits liability, end of year 8,702,252 7,505,863 Accrued benefit obligation 12,006,466 11,367,498 Unamortized actuarial losses (3,304,214) (3,861,635) Accrued benefits liability, end of year 8,702,252 7,505,863 The main actuarial assumptions employed in the actuarial valuations for the post-employment benefits are as follows: (i) Discount rate The present value as at December 31, 2021 of the future benefits was determined using a discount rate of 3.00% (3.00% in 2020). (ii) Dental costs The dental cost trend rate was 3.75% (3.75% in 2020) increase per annum. (iii) Health costs Health costs were assumed to increase at 5.43% (5.76% in 2020) and decrease by 0.33% (0.33% in 2020) increments per year to an ultimate rate of 3.75% per year in 2027 and thereafter. DRAFT - FOR DISCUSSION ONLY Page 17 - 123 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 8. Post-employment benefits liability (continued) (b) Workplace Safety and Insurance Board (WSIB) benefit liabilities Effective January 1, 2001, the City became a Schedule II employer under the Workplace Safety & Insurance Act and follows a policy of self-insurance for the risk associated with paying benefits for workplace injuries for all its employees. The WSIB administers the claims related to workplace injuries and is reimbursed by the City. The most recent actuarial valuation of the WSIB benefits was performed at December 31, 2020, with projections for December 31, 2021. Information about the City’s WSIB benefit liability is as follows: 2021 2020 $ $ Accrued WSIB liability, beginning of year 2,691,240 1,968,663 Survivor award — 674,288 Current service cost 192,771 136,396 Interest on accrued benefits 92,191 91,793 Amortization of actuarial losses 31,561 30,254 Benefits paid during the year (131,350) (210,154) 2,876,413 2,691,240 Accrued benefit obligation 3,195,939 3,042,327 Unamortized actuarial losses (319,526) (351,087) Accrued benefits liability, end of year 2,876,413 2,691,240 The main actuarial assumptions employed in the actuarial valuations are as follows: (i) Discount rate The present value as at December 31, 2021 of the future benefits was determined using a discount rate of 3.0% (3.0% in 2020). (ii) Inflation rate The rate of inflation was assumed to be 2.50% (2.50% in 2020) per annum. (iii) WSIB Administration Rate Liabilities for WSIB benefits have been increased to 27% to reflect the administration rate charged by WSIB. A WSIB Reserve Fund was established in 2001. The Reserve Fund balance as at December 31, 2021 (Note 11) was $4,000,001 ($4,090,017 as at December 31, 2020). In 2021, the City established an Excess Indemnity Reserve Fund in lieu of purchasing an insurance policy for this type of coverage. The balance in that Reserve Fund as at December 31, 2021 is $722,763. In addition, the City purchased an insurance policy to protect the City against significant claims. The occupational accident insurance pays loss claims up to $500,000 per work related accident. DRAFT - FOR DISCUSSION ONLY Page 18 - 124 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 9. Long-term liabilities (a) The balance of long-term liabilities is made up of the following: 2021 2020 $ $ The City is responsible for the payment of principal and interest charges on long-term liabilities issued by the Regional Municipality of Durham on the City’s behalf. At the end of the year the outstanding principal amount of this liability is 40,742,259 29,118,644 (b) The above long-term liabilities have maturity dates of July 12, 2022, October 16, 2023, July 2, 2029, October 17, 2026 and 2031, October 13, 2022, 2027, 2032 and 2037, September 14, 2023, 2028, 2033 and 2038, November 29, 2024, 2029 and 2039, October 2, 2030 and November 26, 2036 and 2041 with various interest rates ranging from 0.45% to 3.80%. Principal repayments are summarized as follows: $ 2022 3,610,998 2023 3,460,597 2024 2,981,801 2025 2,969,889 2026 3,034,500 Thereafter 24,684,474 40,742,259 (c) Long-term liabilities include principal sums of $443,000 ($952,000 in 2020) which may be refinanced by the issuance of debentures over a further period not to exceed 5 years. (d) The above long-term liabilities have been approved by Council by-law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (e) Interest expense recorded in the year relating to these long-term liabilities is $797,289 ($840,892 in 2020). DRAFT - FOR DISCUSSION ONLY Page 19 - 125 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 10.Tangible capital assets Information relating to tangible capital assets is as follows: (i)Contributed tangible capital assets The City records tangible capital assets contributed by an external party at fair value on the date contributed. Typical examples are roads, storm sewers and sidewalks installed by a developer as part of a subdivision or development agreement. Contributions of tangible capital assets in 2021 amounted to $3,047,542 ($4,522,900 in 2020). (ii)Tangible capital assets recognized at nominal value Land under roads are assigned a nominal value of one Canadian dollar because this land only supports or is intended to support road infrastructure and the majority of land acquired to support road allowances was acquired at no cost. (iii)Works of art and historical treasures The City has a museum which holds various historical treasures and historical buildings pertaining to the heritage and history of the City of Pickering. These items are not recognized as tangible capital assets in the consolidated financial statements because a reasonable estimate of the future benefits associated with such property cannot be made. Any acquisition or betterment of these assets is recognized as an expense in the consolidated financial statements. (iv)Other The net book value of tangible capital assets not being amortized because they are under construction is $24,218,983 ($20,141,455 in 2020). During the year, there were nil write-downs of assets (nil in 2020) and nil interest was capitalized during the year (nil in 2020). (v)Land held for resale As at December 31, 2021, deposits of $1,645,965 ($1,697,050 in 2020) towards five parcels of land are included within prepaid expenses. DRAFT - FOR DISCUSSION ONLY Page 20 - 126 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 10. Tangible capital assets (continued) Machinery Information Library Furniture and technology collection and Land Buildings equipment Vehicles Infrastructure hardware materials fixtures $ $ $ $ $ $ $ $ Cost Balance, beginning of year 62,775,373 115,679,847 11,848,721 16,550,956 302,667,388 2,102,277 2,011,544 1,286,472 Add Additions during the year 1,705,683 1,271,602 328,463 31,490 14,070,358 198,992 313,184 67,560 Less Disposals/transfers during the year 75,268 222,803 572,401 230,576 1,097,129 104,497 363,519 6,029 Balance, end of year 64,405,788 116,728,646 11,604,783 16,351,870 315,640,617 2,196,772 1,961,209 1,348,003 Accumulated amortization Balance, beginning of year — 52,576,260 6,226,857 8,327,089 176,312,269 1,448,112 1,061,081 516,001 Add Amortization — 4,157,181 924,022 1,269,619 4,695,615 248,223 332,443 83,795 Less Accumulated amortization on disposals — 207,696 508,305 214,130 960,696 104,497 363,519 1,934 Balance, end of year — 56,525,745 6,642,574 9,382,578 180,047,188 1,591,838 1,030,005 597,862 Net book value of tangible capital assets 64,405,788 60,202,901 4,962,209 6,969,292 135,593,429 604,934 931,204 750,141 Page 21 - 127 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 10. Tangible capital assets (continued) Machinery Information Library Furniture Assets and technology collection and under Land Buildings equipment Vehicles Infrastructure hardware materials fixtures construction 2020 $ $ $ $ $ $ $ $ $ $ Cost Balance, beginning of year 56,131,344 116,110,819 11,474,029 15,322,005 294,284,392 2,315,390 2,173,665 1,219,298 12,912,198 511,943,140 Add Additions during the year 6,644,029 1,451,112 858,786 1,577,624 9,460,780 190,288 251,132 67,174 8,520,529 29,021,454 Less Disposals/transfers during the year 1,882,084 484,094 348,673 1,077,784 403,401 413,253 — 1,291,272 5,900,561 Balance, end of year 62,775,373 115,679,847 11,848,721 16,550,956 302,667,388 2,102,277 2,011,544 1,286,472 20,141,455 535,064,033 Accumulated amortization Balance, beginning of year — 49,821,890 5,792,731 7,434,250 172,643,999 1,595,204 1,117,646 437,756 — 238,843,476 Add Amortization — 4,520,314 911,820 1,238,895 4,596,414 256,309 356,688 78,245 — 11,958,685 Less Accumulated amortization on disposals — 1,765,944 477,694 346,056 928,144 403,401 413,253 — — 4,334,492 Balance, end of year — 52,576,260 6,226,857 8,327,089 176,312,269 1,448,112 1,061,081 516,001 — 246,467,669 Net book value of tangible capital assets 62,775,373 63,103,587 5,621,864 8,223,867 126,355,119 654,165 950,463 770,471 20,141,455 288,596,364 Page 22 - 128 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 11. Accumulated surplus The City’s accumulated surplus is comprised of the following: 2021 2020 $ $ Capital Fund 25,802,619 14,090,956 Operating Fund 125,259 125,257 Equity in Veridian Corporation 98,134,423 96,430,956 Tangible capital assets 298,638,881 288,596,364 Post-employment benefits liability (8,523,252) (7,326,863) Interfund loans (566,804) (1,457,048) Net long-term liabilities (40,742,259) (29,118,644) Note receivable soccer facility 2,681,988 2,973,217 WSIB benefit liabilities (2,876,413) (2,691,240) Reserves set aside for special purposes by Council Working capital 400,000 400,000 Self insurance 220,031 420,031 Replacement of capital equipment 1,453,707 1,530,567 Contingencies 1,903,746 1,842,591 Rate stabilization 22,105,570 22,036,255 City’s share for development charge 12,143,494 9,647,683 Continuing studies 461,206 295,448 Vehicle replacement 2,187,321 2,214,904 Land purchase 14,403 14,403 Seaton development review 1,437,822 1,437,822 Financial systems 523,308 398,308 Senior centre 2,800,000 2,100,000 Accessibility initiatives 66,840 62,740 Winter control 700,000 700,000 Sustainability initiatives 404,576 398,576 Duffin Heights 1,744,131 1,972,765 Facilities 1,478,976 588,401 Accelerated infrastructure program 519,500 519,500 Fence 510,000 420,000 Minor buildings replacement 1,500,000 1,100,000 Tennis Courts 828,565 688,565 Major Equipment 1,030,214 1,335,265 Museum Collection 12,799 12,799 Recreation Complex 225,000 75,000 Library Building 280,000 180,000 Elected Officials Insurance 210,000 140,000 Casino 5,264,652 — Public Art 350,494 71,120 Reserve funds set aside for special purpose by Council Recreation programs and facilities 395,436 391,332 Acquisition of tangible capital assets 311,943 308,706 WSIB 4,000,001 4,090,017 Animal shelter 1,301,099 914,795 Operations Centre 13,700,349 13,919,376 Roads & bridges 5,962,031 4,398,400 Stormwater management 4,277,035 3,425,064 Ontario Community Infrastructure Fund 1,088,068 743,892 Seaton infrastructure 262,578 259,854 Seaton Financial Impact Agreement 1,796,497 1,363,499 Excess Indemnity 722,763 — 467,268,597 442,040,633 DRAFT - FOR DISCUSSION ONLY Page 23 - 129 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 12.Pension agreement The City makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of the members of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. OMERS provide pension services to over 496,000 active and retired members and about 1,000 employers. Each year an independent actuary determines the funding status of OMERS Primary Pension (the “Plan”) by comparing the actuarial value of the invested assets to the estimated present value of all pension benefits that members have earned to-date. The most recent actuarial valuation of the Plan was conducted as at December 31, 2021. The results of this valuation disclosed total actuarial liabilities as at that date of $119,342 million in respect of benefits accrued for service with actuarial assets at that date of $116,211 million indicating an actuarial deficit of $3,131 million. Because OMERS is a multi-employer plan, any pension plan surpluses or deficits are a joint responsibility of Ontario municipal organizations and their employers. As a result, the City does not recognize any share of the OMERS pension surplus or deficit. Contributions made by the City to OMERS on account of current service for 2021 were $4,265,448 ($4,243,661 in 2020). 13.Trust Funds Trust Funds administered by the City amounting to $383,374 ($379,695 in 2020) have not been included in the consolidated statement of financial position nor have their operations been included in the consolidated statement of operations. 14.Related party transactions Elexicon Corporation The City of Pickering is a shareholder in Elexicon Corporation (Note 4). The City receives electricity and services from Elexicon Corporation and its subsidiary. 2021 2020 $ $ Transactions Revenue Interest on promissory notes 1,035,800 1,035,350 Property taxes levied 35,049 34,702 Expenses Electrical energy and services 1,517,686 1,618,380 Balances Accounts payable and accrued liabilities 275,118 328,978 Promissory notes receivable 25,069,000 25,069,000 DRAFT - FOR DISCUSSION ONLY Page 24 - 130 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 15. Guarantees In the normal course of business, the City enters into agreements which contain guarantees. The City’s primary guarantees are as follows: (i) The City has provided indemnities under lease agreements for the use of various facilities or land. Under the terms of these agreements the City agrees to indemnify the counterparties for various items including, but not limited to, all liabilities, loss, suits, and damages arising during, on or after the term of the agreement. The maximum amount of any potential future payment cannot be reasonably estimated. (ii) The City indemnifies all employees and elected officials including Library employees and board members for various items including, but not limited to, all costs to settle suits or actions due to association with the City, subject to certain restrictions. The City has purchased liability insurance to mitigate the cost of any potential future suits or actions. The term of the indemnification is not explicitly defined, but is limited to the period over which the indemnified party served as an employee or elected official of the City. The maximum amount of any potential future payment cannot be reasonably estimated. (iii) The City has entered into agreements that may include indemnities in favour of third parties, such as purchase and sale agreements, confidentiality agreements, engagement letters with advisors and consultants, outsourcing agreements, leasing contracts, information technology agreements and service agreements. These indemnification agreements may require the City to compensate counterparties for losses incurred by the counterparties as a result of breaches in representation and regulations or as a result of litigation claims or statutory sanctions that may be suffered by the counterparty as a consequence of the transaction. The terms of these indemnities are not explicitly defined and the maximum amount of any potential reimbursement cannot be reasonably estimated. The nature of these indemnification agreements prevents the City from making a reasonable estimate of the maximum exposure due to the difficulties in assessing the amount of liability which stems from the unpredictability of future events and the unlimited coverage offered to counterparties. Historically, the City has not made any significant payments under such or similar indemnification agreements and therefore no amount has been accrued in the balance sheet with respect to these agreements. 16. Contingent liabilities Litigation The City has been named as a defendant in certain legal actions in which damages have been sought. The outcome of these actions is not determinable as at the date of reporting and accordingly, no provision has been made in these consolidated financial statements for any liabilities which may result. 17. Contractual arrangement The City entered into a provisional license agreement with the Pickering Soccer Club (PSC) for the PSC to occupy and operate the Pickering Indoor Soccer Facility (the “Facility”). The term of the agreement is 15 years from November 5, 2014 to November 4, 2029. Under the terms of the agreement, the PSC will repay 52.25% of the City’s total cost of purchasing the land, constructing the Facility and the related improvements. In 2015, the City recorded a receivable from PSC in the amount of $4,550,000 based on preliminary project cost figures, with a 15 year repayment term at a variable interest rate ranging from 1.2% to 3.8%. This amount will be adjusted for the total project construction costs, once the agreement is finalized. DRAFT - FOR DISCUSSION ONLY Page 25 - 131 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 17. Contractual arrangement (continued) PSC has commenced its soccer program operations and is operating the Facility at its own expense including all repairs and maintenance. Once a final form of agreement is executed the total amount of the PSC’s obligation will be re-calculated, as agreed, to reflect any adjustments to the total project construction costs. 18. Budget figures The 2021 Budget adopted by Council on March 22, 2021 was not prepared on a basis consistent with that used to report actual results. The budget was prepared on a modified accrual basis while Canadian Public Sector Accounting Standards require a full accrual basis of accounting. The budget figures treated all tangible capital asset acquisitions as expenditures and did not include amortization expense on tangible capital assets or post-employment benefits expenses on a full accrual basis. As a result, the budget figures presented in the consolidated statements of operations and change in net financial assets represent the budget adopted by Council on March 22, 2021 with adjustments as follows: 2021 Post-2021 Council Non TCA employment Budget approved expenditures benefits/ presented in budget from capital amortization statements $ $$$ Revenue Taxation 78,336,363 — — 78,336,363 Capital 47,135,250 — — 47,135,250 Other 24,296,704 — — 24,296,704 149,768,317 — — 149,768,317 Expenditures General government 20,490,090 650,000 2,273,195 23,413,285 Protection to persons and property 28,545,363 — 1,128,215 29,673,578 Transportation services 10,834,957 — 4,263,768 15,098,725 Environmental services 1,662,495 — 1,419,619 3,082,114 Social and family services 1,163,291 — — 1,163,291 Recreational and cultural services 25,530,745 255,000 4,016,292 29,802,037 Planning and development 5,545,586 — 2,273 5,547,859 93,772,527 905,000 13,103,362 107,780,889 Annual surplus (deficit) 55,995,790 (905,000) (13,103,362) 41,987,428 Capital expenditures (73,191,800) 1,387,000 — (71,804,800) Transfers from reserve and reserve funds 4,285,059 Dividend from Veridian Corporation 3,172,744 Principal repayment of debt (4,640,193) Principal repayment of PSC note 239,000 Debt proceeds 14,014,400 Prior year operating fund surplus (125,000) DRAFT - FOR DISCUSSION ONLY Page 26 - 132 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 19. Segmented information The City of Pickering is a diversified municipal government that provides a wide range of services to its residents. Distinguishable functional segments have been separately disclosed in the segmented information. The nature of the segments and the activities they encompass are as follows: General government This item relates to revenues and expenses of the City itself and cannot be directly attributed to a specific segment. Protection to persons and property Protection includes fire services, animal control, bylaw services, building inspection and enforcement of the building code to ensure the safety and protection of all citizens and their property. Public works services Public works includes construction and maintenance of the City’s roadways, including snow removal, sidewalk repairs, street lighting and maintenance of the storm water system. Social and family services Social services for assistance or services for seniors. Recreation and culture services Recreation and cultural services include recreation programs, maintenance and rental of facilities and parks, operation of the City’s museum and library services. Planning and development Planning and development provides a number of services including municipal planning and review of all property development plans. Segmented information has been provided in the following pages. DRAFT - FOR DISCUSSION ONLY Page 27 - 133 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 19.Segmented information (continued) Protection Social and to persons Public works Recreational Planning and family General 2021 and property services and cultural development services government Consolidated $ $ $ $ $ $ $ Revenue Grants 27,200 2,948,944 1,145,998 — 256,404 3,004,109 7,382,655 User charges 5,772,302 328,498 1,735,944 1,534,630 17,715 1,029,248 10,418,337 Tax related revenues — — — — — 82,640,849 82,640,849 Developer and other contributions 602,092 4,960,966 1,262,308 139,790 5,062 1,381,700 8,351,918 Contributed tangible capital assets — 2,847,228 — — — 200,314 3,047,542 Casino Revenue — — — — — 5,575,176 5,575,176 Income from government business enterprise — — — — — 4,876,212 4,876,212 Other revenues 734,500 — 9,339 — — 2,121,784 2,865,623 7,136,094 11,085,636 4,153,589 1,674,420 279,181 100,829,392 125,158,312 Expenses Salaries and wages 23,693,198 6,141,149 15,485,038 3,195,434 253,736 12,108,992 60,877,547 Materials and supplies 2,513,062 4,045,676 4,876,624 223,922 139,235 9,062,089 20,860,608 Contracted services 656,321 1,262,829 562,468 221,615 185,507 1,967,647 4,856,387 Amortization 907,787 5,916,861 4,150,594 — — 735,656 11,710,898 Other 175,149 373,985 1,068,176 — 66,961 (261,726) 1,422,545 Loss on disposal of tangible capital assets — 41,424 12,726 — — 148,213 202,363 27,945,517 17,781,924 26,155,626 3,640,971 645,439 23,760,871 99,930,348 Annual (deficit) surplus (20,809,423) (6,696,288) (22,002,037) (1,966,551) (366,258) 77,068,521 25,227,964 Page 28 - 134 - The Corporation of the City of Pickering Notes to the consolidated financial statements December 31, 2021 19.Segmented information (continued) Protection to persons and property $ Public works services $ Recreational and cultural $ Planning and development $ Social and family services $ General government $ 2020 Consolidated $ Revenue Grants 60,113 2,921,453 1,031,829 — 106,842 183,028 4,303,265 User charges 5,075,820 108,864 2,258,972 2,007,863 41,862 709,574 10,202,955 Tax related revenues — — — — — 79,456,677 79,456,677 Developer and other contributions 755,543 2,122,472 3,207,850 132,471 6,000 1,859,206 8,083,542 Contributed tangible capital assets — 3,993,726 — — — 529,174 4,522,900 Income from government business enterprise — — — — — 3,206,200 3,206,200 Other revenues 810,550 — 18,356 — — 2,633,134 3,462,040 6,702,026 9,146,515 6,517,007 2,140,334 154,704 88,576,993 113,237,579 Expenses Salaries and wages 23,091,692 5,884,913 15,298,073 2,913,716 290,651 11,924,042 59,403,087 Materials and supplies 2,491,930 3,783,806 5,215,226 192,592 118,546 6,764,494 18,566,594 Contracted services 582,160 1,376,837 695,766 288,802 254,012 1,241,387 4,438,964 Amortization 941,872 5,769,408 4,239,925 1,180 — 1,006,300 11,958,685 Other 122,387 422,491 773,277 10,147 83,039 120,599 1,531,940 Loss (gain) on disposal of tangible capital assets (8,518) 123,094 16,495 — — (79,755) 51,316 27,221,523 17,360,549 26,238,762 3,406,437 746,248 20,977,067 95,950,586 Annual (deficit) surplus (20,519,497) (8,214,034) (19,721,755) (1,266,103) (591,544) 67,599,926 17,286,993 Page 29 - 135 - Report to Council Report Number: CLK 04-23 Date: March 27, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Establishment and Implementation of a Lobbyist Registry -File: A - 1440 Recommendation: 1.That Report CLK 04-23 regarding the establishment and implementation of a Lobbyist Registry be received; 2.That the draft By-law, included as Attachment #1 to CLK 04-23, be approved and enacted to implement a Lobbyist Registry; 3.That approval be granted to enter into a Single Source agreement with J-SAS Inc., operating as Lobby Registry, for services and software, to implement an on-line registry system in the amount of $5,000.00 (plus HST), and that such funds be included in the 2023 Budget for this purpose; 4.That the City Clerk be authorized to create forms and establish such procedures as are necessary pertaining to the maintenance and enforcement of the Lobbyist Registry, including a mechanism and framework for complaint protocols; and, 5.That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to the recommendations in this Report. Executive Summary: At its Meeting held on January 23, 2023, through Resolution #58/23, Council directed the City Clerk to engage the services of the City of Pickering’s Integrity Commissioner to establish a framework for a City of Pickering Lobbyist Registry and report back to Council on the options and associated costs to implement such Registry no later than the March 27, 2023 Council meeting and to provide for the implementation of the Registry in the 2023 Budget year. This report is provided as a result of the direction to staff and outlines the options and recommended framework for a Lobbyist Registry for the City of Pickering. Financial Implications: The cost to implement the software needed for an online lobbyist registry is $5,000.00 (plus HST) annually. Costs associated with providing advice to public office holders and lobbyists, as well as any investigations required as a result of a lobbyist not complying with the provisions of the Lobbyist Registry By-law, will be undertaken by the City’s Integrity Commissioner as the -Cdt;of- Pl(KER]NG - 136 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 2 Lobbyist Registrar. This work will be billed at the hourly rate of $275.00 per hour as established in the existing agreement between Principles Integrity and the City of Pickering. The annual costs associated with the work undertaken by the Lobbyist Registrar will not fully be known until the Registry has been in place for some time, and will be dependent on the extent to which the registry is utilized. That said, funds will be included in the 2023 Budget for Integrity Commissioner services which may be utilized to cover costs associated with the enforcement of the Lobbyist Registry. When the registry has been in place for at least one year, staff will assess the activity and costs associated with any investigations or advice provided by the Lobbyist Registrar, and will ensure that adequate funds are included in future budgets for this purpose. Aside from the costs noted above, staff time to manage and oversee the registry, and to work in coordination with the Lobbyist Registrar, will also be monitored, and any impacts or the need for additional resources will be reported to Council at the appropriate time. Discussion: Part V.1 of the Municipal Act, 2001 (the “Act”), provides parameters pertaining to accountability and transparency for local governments. Section 223.9 authorizes municipalities to establish and maintain a registry in which shall be kept returns as may be required by the municipality that are filed by persons who lobby public office holders. Section 223.9(2), provides authority for a system of registration of persons who lobby public office holders and outlines the general requirements of the registry should it be created. Section 223.9(2) enables a municipality to: 1. Define “lobby”. 2. Require persons who lobby public office holders to file returns and give information to the municipality. 3. Specify the returns to be filed and the information to be given to the municipality by persons who lobby public office holders and specify the time within which the returns must be filed and the information provided. 4. Exempt persons from the requirement to file returns and provide information. 5. Specify activities with respect to which the requirement to file returns and provide information does not apply. 6. Establish a code of conduct for persons who lobby public office holders. 7. Prohibit former public office holders from lobbying current public office holders for the period of time specified in the by-law. 8. Prohibit a person from lobbying public office holders without being registered. 9. Impose conditions for registration, continued registration or a renewal of registration. 10. Refuse to register a person, and suspend or revoke a registration. 11. Prohibit persons who lobby public office holders from receiving payment that is in whole or in part contingent on the successful outcome of any lobbying activities. The Act further provides that the registry shall be available for public inspection in the manner and during the time that the municipality may determine, and authorizes the municipality to appoint a Registrar who is responsible for performing, in an independent manner, the functions assigned by the municipality with respect to the registry. - 137 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 3 The Act does not prescribe any other details pertaining the registry, nor does it prescribe the information that the lobbyist is required to provide on the registry. This will be discussed in the next section of this Report under Lobbyist Framework Options. Lobbyist Framework Options: Out of the 444 municipalities in Ontario, 9 currently have a lobbyist registry framework in place: • City of Brampton • City of Burlington • Town of Collingwood • City of Hamilton • Region of Niagara • City of Ottawa • Region of Peel • City of Toronto • City of Vaughan Thorough research was conducted to compare how these municipalities have implemented their registries as well as their best practices. Through this research it was discovered that all 9 municipalities have very similar frameworks with the exception of minor differences in the deadlines for when a lobbyist must disclose the lobbying activity on the registry, the definition of public office holder, and who carries out the Registrar responsibilities. That said, the variances were mainly only seen in one municipality, and the remaining 8 municipalities all included similar parameters and provisions within their frameworks. The research demonstrated that there are three framework models that could be implemented for a lobbyist registry: 1. Voluntary Registry – No Enforcement a. A voluntary registry has no formal enforcement and lobbyists may choose to register with the Clerk who then posts the registrations online. b. There is no complaint mechanism with this model. 2. Mandatory Registry – Self-Enforcement (Self-monitored) a. A mandatory registry with no formal enforcement wherein anyone who wishes to undertake lobbying activities must register with the Clerk who then posts the registrations online. b. Council Members are responsible for enforcement e.g. the onus is on the Member of Council not to meet with someone they consider to be a lobbyist, unless the individual has registered as a lobbyist. c. Utilization of the Code of Conduct for Members of Council so that any interactions with unregistered lobbyists or acceptance of gifts from lobbyists can be enforced as breaches of the Code through complaints submitted to the Integrity Commissioner. - 138 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 4 3. Mandatory Registry – With Enforcement Measures a. A mandatory registry with enforcement provisions. b. Development of a Code of Conduct for Lobbyists. c. Amend the Code of Conduct for Members of Council to codify appropriate interactions with lobbyists. d. Development of a complaint protocol wherein individuals may file a complaint with the Registrar (Integrity Commissioner) if they believe that a lobbyist is not following the Lobbyist Code of Conduct. e. Enactment of a by-law which includes penalties for contraventions of the Lobbyist Registry By-law. Of all the municipalities who have implemented a lobbyist registry, all are utilizing Option 3, a mandatory registry with enforcement measures, with the exception of the City of Burlington who has implemented Option 2, a mandatory registry with self-enforcement (self-monitored). In collaboration with the City’s Integrity Commissioner, the model being recommended for the City of Pickering is Option 3, a mandatory registry with enforcement measures, and the framework being proposed is based largely on the Town of Collingwood. Under the Option 3 model, the onus rests mainly with the lobbyist who will be required to register lobbying activity within 10 business days from the activity occurring. The registration could be made either before or after the lobbying has occurred as long as it is within the 10 business days. Despite the responsibility of the lobbyist in this regard, it is also prudent for a public officer holder who is being lobbied, to proactively check the registry to see whether an individual who is lobbying them has registered and if not, the public office holder should inform the lobbyist of their responsibilities to do so and direct them to the Clerk’s Office should they require any further information regarding the process. Under the draft By-law (Attachment #1), there are three categories of Lobbyists, and they are defined as follows: a) “Consultant Lobbyist": an individual who lobbies for payment on behalf of a client (another individual, a business, partnership, organization or other entity); b) “In-house Lobbyist": an individual who is an employee, partner or sole proprietor and who lobbies on behalf of his or her own employer, business or other entity; and c) “Voluntary Lobbyist": an individual who lobbies without payment on behalf of an individual, business or any other entity for the benefit of the interests of the individual, business or entity. Lobbying activity is defined in the draft By-law as “any communication with a Public Office Holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any matter before Council, a Committee of Council, or a staff member acting under delegated authority.” Under Section 1 of the draft By-law “communication” is defined as any substantive form of communication including a formal meeting, email, letter, phone call or meaningful dialogue or exchange, that materially advances a matter that is defined as Lobbying, whether in a formal or an informal setting. - 139 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 5 Public Office Holder means: a) A member of Council; b) An officer or employee of the City in a management position or with decision making powers or who has direct contact with Council, a committee and/or local board; c) A member of a local board or committee established by Council; d) Employees who work on municipal elections in a supervisory role; e) An Accountability Officer, including but not limited to the Integrity Commissioner, the Lobbyist Registrar, Ombudsman, and Closed Meeting Investigator; f) Individuals providing professional services to the City during the course of providing such services. Anyone who lobbies a Public Office Holder must register themselves on the Lobbyist Registry and must also register any lobbying activity that will or has occurred. Lobbying activity must be registered within 10 business days of the initial communication. Under the provisions of the draft By-law, the Registration shall include: a) the name, address and contact information of the Lobbyist; b) if they are a Consultant Lobbyist, In-house Lobbyist or Voluntary Lobbyist; c) the name of the individual, client or other entity, including all business names under which the individual, client or other entity is operating, and on whose behalf they are Lobbying; d) the name of the individual or individuals being Lobbied; e) the subject matter and date on which the Lobbying will start and finish, with the date on which the Lobbying finishes being no more than one year after the date on which the Lobbying began; and, f) such further information as the Lobbyist Registrar may require. In addition to the items listed above, the lobbyist will also be required to acknowledge that they have read the Lobbyist Registry By-law and Lobbyist Code of Conduct by making a declaration statement at the time of registration. In accordance with Section 223.11(1) of the Act, the municipality may appoint a lobbyist registrar who is responsible for performing, in an independent manner, the functions assigned by the municipality with respect to the registry. As outlined in Section 6 of the draft By-law, these responsibilities have been shared between the City Clerk and the Integrity Commissioner. Should a lobbyist contravene any provisions of the By-law, they will be temporarily banned from communicating with any public office holders in a lobbying capacity. The length of time for the ban varies based on the number of times the By-law has been contravened by any one lobbyist. The first contravention will result in a 30 day ban, the second contravention a 60 day ban, and a third contravention will be a time determined by the Lobbyist Registrar that will be longer than 60 days. If a lobbyist contravenes the By-law, they will receive a written notice advising them of the temporary ban and the notice will be copied to all Members of Council and applicable staff for their awareness. Upon receipt of notice, public office holders must ensure that they do not meet with those lobbyists who are on a temporary ban. These penalties are consistent with most lobbyist registry by-laws in Ontario. - 140 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 6 It should be noted that Sections 3 and 4 of the draft By-law provide for exempted persons, organizations and activities that do not fall under the provisions of the Lobbyist Registry By- law: Exempted Persons and Organizations: “The following persons shall not be considered Lobbyists when acting in their public capacity: a) Government or public sector, other than the City: (i) Members of the Senate or House of Commons of Canada, the legislative assembly of a province, the council or legislative assembly of a territory, or persons on the staff of the members (ii) Members of a First Nation council as defined in the Indian Act or of the council of an Indian band established by an Act of the Parliament of Canada, or persons on the staff of the members; (iii) Employees or consultants retained by the Government of Canada, the government of a province or territory, a First Nation council, a federal or provincial crown corporation or other federal or provincial public agency; (iv) Members of a council or other statutory body, including a local board, charged with the administration of the civil or municipal affairs of a municipality in Canada other than the City, persons on staff of the members, or officers or employees of the municipality or local board; (v) Members of a national or sub-national foreign government, persons on the staff of the members, or officers, employees, diplomatic agents, consular officers or official representatives in Canada of the government. b) Officials and employees of the City and other municipal bodies: (i) Public Office Holders; (ii) Members or employees of a local board of the City; (iii) Appointed members of a committee established by Council. c) Other public sector: (i) Persons communicating on behalf of local school boards; (ii) Persons communicating on behalf of healthcare institutions.” Exempted Activities: “Lobbying does not include: a) communication that occurs during a meeting of Council or a Committee of Council; b) communication that occurs during a public process such as a public meeting, hearing, consultation, open house or media event held or sponsored by the City or a Public Office Holder or related to an application; c) communication that is restricted to a request for information; d) communication that is restricted to compliments or complaints about a service or program; e) communication with a Public Office Holder by an individual on behalf of an individual, business or other entity about: - 141 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 7 (i) the enforcement, interpretation or application of any Act or by-law by the Public Office Holder and with respect to the individual, business or other entity; (ii) the implementation or administration of any policy, program, directive or guideline by the Public Office Holder and with respect to the individual, business or other entity; (iii) a personal matter of the individual, business or other entity unless it is communication that is in respect of a matter that falls under the definition of Lobbying, that is for the special benefit of the individual, business or other entity; f) communication by an applicant, an interested party or their representatives with respect to an application for a service, grant, planning approval, permit or other license or permission; (i) with a Public Office Holder if the communication is restricted to providing general information on an application, including a proposed or pending application, or to inquire about the application review process; (ii) with an employee of the City if the communication is part of the normal course of the approval process; (iii) with an employee of the City if the communication is with respect to planning or development applications and the officer or employee has a role in the processing of a planning or development application during the formal pre-application consultation, the filing of the application and the application review process, including the preparation of development agreements; g) submitting a bid proposal as part of the procurement process and any communication with designated employees of the City as permitted in the procurement policies and procurement documents of the City; h) communication with a Public Office Holder by an individual on behalf of an individual, business or other entity in direct response to a written request from the Public Office Holder; i) communication to a Public Office Holder by a constituent, or an individual on behalf of a constituent on a general neighbourhood or public policy issue; j) communication directly related to those City-initiated consultative meetings and processes where an individual is participating as a stakeholder; communication for or against a policy or program that states a position where the primary focus is a broad community benefit or detriment, whether City-wide or local, and where that position would have no direct, indirect or perceived benefit to a business or financial interest of the individual, business or other entity on whose behalf the communication is undertaken;” Section 4.2 of the draft By-law further states that the Lobbyist Registrar may exempt Lobbying from some or all the requirements of the Bylaw if they are satisfied in advance by a Lobbyist that registration could reasonably be expected to prejudice the economic interests of the City of Pickering or the competitive position of the City of Pickering. Implementation of the Lobbyist Registry As part of the implementation of a lobbyist registry, there will be a communication plan to help educate lobbyists, the public and public office holders on how the registry works and the expectations outlined in the Lobbyist Registry By-law. Through the use of a dedicated - 142 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 8 webpage, infographics, FAQs, and the City’s social media channels, information will be provided on the new program. As part of the education roll out, the penalties outlined in the draft By-law are proposed to not take effect until the registry has been in place for at least 6 months. This 6 month penalty free period has proven successful in other municipalities and offers a grace period to provide education and information to those who will be utilizing the Registry. Accordingly, it is recommended that the By-law be enacted at the March 27, 2023 Council Meeting to allow staff to proceed with the setup of the registry software and begin the education process, but that the penalties outlined under Section 6 of the draft By-law not take effect until November 1, 2023. On-line Registry Software Staff reached out to the municipalities who currently have a lobbyist registry to inquire about what software was used to house the registry and provide for lobbyist registration. Through this outreach, we discovered that the software was either created in-house by respective Information Technology Departments, or municipalities undertook a Request for Proposal (RFP) process for software and related services to build the registry. As most of the registries have been in place for quite some time, we were informed that when municipalities were establishing their lobby registry programs, there was no company that specialized in these services. As a result, bids were obtained through an RFP process and resulted in awarding bids in excess of $100,000 - $150,000 as the vendor(s) had to build a customized lobby registry platform. Since that time, a new Canadian company called J-SAS Inc., operating as Lobby Registry, has been established and it offers an affordable, “out-of-the-box”, yet customizable solution, specifically for Lobbyist Registries. Staff in Legislative Services, Information Technology (IT), and the City’s Website Coordinator, received a demonstration of the product and were satisfied that the solution was a viable option. Through discussions with IT, an in-house solution, which would be similar to an embedded spreadsheet on the City’s Lobbyist Registry webpage, would take upwards of six months to establish, and would not guarantee the reporting features that the Lobby Registry software solution offers. J-SAS Inc. is based in Mississauga, and all of the data contained in the Lobby Registry cloud- based solution resides in Canada. The software offers an easy to use platform for a lobbyist to register their profile and any lobbying activity, as well as easy access search functions for the public to explore any lobbying activity that has taken place. In addition to these features, the software provides for robust reporting that will provide metrics on lobbying trends which will inform annual reports on lobbying activity. Additionally, with the Lobby Registry software allowing for an individual to register as a lobbyist and register their lobbying activity independently, it removes the need to have a dedicated staff person manually enter in all of the data. Providing a mechanism in which the lobbyist can register their own profiles and activity, in accordance with the provisions of the draft By-law, eliminates any delays in the information being included on the registry. Staff in the Clerk’s Office will continue to work with the Lobbyist Registrar (Integrity Commissioner) and will oversee the on-line Registry and its maintenance, however, it will be a much more streamlined process than an in-house, manual type of entry system, which some municipalities advised was a cumbersome and time consuming process. - 143 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 9 The software solution costs for Lobby Registry are based on population. With Pickering being just under the 100,000 population count, the solution will cost $5,000.00 (plus HST) annually. Once the population increases above 100,000, the cost of the solution will increase to $7,500.00 (plus HST) annually. As this is the only company that City staff could find that has an “out-of-the-box” solution for a lobbyist registry at an affordable cost, staff are requesting approval to single source this expense and are proposing to use it for one year to determine whether it meets the City’s needs. Should it prove inadequate, staff will report back to Council and advise on next steps to find another more suitable solution which could then involve embarking on a full RFP process. In conclusion, staff have conducted research into the various lobbyist frameworks currently being used by those 9 municipalities in Ontario that have one, and are recommending a mandatory lobbyist registry with a penalty system for the City of Pickering. Staff seek Council’s approval of the attached draft by-law and to enter into a single source for the purchase of software and services from Lobbyist Registry for an on-line lobbyist registry system, after which time staff will move forward with the setup of the Registry and carry out the communication and education plan. Attachments: 1.Draft Lobbyist Registry By-law and Lobbyist Code of Conduct 2.Lobby Registry Product Screenshots Prepared By: Approved/Endorsed By: Susan Cassel Paul Bigioni City Clerk Director, Corporate Services & City Solicitor Approved/Endorsed By: Cathy Bazinet Manager, Procurement Original Signed By:Original Signed By: Original Signed By: - 144 - CLK 04-23 March 27, 2023 Subject: Establishment and Implementation of a Lobbyist Registry Page 10 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 145 - The Corporation of the City of Pickering By-law No. 8003/23 Being a by-law to establish and maintain a Lobbyist Registry for The Corporation of the City of Pickering Whereas access to local government is an essential element of democratic governance; And Whereas lobbying by honest and appropriate means is a legitimate activity; And Whereas it is reasonable for Members of Council and the public at large to know the nature and amount of legitimate lobbying of local government; And Whereas Council desires to establish and maintain a Lobbyist Registry and appoint a Lobbyist Registrar to provide transparency about persons who lobby the City of Pickering’s Public Office Holders; And Whereas Section 223.9 of the Municipal Act, 2001, authorizes the City of Pickering to establish and maintain a Lobbyist Registry in which shall be kept Registrations and Returns filed by persons who Lobby the City of Pickering’s Public Office Holders; And Whereas Section 223.11 of the Municipal Act, 2001, authorizes the City of Pickering to appoint a Lobbyist Registrar who is responsible for performing in an independent manner the functions assigned by the City of Pickering with respect to the Lobbyist Registry; And Whereas Sections 8, 9, and 10 of the Municipal Act, 2001, authorize the City of Pickering to pass by-laws that are necessary or desirable for municipal purposes, and in particular paragraph 2 of subsection 10(2) authorizes by-laws respecting the accountability and transparency of the municipality and its operations; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part 1: Definitions 1.For the purposes of this By-law: “City” means The Corporation of the City of Pickering “Communication” means any substantive form of communication including a formal meeting, email, letter, phone call or meaningful dialogue or exchange, that materially advances a matter that is defined as Lobbying, whether in a formal or an informal setting; "Council" means the Council of The Corporation of the City of Pickering; "Lobby" or “Lobbying” means any communication with a Public Office Holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision on any Attachment #1 to Report CLK 04-23 - 146 - By-law No. 8003/23 Page 2 matter before Council, a Committee of Council, or a staff member acting under delegated authority; "Lobbyist" means: a)“Consultant Lobbyist": an individual who lobbies for payment on behalf of a client (another individual, a business, partnership, organization or other entity); b)“In-house Lobbyist": an individual who is an employee, partner or sole proprietor and who lobbies on behalf of his or her own employer, business or other entity; and c) “Voluntary Lobbyist": an individual who lobbies without payment on behalf of an individual, business or any other entity for the benefit of the interests of the individual, business or entity; “Lobbyist Registrar" means the individual appointed by Council in accordance with Section 223.11 of the Municipal Act, 2001; “Lobbyist Registry” means a system of registration in which shall be kept the Registrations and Returns of persons who lobby Public Office Holders and which shall include such information as determined by the Lobbyist Registrar; "Public Office Holder" means: a)A member of Council; b)An officer or employee of the City in a management position or with decision making powers or who has direct contact with Council, a committee and/or local board; c)A member of a local board or committee established by Council; d)Employees who work on municipal elections in a supervisory role; e)An Accountability Officer, including but not limited to the Integrity Commissioner, the Lobbyist Registrar, Ombudsman, and Closed Meeting Investigator; f)Individuals providing professional services to the City during the course of providing such services. "Registration" means a first filing by a Lobbyist regarding a subject matter they intend to Lobby on as set out in subsection 8.1 of this By-law; and, "Return" means an update of a Registration filed by a Lobbyist as set out in subsection 8.2 of this By-law. Part 2: Establishment of a Lobbyist Registry 2.Lobbyist Registry 2.1. The Lobbyist Registry is established pursuant to Section 223.9 of Part V.1 of the Municipal Act, 2001. - 147 - By-law No. 8003/23 Page 3 a)The Lobbyist Registry shall be available for public inspection through electronic, web-based access at all reasonable times. b)The Lobbyist Code of Conduct is attached hereto as Schedule “A” and forms part of this By-law. 3.Exempted Persons and Organizations 3.1. The following persons shall not be considered Lobbyists when acting in their public capacity: a) Government or public sector, other than the City: (i)Members of the Senate or House of Commons of Canada, the legislative assembly of a province, the council or legislative assembly of a territory, or persons on the staff of the members; (ii)Members of a First Nation council as defined in the Indian Act or of the council of an Indian band established by an Act of the Parliament of Canada, or persons on the staff of the members; (iii)Employees or consultants retained by the Government of Canada, the government of a province or territory, a First Nation council, a federal or provincial crown corporation or other federal or provincial public agency; (iv)Members of a council or other statutory body, including a local board, charged with the administration of the civil or municipal affairs of a municipality in Canada other than the City, persons on staff of the members, or officers or employees of the municipality or local board; (v)Members of a national or sub-national foreign government, persons on the staff of the members, or officers, employees, diplomatic agents, consular officers or official representatives in Canada of the government. b)Officials and employees of the City and other municipal bodies: (i)Public Office Holders; (ii)Members or employees of a local board of the City; (iii)Appointed members of a committee established by Council. c)Other public sector: (i)Persons communicating on behalf of local school boards; (ii)Persons communicating on behalf of healthcare institutions. 4.Exempted Activities 4.1. Lobbying does not include: - 148 - By-law No. 8003/23 Page 4 a)communication that occurs during a meeting of Council or a Committee of Council; b)communication that occurs during a public process such as a public meeting, hearing, consultation, open house or media event held or sponsored by the City or a Public Office Holder or related to an application; c)communication that is restricted to a request for information; d)communication that is restricted to compliments or complaints about a service or program; e)communication with a Public Office Holder by an individual on behalf of an individual, business or other entity about: (i)the enforcement, interpretation or application of any Act or by-law by the Public Office Holder and with respect to the individual, business or other entity; (ii)the implementation or administration of any policy, program, directive or guideline by the Public Office Holder and with respect to the individual, business or other entity; (iii)a personal matter of the individual, business or other entity unless it is communication that is in respect of a matter that falls under the definition of Lobbying, that is for the special benefit of the individual, business or other entity; f)communication by an applicant, an interested party or their representatives with respect to an application for a service, grant, planning approval, permit or other license or permission; (i)with a Public Office Holder if the communication is restricted to providing general information on an application, including a proposed or pending application, or to inquire about the application review process; (ii)with an employee of the City if the communication is part of the normal course of the approval process; (iii)with an employee of the City if the communication is with respect to planning or development applications and the officer or employee has a role in the processing of a planning or development application during the formal pre- application consultation, the filing of the application and the application review process, including the preparation of development agreements; g)submitting a bid proposal as part of the procurement process and any communication with designated employees of the City as permitted in the procurement policies and procurement documents of the City; h)communication with a Public Office Holder by an individual on behalf of an individual, business or other entity in direct response to a written request from the Public Office Holder; - 149 - By-law No. 8003/23 Page 5 i)communication to a Public Office Holder by a constituent, or an individual on behalf of a constituent on a general neighbourhood or public policy issue; j)communication directly related to those City-initiated consultative meetings and processes where an individual is participating as a stakeholder; communication for or against a policy or program that states a position where the primary focus is a broad community benefit or detriment, whether City-wide or local, and where that position would have no direct, indirect or perceived benefit to a business or financial interest of the individual, business or other entity on whose behalf the communication is undertaken; 4.2. The Lobbyist Registrar may exempt Lobbying from some or all the requirements of this Bylaw if they are satisfied in advance by a Lobbyist that Registration could reasonably be expected to prejudice the economic interests of the City of Pickering or the competitive position of the City of Pickering. 5.Prohibitions 5.1. No person, on whose behalf another person undertakes Lobbying activities, shall make a payment for the Lobbying activities that is in whole or in part contingent on the successful outcome of any Lobbying activities. 5.2. No person who Lobbies a Public Office Holder shall receive payment that is in whole or in part contingent on the successful outcome of any lobbying activities. 5.3. No former Public Office Holder shall engage in Lobbying activities for a period of twelve (12) months after ceasing to be a Public Office Holder of the City. 6.Lobbyist Registrar 6.1. The City of Pickering’s Integrity Commissioner is herein appointed as the Lobbyist Registrar in accordance with section 223.11 of the Municipal Act, 2001. The City Clerk, or their designate, will work in collaboration with the Lobbyist Registrar to achieve their respective responsibilities as follows: 6.2. The Lobbyist Registrar's responsibilities include: a)providing advice, opinions and interpretation pertaining to the administration, application and enforcement of this By-law; b)conducting inquiries in respect of a request made about compliance with this By-law, which may include requesting that a Public Office Holder gather information concerning Lobbying of themselves and provide that information to Lobbyist Registrar; c)enforcing this By-law; d)suspending, revoking or refusing a Registration or Return; e)advising Council on Lobbying matters and recommending improvements to this Bylaw; and, - 150 - By-law No. 8003/23 Page 6 f)providing an annual report to Council and any other reports as the Lobbyist Registrar considers appropriate. 6.3. The City Clerk’s responsibilities include: a)overseeing the establishment and maintenance of a Lobbyist Registry, including determining the Lobbyist Registry's form and content, in which shall be kept the Registrations and Returns filed by Lobbyists under Section 8 of this By-law; b)making the Lobbyist Registry available for public inspection through electronic, web- based access at all reasonable times, namely: (i)that a Registration or Return is on the Lobbyist Registry within a reasonable timeframe after it is filed; and, (ii)that the Lobbyist Registry is accessible except during regular maintenance or due to circumstances beyond the City of Pickering's control. 7.Responsibilities of a Public Office Holder 7.1. A Public Office Holder's responsibilities include: a)responding, in a timely and complete manner, to a request from the Lobbyist Registrar under subsection 6.2 of this By-law to gather and provide information; and, b)ending, as soon as practicable, Lobbying by a Lobbyist who is prohibited from Lobbying and reporting, in a timely manner, such Lobbying to the Lobbyist Registrar. 7.2. Except when responding to a request from the Lobbyist Registrar under subsection 6.2, a Public Office Holder's responsibilities under this By-law do not include gathering or providing information concerning Lobbying of the Public Office Holder. Part 3: Registration and Reporting of Lobbying Activity 8.Registrations and Returns 8.1. All Lobbyists shall file a Return regarding Lobbying communication within ten (10) business days of the initial communication occurring. The Registration shall include: a)the name, address and contact information of the Lobbyist; b)if they are a Consultant Lobbyist, In-house Lobbyist or Voluntary Lobbyist; c)the name of the individual, client or other entity, including all business names under which the individual, client or other entity is operating, and on whose behalf they are Lobbying; d)the name of the individual or individuals being Lobbied; e)the subject matter and date on which the Lobbying will start and finish, with the date on which the Lobbying finishes being no more than one year after the date on which the Lobbying began; and, - 151 - By-law No. 8003/23 Page 7 f)such further information as the Lobbyist Registrar may require. 8.2. A Lobbyist shall file a Return updating any change to their Registration immediately. 8.3. If Lobbying continues for more than one year, a Lobbyist shall file a new Registration for each year the Lobbying continues. 8.4. The Lobbyist is solely responsible for meeting the requirements with respect to Registrations and Returns set out in this section. 8.5. Lobbyists shall read and adhere to the Code of Conduct for Lobbyists during all Lobbying activities with Public Office Holders. Part 4: Enforcement and Penalties 9.Penalties 9.1. The Registrar may impose a temporary ban on communication in accordance with the following scheme if the Registrar finds that the requirements of this By-law and Code of Conduct have not been met: a)for 30 days for a first contravention; b)for 60 days for a second contravention; c)for a period of time longer than 60 days as determined by the Lobbyist Registrar for a third or subsequent contravention. 9.2. When the Lobbyist Registrar prohibits an individual from Lobbying, the Lobbyist Registrar: a)shall notify the individual and all Public Office Holders of the prohibition and the reason for the prohibition in such manner as the Lobbyist Registrar determines; and, b)may post the prohibition and the reason for the prohibition on the City’s Lobbyist Registry webpage/website. 9.3. The Lobbyist Registrar may, in collaboration with the City Clerk, remove a Registration or Return from the Lobbyist Registry if the Lobbyist Registrar finds that the individual who filed the Registration or Return has contravened this By-law. 9.4. When a Registration or Return is removed from the Lobbyist Registry, the individual who filed the Registration or Return is deemed, for the purposes of their existing and future obligations under this By-law, not to have filed the Registration or Return. 9.5. In accordance with subsection 223.12(7) of the Municipal Act, 2001, should the Lobbyist Registrar determine, when conducting an inquiry, that there are reasonable grounds to believe that an individual has contravened a provincial Act or the Criminal Code of Canada, the Lobbyist Registrar shall immediately refer the matter to appropriate authorities and suspend the inquiry pending the outcome of any resulting police investigation. - 152 - By-law No. 8003/23 Page 8 Part 5: Title, Scope, and Interpretation 10. This By-law shall be known as the Lobbyist Registry By-law. 11. In the event of a conflict between the provisions of this By-law and the provisions of another By-law of the Corporation of the City of Pickering, the provisions of the more restrictive enactment shall prevail. 12. In the event any provision, or part thereof, of this By-law is found by a court of competent jurisdiction, to be ultra vires, such provision or part thereof, shall be deemed to be severed, and the remaining portion of such provision and all provisions of this by-law shall remain in full force and effect. 13. This By-law shall come into force and effect on March 27, 2023, with the exception of Part 4: Enforcement and Penalties, which shall come into force and effect on November 1, 2023. By-law passed this 27th day of March, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 153 - By-law No. 8003/23 Page 9 Schedule “A” Lobbyist Code of Conduct Lobbyists are expected to comply with the standards of behaviour for Lobbyists and the conduct of Lobbying activities as set out in this Code of Conduct when Lobbying Public Office Holders. 1. Honesty: Lobbyists shall conduct themselves with honesty and integrity in all dealings with Public Office Holders, clients, employers, the public and other Lobbyists. 2. Openness: Lobbyists shall be open and transparent about their Lobbying activities at all times while maintaining necessary confidentiality. 3.Disclosure of Identity and Purpose: a.Lobbyists communicating with Public Office Holders shall, at all times, disclose the identity of the individual, business or organization on whose behalf they are Lobbying, as well as the subject matter of the communication. b.Lobbyists shall register their name and company information and all Lobbying activity with Public Office Holders on the Lobbyist Registry according to the Lobbyist By-law. 4.Information and Confidentiality: a.Lobbyists shall inform their client, employer, or organization of the obligations under the Lobbyist Registry By-Law and their obligations to adhere to the Lobbyist Code of Conduct. b.Lobbyists shall provide information that is accurate and factual to Public Office Holders. c.Lobbyists shall not knowingly mislead anyone and shall use proper care to avoid doing so inadvertently. d.Lobbyists shall not divulge confidential information unless they have obtained informed consent of their client, employer or organization or unless disclosure is required by law. e.Lobbyists shall not use any confidential information obtained in the course of their Lobbying activities to the disadvantage of their client, employer or organization. 5.Competing Interests: a.Lobbyists shall not represent conflicting or competing interests without the written consent of those whose interests are involved. - 154 - By-law No. 8003/23 Page 10 b.Lobbyists shall advise Public Office Holders that they have informed their clients of any potential or actual conflict of interest and obtained the written consent of each client concerned before proceeding or continuing Lobbying activities. c.Lobbyists shall not Lobby Public Office Holders on a subject matter for which they provide advice to the City. 6.Improper Influence: a.Lobbyists shall avoid both the deed and the appearance of impropriety. b.Lobbyists shall not knowingly place a Public Office Holder in a conflict of interest or in a breach of Council and Staff Code of Conducts. 7.Restriction on Communication: a.Lobbyists shall not communicate with Public Office Holders in relation to a procurement process except as stipulated in the City’s procurement policies and procurement documents. b.Lobbyists shall not engage in Lobbying activities where the Lobbyist Registrar has prohibited them from Lobbying Activities with the City for a specified time period. - 155 - Appendix A: Product Screenshots Enabling Transparent Government Lobby Registry | 4 Robert Speck Parkway, Suite 1500 Mississauga, Ontario L4Z 1S1 Attachment #2 to Report CLK 04-23 ♦ L0BBV REGISTRY -Ell Lobbying Profile .!el\JP';OOrPl'OhJoOMiflltllltll'lem~•-~ IWlrl\t(J~ Lobbying Activity Moi't ~~T'IO'I yo....ot•!ObOylnQOnd 1owt,,otn. OKlil19Actlvrty fi Number of lobbyist Profiles Created Occutrences of Lobbying Activity Initiated by Month July2021 Jur,e 2021 May2021 ,p,12021 Who was Lt>bbiod? I\UgU$12021 Joly 202.l June 2021 May2021 April 2021 Lobbiod 06partmonts Search the Re gistry ~~fOLJf~-=ietMl:IMaP'l)(D ~lflt pl.l.blc ,(IQClfd Active Profile11 Recent Actlvlty Eric Tao - 156 - Configurable Municipal Declarations Enabling Transparent Government Lobby Registry | 4 Robert Speck Parkway, Suite 1500 Mississauga, Ontario L4Z 1S1 ♦ L0BBV REGISTRY M L.obb\"'1!I A<:11- All ·-- ...... ~....., .. __ .. -Co .._.,.,,, Todd Sampson Em ploy,,,: Go<den Co Client. X StarVEnd Data: 202 1--08--09 -202 1-08~13 l.<Oby AelM!y Top1es Communkat\on Methods Activity Description Lobblod Party -- Town of North Hamllton iMlllllll'llia'.,..__....,_.~_.1..._..a.11'0,-0KIMIOffldllll'I ,..._~-~~Ool'-NO .......... ,.,, ... Ulllflllptlleodllal~-... -..,11111~ 'M IOMftfa-Nilllllfflladllll-Clf!MWllld-~,..-JNl'IIWC-..1111 _...,10 ....... 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Ofb •Oty--- X - - 158 - Advanced search capabilities Ability for municipalities to download all data to create customized reports Enabling Transparent Government Lobby Registry | 4 Robert Speck Parkway, Suite 1500 Mississauga, Ontario L4Z 1S1 ♦ L0BBV REGISTRY • LOBBY REOISTRV ...,__i,l.f Municipa,tity Daahbomd ~1;1fl..obbyi:dPn::rfils■C...,t.:f f-KlfUllf)'2023 ~2012 ~ was lobbied? AbraTrKirna -Clt'(C-ounclllar Arrlll~-Cliy~ t(llllilllfl, Rltrymond • 01,-~ ..,,..,__, _......,_,_,,. ©curTWnC-. of LDbbying Activity lnitiali,d by Month -2023 January 202"J _,.., ©,,-""-" EI CI Prof!IM AclWtry Dllon-. --u.c """20r. _, - 159 - PJ(KERJNG Report to Council Report Number: CAO 06-23 Date: March 27, 2023 From:Marisa Carpino Chief Administrative Officer Subject:Municipal Accommodation Tax Program -File: A-1440 Recommendation: 1.That Council approves, in principle, the inclusion of the Municipal Accommodation Tax Program for the 2023 Budget for financial planning purposes; 2.That the appropriate City of Pickering staff report back to Council with a proposed Municipal Accommodation Tax implementation plan and associated By-law; and 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Municipal Accommodation Tax (MAT) is a local tax levied by municipalities on short-term rental accommodations such as hotels, motels, and Airbnb rentals. The purpose of the tax is to generate revenue for the municipality to support local tourism initiatives. The collected revenues will enable new developments in tourism services, provide greater support for tourism organizations and businesses and facilitate investment in infrastructure that supports new and enhanced visitor services and programs. Pickering will benefit from the Municipal Accommodation Tax Program (MAT Program), with investments made through new programs, enhanced services, infrastructure and lifestyle improvements without an increase or impact to property taxes. The standard rate amongst major cities across Ontario is four percent. Municipalities have also utilized a gradual rate increase approach, introducing the tax rate at two percent and increasing by one percent annually until reaching a permanent four percent tax rate. As per the Municipal Act, municipalities must allocate a portion of the revenue to a destination marketing organization. The MAT Program has been implemented by approximately 45 municipalities in Ontario, including Oshawa, Toronto, Mississauga, Oakville, Markham, London, and Ottawa. Cities of comparable size have reported the tax can generate approximately $400,000 to $700,000 annually. City of Toronto reportedly generates approximately $24 million annually through their MAT Program. Financial Implications: City of Pickering is currently home to two accommodation properties. The Comfort Inn Pickering with approximately 146 rooms and the Pickering Casino Resort with 275 rooms. In order to forecast the MAT revenues for the City, a calculation was - 160 - + CAO 06-23 March 27, 2023 Subject: Municipal Accommodation Tax Page 2 done based on the existing hotels and their average daily rate. As part of the forecast, a hotel occupancy range of 50 percent and 73 percent was utilized. The 73 percent occupancy rate was derived from previous CBRE studies and is assumed as the industry standard average occupancy rate. A lower threshold of 50 percent occupancy rate was also investigated to provide a revenue forecast range. Table One provides a breakdown of the potential MAT revenues at the 4 percent rate based on the two occupancy levels. 73%50% Comfort Inn $197,620.64 $135,356.60 Casino 568,604.30 389,455.00 Total $766,224.94 $524,811.60 Occupancy Table One Estimated MAT Revenues (12 Months) In addition, the MAT can also be applied to dwelling units operating as Short-Term Rentals such as Airbnb and VRBO properties. If Council decides to adopt the MAT, staff would recommend that short term rentals be also included. Even at the 50 percent occupancy rate, the MAT represents a significant funding opportunity. Discussion: On November 23, 2017, the Province of Ontario issued the Transient Accommodation Regulation 435/17, which came into effect December 1, 2017, and provides the necessary provisions for municipalities across Ontario to implement a Municipal Accommodation Tax. The Regulation applies if a municipality imposes a tax through a By-law in respect of the purchase of transient accommodation in the municipality under Section 400.1 of the Municipal Act. The aim of the legislation is to generate new revenues that increases capacity in the community for the development of competitive tourism products and promotion, increasing overnight stays which in-turn, increases local economic activity. The MAT supported initiatives include the enhancing of existing tourism products including sport, art, music, heritage and other cultural offerings that contribute to Pickering’s high quality of life for residents, as well as developing new programs that will improve visitor experience. The MAT Program represents an opportunity to develop, support and facilitate new larger-scale tourism projects without impacting property taxes. In the Weeds – How Would it Work? The Municipal Act specifically defines how the MAT revenues are to be spent. The legislation states under Ontario Regulation 435/17 that the MAT revenues shall be paid to eligible “tourism entities.” An “eligible tourism entity” is defined as a non-profit entity whose mandate includes the promotion of tourism in a municipality. - 161 - CAO 06-23 March 27, 2023 Subject: Municipal Accommodation Tax Page 3 The City of Pickering currently does not have an eligible tourism entity that qualifies under this program. To implement the MAT, the City must create an eligible entity as defined under the Municipal Act which is a Municipal Services Corporation (MSC). The City requires the approval of Region of Durham for the creation of a Municipal Service Corporation. The City’s Corporate Services Department will take the lead on working with Region of Durham as it pertains to the creation of the MSC. An MSC is a corporation whose shares are owned by a municipality and which provides a system, service or thing that the municipality is authorized to provide. Preliminary discussions with senior Region staff indicate that there should be no issue or concerns from a Regional perspective regarding the creation of a MSC for Pickering. Under Ontario Regulation 599/06, 50 percent of the MAT revenues will be allocated to the MSC after deduction of the municipality’s reasonable costs of collecting and administering the tax. (The Finance Department will be responsible for the collection of these fees). The residual balance of the funds will be invested to support directly and indirectly tourism capital infrastructure . These funds will contribute to a sustainable, creative, and smart local economy, while also developing a long-term financial approach that is achievable and affordable. As a new funding option, the MAT will allow for new strategic projects that grow tourism, increase visitor spending and strengthen the local economy without impacting the property tax-base. Subject to Council’s approval of Report CAO 06-23, staff will undertake the following next steps to further investigate the MAT: 1.Conduct stakeholder engagement sessions, which includes existing accommodation properties on the potential tax implementation. 2.Develop a recommended implementation strategy (incremental increase or four percent flat rate). 3.Develop a By-law outlining the framework for the MAT. 4.Outline the steps and requirements to incorporate the eligible tourism entity. 5.Develop a business plan outlining the organizational structure, proposed budget, financial projections, and the strategies for operation and governance. Based on the projected revenues to increase tourism initiatives, it is recommended that Council approve Municipal Accommodation Tax Program, in principle, to be included in the 2023 Budget. City staff will report back to Council in the second quarter with a proposed Municipal Accommodation Tax implementation plan and associated By-law. Attachment: None. - 162 - CAO 06-23 March 27, 2023 Subject: Municipal Accommodation Tax Page 4 Prepared By: Prepared By: Original Signed By: Original Signed By: Laraib Arshad, MBA James Halsall Manager, Economic Development Division Head, Finance & Marketing Original Signed By: Original Signed By: Fiaz Jadoon Ec.D.,CEcD, MPM, B. COMM (Hons) Stan Karwowski Director, Economic Development & Director, Finance & Treasurer Strategic Projects Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 163 - Report to Council Report Number: CLK 03-23 Date: March 27, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Committees and Taskforces of Council -ADM 040 Policy Update -Terms of Reference Updates -File: A-1440 Recommendation: 1.That Report CLK 03-23 pertaining to Committees and Taskforces of Council be received; 2.That amendments to Policy ADM 040, included as Attachment #1 to CLK 03-23, be approved; 3.That the Site Plan Advisory Committee be remodeled and named the “Site Plan Review Panel” and the current Members of the Site Plan Advisory Committee be appointed to the Site Plan Review Panel; 4.That the attached draft By-law to establish an honorarium for Members of the Committee of Adjustment be enacted; 5.That a stipend of $50.00 per meeting be implemented for the Vehicle for Hire Committee to bring the Committee in line with all other City of Pickering quasi-judicial bodies that receive stipends; 6.That the list of Committees and Taskforce, and their respective Terms of Reference, included as Attachment #3 and #4 to CLK 03-23, be approved; and, 7.That the appropriate City of Pickering officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. Executive Summary: The Municipal Act, 2001 authorizes municipalities to create various advisory boards and committees to assist Council on specific matters. The City's Procedure By-law and Policy ADM 040 require that at the beginning of each Term of Council, a review of the City's Boards and Committees Terms of Reference be conducted. At its Meeting held on January 23, 2023, through Resolution #59/23, staff were directed to conduct a review of all Boards and Committees and that the review include the creation of three new committees, revisions to the Committee’s Terms of Reference to provide for elected official representation on Committees that currently do not have a Council representative, and establishing honorariums for the non-elected Members of all Committees. -Cdjo/- PJ(KERJNG - 164 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 2 As part of this review, the Boards and Advisory Committees of Council Policy, ADM 040 (the “Policy”), underwent an extensive review. Due to the substantial revisions to the Policy, Attachment #1 provides a clean version of the revised Policy for Council’s consideration and a copy of the Policy with tracked changes is appended as Attachment #2 to this Report for ease of reference. Financial Implications: Any financial implications associated with this report pertain to the establishment of honorariums for Committee members, and these details are contained in Section 2.2 of this Report. Discussion: Section 06 of Policy ADM 040 requires the City Clerk, in collaboration with the staff liaisons, to undertake a review of all Boards/Advisory Committees early in each new Council Term. Accordingly, the Clerk’s Office engaged all staff liaisons to discuss their respective Committee's Terms of Reference and the overriding Boards and Advisory Committees of Council Policy. Staff liaisons were requested to present the Terms of Reference to their Committees at their first meetings of 2023 (or as soon as practicable) and to provide any updates and/or feedback to the Clerk’s Office. Feedback was also solicited from the staff liaisons regarding any changes that might be required to Policy ADM 040. For the Property Review Committee, Vehicle for Hire Committee, and Animal Services Appeal Committee, the staff liaison was solicited for updates to the Terms of Reference, as the Committees meet only on an as-required basis. Changes to the Policy and individual Board/Committee Terms of Refe rence have been included with tracked and/or highlighted changes as Attachments #1, #2, #3 and #4 to this Report. For ease of reading, and to effectively address the various parts of the Policy review that was directed by Council on January 23, 2023 through Resolution #59/23, t his Report is divided into three sections to outline the proposed revisions to the Policy, the review pertaining to Council’s direction, as well as the proposed revisions to each Committee’s Terms of Reference. 1.Amendments to ADM 040 Policy Policy ADM 040 was last revised by the Clerk’s Office in March, 2019. Over the last few years some challenges have emerged with the operation of the City’s Boards and Committees. These challenges were raised by the respective staff liaisons and have informed the key areas explored as part of the proposed Policy amendments. The review of the Policy considered the following areas: 1.1 A Dedicated Section for Taskforces The Pickering Anti-Black Racism Taskforce (PABRT) was established by Council through Resolution #408/20 on August 24, 2020. At the time PABRT was established, it was classified as a Taskforce under the Policy, however, the definition under the Policy at that time did not - 165 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 3 provide enough guidance, support, or autonomy to meet the needs of the Taskforce. Since the establishment of PABRT, it became clear that the Policy required further clarification on the operations of Taskforces and the need to differentiate Taskforces from other Committees classified in the Policy. Under the current Policy, Taskforces are defined as follows: Taskforces - means a committee established to assist in the short-term study and analysis of a specific matter. Taskforces may include staff representation as well as representation from external bodies. Revisions to the Policy include a more robust definition of Taskforce to reflect the long term nature of the work that this body undertakes, and to coincide with the Taskforce’s mandate outlined in the Terms of Reference for PABRT. The key distinguishing feature to differentiate Taskforces from Committees is that Taskforces implement action to address issues within their mandate. The definition has been updated to reflect this differentiation and to provide examples of action that the Taskforce undertakes. With the change to the previous definition of a Taskforce, the Policy no longer contains a category for short term committees, and therefore, a new classification of “Ad-hoc” committee is being proposed to align with the provisions for Ad-hoc Committees currently contained in the City’s Procedure By-law. In order to successfully fulfill their mandate, and carry out their work in a timely mann er, Taskforces require greater autonomy compared to other advisory committees. Provisions were included to provide Taskforces with the ability to receive approval for all their annual events through their annual work plan submission, rather than requiring a separate report to Council seeking approval for each individual event. Further changes in the proposed policy allow Taskforces to create their own member appointment process for filling mid -term vacancies. This provides authority for the members of the Taskforce to solicit and review applications, set up a screening/interview process, and make recommendations to Council for endorsement and approval. For new-term vacancies, the recruitment process undertaken will be at the discretion of the staff liaison assigned to the Taskforce. Additionally, a new section was added to the Policy to provide clarification on the Taskforce’s ability to respond to media inquiries and create marketing resources that cannot be handled in-house by City staff. With the exception of media inquiries received at Events that a Taskforce is participating in, all other instances where a Taskforce is to respond to a media inquiry, approval must be granted by the Chief Administrative Officer or Division Head, Public Affairs & Corporate Communications prior to the Taskforce responding to the media inquiry. Discussions ensued between the Clerk’s Office, the staff liaisons of PABRT, and various City departments on how existing City resources should support the work of PABRT. A recurring theme of the discussion was the volunteer nature of the Taskforce membership, and the challenging expectation of carrying out a work plan with insufficient City staff and resources to provide continuous support. With the new provisions to allow Taskforces to create their own marketing resources, which would be managed externally, and paid through the budget assigned to the Taskforce, Taskforces will have greater autonomy. The City does not currently have sufficient resources to provide for continuous support for media relations, however City staff will continue to provide occasional support to PABRT, as required and in accordance with - 166 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 4 current practices. Should additional Taskforces be established by Council in the future, consideration should be given to the possible need for more staff resources and the associated budget implications to support the work of future Taskforces. 1.2 Appointment Process for Stakeholder Members In accordance with individual Committee/Taskforce Terms of Reference, composition may include Stakeholder Members that attend meetings to provide input, expertise and resources on behalf of their respective organization (e.g. Ajax-Pickering Board of Trade). The proposed Policy amendments include two new definitions pertaining to stakeholder representatives: Stakeholder Organization: means an organization that is defined in the Committee/Taskforce’s Terms of Reference, and who provide a member of said organization to be a Member of a Committee/Taskforce for the City. Stakeholder Member: means the individual selected by the Stakeholder Organization to participate on the Committee/Taskforce on behalf of the Stakeholder Organization which may change from time to time at the discretion of the Stakeholder Organization. As Stakeholder Member is dependent on their involvement with the Stakeholder Organization, and due to unforeseen circumstances that may change that involvement from time to time, it is important to provide opportunities to manage Stakeholder Members at the staff level rather than through Council approval. This will ensure timely and appropriate Stakeholder Member representation on all Committees as required. Should Stakeholder Members form part of the composition of a Committee/Taskforce, the Terms of Reference will include the names of the Stakeholder Organization(s) that will be represented on the Committee. Through Council approval of such Terms of Reference, the staff liaison will be authorized to contact the Stakeholder Organization to obtain the name of an individual member from the organization who will assume their role on the Committee. At any time during the Term, should the Stakeholder Member not adhere to the attendance requirements of th e Policy or is no longer an employee of the Stakeholder Organization, the new Policy amendments will allow for the staff liaison to contact the Stakeholder Organization to request a replacement member. 1.3 Absenteeism and Dismissal Process for Members As membership for Committees and Taskforces is made up of volunteers who have other commitments, it is understandable that attendance at all Committee meetings may not always be feasible. That said, as Committees and Taskforces are working on Council-approved work plans and mandates, it is important that members make every effort to attend all meetings. Continuous absenteeism affects quorum, which may prevent Committees from meeting their mandate. The current Policy provisions provide for the staff liaison to contact the member and ask whether or not they wish to remain on the Committee after three consecutive meetings are missed or absenteeism is noted for over 50 percent of the meetings in one year without justification. If contact cannot be made and the Member is continuously absent for five months, the seat automatically becomes vacant. - 167 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 5 During the previous Term it was expressed by staff liaisons that the five month timeframe was too long and posed challenges when the absenteeism affected the Committee’s ability to meet quorum and be able to hold the meeting. A scan of area municipalities demonstrated a common approach in that should a member be absent from three meetings in one year, without justification, it provides for the staff liaison to reach out to confirm whether the member wants to remain on the Committee or resign. The absenteeism section of the Policy has been revised to allow the staff liaison to contact the member after absence from three regular meetings and provide a reasonable deadline for the member to respond and confirm their intentions. If a response is not received by the deadline, the seat would automatically become vacant and the vacancy filled in accordance with the provisions of the Policy. This Policy change removes the need for staff liaisons to wait for five months of continuous absenteeism before a member’s seat is vacated. 1.4 The Role of the Chair vs. Staff Liaison In 2014, after conducting a pilot project where the City Clerk attended Advisory Committee meetings to act as the facilitator for the meeting, the Clerk’s Office recommended the removal of the Chair system as outlined in the excerpt below from Report CLK 09-14: The first initiative undertaken during the pilot program was to replace the Chair and Vice Chair of each Committee with a Facilitator. This move gave the Committee members more time to concentrate on their mandate because they no longer had to be concerned with agenda production and parliamentary procedures. The Facilitator's purpose was to control the meeting more appropriately and to keep Committee deliberations on track. During the pilot program, staff observed a decrease in the length of time required for Committee meetings. We found that information flow between the City and the Committees was more efficient. The Facilitator and Staff representatives were able to communicate with Committee members more quickly when not limited to monthly meetings through the Chair. In 2023, the Clerk’s Staff solicited feedback from the Committees currently operating under a staff liaison facilitation system, and asked whether the Committee preferred the option of appointing a Chair/Vice-Chair to take on the facilitator role within the Committee. Below is a summary of the feedback provided: Committee Name Preference regarding Chair Accessibility Advisory Committee Maintain the current staff liaison system Cultural Advisory Committee Appoint a Chair Heritage Pickering Advisory Committee Maintain the current staff liaison system For the Property Review Committee, Vehicle for Hire Committee, and Animal Services Appeal Committee, the staff liaison was solicited for their feedback and a recommendation was - 168 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 6 provided to maintain the current staff liaison system in place due to the expertise required to facilitate the appeal hearings. As there are currently Committees and a Taskforce with a Chair/Vice Chair system in place, the Policy revision includes the addition of a section devoted to the ‘Duties of Chair’ to provide further clarification on the differentiating roles of staff liaison and Chair. A new section was also added to provide guidance on the process for appointing a Chair and a Vice Chair. The Terms of Reference for the Cultural Advisory Committee have been revised to include a Chair position and the revised Terms are included as Attachment #4 to this Report. 1.5 Holding Applications from Previous Recruitments for Future Consideration During the Boards and Committee appointment process for the 2022-2026 Term, the Clerk’s Office sent letters notifying individuals of their appointment to a Committee. Upon receipt of the letter from the Clerk’s Office, a member appointed to the Cultural Advisory Committee contacted the Clerk’s Office advising that they were no longer available to participate and fulfill their membership. Staff from the Clerk’s Office and the Community Services Department, discussed options regarding how best to address the vacancy as efficiently and effectively as possible. As part of those discussions, City staff considered the time and resources involved in starting an entirely new recruitment process to fill one vacant seat that would have to include widespread community advertising and a lengthy application period. As an extensive recruitment pr ocess had just been undertaken, and there were more applicants than positions available for the Committee, it was determined that the most effective way forward would be to recommend a citizen from the remaining list of applicants who had originally applied to the Cultu ral Advisory Committee but were not appointed at the December 5, 2022 Special Council Meeting. Clerk’s staff contacted the ten unsuccessful applicants who had originally applied to sit on the Cultural Advisory Committee, and inquired whether they would like to be considered for the new vacancy. Nine of the ten applicants indicated that they wished to be considered for appointment, and the list of confirmed applicants were reviewed by the staff liaison to recommend an applicant to Council for appointment at the January 23, 2023 Council Meeting. As this process proved to be efficient and successful, wording has been included in the proposed policy amendments under the ‘Appointment Process and Advertising for Committee Members’ section to allow for the staff liaison, at the discretion and direction of the City Clerk, to consider applications that were not appointed to the Committee/Taskforce in lieu of initiating a new recruitment Process. In accordance with Section 08.05 of the revised Policy, based on the applicants who agree to being reconsidered for the vacancy, the staff liaison will prepare recommendations for inclusion on an in-camera Council agenda for Council approval. This provision would only apply when a vacancy occurs on a Committee/Taskforce within six months of a recruitment process for that Committee/Taskforce being undertaken. - 169 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 7 1.6 Site Plan Advisory Committee being Remodeled to Site Plan Review Panel The Site Plan Advisory Committee has been around in various forms over the years dating back to 1969. Currently, three local Councillors are appointed by Council to sit on the Committee. The Site Plan Advisory Committee assists and advises the Director, City Development & CBO on applications for sign variances and site plan approvals with respect to matters such as architecture, building massing and exterior building materials, site layout, landscaping, accessibility, and sustainable design elements. The Site Plan Review process examines a proposed development's design and technical aspects to ensure compliance with all municipal requirements, standards and objectives. Site Plan applications are generally reviewed with respect to (but not limited to) the following considerations: zoning by-law requirements; grading and servicing standards; transportation requirements (vehicular access, road improvements, parking etc.) site design and urban design standards; landscaping standards; accessibility standards; environmental conservation; conformity with provincial noise, vibration and odour guidelines; other external agencies’ requirements. Site Plan Applications are not subject to any formal public consultation requirement s under the Planning Act (e.g. Statutory Public Meetings or Public Open Houses). The current Site Plan Advisory Committee structure provides a forum for City Development staff, in an informal setting, to keep the three local Councillors apprised of forthcoming development and redevelopment proposals within their respective wards. This Committee allows the local Councillors to provide feedback, and identify any potential adverse impact s a proposal may have on the surrounding community for staff to consider in the review of the site plan application. It also allows the Committee members to discuss the Site Plan with the applicant to either express their concerns or obtain additional information regarding the proposal. Since its inception, the Site Plan Advisory Committee has been a valuable resource in assisting planning staff in the review of site plan applications and sign variances. City Development staff would like to continue with this process, but making this a public Committee, similar to other advisory committees, would set false expectations for the public , as there is no mechanism or requirement for public input or consultation under the Planning Act. For this reason, City Development staff are recommending that the ‘Site Plan Advisory Committee” be remodeled to the “Site Plan Review Panel”. Furthermore, the current terms of reference that misconstrue this Committee to be an Advisory Committee are also recommended to be removed. These two changes will not impact the current site plan review process and how Committee members are engaged in the process. The Members of Council currently appointed to the Site Plan Advisory Committee would remain in place as Members on - 170 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 8 the Site Plan Review Panel. In the past, at the request of the Site Plan Advisory Committee, City Development staff have held voluntarily open house meetings for select proposals, where the development may potentially have an impact on the immediately abutting neighbou rhood. Staff will continue this practice in consultation with the newly remodeled Site Plan Review Panel. 1.7 Other Significant Additions/Revisions to the Policy the addition of a section on Municipal Freedom of Information and Protection of Privacy to provide clarification on the possible disclosure of communication between the City and Members of the Committees/Taskforces through Freedom of Information Requests received by the City; the addition of a May deadline to bring forward Committee/Taskforce annual work plans for Council approval; additional provisions to prohibit individuals from sitting on multiple committees during one term to allow for more citizen participation and engagement; the addition of a provision to require the approval of the Terms of Reference by the Committees/Taskforces at their first meeting each new term and subsequently providing same to Council for approval prior to April 1st in the year following a municipal election; and, additional provisions which may lead to the dismissal of a Committee/Taskforce in its entirety or a Committee/Taskforce Member. Committees and Taskforces play an important role in Council’s decision making process. Staff are seeking Council’s approval of the proposed changes to Policy ADM 040 and each Committee and Taskforce Terms of Reference as outlined in Attachments #1 and #4. 2.Notice of Motion - Amendments to Boards and Committees/Taskforce Policy - January 23, 2023 Council Meeting On January 23, 2023, through Resolution #59/23, Council directed the CAO and the City Clerk to undertake a review of all Boards and Advisory Committees and that the review include the creation of three new committees, revisions to the Terms of Reference to appoint Council Members to Committees with no current Council representation, and establishing honorariums for the non-elected Members of all Committees. The review also requested that the Pickering Public Library Terms of Reference by amended to enable an additional Member of Council to ensure ward representation, and inclusion of a new section on Standing Committee or Council agendas to allow Members of Council to give updates on the Committees in which they are appointed to. A copy of the directive is attached to this Report as Attachment #6. The creation of the three new Committees will be brought forward through individual Staff Reports by the respective Departments; the Library Terms of Reference, included as Attachment #4, have been amended to include the additional member as directed by Council; and, the additional section on Committee or Council agendas for Member updates will be - 171 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 9 included in the City Clerk’s review of the Procedure By-law and will be presented to Council at the May Executive Committee Meeting. The sections below outline the findings of the review on Council representation on Committees and establishing honorariums. 2.1 Council Representation on Committees Resolution #59/23 directed staff to review revisions to the Terms of Reference to include no greater than two Members of Council, as non-voting members, on Committees that currently do not have Council Member representation. The Committees that currently do not have Council representation are the Accessibility Advisory Committee, Cultural Advisory Committee, Heritage Pickering Advisory Committee, and the Property Review Committee. The Clerk’s Office prepared a Memorandum which was attached to the above mentioned Committee agendas requesting their input on the matter. A copy of the Memorandum is attached to this Report as Attachment #5. The Accessibility Advisory Committee adopted the following resolution: That the Accessibility Advisory Committee: a)finds Council representation on the Committee advisable; and, b)amend the Terms of Reference to include 2 Members of Council, one of which will be a Regional Councillor, and one of which will be a City Councillor. The Cultural Advisory Committee adopted the following resolution: To having one member of the council on the Committee and revising the Terms of Reference for the Committee. The Heritage Advisory Committee adopted the following resolution s: That the Heritage Pickering Advisory Committee finds Council representation on the Committee not advisable. The Terms of Reference for the Accessibility Advisory Committee and Cultural Advisory Committee have been updated to include the Council representation as noted in the Committee recommendations above. Should Council wish to appoint a Member of Council to the Heritage Pickering Advisory Committee, the Committee has recommended the appointment of one Member of Council and direction would need to be given to amend the Heritage Committee’s Terms of Reference to give effect in this regard. The following is a list of comments made by the Accessibility Advisory Committee, Cultural Advisory Committee, and Heritage Pickering Advisory Committee Members as it pertains to the inclusion of Council representation on Committees: - 172 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 10 benefits of hearing issues and seeking answers from Members of Council during Committee discussions; benefits of having Members of Council as allies that can be a direct conduit to express concerns to Council; concerns regarding potential conflict between the Committee and the Council Member’s views; concerns around the Committee’s discussion being held back or curbed by the presence of a Council Member; and, the ability of the Committee to invite Members of Council to Committee meetings on an as-needed basis. As the Property Review Committee meets on an as-needed basis to hear appeals, Clerk’s staff consulted the (Acting) Manager, Municipal Law Enforcement Services, the staff liaison for the Committee, for a recommendation on the inclusion of Council representation. Due to the Committee only consisting of five members, the (Acting) Manager, Municipal Law Enforcement Services, recommended the addition of one Council Member to the Committee and this has been incorporated into the Property Review Committee Terms of Reference (Attachment #4). The addition of Council representation on this Committee is consistent with the other City of Pickering Quasi-judicial Committees (Vehicle for Hire and Animal Services Appeal Committee). Should Council approve the individual Terms of Reference for the Committe es and Taskforces, a Memorandum by the City Clerk will be brought forward at the April 24, 2023 Council Meeting to appoint Members of Council to the Committees in accordance with Policy ADM 045 , Council Appointments to Committees. 2.2 Establishing Honorariums for all Committees/Taskforces A component of Resolution #59/23 directed staff to review establishing honorariums for all Committees of Council. The Committees that do not currently receive a n honorarium are the Accessibility Advisory Committee, Cultural Advisory Committee, Heritage Pickering Advisory Committee, Vehicle for Hire Committee, and the Pickering Public Library Board. Clerk’s Staff conducted a scan of Ontario municipalities on the practice of providing honorariums for Advisory Committees of Council. The common practice amongst all municipalities surveyed, with the exception of the Town of Ajax and City of Vaughan, was to provide honorariums only to Quasi-Judicial bodies. The results of the municipal scan for the above mentioned committees are as follows: Municipality Accessibility Advisory Committee Cultural Advisory Committee Heritage Pickering Advisory Committee Public Library Board Vehicle for Hire Committee Ajax $65.00 N/A $65.00 $75.00 N/A Clarington No stipend provided N/A No stipend provided No stipend provided N/A - 173 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 11 Municipality Accessibility Advisory Committee Cultural Advisory Committee Heritage Pickering Advisory Committee Public Library Board Vehicle for Hire Committee Oshawa No stipend provided N/A No stipend provided No stipend provided N/A Scugog No stipend provided N/A No stipend provided No stipend provided N/A Uxbridge No stipend provided N/A No stipend provided No stipend provided N/A Whitby No stipend provided N/A No stipend provided No stipend provided N/A Aurora No stipend provided N/A No stipend provided No stipend provided N/A Burlington No stipend provided N/A No stipend provided No stipend provided N/A Guelph No stipend provided N/A No stipend provided No stipend provided N/A Kitchener No stipend provided N/A No stipend provided No stipend provided N/A London No stipend provided N/A No stipend provided No stipend provided N/A Brampton No stipend provided N/A No stipend provided No stipend provided N/A Newmarket No stipend provided N/A No stipend provided No stipend provided N/A Peterborough No stipend provided N/A No stipend provided No stipend provided N/A Vaughan No stipend provided N/A $60 for Chair $50 for members No stipend provided N/A - 174 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 12 Municipality Accessibility Advisory Committee Cultural Advisory Committee Heritage Pickering Advisory Committee Public Library Board Vehicle for Hire Committee Windsor No stipend provided N/A No stipend provided No stipend provided N/A As outlined in the Table above, currently the only municipality to offer honorariums to all advisory committees is the Town of Ajax which was decided by Ajax Council at its meeting held in September, 2022. The City of Vaughan provides a stipend only to their Heritage Advisory Committee. The City of Pickering currently provides an honorarium to the Committee of Adjustment, Animal Services Appeal Committee, Property Review Committee, and Pickering Anti -Black Racism Taskforce. In keeping with the practice of providing an honorarium to the City’s quasi-judicial committees, the (Acting) Manager, Municipal Law Enforcement Services, is recommending providing a stipend of $50/meeting to the Members of the Vehicle for Hire Committee. The Vehicle for Hire Committee serves as a quasi-judicial committee to review appeals in accordance with the provisions of the Vehicle for Hire By-law and the $50/meeting rate is consistent with the honorarium paid to the City’s Animal Services Appeal Committee and the Property Review Committee. The Pickering Anti-Black Racism Taskforce was the first non-quasi-judicial committee to receive honorariums in Pickering. The resolution to establish an honorarium system for PABRT was approved by Council through Resolution #577/21 at the April 26, 2021 Council Meeting. It should be noted that only five 5 of 19 members of the Pickering Anti-Black Racism Taskforce opted to receive the honorarium in 2022. Going forward, honorariums will be paid to PABRT Members proactively, with the payments provided bi-annually in June and December, and language has been added to the proposed policy amendments in this regard. Should Council wish to implement honorariums for all of the City’s Committees, Table 1 b elow outlines the annual budgetary implications. The honorarium rate has been based on the rates currently provided to the members of PABRT and the current honorarium rates provided to the existing quasi-judicial bodies, with the exception of the Committee of Adjustment: Table 1 - Committees that are currently not receiving an honorarium: Committee Name # of Members # of Meetings Proposed Rate per Meeting Cost per Meeting Cost per year Accessibility Advisory Committee 10 9 $65 $650 $5,850 - 175 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 13 Committee Name # of Members # of Meetings Proposed Rate per Meeting Cost per Meeting Cost per year Cultural Advisory Committee 10 9 Chair: $75 Members: $65 $660 $5,940 Heritage Pickering Advisory Committee 9 9 $65 $585 $5,265 Pickering Public Library Board 8 10 Chair: $85 Members: $75 $610 $6,100 Vehicle for Hire Committee 5 As Needed $50 $250 $2501 Waterfront Visionary Advisory Committee2 3 6 $65 $195 $1,170 Community Safety and Wellbeing Advisory Committee2 10 4 $65 $650 $2,600 Business Advisory Committee - Nautical Village2 10 - All stakehold er reps 4 N/A $0 $0 Business Advisory Committee - Kingston Road2 10 - All stakehold er reps 4 N/A $0 $0 Total $3,600 $27,175 1. Based on one meeting per year. 2.Subject to Council’s establishment of the new Committees. - 176 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 14 Table 2 - Committees that are currently receiving an honorarium: Committee # of Members # of Meetings Existing Rate per Meeting Total per Meeting Total per year Animal Services Appeal Committee 2 As Needed $50 $100 $1001 Committee of Adjustment 5 12 Chair: $150 Member: $140 *proposed new rate from $120 $710 $8,520 Property Review Committee 5 As Needed $50 $250 $2501 Pickering Anti-Black Racism Taskforce 20 9 Chair: $75 Member: $65 $1,310 $11,790 Total $2,370 $20,660 1. Based on one meeting per year. Should Council wish to proceed with implementing honorariums for all Committees, new wording to this effect must be added to the Policy and the following amendment to the staff recommendation of CLK 03-23 must be adopted by Council. That Section 20.01 of the draft ADM 040 Policy, included as Attachment #1 to CLK 03- 23, be amended to add “All Committee/Taskforce Members shall receive a n honorarium in accordance with the Committee or Taskforce’s Terms of Reference”, and that the individual Terms of Reference for all Committees that currently do not receive stipends be amended to include the honorarium amounts listed in Table 1 of Report CLK 03-23 and such honorariums shall take effect as of May 1, 2023 subject to the approval of the 2023 City of Pickering Budget.” As there are Committees who currently receive honorariums, a new section was added to the Policy to provide clarification on the process for administering and calculating honorariums, as well as the criteria for a member to be eligible to receive a n honorarium. To receive an honorarium, the meeting must be a regular or special meeting of that Committee or Taskforce, not a meeting of a subcommittee, and the member must have voting rights and be present for at least half of the duration of the meeting. The amount of honorarium remains the same - 177 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 15 regardless of the length of the meeting, and the member’s attendance must be recorded in the approved minutes. Honorariums will only be provided to citizen members, stakeholder and subcommittee members do not qualify for honorariums. It is important to note that honorariums are intended to help alleviate and off -set some of the barriers to participation members may encounter with attending meetings (e.g. child care, transportation, etc.). As membership on Committees/Taskforces is voluntary, the honorarium should not be recognized as solely being payment in exchange for participation. As only Quasi-Judicial Committees and PABRT receive an honorarium, establishing honorariums for all Committees can provide an opportunity for equality across the board. It should be further noted that implementing an honorarium for all City Committees/Taskforces is not in keeping with most municipal practices and could impact other municipalities who may not be in a financial position to support an honorarium system. The rate of honorarium will be outlined in the individual Terms of Reference and if implemented, honorariums shall take effect beginning May 1, 2023, subject to the approval of the 2023 budget on April 24, 2023. 3.Summary of Changes to Committee Terms of Reference The following provides an overview of the recommended changes to each Committee’s Terms of Reference. These changes are also reflected in Attachment #4 in red text: Accessibility Advisory Committee Section 3.0 Composition changed to reflect the addition of one (1) City Councillor and one (1) Regional Councillor, both with no voting rights Section 6.0 “Culture and Recreation” is changed to “Community Services” Animal Services Appeal Committee Housekeeping Changes Change of Committee name from “Animal Services Committee” to “Animal Services Appeal Committee”; Honorarium provision is now under Section 6.0 Section 3.0 Clarification regarding the Member of Council’s voting rights. Cultural Advisory Committee Section 3.0 Composition changed to reflect the addition of one (1) Member of Council with no voting rights - 178 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 16 Section 4.0 Addition of a Committee Chair section to outline the role and process around the Committee Chair position Committee of Adjustment Section 1.0 The addition of the statutes the Committee of Adjustment is subject to. Section 5.0 Addition of a provision to allow in-person, electronic, and hybrid meeting formats; Addition of a provision regarding the Committee’s use of ShareFile when receiving comments after agenda publication; Addition of a provision for the agenda to include a report from the City Development Department on each minor variance application ; Addition of a provision stating that all discussions among Committee members, and between Committee members and the applicant/public on applications are to take place at the hearing; Addition of a provision requiring the City Development department to provide a policy analysis to assist the Committee in rendering a decision; Modifications to who can make an appeal in accordance with Bill 23. Section 6.0 Changes to the honorarium and mileage rates:  Chair: $150.00 per hearing;  Member: $140.00 per hearing;  Mileage: $0.61 per kilometer. Housekeeping Changes Instances of “meeting” are changed to “hearing” where applicable; Instances of “Local Planning Appeal Tribunal” are replaced with “Ontario Land Tribunal” where applicable. Heritage Pickering Advisory Committee No changes Pickering Anti-Black Racism Taskforce No changes Pickering Public Library Board Section 1 Board – 3 (3) updated to coincide with the Public Libraries Act - 179 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 17 Board Members –10 b) updated to coincide with the Public Libraries Act Section 2 2.1, point 1 – removal of “moral ownership, defined as the” prior to “Residents of Pickering” Section 3 3.1 – addition of one additional Member of Council in accordance with Resolution #59/23 Section 7 7.1 – revision of appointed Treasurer from City Treasurer to CEO/Director of Public Libraries to coincide with the Library Board Bylaws Section 9 9.1 – revision of title of CEO to CEO/Director of Public Libraries Section 11 11.2 – revision of meeting schedule to coincide with Library Board By-laws and Section 16 (1) of the Public Libraries Act Property Review Committee Section 3.0 Addition of one (1) Member of Council – no voting rights Housekeeping Changes Honorarium provision is now under Section 6.0 Vehicle for Hire Advisory Committee Housekeeping Changes Change of Committee name from “Taxicab Advisory Committee” to “Vehicle for Hire Committee” in accordance with By-law 7739/20. Section 1.0 Addition of a provision regarding administration the Accessible Vehicle Incentive Program. Section 2.0 Addition of a provision regarding facilitating relationships and making connections with industry participants. Section 3.0 Addition of PTC Company, PTC Driver, and Citizen Representatives; Addition of voting rights provision; - 180 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 18 Section 4.0 Addition of qualifications for PTC Company and PTC Driver Representatives. Section 5.0 Addition of selection processes for Citizen Member, PTC Company, and PTC Driver Representatives. Section 7.0 Addition of a $50.00 honorarium per meeting attended; Addition of the account that remuneration shall be provided from. In conclusion, staff have completed the review directed by Policy ADM 040 and Resolution #59/23, and are seeking Council approval on the amendments to the Terms of Reference and Policy. Should Council approve the amendments to Policy ADM 040, Clerk’s Staff will attend a future meeting of all Committee/Taskforce Meetings to provide an overview of the changes to the Committee/Taskforce Members. Attachments: 1.Draft ADM 040 Policy – Clean Copy 2.Draft ADM 040 Policy – Tracked Changes 3.List of Committees and Taskforce 4.Terms of Reference 5.Memorandum from the Deputy Clerk dated February 14, 2023 6.Resolution #59/23 - January 23, 2023 Council Meeting 7.Draft By-law 8004/23 Prepared By: Approved/Endorsed By: Rumali Perera Susan Cassel Deputy Clerk City Clerk Paul Bigioni Director, Corporate Services & City Solicitor Original Signed By:Original Signed By: Original Signed By: - 181 - CLK 03-23 March 27, 2023 Subject: Committees and Taskforces of Council Page 19 SC:rp Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 182 - Policy Procedure Title: Committees and Taskforces of Council Policy Number ADM 040 Reference Municipal Act Procedure By-law, as amended Resolution #165/10 Resolution #301/14 Resolution #53/19 Date Originated (m/d/y) November 10, 2008 Date Revised (m/d/y) December 13, 2010 October 2012 December 15, 2014 March 2019 March 27, 2023 Pages 23 Approval: Chief Administrative Officer Point of Contact City Clerk Policy Objective The purpose of this Policy is to identify a process for establishing Committees and Taskforces of Council, requirements for maintaining and supporting their work, and the coordination of the appointment and advertising process through the City Clerk. It excludes external bodies and local Boards not established by Council and internal, working groups of an administrative nature. This Policy supplements the City of Pickering’s Procedure By-law which applies to all Committee and Taskforce meetings. Index 01 Definitions 02 Classification of Committees 03 Establishment of Committees and Taskforces 04 Taskforces 05 Relationship between Committees/Taskforces and Council 06 Ongoing Review of Committees/Taskforces 07 Terms of Reference 08 Appointment Process and Advertising for Committee/Taskforce Members 09 Appointment Process for Chair and Vice Chair 10 Resignation/Dismissal Process DRAFT Attachment #1 to Report CLK 03-23 -Cd:Jo/- p](KERJNG - 183 - Policy Title: Committees and Taskforces of Council Page 2 of 23 Policy Number: ADM 040 11 Absentee Requirements 12 Orientation Sessions 13 Meeting Structure, Agenda, and Minute Formats 14 Access to Meetings 15 Pecuniary Interest 16 Duties of Members of Council, Committee/Taskforce Members, and City Staff 17 Quorum 18 Committee/Taskforce Events, Media Relations, and Communications 19 Subcommittees 20 Honorariums 21 Provision for Accessibility and Diversity 22 Municipal Freedom of Information and Protection of Privacy 23 Exceptions to this Policy 01 Definitions 01.01 Chair - means a Member with voting rights appointed by the Members to act as the head of the Committee/Taskforce. 01.02 Committee - means an Advisory Committee, Ad Hoc Committee, Quasi- Judicial/Appeals Committee, or a Board established by Council Resolution or statute. 01.03 City - means The Corporation of the City of Pickering. 01.04 Council - means the Council of The Corporation of the City of Pickering. 01.05 Event - means a gathering of 20+ people, held on City property (facility, park, or permitted space), is open to the public, and include one or more of the following criteria; amplified sound, catered food, industrial cooking, alcohol sales, vendors, food trucks/vendors, staking, generators, carnival or fair, raffles, and may include use of a Signature Park. 01.06 Mandate - means the statement that describes the Committee/Taskforce’s purpose or responsibilities as outlined in the respective Committee/Taskforce’s Terms of Reference. - 184 - Policy Title: Committees and Taskforces of Council Page 3 of 23 Policy Number: ADM 040 01.07 Member - means a citizen Member appointed by Council to a Committee, or a Stakeholder Member selected by a Stakeholder Organization. 01.08 Quorum - means a majority of Members required to be present at any meeting in order that business may be conducted. When vacancies occur on a Committee, Quorum shall be based on the remaining number of sitting Members and not the full Membership. 01.09 Staff Liaison - means the staff Member assigned to facilitate and provide guidance to the Committee/Taskforce. 01.10 Stakeholder Member - means the individual selected by the Stakeholder Organization to participate on the Committee/Taskforce on behalf of the Stakeholder Organization which may change from time to time at the discretion of the Stakeholder Organization. 01.11 Stakeholder Organization - means an organization that is defined in the Committee/Taskforce’s Terms of Reference, and who provide a Member of said organization to be a Member of a Committee/Taskforce for the City. 01.11 Subcommittee - means an informal group composed of no fewer than one voting Member of the Committee/Taskforce but less than Quorum of the Committee/Taskforce. Subcommittees are established, as required, to carry out specific projects included in the annual work plan, and are disbanded upon completion of their duties. Subcommittees are not subject to open Meeting provisions under the Municipal Act and the Procedure By-law. Membership may be drawn from relevant stakeholders or the general public with the appropriate interest and expertise. 01.12 Taskforce - means a body established by Council with a Mandate to study and analyze a particular municipal issue and implement action as outlined in the Terms of Reference and/or Work Plan. Action may include community events, public engagement workshops, and educational resources in partnership with the community and/or the City. Taskforces may include citizen Members, staff, and representation from external bodies. 01.13 Terms of Reference - means the document that provides an overview of the Committee or Taskforce, the content of which is prescribed by this Policy. A Terms of Reference template is attached as Appendix 1 to this Policy. 01.14 Vice Chair - means a Member with voting rights appointed by the Members of the Committee/Taskforce to assume the duties of the Chair in the Chair’s absence. 02 Classification of Committees 02.01 Committees provide recommendations, advice and information to Council on an ongoing basis on specific municipal matters that are set out in the Committee’s - 185 - Policy Title: Committees and Taskforces of Council Page 4 of 23 Policy Number: ADM 040 Mandate and Terms of Reference. Some Committees, due to their quasi- judicial, or legislated nature, make decisions based on the parameters of their Terms of Reference. Committees serve until such time that the Committee is disbanded in accordance with the provisions of this Policy, or in accordance with the Term identified in the Committee’s Terms of Reference. 02.02 Categories of Committees include the following: a)Advisory - includes bodies established by Council to provide input on a discretionary basis and advice to Council on particular matters, or to undertake special projects as assigned. The nature of Advisory Committee recommendations to Council are purely advisory, and Council may approve, amend, refer or propose other resolutions, as Council deems appropriate. b)Ad Hoc - a short term Committee established by Council for the purpose of dealing with a special project with a clear mandate and a start and finish date. When an Ad Hoc Committee has reached its term end date, or completed its task and made its report to Council, the Committee shall be deemed to be dissolved. An Ad Hoc Committee shall not be established for a term longer than a year. Ad Hoc Committees shall have a staff liaison and may have representation from Council, staff, and the public. c)Boards - means any local Board established by Provincial Statute and tasked with overseeing the operation and delivery of services identified in legislation. Boards may have their own Policies and By-laws, and where there is a conflict between this Policy and the Board’s policies /by-laws, the polices and the by-laws of the Board shall prevail. d)Quasi-Judicial/Appeals Committee - means a Committee established by Council to exercise a legislative or quasi-judicial power under the Planning Act, Municipal Act, Building Code Act, or any other Act . 03 Establishment of Committees and Taskforces 03.01 Committees/Taskforces are established by resolution of Council and each resolution shall incorporate approval of the Terms of Reference for the specific Committee/Taskforce. Prior to Council's establishment of any Committee/Taskforce, the relevant Director(s) shall submit a report to Council including the following information: a)Previous work done by the City to advance the mandate of the proposed Committee/Taskforce (if any); b)Budget Implications; c)Statutory requirements (if applicable); and - 186 - Policy Title: Committees and Taskforces of Council Page 5 of 23 Policy Number: ADM 040 d)Terms of Reference; 04 Taskforces 04.01 The Terms of Reference for Taskforces shall include details of its mandate, goals, objectives, responsibilities, composition, Member qualifications, budget, and remuneration (if applicable). 04.02 Notwithstanding Section 08.03 and 08.04, Taskforces may create their own appointment process to fill mid-term vacancies. The advertisement of the vacancy shall aim to reach the broadest sector of the community and shall indicate the number of vacancies on the Taskforce, duration of the term, meeting frequency, application process, and the website URL where details can be obtained regarding the Taskforce. The Taskforce shall determine those individuals from its membership that will review all applications and will provide the names of the recommended appointees to the staff liaison. The majority of the Members forming the review panel will determine which names are recommended to Council for appointment. Such recommendations shall be provided to the staff liaison within 45 days of the application closing date. The recommendations will then be provided to Council for approval at the next earliest opportunity at an in-camera meeting. For new-term vacancies, the recruitment process undertaken shall be at the discretion of the staff liaison assigned to the Taskforce. 04.03 The following process shall be followed for the approval of Taskforce Events: a)Taskforces may include Events in their annual work plan and present the work plan to Council through a Staff Report prepared by the staff liaison. b)The Staff Report shall seek Council approval in principal for Taskforce Events subject to terms and conditions satisfactory to the Director, Community Services and Chief Administrative Officer and the Taskforce’s approved annual budget. The Report shall list the month that the event would be held in, the type of event, and any other confirmed details of the event. c)Events not included in the work plan are subject to Section 18.01 of this Policy. 04.04 Notwithstanding Section 18.04, the following process shall be followed for media inquiries received or requested by Taskforces: a)Taskforces shall have a designated and an alternate Member appointed as the media spokesperson to respond to media inquiries pertaining to the mandate of the Taskforce. b)Upon receipt or request of a media engagement opportunity, the Taskforce Member must notify the staff liaison, who shall then inform - 187 - Policy Title: Committees and Taskforces of Council Page 6 of 23 Policy Number: ADM 040 and consult where appropriate, the Chief Administrative Officer and Division Head, Public Affairs & Corporate Communications. Upon approval from the Chief Administrative Officer or the Division Head, Public Affairs & Corporate Communications, the designated Taskforce Member or their alternate may respond to the media inquiry. c)The Taskforce should anticipate receiving media inquiries that require a timely response, such as in person, or virtually, during a live event or activity where the Taskforce is participating. These should only be addressed by the Taskforce media spokesperson or alternate. If neither are present, an on-site Taskforce Member should advise the media of the appropriate person to connect with on their inquiry. d)When interacting with the media, the Taskforce media spokesperson must be cognizant of the duties listed under Section 16.02 of this Policy. e)All matters that fall outside of the mandate of the Taskforce shall be referred to the City’s Corporate Communications Division. 04.05 Taskforces may develop their own branding and marketing resources as they frequently engage with the community and stakeholders to build partnerships in an effort to further their mandate. The request must be sent to the City’s Corporate Communications Division for review and approval prior to its public release so that any associated costs can be included in the City’s annual budget. 05 Relationship between Committees/Taskforces and Council 05.01 The purpose of Committees is to assist Council by providing recommendations on specialized issues, policies and/or operational levels, as set out in the Terms of Reference or Council approved work plans. Committee/Taskforce Members are appointed by Council, and serve at the pleasure of Council for a specif ied term, where statutory requirements do not state otherwise. 05.02 Committee/Taskforce recommendations requiring Council’s attention shall be provided to Council at the next available opportunity through a Report by the staff liaison. The Report shall include the Committee/Taskforce recommendation/decision, and the Staff recommendation may include, but is not limited to, the following: a)Receive for Information; b)Directions to staff; or, c)Refer to a Director for investigation and if appropriate, a report back to the appropriate Standing Committee. - 188 - Policy Title: Committees and Taskforces of Council Page 7 of 23 Policy Number: ADM 040 05.03 Council may approve, amend, refer or propose other resolutions, as Council deems appropriate. Once a Committee/Taskforce recommendation has been reported to Council, a Committee/Taskforce will not reconsider, recommend or advise on the matter, unless directed by Council. No order or authority to do any business shall be recognized as emanating from a Committee/Taskforce, unless it is in writing and approved through a resolution of Council. 05.04 Committee/Taskforce Members(s) shall rely exclusively on the staff liaison to communicate and dispense with recommendations and actions taken by Committees/Taskforces, and shall not interfere in the administrative practices of the City of Pickering. 05.05 Committees/Taskforces shall prepare an annual work plan to Council which shall include details on the previous year’s accomplishments, a work plan for the current year, and should include a delegation from a Committee/Taskforce Member when the matter is presented at a Meeting of Council. The substance of the work plan shall be prepared by the Committee/Taskforce Members, with administrative assistance and policy advice given by the staff liaison. The work plan shall be submitted to Council annually, no later than the May Council Meeting, through a Memorandum to Council. The Memorandum to Council shall be forwarded to the City Clerk for inclusion on a Council Agenda under correspondence with a recommendation to “receive for information”. 06 Ongoing Review of Committees/Taskforces 06.01 Early in each new Council Term, Council shall review all Committees/Taskforces. The City Clerk in collaboration with the staff liaisons shall conduct a review of all Committees/Taskforces and provide a report to Council, including, but not limited to the following: a)a list of Committees/Taskforce by name and type; b)updates to all Terms of Reference documents for each Committee and Taskforce; and, c)recommendations on whether a Committee and/or Taskforce should be disbanded. 06.02 If a Committee/Taskforce is to be disbanded, a report on the Committee/Taskforce activities and reasons for disbanding shall be presented to Council for approval. 07 Terms of Reference 07.01 Each Committee shall have a Terms of Reference at the time of its establishment and shall include details of its mandate, goals, objectives, and - 189 - Policy Title: Committees and Taskforces of Council Page 8 of 23 Policy Number: ADM 040 responsibilities, composition, Member qualifications, meeting schedule, budget, and remuneration (if applicable). 07.02 Terms of Reference must be approved by Council and amendments to those Terms shall be brought forward to Council through a Staff Report by the staff liaison. 07.03 Terms of Reference shall be reviewed by each Committee/Taskforce at their first meeting following a municipal election. All Terms of Reference shall be forwarded and adopted by Council no later than April 1st in the year following a municipal election. 07.04 The Terms of Reference of each Committee/Taskforce shall be reviewed on an ongoing basis by staff liaisons and the Committee/Taskforce to ensure that each Committee/Taskforce and its Terms of Reference remain relevant and appropriate. 08 Appointment Process and Advertising for Committee/Taskforce Members 08.01 Where the City makes appointments to bodies of its own creation, such appointments shall be citizen appointments. 08.02 Appointment of Council Members to Committees/Taskforces shall be done in accordance with Policy ADM 045 and the number of Council Members to be appointed to each Committee/Taskforce shall be provided in the Committee/Taskforce’s Terms of Reference. 08.03 The appointment process for Committees/Taskforces established by Council shall be coordinated through the City Clerk’s Office. 08.04 The following process will be generally followed in initiating the recruitment, selection, and appointments for Committees/Taskforces: a)upon Council passing a resolution to establish a Committee, at the end of the Term of the Committee/Taskforce, or when a vacancy occurs, the City Clerk, in consultation with the relevant Department and staff liaison assigned to the Committee, will advertise Committee vacancies in the local newspaper, the City’s website, social media platforms, and in any other manner that the City Clerk deems appropriate to reach the broadest sector of the community. The advertisement will indicate the number of vacancies on the Committee/Taskforce, duration of the term, meeting frequency, application process, and the details pertaining to the mandate of the Committee/Taskforce; b)applicants shall be required to complete and submit a prescribed application form; - 190 - Policy Title: Committees and Taskforces of Council Page 9 of 23 Policy Number: ADM 040 c)the staff liaison shall develop a matrix chart to evaluate the applications by reviewing the list of Member qualifications noted in the Committee/Taskforce’s Terms of Reference; d)all applications shall be reviewed by the staff liaison for each Committee/Taskforce and a recommendation shall be provided to the City Clerk for inclusion on an in-camera Council agenda. The process to review the applications will be at the discretion of the staff liaison. The staff recommendation provided to Council will be accompanied with all applications and resumes received for that Committee/Taskforce and the matrix chart developed by the staff liaison to evaluate the applications; e)when preparing the recommendation to Council, the staff liaison shall give equal consideration to new applicants as well as those who have previously served on a Committee/Taskforce; f)notwithstanding item e), recommendations shall be based on the relevant experience and expertise of an individual in relation to the mandate of the Committee/Taskforce and there shall be no restrictions on the number of terms an individual may serve if they meet the needs of the Committee; and, g)the Clerk’s Office, on behalf of Council, shall send out confirmation letters to new Committee/Taskforce appointees which will include the contact information for the staff liaison for that Committee/Taskforce and any other relevant information required. Letters will also be provided to those individuals who were not appointed encouraging them to re-apply at such time a vacancy occurs. 08.05 Notwithstanding Section 08.04 of this Policy, should a vacancy occur on a Committee/Taskforce within six months of a recruitment process for that Committee/Taskforce, the staff liaison, at the discretion and direction of the City Clerk, may consider the applicants that were unsuccessful on being appointed to the Committee/Taskforces in lieu of initiating a new recruitment process. In doing so, the following process shall be followed: a)the Clerk’s Office shall send out letters to all of the applicants that were originally unsuccessful in being appointed to the Committee/Taskforce. The letter shall state the number of vacancies available and include a deadline on providing a response on whether the applicant is agreeable to being considered for the vacancy. b)the Clerk’s office shall provide the staff liaison with a list of the applicants who agreed to being considered for the vacancy. c)based on the applicants who had agreed to being considered for the vacancy, the staff liaison shall prepare a recommendation(s) to be provided to the City Clerk for inclusion on an in-camera Council agenda. - 191 - Policy Title: Committees and Taskforces of Council Page 10 of 23 Policy Number: ADM 040 The staff recommendation provided to Council will be accompanied with all applications and resumes of the applicants that were willing to be considered. 08.06 Applicants shall be a property owner, tenant, or resident of Pickering and a minimum of 18 years of age unless a Committee/Taskforce’s Terms of reference dictates otherwise. City of Pickering employees are not eligible to sit on Committees/Taskforces as voting Members. 08.07 The term of a Member of a Committee/Taskforce shall continue in accordance with the Committee/Taskforce Terms of Reference or until a successor is appointed. Generally, the duration of Committee/Taskforce appointments are the same as the Term of Council. In special circumstances, staff may recommend that the term for a specific Committee/Taskforce be different than the Term of Council to ensure experience and consistency in following the Committee/Taskforce's goals and mandate. 08.08 If a Committee/Taskforce Terms of Reference provide for Stakeholder representation, the following process, coordinated by the staff liaison, will generally be followed in initiating appointment of Stakeholder Members: a)Stakeholder Organizations shall be included in the Committee/Taskforce’s Terms of Reference and the Stakeholder Organization shall be appointed by Council through the approval of the Terms of Reference. Individual Stakeholder Members do not need to be appointed by Council. b)Where a Committee/Taskforce’s Terms of Reference include Stakeholder Organizations, the staff liaison will contact the Stakeholder Organization to seek an individual from the organization to sit on the Committee /Taskforce as the Stakeholder Member. 08.09 Appointees shall not serve on more than one Committee/Taskforce during a term unless there is a vacancy and no other applications are received other than those who are already appointed to another Committee /Taskforce. 08.10 Committees/Taskforces may have membership parameters included in their Terms of Reference to have a membership “up to” a specific number of Members which will allow them to continue with vacancies, however, membership shall not fall below 50% of the maximum membership number included in the Terms of Reference. 08.11 Membership that reflects the diversity of the City community shall be considered as part of the recruitment, selection, and appointment process. 09 Appointment Process for Chair and Vice Chair 09.01 Committees/Taskforces may appoint a Chair and Vice Chair, if the roles are required by statute or the Committee’s/Taskforce’s Terms of Reference. With - 192 - Policy Title: Committees and Taskforces of Council Page 11 of 23 Policy Number: ADM 040 the exception of the Pickering Public Library Board, only citizen members may be nominated for the position of Chair/Vice Chair. Members of Council and Stakeholder Members cannot be appointed as Chair/Vice Chair. The appointment(s) shall take place at the first meeting of the Committee/Taskforce and/or when there is a vacancy in the position(s). In doing so, the following process shall generally be followed: a)At the first meeting, the staff liaison will ask Members for nominations for the position of Chair/Vice Chair for the Committee/Taskforce. b)The staff liaison will record the names of the nominees. Once all nominations have been submitted, the staff liaison will advise that the nominations are closed. The staff liaison will ask each nominee if they wish to have their name stand for the position of Chair. c)If there is only one nominee, and if the Member answers in the affirmative that they wish to have their name stand, the staff liaison will ask for a public vote on a motion to appoint the nominated Member(s) as Chair. d)If there is more than one nominee, the staff liaison will ask each Member of the Committee/Taskforce to publicly state their vote on each nomination . The Member who achieves the majority vote will be appointed Chair. e)The staff liaison will repeat this process for the nomination and appointment of a Vice-Chair. 10 Resignation/Dismissal Process 10.01 Committee/Taskforce Members wishing to resign their appointment shall submit their resignation in writing to the City Clerk or staff liaison as soon as possible. Upon acceptance of the resignation, the City Clerk, or designate, shall acknowledge the resignation in writing and in consultation with the staff liaison assigned to the Committee/Taskforce, will initiate the aforementioned appointment process to fill the vacancy. 10.02 Council, at its discretion, can dismiss any Committee/Taskforce in its entirety or any Member thereof at any time, which may be triggered by any of the following: a) Completion of the Committee/Taskforce mandate; b) Legislative requirements to have the Committee/Taskforce no longer exist; or, c) Recommendation by Staff in Staff Report. 11 Absentee Requirements 11.01 If any Committee/Taskforce Member is absent from three regular meetings in one calendar year without justification, the staff liaison will contact the Member - 193 - Policy Title: Committees and Taskforces of Council Page 12 of 23 Policy Number: ADM 040 in writing to ask whether or not they wish to remain on the Committee/Taskforce with a specific deadline for a response. 11.02 If contact cannot be made with the absent Committee/Taskforce Member by the aforementioned deadline, the Committee/Taskforce Member’s seat shall automatically become vacant and the process for filling a vacancy will begin. Formal notice that the Member’s seat is vacant will be sent to the Member using the contact information on file at the City. 11.03 In the case of a Stakeholder Member, the staff liaison will contact the Stakeholder Organization following the third absence from a regular meeting. The Stakeholder Organization will have the option to confirm its Member and ensure that they will be in attendance at meetings going forward, or confirm an alternate Stakeholder Member will be attending future meetings in their place. Should a Stakeholder Organization no longer be able to provide a Stakeholder Member, the Committee/Taskforce may revise their Terms of Reference to include a new Stakeholder Organization which shall be provided to Council for approval. 12 Orientation Sessions 12.01 Orientation sessions shall be conducted at the beginning of each Term by the staff liaison in coordination with the Legislative Services Division. The orientation will identify goals, objectives and work plans for the Committee/Taskforce and will also provide an overview of Policies and Meeting Procedures. Further sessions may be conducted for Members appointed during the Council Term, as required. Orientation materials will be distributed to all Members of the Committee/Taskforce for reference purposes. Each Committee/Taskforce package shall include the following information at a minimum: a)Committee/Taskforce Terms of Reference; b)Mandatory statutes (e.g. Accessibility for Ontarians with Disabilities Act); c)City of Pickering Procedure By-Law; d)City Organizational Structure; e)Relevant City Policies and Procedures affecting Committee/Taskforce Members including the City’s Code of Conduct; and, f)Staff liaison support and contact information. 12.02 As per the Accessibility for Ontarians with Disabilities Act, 2005, all City and Library employees, volunteers and/or agents as well as any other individual who might be reasonably expected to interact with the public on behalf of the City/Library will receive Accessible Customer Service Training. The staff liaison - 194 - Policy Title: Committees and Taskforces of Council Page 13 of 23 Policy Number: ADM 040 assigned to the Committee/Taskforce will arrange training for new Committee/Taskforce Members who have not had Accessible Customer Service Training and such training shall be provided by the City’s Accessibility Coordinator. 13 Meeting Structure, Agenda and Minute Formats 13.01 Regular meetings will be held monthly, but variations may be determined by the Committee/Taskforce and staff liaison. A meeting schedule, setting out the time and place for meetings will be established by the Committee/Taskforce in their Terms or Reference. For in-person or hybrid meetings, meeting venues will be accessible, and sufficient to accommodate Committee/Taskforce Members, staff, and members of the public. Committees/Taskforces have the ability to meet electronically in accordance with the provisions of the Procedure By-law. 13.02 While ensuring consistency and accountability, meeting structures and agenda/minute formats may be adjusted to meet the needs of individual Committees/Taskforces. The following components may be included in agendas, where specific subject items are described in each component , a)date, time, location of meeting; b)disclosure of interest; c)approval of previous minutes; d)presentations/delegations; e)general business and reports; f)correspondence; g)other business; h)next meeting; and i)adjournment. 13.03 In addition to the items listed on the agenda, the minutes shall also include the names of the Members in attendance and those that were absent from the Meeting. 13.04 Committees/Taskforces shall follow the City’s Procedure By-law; however, a Committee/Taskforce may choose to adopt its own simplified Procedures, subject to the approval of the City Clerk. The City Clerk, or their designate, may provide guidance on the interpretation and application of Meeting Procedures. Good faith misinterpretation of the Procedures shall not affect the validity of any meeting. - 195 - Policy Title: Committees and Taskforces of Council Page 14 of 23 Policy Number: ADM 040 13.05 Staff and Committee/Taskforce Members should structure meeting agendas to make every effort to adhere to a two hour time limit for all Committee/Taskforce meetings. 13.06 Minutes of meetings must be recorded and are scribed without note or comment. Minutes should briefly outline the substance of each of the agenda items discussed during the meeting, including actions taken and recommendations by motion. Motions shall not be required to be seconded, except in the case of the Pickering Public Library Board. Minutes should have a collective, not personal focus. What individuals said is less significant than the precise wording or proposals and the decisions made by the majority of the Committee/Taskforce or by general agreement. No Member has the inherent right to have his or her comments on record. Minutes are primarily a record of what was done at a meeting, and not a record of what was said . Minutes are not taken verbatim and they do not serve as a transcript of the meeting. 13.07 The Recording Secretary shall forward the draft Minutes, as soon as possible following the meeting to the staff liaison for their review. Once the staff liaison has reviewed the meeting Minutes, the Minutes shall be posted on the City’s website and placed on the next Committee/Taskforce agenda for adoption. 14 Access to Meetings 14.01 Except as provided in this section, all meetings shall be open to the public and the media and Committee/Taskforce minutes shall be posted on the City’s website. The staff liaison or the Chair who is facilitating the meeting may expel any person for improper conduct at a meeting. 14.02 Committee/Taskforce meetings should not be closed to the public. If a Board/Advisory Committee feels that discussion of an item on the agenda needs to be closed to the public, the City Clerk must be consulted and approve of the Committee/Taskforce meeting in closed session to ensure that the reasons for closing the meeting are in accordance with Section 239 of the Municipal Act (the “Act”). The agenda for the meeting in which a closed item will be discussed shall include the provisions of the Act that allow for such item to be considered in closed session. A meeting can only be closed to the public if the subject matter being considered falls under one of the open meeting exceptions under Section 239 of the Act. 14.03 Before holding a meeting or part of a meeting that is to be closed to the public, the Committee/Taskforce shall state by resolution: a)the fact of the holding of the closed meeting; b)the general nature of the matter to be considered at the closed meeting; and - 196 - Policy Title: Committees and Taskforces of Council Page 15 of 23 Policy Number: ADM 040 c)in the case of a meeting for educational or training purposes, that it is closed for that purpose and no decisions will be made. 14.04 Where necessary, the City Clerk or the Deputy Clerk shall attend the closed session to record the confidential minutes. 14.05 Confidential minutes of closed sessions shall be kept in the custody and control of the City Clerk. 14.06 All deliberations while in closed session shall remain confidential unless otherwise approved by Committee/Taskforce in open session. 14.07 Where possible, any motion made regarding an item within a closed session shall be reported publicly when the Committee/Taskforce resumes in open session. 14.08 A statement must be placed in the public meeting minutes stating the general nature of the closed meeting and where the confidential minutes will be retained. 15 Pecuniary Interest 15.01 Committee/Taskforce Members are deemed not to have a pecuniary interest in that they have no decision-making ability. Members should be cognizant of any perceived conflict in terms of discussion or decision-making on matters that may serve to benefit the Member personally. Members shall not use their status on Committees/Taskforces for personal or political gain. 15.02 If a Committee/Taskforce Member feels they have a perceived conflict of interest in any matter and is, or will be, present at a meeting at any time at which the matter is the subject of consideration, the Member shall: a)before any consideration of the matter, at the meeting verbally disclose the interest and its general nature; b)not, at any time, take part in the discussion of, or vote on, any question in respect of the matter; and c)complete a Declaration of Interest, Municipal Conflict of Interest Act Form, in accordance with the City’s Procedure By-law and the Disclosure shall be provided to the staff liaison or recording secretary and forwarded to the City Clerk. 15.03 An elector, or any person demonstrably acting in the public interest may apply in writing to the Integrity Commissioner for an inquiry to be carried out concerning an alleged contravention of the Municipal Conflict of Interest Act in accordance with ADM 070-001 - Procedure for Complaints under the Council Code of Conduct and Inquiries under the Municipal Conflict of Interest Act. - 197 - Policy Title: Committees and Taskforces of Council Page 16 of 23 Policy Number: ADM 040 16 Duties of Members of Council, Committee/Taskforce Members, and City Staff 16.01 Duties of Members of Council: a)Members of Council may attend any or all Committee/Taskforce meetings; b)at Committee/Taskforce meetings, Members of Council can respond to Committee/Taskforce Members’ questions, interpret Council’s direction, and ensure that Committee/Taskforce Members are aware of Council issues that may affect the mandate of the Committee/Taskforce; and, c)Members of Council appointed as Members to a Committee/Taskforce are not included as part of the Quorum, and have no voting rights, unless otherwise stated in the Terms of Reference. 16.02 Duties of Committee/Taskforce Members: a)understand the mandate of the Committee/Taskforce, including its relationship to Council; b)understand their role and responsibilities, including relevant City or Library Policies and Procedures; c)strive to attend all scheduled and special Committee/Taskforce Meetings; d)notify the staff liaison on any absences from Committee/Taskforce meetings as soon as possible; e)prepare for meetings by reading agendas and any background information supplied; f)actively participate in the discussion and decision-making process; g)undertake any work assigned, including special projects and research, in between meetings; h)be open minded and allow for a variety of opinions to be heard; i)respect the individual worth and dignity of other Committee/Taskforce Members, and maintain a high degree of professionalism; j)treat members of the public, other Committee/Taskforce Members, and staff, with respect and dignity and without abuse, bullying, or intimidation; k)adhere to the City’s Code of Conduct Policy – ADM 070 and all other relevant Policies and Procedures of the City of Pickering.; - 198 - Policy Title: Committees and Taskforces of Council Page 17 of 23 Policy Number: ADM 040 l)respect that actions taken and recommendations shall reflect the majority view of the Committee/Taskforce; and, m)respect the finality of Council decisions. 16.03 Duties of the Recording Secretary: a)transcribe minutes at meetings; b)coordinate agendas, minutes, correspondence, and delegations as needed; and, c)coordinate all hybrid or electronic Committee/Taskforce meetings . 16.04 Duties of the Staff Liaison: a)the staff liaison assumes two principle functions: a secretarial role and a policy advisor role. These roles may be undertaken by one or more staff; b)the staff liaison for each Committee/Taskforce will assume all duties under Section 16.05 of this Policy unless a Chair or Vice Chair is required by statute or the Committee’s/Taskforce’s Terms of Reference; c)monitor the attendance of all Committee/Taskforce Members in accordance with Section 20 of this Policy; d)respect the individual worth and dignity of Committee/Taskforce Members, and maintain a high degree of professionalism ; e)communicate the various deadlines noted in this Policy and other City Policies/Procedures to the Committee/Taskforce or Chair/Vice Chair; f)seek clarification and answers for Committee/Taskforce Members through Council or City staff; g)the staff liaison has no voting rights or authority to make decisions, and is independent of the Committee/Taskforce, and is present to assist the Committee/Taskforce with administrative processes; and, h)Legislative Services will coordinate agendas, minutes and correspondence as needed for those Committees/Taskforces in which they provide secretariat support. staff liaisons will be responsible for this function for any Committees/Taskforces not supported by Legislative Services. 16.05 Duties of the Chair/Staff Liaison (if no Chair is appointed); a)preside at all meetings of the Committee/Taskforce and rule on all procedural matters; - 199 - Policy Title: Committees and Taskforces of Council Page 18 of 23 Policy Number: ADM 040 b)solicit for agenda items from Committee/Taskforce Members prior to the publication of the meeting agenda and provide the agenda items to the Recording Secretary; c)facilitate the meeting by identifying the order of proceedings and speakers; d)ensure that all meetings are conducted in a fair and efficient manner so that the will of the majority prevails after all Members have had a fair chance to present their points of view; e)ensure active participation by all Committee/Taskforce Members; f)maintain decorum and ensure fairness and accountability; g)be open-minded and encourage a variety of opinions to be heard; h)ensure that the Committee/Taskforce meets the deadlines included in this Policy and other City Policies/Procedures; i)lead the preparation of annual reports/presentations to Council; and, j)review the goals and objectives of the Committee/Taskforce and ensure that its work plan is realistic and up to date. 16.06 Duties of the Vice Chair: a)assume the duties of the Chair if the Chair is not able to fulfill their position. 17 Quorum 17.01 A majority of the Members of any Committee/Taskforce shall be required to officially constitute a meeting. A majority is greater than 50% of the number of current sitting Members. Vacancies on a Committee shall not be included in the calculation of Quorum. 17.02 City staff, Members of Council, special guests, and volunteers have no voting privileges and will not be included in the Quorum. In some instances, where it is defined in a Committee’s Terms of Reference, Members of Cou ncil may have voting privileges. 17.03 If no Quorum is present 30 minutes after the time scheduled for a meeting, the Recording Secretary shall record the names of the Members present, and the meeting shall stand adjourned until the next meeting date . - 200 - Policy Title: Committees and Taskforces of Council Page 19 of 23 Policy Number: ADM 040 17.04 If the staff liaison is absent from the meeting and another City staff Member is not present and Quorum has been met, then a Committee Member can be appointed to facilitate the meeting; 18 Committee/Taskforce Events, Media Relations, and Communications 18.01 Committees/Taskforces must seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g. budget, approximate number of staff required, month the event would be held in, and purpose of event). Events approved in the work plan are subject to the CUL 070 Community Festival & Events Policy. Community Services Staff may provide guidance or assistance to the Committee/Taskforce through the planning and implementation process outlined in the Community Festival & Events Manual. 18.02 Committee/Taskforce events must relate to specific activities approved in the Committee/Taskforce’s Terms of Reference and mandate. Permit fees for events will be charged as per Council Approved User Fees and must be budgeted within the respective City Department budget where the staff liaison for that Committee/Taskforce resides. 18.03 It is expected that all Taskforce Members attend and assist in organizing events that are requested and approved by Council. 18.04 Committee Members shall not meet with the media unless such meeting is approved by the City’s Chief Administrative Officer or the Division Head, Public Affairs & Corporate Communications. Upon receipt of a media engagement opportunity, the Committee Member must notify the staff liaison, who shall then inform, and consult where appropriate, the Chief Administrative Officer and Division Head, Public Affairs & Corporate Communications. Upon ap proval from the Chief Administrative Officer or the Division Head, Public Affairs & Corporate Communications, the Committee Member may respond to the media inquiry. Committee media relations must be supported by the City’s Corporate Communications Division. These provisions pertaining to media do not apply to Taskforces as outlined in Section 04.04 of this Policy. 18.05 The actions and recommendations of Committees/Taskforces are subject to the policies and administrative practices of the City, including but not limited to provisions pertaining to the use of the corporate logo(s), letterhead, website, information pamphlets, and media advertisements. 19 Subcommittees 19.01 Subcommittees may be established by a Committee/Taskforce, as required, to carry out specific projects included in the annual work plan. Such Subcommittees shall be disbanded upon completion of their specific project(s) or task. A Subcommittee must include at a minimum, one voting Member of the Committee/Taskforce, and additional membership may be drawn by the - 201 - Policy Title: Committees and Taskforces of Council Page 20 of 23 Policy Number: ADM 040 Committee/Taskforce from relevant stakeholders or the general public with the appropriate interest and expertise. Subcommittees shall not be authorized to create further Subcommittees or receive honorariums. 20 Honorariums 20.01 This section applies only to citizen appointments on Committees/Taskforces. It does not apply to Council or Stakeholder Members appointed to a Committee/Taskforce, and does not apply to Subcommittees. 20.02 Honorariums are provided per meeting attended regardless of the length of the meeting. 20.03 To be eligible for honorariums: a)the Member must be a voting Member of the Committee/Taskforce; b)the Member must be present for at least half of the duration of the meeting; c)the meeting must be a regular or special meeting; and, d)the Member’s attendance must be recorded in the approved minutes for that meeting. 20.04 Where a regular or special meeting is adjourned due to a lack of quorum, the Members who were present shall be paid the regular rate of honorarium included in the Committee/Taskforce’s Terms of Reference. 20.05 Honorarium rates will be included in the individual Terms of Reference for each Committee/Taskforce. 20.06 Honorariums paid by the City to a Committee/Taskforce Member shall not be donated back to the City. 20.07 All citizen Committee/Taskforce Members who receive an honorarium shall be issued a T4A statement by the City. 20.08 Honorariums shall be paid twice a year, in June and in December, up to a maximum amount per person per year as specified in the Committee/Taskforce Terms of Reference. 20.09 All payment information must be submitted to the City’s Finance department proactively by the staff liaison assigned to the Committee/Taskforce in accordance with the timelines outlined in Section 20.08. 21 Provision for Accessibility and Diversity - 202 - Policy Title: Committees and Taskforces of Council Page 21 of 23 Policy Number: ADM 040 21.01 Adequate provisions shall be made by relevant staff to ensure that meeting locations, agenda and minute formats, communications and conduct of meetings are accessible, to ensure maximum participation and quality customer service. 22 Municipal Freedom of Information and Protection of Privacy 22.01 The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) applies to all Committees/Taskforces, and members of the public may request access to City records under MFIPPA by filing a Freedom of Information request with the Clerk’s Office. The City must follow the process outlined in the Act to release the information which may include disclosure of reports correspondence, or emails sent by Members to staff regarding Committee/Taskforce matters. 22.02 Requests for information shall be referred to the Clerk’s Office to be addressed either as an informal request to access municipal records, or as a formal request under MFIPPA. 22.03 Members may receive personal or other confidential information as part of their role on the Committee/Taskforce and it is expected that this information be protected, including keeping the information physically and electronically secure from unauthorized use. 23 Exceptions to this Policy 23.01 Where a conflict exists between the provisions of this Policy and any legislative or legal requirement, the legislative or legal requirement will prevail. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendices Appendix 1 Terms of Reference – Sample Format Appendix 2 Work Plan – Sample Format - 203 - Policy Title: Committees and Taskforces of Council Page 22 of 23 Policy Number: ADM 040 Appendix 1 Terms of Reference Name of Committee Terms of Reference shall be approved by Council and amendments can only be made with Council approval. Terms of Reference for a Committee/Taskforce need only address information not already provided for in the Committees and Taskforce Policy. 1.0 Mandate – A description of the general purpose and activities of the Committee/Taskforce, including areas of responsibility, taking into account any statutory requirements. Committee/Taskforce mandates shall not be altered by the Committee/Taskforce without Council approval. 2.0 Goals, Objectives and Responsibilities – A listing of the goals, objectives and responsibilities of the Committee/Taskforce, to be addressed in annual work plans with reference to specific strategies and actions. 3.0 Composition – Specify the maximum and minimum number of Members of the Advisory Committee and describe the nature of membership (Council Members, citizens and/or Stakeholder Organization, numbers in each category), membership terms, and voting rights. 4.0 Member Qualifications – Outline recommended qualifications of potential Members given the mandate of the Committee/Taskforce. 5.0 Meeting Schedule – Indicate how often the Committee/Taskforce shall meet, e.g. monthly, every other month, criteria for calling a special meeting, summer recess. 6.0 Budget – requests must relate to the Committee/Taskforce’s mandate, be included in the annual work plan submission and be supported by project descriptions. 7.0 Honorariums – Specify the rate of pay for Members per Meeting. If the Committee/Taskforce Terms of Reference includes a Chair, specify the rate for the Chair. - 204 - Policy Title: Committees and Taskforces of Council Page 23 of 23 Policy Number: ADM 040 Memo To: [click and insert name of City Clerk] [click and insert date] City Clerk From: [click and insert name of Staff Liaison] [click and insert title of Staff Liaison] Copy: Chief Administrative Officer Directors [click and insert "Division Head, Department" if applicable] Subject: [click and insert name of Board/Committee/Taskforce] -20XX Year End Report and 20XX Work Plan File: [click and add file number] The [click and insert name and acronym of Board/Committee/Taskforce] is pleased to present its 20XX Year End Report and 20XX Work Plan. 20XX Year End Report Provide an overview of the body’s accomplishments over the past year, and highlight successes and challenges in relation to their work plan. Formatting is flexible and can include paragraphs, headings, lists, bullets, tables etc. 20XX Work Plan Provide an overview of the work that the body expects to accomplish in the year ahead. Formatting is flexible and can include paragraphs, headings, lists, bullets, tables etc. [click and insert author/typist initials] Attachment "Click and type attachment" "Click and type additional attachments" Appendix 2 -Cdt;of- P](KER]NG ■ ■ ■ ■ I - 205 - Policy Procedure Title: Committees and Taskforces of Council Policy Number ADM 040 Reference Municipal Act Procedure By-law, as amended Resolution #165/10 Resolution #301/14 Resolution #53/19 Date Originated (m/d/y) November 10, 2008 Date Revised (m/d/y) December 13, 2010 October 2012 December 15, 2014 March 2019 March 27, 2023 Pages 23 Approval: Chief Administrative Officer Point of Contact City Clerk Deleted: Boards & Advisory Deleted: 15 Policy Objective The purpose of this Policy is to identify a process for establishing Committees and Taskforces of Council, requirements for maintaining and supporting their work, and the coordination of the appointment and advertising process through the City Clerk. It excludes external bodies and local Boards not established by Council and internal, working groups of an administrative nature. This Policy supplements the City of Pickering’s Procedure By-law which applies to all Committee and Taskforce meetings. Index 01 Definitions 02 Classification of Committees 03 Establishment of Committees and Taskforces 04 Taskforces 05 Relationship between Committees/Taskforces and Council 06 Ongoing Review of Committees/Taskforces 07 Terms of Reference 08 Appointment Process and Advertising for Committee/Taskforce Members 09 Appointment Process for Chair and Vice Chair 10 Resignation/Dismissal Process DRAFT Deleted: Boards and Advisory Deleted: al Deleted: Boards and Advisory Deleted: s Deleted: , including Staff Liaisons. Deleted: Boards and Advisory Deleted: <#>¶ Deleted: <#>Advisory Deleted: Boards and Advisory Deleted: Board/Advisory Attachment #2 to Report CLK 03-23 -Cd:Jo/- p](KERJNG . I I ---! l .______________ ----1 I -------"-------~=-= . . ---------. - 206 - Policy Title: Committees and Taskforces of Council Page 2 of 23 Policy Number: ADM 040 11 Absentee Requirements 12 Orientation Sessions 13 Meeting Structure, Agenda, and Minute Formats 14 Access to Meetings 15 Pecuniary Interest 16 Duties of Members of Council, Committee/Taskforce Members, and City Staff 17 Quorum 18 Committee/Taskforce Events, Media Relations, and Communications 19 Subcommittees 20 Honorariums 21 Provision for Accessibility and Diversity 22 Municipal Freedom of Information and Protection of Privacy 23 Exceptions to this Policy 01 Definitions 01.01 Chair - means a Member with voting rights appointed by the Members to act as the head of the Committee/Taskforce. 01.02 Committee - means an Advisory Committee, Ad Hoc Committee, Quasi- Judicial/Appeals Committee, or a Board established by Council Resolution or statute. 01.03 City - means The Corporation of the City of Pickering. 01.04 Council - means the Council of The Corporation of the City of Pickering. 01.05 Event - means a gathering of 20+ people, held on City property (facility, park, or permitted space), is open to the public, and include one or more of the following criteria; amplified sound, catered food, industrial cooking, alcohol sales, vendors, food trucks/vendors, staking, generators, carnival or fair, raffles, and may include use of a Signature Park. 01.06 Mandate - means the statement that describes the Committee/Taskforce’s purpose or responsibilities as outlined in the respective Committee/Taskforce’s Terms of Reference. Deleted: <#>Implementation Procedure – Classification of Boards and Advisory Committees¶ Deleted: Chair Deleted: Advisory Deleted: created by Council to provide input, advice and technical expertise on particular matters, act as a vehicle for public consultation on issues of municipal interest and make recommendations to Council. Deleted: Advisory 1~-- - 207 - Policy Title: Committees and Taskforces of Council Page 3 of 23 Policy Number: ADM 040 01.07 Member - means a citizen Member appointed by Council to a Committee, or a Stakeholder Member selected by a Stakeholder Organization. 01.08 Quorum - means a majority of Members required to be present at any meeting in order that business may be conducted. When vacancies occur on a Committee, Quorum shall be based on the remaining number of sitting Members and not the full Membership. 01.09 Staff Liaison - means the staff Member assigned to facilitate and provide guidance to the Committee/Taskforce. 01.10 Stakeholder Member - means the individual selected by the Stakeholder Organization to participate on the Committee/Taskforce on behalf of the Stakeholder Organization which may change from time to time at the discretion of the Stakeholder Organization. 01.11 Stakeholder Organization - means an organization that is defined in the Committee/Taskforce’s Terms of Reference, and who provide a Member of said organization to be a Member of a Committee/Taskforce for the City. 01.11 Subcommittee - means an informal group composed of no fewer than one voting Member of the Committee/Taskforce but less than Quorum of the Committee/Taskforce. Subcommittees are established, as required, to carry out specific projects included in the annual work plan, and are disbanded upon completion of their duties. Subcommittees are not subject to open Meeting provisions under the Municipal Act and the Procedure By-law. Membership may be drawn from relevant stakeholders or the general public with the appropriate interest and expertise. 01.12 Taskforce - means a body established by Council with a Mandate to study and analyze a particular municipal issue and implement action as outlined in the Terms of Reference and/or Work Plan. Action may include community events, public engagement workshops, and educational resources in partnership with the community and/or the City. Taskforces may include citizen Members, staff, and representation from external bodies. 01.13 Terms of Reference - means the document that provides an overview of the Committee or Taskforce, the content of which is prescribed by this Policy. A Terms of Reference template is attached as Appendix 1 to this Policy. 01.14 Vice Chair - means a Member with voting rights appointed by the Members of the Committee/Taskforce to assume the duties of the Chair in the Chair’s absence. 02 Classification of Committees 02.01 Committees provide recommendations, advice and information to Council on an ongoing basis on specific municipal matters that are set out in the Committee’s Deleted: Board or Deleted: the number of Deleted: Member Deleted: appointed Deleted: Advisory Deleted: or Board Deleted: committee Deleted: to assist in the short-term study and analysis of a specific matter. Deleted: Member Deleted: representation as well as Deleted: general Deleted: Advisory Deleted: Board Deleted: Chair Deleted: Chair Deleted: Implementation Procedure – Deleted: Boards and Advisory Deleted: <#>Where the municipality makes appointments to bodies of its own creation and to outside bodies when requested to do so, such appointments shall be citizen appointments, except in those situations where the municipality has a direct financial involvement, in which case Council shall determine whether or not it will appoint citizen and/or Council Members to such bodies. Council, under certain circumstances, may deem it necessary for Council representation on some Boards and Advisory Committees.¶ <#>Boards and Advisory Committees may be either ongoing or a task force. Ongoing Boards and Deleted: <#>Board/ --.______ _______________ -r-l_ -_ -_J ---------------~---====-------------,r-'--------___J-., ====--==------------======== ,r-r= -= -=======i ~~====--==--~~~~~ t==== -==::::::::J=======il --~=----====== _~ ---~-------= ---========= -.~·r======================::::=J====i::::::j: ===------====------------===-------===~ ~ - 208 - Policy Title: Committees and Taskforces of Council Page 4 of 23 Policy Number: ADM 040 Mandate and Terms of Reference. Some Committees, due to their quasi- judicial, or legislated nature, make decisions based on the parameters of their Terms of Reference. Committees serve until such time that the Committee is disbanded in accordance with the provisions of this Policy, or in accordance with the Term identified in the Committee’s Terms of Reference. 02.02 Categories of Committees include the following: a)Advisory - includes bodies established by Council to provide input on a discretionary basis and advice to Council on particular matters, or to undertake special projects as assigned. The nature of Advisory Committee recommendations to Council are purely advisory, and Council may approve, amend, refer or propose other resolutions, as Council deems appropriate. b)Ad Hoc - a short term Committee established by Council for the purpose of dealing with a special project with a clear mandate and a start and finish date. When an Ad Hoc Committee has reached its term end date, or completed its task and made its report to Council, the Committee shall be deemed to be dissolved. An Ad Hoc Committee shall not be established for a term longer than a year. Ad Hoc Committees shall have a Staff Liaison and may have representation from Council, staff, and the public. c)Boards - means any local Board established by Provincial Statute and tasked with overseeing the operation and delivery of services identified in legislation. Boards may have their own Policies and By-laws, and where there is a conflict between this Policy and the Board’s policies/by-laws, the polices and the by-laws of the Board shall prevail. d)Quasi-Judicial/Appeals Committee - means a Committee established by Council to exercise a legislative or quasi-judicial power under the Planning Act, Municipal Act, Building Code Act, or any other Act . 03 Establishment of Committees and Taskforces 03.01 Committees/Taskforces are established by resolution of Council and each resolution shall incorporate approval of the Terms of Reference for the specific Committee/Taskforce. Prior to Council's establishment of any Committee/Taskforce, the relevant Director(s) shall submit a report to Council including the following information: a)Previous work done by the City to advance the mandate of the proposed Committee/Taskforce (if any); b)Budget Implications; c)Statutory requirements (if applicable); and Deleted: They include some o Deleted: f Deleted: authorized Deleted: ¶ Deleted: Mandatory - where a Provincial Statute prescribes the type of appointments to be made by the municipality to a given body. Deleted: Local Deleted: a school board, municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality. Deleted: <#>External Bodies - separate special purpose bodies that have a substantial amount of authority over their own operations.¶ Deleted: <#>hears and deals with appeals and/or minor variances to City By-laws.¶ <#>Task Forces assist in the short-term study and analysis of a specific municipal issue, as defined in the Terms of Reference and established by a confirming by-law. Task Forces may include staff representation as well as representation from external bodies.¶ Deleted: <#> Boards and Advisory Deleted: Boards and Advisory Deleted: proposed Deleted: established by a confirming by-law. Each resolution Deleted: Board/Advisory Deleted: Board or Advisory - 209 - Policy Title: Committees and Taskforces of Council Page 5 of 23 Policy Number: ADM 040 d)Terms of Reference; 04 Taskforces 04.01 The Terms of Reference for Taskforces shall include details of its mandate, goals, objectives, responsibilities, composition, Member qualifications, budget, and remuneration (if applicable). 04.02 Notwithstanding Section 8.03 and 8.04, Taskforces may create their own appointment process to fill mid-term vacancies. The advertisement of the vacancy shall aim to reach the broadest sector of the community and shall indicate the number of vacancies on the Taskforce, duration of the term, meeting frequency, application process, and the website URL where details can be obtained regarding the Taskforce. The Taskforce shall determine those individuals from its membership that will review all applications and will provide the names of the recommended appointees to the staff liaison. The majority of the Members forming the review panel will determine which names are recommended to Council for appointment. Such recommendations shall be provided to the staff liaison within 45 days of the application closing date. The recommendations will then be provided to Council for approval at the next earliest opportunity at an in-camera meeting. For new-term vacancies, the recruitment process undertaken shall be at the discretion of the staff liaison assigned to the Taskforce. 04.03 The following process shall be followed for the approval of Taskforce Events: a)Taskforces may include Events in their annual work plan and present the work plan to Council through a Staff Report prepared by the Staff Liaison. b)The Staff Report shall seek Council approval in principal for Taskforce Events subject to terms and conditions satisfactory to the Director, Community Services and Chief Administrative Officer and the Taskforce’s approved annual budget. The Report shall list the month that the event would be held in, the type of event, and any other confirmed details of the event. c)Events not included in the work plan are subject to Section 18.01 of this Policy. 04.04 Notwithstanding Section 18.04, the following process shall be followed for media inquiries received or requested by Taskforces: a)Taskforces shall have a designated and an alternate Member appointed as the media spokesperson to respond to media inquiries pertaining to the mandate of the Taskforce. b)Upon receipt or request of a media engagement opportunity, the Taskforce Member must notify the Staff Liaison, who shall then inform Deleted: <#>inventory of previous and existing activities related to the matter, including public consultation initiatives;¶ <#>suggested types of public consultation;¶ <#>Board/Advisory Committee - 210 - Policy Title: Committees and Taskforces of Council Page 6 of 23 Policy Number: ADM 040 and consult where appropriate, the Chief Administrative Officer and Division Head, Public Affairs & Corporate Communications. Upon approval from the Chief Administrative Officer or the Division Head, Public Affairs & Corporate Communications, the designated Taskforce Member or their alternate may respond to the media inquiry. c)The Taskforce should anticipate receiving media inquiries that require a timely response, such as in person, or virtually, during a live event or activity where the Taskforce is participating. These should only be addressed by the Taskforce media spokesperson or alternate. If neither are present, an on-site Taskforce Member should advise the media of the appropriate person to connect with on their inquiry. d)When interacting with the media, the Taskforce media spokesperson must be cognizant of the duties listed under Section 16.02 of this Policy. e)All matters that fall outside of the mandate of the Taskforce shall be referred to the City’s Corporate Communications Division. 04.05 Taskforces may develop, their own branding and marketing resources as they frequently engage with the community and stakeholders to build partnerships in an effort to further their mandate. The request must be sent to the City’s Corporate Communications Division for review and approval prior to its public release so that any associated costs can be included in the City’s annual budget. 05 Relationship between Committees/Taskforces and Council 05.01 The purpose of Committees is to assist Council by providing recommendations on specialized issues, policies and/or operational levels, as set out in the Terms of Reference or Council approved work plans. Committee/Taskforce Members are appointed by Council, and serve at the pleasure of Council for a specified term, where statutory requirements do not state otherwise. 05.02 Committee/Taskforce recommendations requiring Council’s attention shall be provided to Council at the next available opportunity through a Report by the Staff Liaison. The Report shall include the Committee/Taskforce recommendation/decision, and the Staff recommendation may include, but is not limited to, the following: a)Receive for Information; b)Directions to staff; or, c)Refer to a Director for investigation and if appropriate, a report back to the appropriate Standing Committee. Deleted: <#>membership composition and level of expertise or specialization required by Committee members for the selection process; and¶ <#>orientation, training and facilitation needs.¶ Deleted: <#>Advisory Deleted: Advisory Committees are proposed by resolution of Council and the Committees Deleted: on a Deleted: y Deleted: mandate and specific, Deleted: Advisory Deleted: m Deleted: authority Deleted: es Deleted: The nature of Advisory ~---------'-----~--~---- .______________~--~~,;=-=; .. ............... ~ - 211 - Policy Title: Committees and Taskforces of Council Page 7 of 23 Policy Number: ADM 040 05.03 Council may approve, amend, refer or propose other resolutions, as Council deems appropriate. Once a Committee/Taskforce recommendation has been reported to Council, a Committee/Taskforce will not reconsider, recommend or advise on the matter, unless directed by Council. No order or authority to do any business shall be recognized as emanating from a Committee/Taskforce, unless it is in writing and approved through a resolution of Council. 05.04 Committee/Taskforce Members(s) shall rely exclusively on the Staff Liaison to communicate and dispense with recommendations and actions taken by Committees/Taskforces, and shall not interfere in the administrative practices of the City of Pickering. 05.05 Committees/Taskforces shall prepare an annual work plan to Council which shall include details on the previous year’s accomplishments, a work plan for the current year, and should include a delegation from a Committee/Taskforce Member when the matter is presented at a Meeting of Council. The substance of the work plan shall be prepared by the Committee/Taskforce Members, with administrative assistance and policy advice given by the Staff Liaison. The work plan shall be submitted to Council annually, no later than the May Council Meeting, through a Memorandum to Council. The Memorandum to Council shall be forwarded to the City Clerk for inclusion on a Council Agenda under correspondence with a recommendation to “receive for information”. 06 Ongoing Review of Committees/Taskforces 06.01 Early in each new Council Term, Council shall review all Committees/Taskforces. The City Clerk in collaboration with the Staff Liaisons shall conduct a review of all Committees/Taskforces and provide a report to Council, including, but not limited to the following: a)a list of Committees/Taskforce by name and type; b)updates to all Terms of Reference documents for each Committee and Taskforce; and, c)recommendations on whether a Committee and/or Taskforce should be disbanded. 06.02 If a Committee/Taskforce is to be disbanded, a report on the Committee/Taskforce activities and reasons for disbanding shall be presented to Council for approval. 07 Terms of Reference 07.01 Each Committee shall have a Terms of Reference at the time of its establishment and shall include details of its mandate, goals, objectives, and Deleted: to Council are purely advisory, and Deleted: Advisory Committees shall Deleted: a Deleted: that has been decided by Council, Deleted: Advisory Deleted: m Deleted: appointed Deleted: Advisory Deleted: vene Deleted: Advisory Deleted: report Deleted: a report Deleted: to Council, and Deleted: reviewing their goals, objectives and successes in relation to their work plan, Deleted: to Council Deleted: report Deleted: Advisory Deleted: m Deleted: City staff Deleted: ¶ Reporting to Council¶ Citizen Advisory Committees shall prepare an annual work plan submission, w;¶ this process shall be led by the Staff Liaison of the Committee and may include a delegation to Council; and¶ every Citizen Advisory Committee matter which needs to be referred to Council shall be done in writing through the Staff Liaison. The Staff Liaison assigned to the Committee will submit a memo to Council as Correspondence stating the Committee’s recommendations. The Council Correspondence direction will be for Council to “Receive as Information” or to “Refer to a Director” for investigation and if appropriate, a report back to the appropriate Standing Committee. ¶ Deleted: Boards and Advisory Deleted: t Deleted: Boards and Advisory Deleted: Boards/Advisory Deleted: Boards/Advisory Deleted: <#>summary of mandates, goals and objectives for each Board/Advisory Committee;¶ <#>achievements and challenges for each Board/Advisory Committee;¶ Deleted: <#>the future direction of each Board/Advisory Committee and its structure in general; ... Deleted: <#>reviews and recommendations on the ... Deleted: <#>Board or Advisory Deleted: <#> final Deleted: <#>Board/Advisory Deleted: The ----. -~ -- -i . / -~ . - - -----1 -~ - ~ . ..... . -- - -. 1 . . '------------~~ \ I , ,-- t I - 212 - Policy Title: Committees and Taskforces of Council Page 8 of 23 Policy Number: ADM 040 responsibilities, composition, Member qualifications, meeting schedule, budget, and remuneration (if applicable). 07.02 Terms of Reference must be approved by Council and amendments to those Terms shall be brought forward to Council through a Staff Report by the Staff Liaison. 07.03 Terms of Reference shall be reviewed by each Committee/Taskforce at their first meeting following a municipal election. All Terms of Reference shall be forwarded and adopted by Council no later than April 1st in the year following a municipal election. 07.04 The Terms of Reference of each Committee/Taskforce shall be reviewed on an ongoing basis by Staff Liaisons and the Committee/Taskforce to ensure that each Committee/Taskforce and its Terms of Reference remain relevant and appropriate. 08 Appointment Process and Advertising for Committee/Taskforce Members 08.01 Where the City makes appointments to bodies of its own creation, such appointments shall be citizen appointments. 08.02 Appointment of Council Members to Committees/Taskforces shall be done in accordance with Policy ADM 045 and the number of Council Members to be appointed to each Committee/Taskforce shall be provided in the Committee/Taskforce’s Terms of Reference. 08.03 The appointment process for Committees/Taskforces established by Council shall be coordinated through the City Clerk’s Office. 08.04 The following process will be generally followed in initiating the recruitment, selection, and appointments for Committees/Taskforces: a)upon Council passing a resolution to establish a Committee, at the end of the Term of the Committee/Taskforce, or when a vacancy occurs, the City Clerk, in consultation with the relevant Department and Staff Liaison assigned to the Committee, will advertise Committee vacancies in the local newspaper, the City’s website, social media platforms, and in any other manner that the City Clerk deems appropriate to reach the broadest sector of the community. The advertisement will indicate the number of vacancies on the Committee/Taskforce, duration of the term, meeting frequency, application process, and the details pertaining to the mandate of the Committee/Taskforce; b)applicants shall be required to complete and submit a prescribed application form; Deleted: will be established in accordance with the template included as Appendix 1 to this Policy. Deleted: once established, Deleted: can only be made with Council approval. Deleted: Advisory Deleted: Board/Advisory Deleted: Where a Provincial Statute prescribes the type of appointments to be made by the City to a given Board or Advisory Committee, the Statute shall be complied with. Deleted: Boards/Advisory Committees Deleted: and to outside bodies when requested to do so Deleted: , except in circumstances where the City has a direct financial involvement, in which instance Council shall determine whether or not it will appoint citizens and/or Council Members to such bodies.¶ Deleted: , Deleted: coordinated by the City Clerk and Legislative Services, Deleted: be Deleted: Board/Advisory Deleted: d Deleted: Advisory Deleted: level of commitment, Deleted: the website URL where details can be obtained for each Board Deleted: to the City Clerk an Deleted: , available from the Clerk's Office and the City website; --------\ '--------------'"'--------------_______.____. -~-_~,~==I ·-_ ----===-----===---~;==I - 213 - Policy Title: Committees and Taskforces of Council Page 9 of 23 Policy Number: ADM 040 c) the Staff Liaison shall develop a matrix chart to evaluate the applications by reviewing the list of Member qualifications noted in the Committee/Taskforce’s Terms of Reference; d) all applications shall be reviewed by the Staff Liaison for each Committee/Taskforce and a recommendation shall be provided to the City Clerk for inclusion on an in-camera Council agenda. The process to review the applications will be at the discretion of the Staff Liaison. The staff recommendation provided to Council will be accompanied with all applications and resumes received for that Committee/Taskforce and the matrix chart developed by the Staff Liaison to evaluate the applications; e) when preparing the recommendation to Council, the Staff Liaison shall give equal consideration to new applicants as well as those who have previously served on a Committee/Taskforce; f) notwithstanding item e), recommendations shall be based on the relevant experience and expertise of an individual in relation to the mandate of the Committee/Taskforce and there shall be no restrictions on the number of terms an individual may serve if they meet the needs of the Committee; and, g) the Clerk’s Office, on behalf of Council, shall send out confirmation letters to new Committee/Taskforce appointees which will include the contact information for the Staff Liaison for that Committee/Taskforce and any other relevant information required. Letters will also be provided to those individuals who were not appointed encouraging them to re-apply at such time a vacancy occurs. 08.05 Notwithstanding Section 08.04 of this Policy, should a vacancy occur on a Committee/Taskforce within six months of a recruitment process for that Committee/Taskforce, the Staff Liaison, at the discretion and direction of the City Clerk, may consider the applicants that were unsuccessful on being appointed to the Committee/Taskforces in lieu of initiating a new recruitment process. In doing so, the following process shall be followed: a) the Clerk’s Office shall send out letters to all of the applicants that were originally unsuccessful in being appointed to the Committee/Taskforce. The letter shall state the number of vacancies available and include a deadline on providing a response on whether the applicant is agreeable to being considered for the vacancy. b) the Clerk’s office shall provide the Staff Liaison with a list of the applicants who agreed to being considered for the vacancy. c) based on the applicants who had agreed to being considered for the vacancy, the Staff Liaison shall prepare a recommendation(s) to be provided to the City Clerk for inclusion on an in-camera Council agenda. Deleted: Board/ Deleted: in Deleted: Board/ Deleted: ; Deleted: Board/ Deleted: Board/ Deleted: Board/ Deleted: Board/Advisory Deleted: and advise of Deleted: ir Deleted: contacts . -------. -------- ------ - 214 - Policy Title: Committees and Taskforces of Council Page 10 of 23 Policy Number: ADM 040 The staff recommendation provided to Council will be accompanied with all applications and resumes of the applicants that were willing to be considered. 08.06 Applicants shall be a property owner, tenant, or resident of Pickering and a minimum of 18 years of age unless a Committee/Taskforce’s Terms of reference dictates otherwise. City of Pickering employees are not eligible to sit on Committees/Taskforces as voting Members. 08.07 The term of a Member of a Committee/Taskforce shall continue in accordance with the Committee/Taskforce Terms of Reference or until a successor is appointed. Generally, the duration of Committee/Taskforce appointments are the same as the Term of Council. In special circumstances, staff may recommend that the term for a specific Committee/Taskforce be different than the Term of Council to ensure experience and consistency in following the Committee/Taskforce's goals and mandate. 08.08 If a Committee/Taskforce Terms of Reference provide for Stakeholder representation, the following process, coordinated by the Staff Liaison, will generally be followed in initiating appointment of Stakeholder Members: a)Stakeholder Organizations shall be included in the Committee/Taskforce’s Terms of Reference and the Stakeholder Organization shall be appointed by Council through the approval of the Terms of Reference. Individual Stakeholder Members do not need to be appointed by Council. b)Where a Committee/Taskforce’s Terms of Reference include Stakeholder Organizations, the Staff Liaison will contact the Stakeholder Organization to seek an individual from the organization to sit on the Committee/Taskforce as the Stakeholder Member. 08.09 Appointees shall not serve on more than one Committee/Taskforce during a term unless there is a vacancy and no other applications are received other than those who are already appointed to another Committee/Taskforce. 08.10 Committees/Taskforces may have membership parameters included in their Terms of Reference to have a membership “up to” a specific number of Members which will allow them to continue with vacancies, however, membership shall not fall below 50% of the maximum membership number included in the Terms of Reference. 08.11 Membership that reflects the diversity of the City community shall be considered as part of the recruitment, selection, and appointment process. 09 Appointment Process for Chair and Vice Chair 09.01 Committees/Taskforces may appoint a Chair and Vice Chair, if the roles are required by statute or the Committee’s/Taskforce’s Terms of Reference. With Deleted: determined by committee membership requirements. Deleted: Board/Advisory Deleted: t Deleted: a Deleted: ’s, however staff may recommend that the terms for specific Board/Advisory Committee appointments Deleted: staggered Deleted: Board/Advisory Deleted: While appointees may serve on more than one Board/Advisory Committee, Council shall give first consideration to individuals who are not already appointed to another Board/Advisory Committee. Deleted: will Deleted: encouraged in the . -------. -----------~ . . \; - 215 - Policy Title: Committees and Taskforces of Council Page 11 of 23 Policy Number: ADM 040 the exception of the Pickering Public Library Board, only citizen members may be nominated for the position of Chair/Vice Chair. Members of Council and Stakeholder Members cannot be appointed as Chair/Vice Chair. The appointment(s) shall take place at the first meeting of the Committee/Taskforce and/or when there is a vacancy in the position(s). In doing so, the following process shall generally be followed: a) At the first meeting, the Staff Liaison will ask Members for nominations for the position of Chair/Vice Chair for the Committee/Taskforce. b) The Staff Liaison will record the names of the nominees. Once all nominations have been submitted, the Staff Liaison will advise that the nominations are closed. The Staff Liaison will ask each nominee if they wish to have their name stand for the position of Chair. c) If there is only one nominee, and if the Member answers in the affirmative that they wish to have their name stand, the Staff Liaison will ask for a public vote on a motion to appoint the nominated Member(s) as Chair. d) If there is more than one nominee, the Staff Liaison will ask each Member of the Committee/Taskforce to publicly state their vote on each nomination separately. The Member who achieves the majority vote will be appointed Chair. e) The Staff Liaison will repeat this process for the nomination and appointment of a Vice-Chair. 10 Resignation/Dismissal Process 10.01 Committee/Taskforce Members wishing to resign their appointment shall submit their resignation in writing to the City Clerk or Staff Liaison as soon as possible. Upon acceptance of the resignation, the City Clerk, or designate, shall acknowledge the resignation in writing and in consultation with the Staff Liaison assigned to the Committee/Taskforce, will initiate the aforementioned appointment process to fill the vacancy. 10.02 Council, at its discretion, can dismiss any Committee/Taskforce in its entirety or any Member thereof at any time, which may be triggered by any of the following: a) Completion of the Committee/Taskforce mandate; b) Legislative requirements to have the Committee/Taskforce no longer exist; or, c) Recommendation by Staff in Staff Report. 11 Absentee Requirements Deleted: Board/Advisory Deleted: a letter of Deleted: Board/Advisory Deleted: <#>.¶ <#>¶ - 216 - Policy Title: Committees and Taskforces of Council Page 12 of 23 Policy Number: ADM 040 11.01 If any Committee/Taskforce Member is absent from three regular meetings in one calendar year without justification, the Staff Liaison will contact the Member in writing to ask whether or not they wish to remain on the Committee/Taskforce with a specific deadline for a response. 11.02 If contact cannot be made with the absent Committee/Taskforce Member by the aforementioned deadline, the Committee/Taskforce Member’s seat shall automatically become vacant and the process for filling a vacancy will begin. Formal notice that the Member’s seat is vacant will be sent to the Member using the contact information on file at the City. 11.03 In the case of a Stakeholder Member, the Staff Liaison will contact the Stakeholder Organization following the third absence from a regular meeting. The Stakeholder Organization will have the option to confirm its Member and ensure that they will be in attendance at meetings going forward, or confirm an alternate Stakeholder Member will be attending future meetings in their place. Should a Stakeholder Organization no longer be able to provide a Stakeholder Member, the Committee/Taskforce may revise their Terms of Reference to include a new Stakeholder Organization which shall be provided to Council for approval. 12 Orientation Sessions 12.01 Orientation sessions shall be conducted at the beginning of each Term by the Staff Liaison in coordination with the Legislative Services Division. The orientation will identify goals, objectives and work plans for the Committee/Taskforce and will also provide an overview of Policies and Meeting Procedures. Further sessions may be conducted for Members appointed during the Council Term, as required. Orientation materials will be distributed to all Members of the Committee/Taskforce for reference purposes. Each Committee/Taskforce package shall include the following information at a minimum: a)Committee/Taskforce Terms of Reference; b)Mandatory statutes (e.g. Accessibility for Ontarians with Disabilities Act); c)City of Pickering Procedure By-Law; d)City Organizational Structure; e)Relevant City Policies and Procedures affecting Committee/Taskforce Members including the City’s Code of Conduct; and, f)Staff Liaison support and contact information. 12.02 As per the Accessibility for Ontarians with Disabilities Act, 2005, all City and Library employees, volunteers and/or agents as well as any other individual who Deleted: Board/Advisory Deleted: consecutive Deleted: , or absent from over 50 percent of the meetings Deleted: m Deleted: or resign Deleted: an Deleted: and 5 months of continuous absenteeism has been noted, Deleted: s Deleted: t Deleted: . Deleted: es Deleted: t Deleted: Board/Advisory Deleted: Board/Advisory Deleted: al Deleted: Board/Advisory ' L I --~· 7 . ~' ' ---. --===~ - ' . '~ . - 217 - Policy Title: Committees and Taskforces of Council Page 13 of 23 Policy Number: ADM 040 might be reasonably expected to interact with the public on behalf of the City/Library will receive Accessible Customer Service Training. The Staff Liaison assigned to the Committee/Taskforce will arrange training for new Committee/Taskforce Members who have not had Accessible Customer Service Training and such training shall be provided by the City’s Accessibility Coordinator. 13 Meeting Structure, Agenda and Minute Formats 13.01 Regular meetings will be held monthly, but variations may be determined by the Committee/Taskforce and Staff Liaison. A meeting schedule, setting out the time and place for meetings will be established by the Committee/Taskforce in their Terms or Reference. For in-person or hybrid meetings, meeting venues will be accessible, and sufficient to accommodate Committee/Taskforce Members, staff, and members of the public. Committees/Taskforces have the ability to meet electronically in accordance with the provisions of the Procedure By-law. 13.02 W hile ensuring consistency and accountability, meeting structures and agenda/minute formats may be adjusted to meet the needs of individual Committees/Taskforces. The following components may be included in agendas, where specific subject items are described in each component, a)date, time, location of meeting; b)disclosure of interest; c)approval of previous minutes; d)presentations/delegations; e)general business and reports; f)correspondence; g)other business; h)next meeting; and i)adjournment. 13.03 In addition to the items listed on the agenda, the minutes shall also include the names of the Members in attendance and those that were absent from the Meeting. 13.04 Committees/Taskforces shall follow the City’s Procedure By-law; however, a Committee/Taskforce may choose to adopt its own simplified Procedures, subject to the approval of the City Clerk. The City Clerk, or their designate, may provide guidance on the interpretation and application of Meeting Procedures. Deleted: Deleted: Board/Advisory Deleted: . Deleted: assigned to the Committee. Deleted: staff Deleted: M Deleted: M Deleted: , Deleted: and Deleted: should Deleted: Boards/Advisory Deleted: <#>members present (list names and titles, ie. J. Doe, Chair);¶ <#>members absent/regrets Deleted: while ensuring consistency, completeness and accountability. Boards and Deleted: Board/ --------L . -~ ' - 218 - Policy Title: Committees and Taskforces of Council Page 14 of 23 Policy Number: ADM 040 Good faith misinterpretation of the Procedures shall not affect the validity of any meeting. 13.05 Staff and Committee/Taskforce Members should structure meeting agendas to make every effort to adhere to a two hour time limit for all Committee/Taskforce meetings. 13.06 Minutes of meetings must be recorded and are scribed without note or comment. Minutes should briefly outline the substance of each of the agenda items discussed during the meeting, including actions taken and recommendations by motion. Motions shall not be required to be seconded, except in the case of the Pickering Public Library Board. Minutes should have a collective, not personal focus. What individuals said is less significant than the precise wording or proposals and the decisions made by the majority of the Committee/Taskforce or by general agreement. No Member has the inherent right to have his or her comments on record. Minutes are primarily a record of what was done at a meeting, and not a record of what was said. Minutes are not taken verbatim and they do not serve as a transcript of the meeting. 13.07 The Recording Secretary shall forward the draft Minutes, as soon as possible following the meeting to the Staff Liaison for their review. Once the Staff Liaison has reviewed the meeting Minutes, the Minutes shall be posted on the City’s website and placed on the next Committee/Taskforce agenda for adoption. 14 Access to Meetings 14.01 Except as provided in this section, all meetings shall be open to the public and the media and Committee/Taskforce minutes shall be posted on the City’s website. The Staff Liaison or the Chair who is facilitating the meeting may expel any person for improper conduct at a meeting. 14.02 Committee/Taskforce meetings should not be closed to the public. If a Board/Advisory Committee feels that discussion of an item on the agenda needs to be closed to the public, the City Clerk must be consulted and approve of the Committee/Taskforce meeting in closed session to ensure that the reasons for closing the meeting are in accordance with Section 239 of the Municipal Act (the “Act”). The agenda for the meeting in which a closed item will be discussed shall include the provisions of the Act that allow for such item to be considered in closed session. A meeting can only be closed to the public if the subject matter being considered falls under one of the open meeting exceptions under Section 239 of the Act. 14.03 Before holding a meeting or part of a meeting that is to be closed to the public, the Committee/Taskforce shall state by resolution: a)the fact of the holding of the closed meeting; Deleted: p Deleted: follow a more informal procedure and allow for a consensus approach to discussion. Deleted: Advisory Deleted: a Deleted: by members Deleted: Minutes Deleted: be Deleted: ed Deleted: City Clerk Deleted: in order to present them to Council as information on a timely basis. Staff will be required to prepare a report for any recommendation of a Board/Advisory Committee requiring action by Council Deleted: Board/Advisory Deleted: shall be available upon request and Deleted: Board/Advisory Deleted: advised in advance, and Deleted: t Deleted: Municipal Deleted: is: Deleted: the security of the property of the municipality or local board;¶ personnel matters about an identifiable individual, including municipal employees or local board members;¶ a proposed or pending acquisition or disposition of land by the municipality or local board;¶ labour relations or employee negotiations;¶ litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;¶ advice that is subject to solicitor-client privilege; including communications necessary for that purpose;¶ a matter in respect of which a council, board committee or other body may hold a closed meeting under another Act; ¶ information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;¶ a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;¶ a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value;¶ 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 or local board; or¶ for the purpose of educating or training the members, subject to the condition that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the local board or committe Deleted: Board/Advisory ---------" -~ / ~ - - - -I fl I - - - -. I . \ - 219 - Policy Title: Committees and Taskforces of Council Page 15 of 23 Policy Number: ADM 040 b)the general nature of the matter to be considered at the closed meeting; and c)in the case of a meeting for educational or training purposes, that it is closed for that purpose and no decisions will be made. 14.04 Where necessary, the City Clerk or the Deputy Clerk shall attend the closed session to record the confidential minutes. 14.05 Confidential minutes of closed sessions shall be kept in the custody and control of the City Clerk. 14.06 All deliberations while in closed session shall remain confidential unless otherwise approved by Committee/Taskforce in open session. 14.07 Where possible, any motion made regarding an item within a closed session shall be reported publicly when the Committee/Taskforce resumes in open session. 14.08 A statement must be placed in the public meeting minutes stating the general nature of the closed meeting and where the confidential minutes will be retained. 15 Pecuniary Interest 15.01 Committee/Taskforce Members are deemed not to have a pecuniary interest in that they have no decision-making ability. Members should be cognizant of any perceived conflict in terms of discussion or decision-making on matters that may serve to benefit the Member personally. Members shall not use their status on Committees/Taskforces for personal or political gain. 15.02 If a Committee/Taskforce Member feels they have a perceived conflict of interest in any matter and is, or will be, present at a meeting at any time at which the matter is the subject of consideration, the Member shall: a)before any consideration of the matter, at the meeting verbally disclose the interest and its general nature; b)not, at any time, take part in the discussion of, or vote on, any question in respect of the matter; and c)complete a Declaration of Interest, Municipal Conflict of Interest Act Form, in accordance with the City’s Procedure By-law and the Disclosure shall be provided to the Staff Liaison or recording secretary and forwarded to the City Clerk. 15.03 An elector, or any person demonstrably acting in the public interest may apply in writing to the Integrity Commissioner for an inquiry to be carried out concerning Deleted: as well Deleted: A Deleted: made in open session Deleted: providing the Deleted: . Deleted: conflict of Deleted: However, m Deleted: issues, which Deleted: to Deleted: Disclosure Deleted: under the "--------->-------------------=\ ...._ ___________________ ----->'=--------------------~ -----------------------~---------~--------------------~ - 220 - Policy Title: Committees and Taskforces of Council Page 16 of 23 Policy Number: ADM 040 an alleged contravention of the Municipal Conflict of Interest Act in accordance with ADM 070-001 - Procedure for Complaints under the Council Code of Conduct and Inquiries under the Municipal Conflict of Interest Act. 16 Duties of Members of Council, Committee/Taskforce Members, and City Staff 16.01 Duties of Members of Council: a)Members of Council may attend any or all Committee/Taskforce meetings; b)at Committee/Taskforce meetings, Members of Council can respond to Committee/Taskforce Members’ questions, interpret Council’s direction, and ensure that Committee/Taskforce Members are aware of Council issues that may affect the mandate of the Committee/Taskforce; and, c)Members of Council appointed as Members to a Committee/Taskforce are not included as part of the Quorum, and have no voting rights, unless otherwise stated in the Terms of Reference. 16.02 Duties of Committee/Taskforce Members: a)understand the mandate of the Committee/Taskforce, including its relationship to Council; b)understand their role and responsibilities, including relevant City or Library Policies and Procedures; c)strive to attend all scheduled and special Committee/Taskforce Meetings; d)notify the Staff Liaison on any absences from Committee/Taskforce meetings as soon as possible; e)prepare for meetings by reading agendas and any background information supplied; f)actively participate in the discussion and decision-making process; g)undertake any work assigned, including special projects and research, in between meetings; h)be open minded and allow for a variety of opinions to be heard; i)respect the individual worth and dignity of other Committee/Taskforce Members, and maintain a high degree of professionalism; j)treat members of the public, other Committee/Taskforce Members, and staff, with respect and dignity and without abuse, bullying, or intimidation; Deleted: General Rules Governing Board and Advisory Committees Deleted: Advisory Deleted: Advisory Deleted: m Deleted: give input or support to the Committee; Deleted: who are not Deleted: . Deleted: p Deleted: advisory c Deleted: m Deleted: Advisory Deleted: member - 221 - Policy Title: Committees and Taskforces of Council Page 17 of 23 Policy Number: ADM 040 k) adhere to the City’s Code of Conduct Policy – ADM 070 and all other relevant Policies and Procedures of the City of Pickering.; l) respect that actions taken and recommendations shall reflect the majority view of the Committee/Taskforce; and, m) respect the finality of Council decisions. 16.03 Duties of the Recording Secretary: a) transcribe minutes at meetings; b) coordinate agendas, minutes, correspondence, and delegations as needed; and, c) coordinate all hybrid or electronic Committee/Taskforce meetings. 16.04 Duties of the Staff Liaison: a) the Staff Liaison assumes two principle functions: a secretarial role and a policy advisor role. These roles may be undertaken by one or more staff; b) the Staff Liaison for each Committee/Taskforce will assume all duties under Section 16.05 of this Policy unless a Chair or Vice Chair is required by statute or the Committee’s/Taskforce’s Terms of Reference; c) monitor the attendance of all Committee/Taskforce Members in accordance with Section 20 of this Policy; d) respect the individual worth and dignity of Committee/Taskforce Members, and maintain a high degree of professionalism; e) communicate the various deadlines noted in this Policy and other City Policies/Procedures to the Committee/Taskforce or Chair/Vice Chair; f) seek clarification and answers for Committee/Taskforce Members through Council or City staff; g) the Staff Liaison has no voting rights or authority to make decisions, and is independent of the Committee/Taskforce, and is present to assist the Committee/Taskforce with administrative processes; and, h) Legislative Services will coordinate agendas, minutes and correspondence as needed for those Committees/Taskforces in which they provide secretariat support. Staff Liaisons will be responsible for this function for any Committees/Taskforces not supported by Legislative Services. 16.05 Duties of the Chair/Staff Liaison (if no Chair is appointed); Deleted: advisory c Deleted: City staff: Deleted: City staff Deleted: ce Deleted: facilitate meetings Deleted: Advisory Deleted: Advisory Deleted: present to assist the Committee in administrative processes and is Deleted: Advisory Deleted: in Deleted: in Deleted: . ; Deleted: can only assist with the conduct of a meeting in a fair and efficient manner so that the will of the majority prevails after all members have had a fair chance to present their points of view;¶ the Staff Liaison has no voting rights, is present to assist the Committee in administrative processes and is independent of the Advisory Committee; and¶ City staff will take minutes at meetings; and¶ Deleted: Boards/ - 222 - Policy Title: Committees and Taskforces of Council Page 18 of 23 Policy Number: ADM 040 a)preside at all meetings of the Committee/Taskforce and rule on all procedural matters; b)solicit for agenda items from Committee/Taskforce Members prior to the publication of the meeting agenda and provide the agenda items to the Recording Secretary; c)facilitate the meeting by identifying the order of proceedings and speakers; d)ensure that all meetings are conducted in a fair and efficient manner so that the will of the majority prevails after all Members have had a fair chance to present their points of view; e)ensure active participation by all Committee/Taskforce Members; f)maintain decorum and ensure fairness and accountability; g)be open-minded and encourage a variety of opinions to be heard; h)ensure that the Committee/Taskforce meets the deadlines included in this Policy and other City Policies/Procedures; i)lead the preparation of annual reports/presentations to Council; and, j)review the goals and objectives of the Committee/Taskforce and ensure that its work plan is realistic and up to date. 16.06 Duties of the Vice Chair: a)assume the duties of the Chair if the Chair is not able to fulfill their position. 17 Quorum 17.01 A majority of the Members of any Committee/Taskforce shall be required to officially constitute a meeting. A majority is greater than 50% of the number of current sitting Members. Vacancies on a Committee shall not be included in the calculation of Quorum. 17.02 City staff, Members of Council, special guests, and volunteers have no voting privileges and will not be included in the Quorum. In some instances, where it is defined in a Committee’s Terms of Reference, Members of Council may have voting privileges. 17.03 If no Quorum is present 30 minutes after the time scheduled for a meeting, the Recording Secretary shall record the names of the Members present, and the meeting shall stand adjourned until the next meeting date. Deleted: shall be considered Deleted: one half of the Deleted: plus one additional member Deleted: ; Deleted: who have not been appointed to the Committee Deleted: and organization representatives Deleted: i Deleted: call the roll and Deleted: ; Deleted: ¶ ------------- --------. . ~ . -----. -----~ ---- - 223 - Policy Title: Committees and Taskforces of Council Page 19 of 23 Policy Number: ADM 040 17.04 If the Staff Liaison is absent from the meeting and another City staff Member is not present and Quorum has been met, then a Committee Member can be appointed to facilitate the meeting; 18 Committee/Taskforce Events, Media Relations, and Communications 18.01 Committees/Taskforces must seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g. budget, approximate number of staff required, month the event would be held in, and purpose of event). Events approved in the work plan are subject to the CUL 070 Community Festival & Events Policy. Community Services Staff may provide guidance or assistance to the Committee/Taskforce through the planning and implementation process outlined in the Community Festival & Events Manual. 18.02 Committee/Taskforce events must relate to specific activities approved in the Committee/Taskforce’s Terms of Reference and mandate. Permit fees for events will be charged as per Council Approved User Fees and must be budgeted within the respective City Department budget where the Staff Liaison for that Committee/Taskforce resides. 18.03 It is expected that all Taskforce Members attend and assist in organizing events that are requested and approved by Council. 18.04 Committee Members shall not meet with the media unless such meeting is approved by the City’s Chief Administrative Officer or the Division Head, Public Affairs & Corporate Communications. Upon receipt of a media engagement opportunity, the Committee Member must notify the Staff Liaison, who shall then inform, and consult where appropriate, the Chief Administrative Officer and Division Head, Public Affairs & Corporate Communications. Upon approval from the Chief Administrative Officer or the Division Head, Public Affairs & Corporate Communications, the Committee Member may respond to the media inquiry. Committee media relations must be supported by the City’s Corporate Communications Division. These provisions pertaining to media do not apply to Taskforces as outlined in Section 04.04 of this Policy. 18.05 The actions and recommendations of Committees/Taskforces are subject to the policies and administrative practices of the City, including but not limited to provisions pertaining to the use of the corporate logo(s), letterhead, website, information pamphlets, and media advertisements. 19 Subcommittees 19.01 Subcommittees may be established by a Committee/Taskforce, as required, to carry out specific projects included in the annual work plan. Such Subcommittees shall be disbanded upon completion of their specific project(s) or task. A Subcommittee must include at a minimum, one voting Member of the Committee/Taskforce, and additional membership may be drawn by the Deleted: i Deleted: Member Deleted: but, Deleted: and¶ should a vacancy occur on a Board or Committee, quorum shall be based on the number of current sitting members and not the full membership until such time the vacancy is filled.¶ Deleted: Advisory Deleted: Advisory Committees Deleted: name of event, date Deleted: ; Deleted: Advisory Deleted: <#>The event must be listed in the annual work plan for that year; and¶ <#>where an event has been requested and approved by Council, Deleted: <#>Committee Deleted: <#>must Deleted: <#>contribute to Deleted: <#>ing at the event Deleted: m Deleted: Section Deleted: ; and Deleted: t Deleted: Advisory Deleted: and the like. Deleted: /Working Groups Deleted: Subcommittee Deleted: /working groups Deleted: Subcommittee Deleted: least two Deleted: Members Deleted: Advisory Deleted: member -------------- ~ - ~ I - 224 - Policy Title: Committees and Taskforces of Council Page 20 of 23 Policy Number: ADM 040 Committee/Taskforce from relevant stakeholders or the general public with the appropriate interest and expertise. Subcommittees shall not be authorized to create further Subcommittees or receive honorariums. 20 Honorariums 20.01 This section applies only to citizen appointments on Committees/Taskforces. It does not apply to Council Members or Stakeholder Members appointed to a Committee/Taskforce, and does not apply to Subcommittees. 20.02 Honorariums are provided per meeting attended regardless of the length of the meeting. 20.03 To be eligible for honorariums: a)the Member must be a voting Member of the Committee/Taskforce; b)the Member must be present for at least half of the duration of the meeting; c)the meeting must be a regular or special meeting; and, d)the Member’s attendance must be recorded in the approved minutes for that meeting. 20.04 Where a regular or special meeting is adjourned due to a lack of quorum, the Members who were present shall be paid the regular rate of honorarium included in the Committee/Taskforce’s Terms of Reference. 20.05 Honorarium rates will be included in the individual Terms of Reference for each Committee/Taskforce. 20.06 Honorariums paid by the City to a Committee/Taskforce Member shall not be donated back to the City. 20.07 All citizen Committee/Taskforce Members who receive an honorarium shall be issued a T4A statement by the City. 20.08 Honorariums shall be paid twice a year, in June and in December, up to a maximum amount per person per year as specified in the Committee/Taskforce Terms of Reference. 20.09 All payment information must be submitted to the City’s Finance department proactively by the Staff Liaison assigned to the Committee/Taskforce in accordance with the timelines outlined in Section 20.08. 21 Provision for Accessibility and Diversity - 225 - Policy Title: Committees and Taskforces of Council Page 21 of 23 Policy Number: ADM 040 21.01 Adequate provisions shall be made by relevant staff to ensure that meeting locations, agenda and minute formats, communications and conduct of meetings are accessible, to ensure maximum participation and quality customer service. 22 Municipal Freedom of Information and Protection of Privacy 22.01 The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) applies to all Committees/Taskforces, and members of the public may request access to City records under MFIPPA by filing a Freedom of Information request with the Clerk’s Office. The City must follow the process outlined in the Act to release the information which may include disclosure of reports correspondence, or emails sent by Members to staff regarding Committee/Taskforce matters. 22.02 Requests for information shall be referred to the Clerk’s Office to be addressed either as an informal request to access municipal records, or as a formal request under MFIPPA. 22.03 Members may receive personal or other confidential information as part of their role on the Committee/Taskforce and it is expected that this information be protected, including keeping the information physically and electronically secure from unauthorized use. 23 Exceptions to this Policy 23.01 Where a conflict exists between the provisions of this Policy and any legislative or legal requirement, the legislative or legal requirement will prevail. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendices Appendix 1 Terms of Reference – Sample Format Appendix 2 Work Plan – Sample Format Deleted: be Deleted: Reference may be made to the provisions of the Accessibility for Ontarians with Disabilities Act, and similar legislation, policies and guidelines. City Policies and Procedures Deleted: <#>Board and Advisory Committee members shall adhere to the policies and procedures of the City of Pickering.¶ "'-~---------------------------------;,------------------ ---- - 226 - Policy Title: Committees and Taskforces of Council Page 22 of 23 Policy Number: ADM 040 Appendix 1 Terms of Reference Name of Committee Terms of Reference shall be approved by Council and amendments can only be made with Council approval. Terms of Reference for a Committee/Taskforce need only address information not already provided for in the Committees and Taskforce Policy. 1.0 Mandate – A description of the general purpose and activities of the Committee/Taskforce, including areas of responsibility, taking into account any statutory requirements. Committee/Taskforce mandates shall not be altered by the Committee/Taskforce without Council approval. 2.0 Goals, Objectives and Responsibilities – A listing of the goals, objectives and responsibilities of the Committee/Taskforce, to be addressed in annual work plans with reference to specific strategies and actions. 3.0 Composition – Specify the maximum and minimum number of Members of the Advisory Committee and describe the nature of membership (Council Members, citizens and/or Stakeholder Organization, numbers in each category), membership terms, and voting rights. 4.0 Member Qualifications – Outline recommended qualifications of potential Members given the mandate of the Committee/Taskforce. 5.0 Meeting Schedule – Indicate how often the Committee/Taskforce shall meet, e.g. monthly, every other month, criteria for calling a special meeting, summer recess. 6.0 Budget – requests must relate to the Committee/Taskforce’s mandate, be included in the annual work plan submission and be supported by project descriptions. 7.0 Honorariums – Specify the rate of pay for Members per Meeting. If the Committee/Taskforce Terms of Reference includes a Chair, specify the rate for the Chair. Deleted: n Deleted: Advisory Deleted: this Deleted: Advisory Deleted: Advisory Deleted: Advisory Deleted: Advisory Deleted: o Deleted: Advisory Deleted: Advisory Deleted: Advisory .. ----------. --------. ---. ---~ - 227 - Policy Title: Committees and Taskforces of Council Page 23 of 23 Policy Number: ADM 040 Memo To: [click and insert name of City Clerk] [click and insert date] City Clerk From: [click and insert name of Staff Liaison] [click and insert title of Staff Liaison] Copy: Chief Administrative Officer Directors [click and insert "Division Head, Department" if applicable] Subject: [click and insert name of Board/Committee/Taskforce] -20XX Year End Report and 20XX Work Plan File: [click and add file number] The [click and insert name and acronym of Board/Committee/Taskforce] is pleased to present its 20XX Year End Report and 20XX Work Plan. 20XX Year End Report Provide an overview of the body’s accomplishments over the past year, and highlight successes and challenges in relation to their work plan. Formatting is flexible and can include paragraphs, headings, lists, bullets, tables etc. 20XX Work Plan Provide an overview of the work that the body expects to accomplish in the year ahead. Formatting is flexible and can include paragraphs, headings, lists, bullets, tables etc. [click and insert author/typist initials] Attachment "Click and type attachment" "Click and type additional attachments" Appendix 2 -04;~/- PlCKERlNG ■ ■ I I ■ ■ - 228 - Terms of Reference Committees and Taskforces Accessibility Advisory Committee Animal Services Appeal Committee Committee of Adjustment Cultural Advisory Committee Heritage Pickering Advisory Committee Pickering Anti-Black Racism Taskforce Pickering Public Library Board Property Review Committee Vehicle For Hire Committee Attachment #3 to Report CLK 03-23 - 229 - Terms of Reference Accessibility Advisory Committee 1.0 Mandate As directed by the Accessibility for Ontarians with Disabilities Act, 2005, the Council of every municipality in Ontario having a population of not less than 10,000 shall establish an accessibility advisory committee. The mandate of the Accessibility Advisory Committee is to fulfill the duties as outlined in the Act and to provide advice to Council on programs, policies and services provided to persons with disabilities. 2.0 Goals, Objectives and Responsibilities The Accessibility Advisory Committee will accomplish its mandate by: -Providing advice to staff and Council on the development, implementation and effectiveness of the City of Pickering’s Accessibility Plan. -Acting as a commenting body to the Corporation to address accessibility to a building, structure or premises, or part of a building, structure or premises, that the City purchases, constructs, renovates, leases or which is provided to the Municipality as a capital facility. -Preparing an annual report to Council outlining the Committee’s achievements during the year. -Consulting with City Development staff on applicable site plans and drawings described in Section 41 of the Planning Act. The Accessibility Advisory Committee will not be responsible for the following: -Accessibility issues relating to regulation of private facilities or corporations except where requested to comment by such agencies. -Administration issues relating to the implementation of the Accessibility Plan. 3.0 Composition The Committee shall have a membership of not more than 10 Citizen appointment’s, with the majority being persons with a disability, consideration will be given to a caregiver of a person with a disability. Committee representation will include: •A maximum of 10 Citizen appointment’s, with the majority being persons with a disability; •One (1) Regional Councillor – no voting rights •One (1) City Councillor – no voting rights •1 City of Pickering staff member on a rotating basis that is involved in the City’s Accessibility Plan/Programs/Services – no voting rights Staff representatives will be selected by the Director, staff will rotate as required during the term in order to utilize the experience/knowledge of the staff person in the area that the Committee is discussing at the time. Attachment #4 to Report CLK 03-23 - 230 - Accessibility Advisory Committee Terms of Reference •Service Agency Representative with a mandate/responsibility for people with disabilities – no voting rights •1 representative from the Ajax-Pickering Board of Trade to support accessibility issues of private businesses – no voting rights Invitations will be sent to Service Agencies with a mandate/responsibility for people with disabilities and to the Ajax-Pickering Board of Trade requesting interest in attending Accessibility Advisory Committee Meetings in order to utilize the experience/knowledge of the organizations. 4.0 Member Qualifications -Qualifications include the skills, knowledge, and experience committee members need to contribute effectively to the accomplishment of the committee’s objectives. Awareness and knowledge of potential barriers to public access of facilities, programs and services would be an asset. -The majority of the Committee must be individuals with a disability, consideration will be given to a caregiver of an individual with a disability. 5.0 Meeting Schedule Meetings shall be held monthly on a set week and day to be determined by the Committee at its first meeting of the term. The meetings shall commence at 7:00 pm. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. During a Municipal election year, meetings shall not be held after September 30th unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. 6.0 Budget The Director, Community Services shall be responsible for the Accessibility Advisory Committee budget, which shall be submitted annually in accordance with established City budget guidelines. The Staff Facilitator confirms the proposed budget with the Accessibility Advisory Committee based on their following year’s work plan. The Director, Community Services reviews the proposed budget and submits within the Department budget. - 231 - Terms of Reference Animal Services Appeal Committee 1.0 Mandate To act as a quasi-judicial committee, hearing appeals relating to Orders to Restrain issued under the provisions of the Responsible Pet Ownership By-law, as amended. The Committee has the ability to amend the order, permit a follow up review of the Order, or quash the Order. 2.0 Goals, Objectives and Responsibilities The Animal Services Appeal Committee fulfills the requirements of the Responsible Pet Ownership By-law to provide a review process and hear appeals. 3.0 Composition The Animal Services Appeal Committee is comprised of: •Two (2) Citizen Member; and, •One (1) Member of Council – with voting rights. Appointments shall be for the 4 year term corresponding with the term of City Council. Committee members shall be paid an honorarium of $50.00 per hearing attended. 4.0 Member Qualifications Committee members who have experience as dog owners, dog trainers, or animal behaviour would be an asset. 5.0 Meeting Schedule Meetings are scheduled as required to hear appeals. 6.0 Budget Committee members shall be paid an honorarium of $50.00 per hearing attended. Remuneration for committee members will be paid from the Animal Services Salary Account. - 232 - Terms of Reference – Cultural Advisory Committee March 27, 2023 Terms of Reference – Cultural Advisory Committee 1.0 Mandate The Cultural Advisory Committee (CAC) will identify and coordinate opportunities for stakeholder and community engagement and provide community input on matters relating to the provision of cultural services, including the Pickering Museum Village. The CAC will assist City staff with the development, consultation, and implementation of the Cultural Strategic Plan. 2.0 Goals, Objectives and Responsibilities The City of Pickering Cultural Strategic Plan, approved by Council on June 16, 2014 as per resolution #247/14, sets a vision for the place of arts, culture and heritage in the City and identifies strategic directions for policy, investment, partnerships and programs for the next 10 years. The CAC will work towards building on the success of the 2014 plan, with a focus on assisting City staff/consultants on an updated Cultural Strategic Plan that aligns with current cultural and museum trends. Pickering’s Cultural Strategic Plan sets out six strategic directions: 1.Broaden and deepen City leadership and investment; 2.Build a strong and collaborative cultural sector; 3.Strengthen culture-led economic development; 4.Conserve and promote history and heritage; 5.Celebrate and support diversity and inclusion; and 6.Culture opportunities for the creation, education and enjoyment of the arts. Committee responsibilities include: a)Assist and advise staff on the implementation of the Cultural Strategic Plan; b)Assist and advise staff on the development and review of policy relating to cultural development; c)Assist and advise staff on matters concerning the strategic planning, development and evaluation for cultural development in the municipality; d)Advocate for culture and promote community-wide cultural initiatives; e)Provide consultation, research and report findings and make recommendations as necessary on matters of culture within the City of Pickering; f)Encourage and promote effective communication between community cultural groups, individuals and the City; g)Advise and develop working relationships with owners of businesses, Business Improvement Areas (BIA) and Chamber of Commerce; h)Review and recommend actions based on the Pickering Museum Village’s operating plan; i)Review and recommend actions based on the Public Art Policy; - 233 - Terms of Reference – Cultural Advisory Committee March 27, 2023 Page | 2 j)Advocate and promote the value and benefit of cultural activities for all; and k)Report annually to Council. The CAC will not be responsible for the following: 1.Program delivery; 2.Budget approval; 3.Day-to-day operations of City-owned facilities; and 4.Administrative matters including direction given to staff. 3.0 Composition The Committee shall have a membership of not more than 10 Citizen Appointments selected from the public. Members from the public must reside in Pickering and represent a broad range of interests and experience in the cultural sector. Examples of committee member experience may include: creator of an artistic work, designer, professional artist or cultural business owner, graphic designer, architect, landscape designer, performing arts professionals, musicians, festival or event planners, professionals and contributors to the heritage field, professionals from historical and heritage fields of study. One Member of Council – no voting rights City Staff from the Community Services Department will also make up the Committee. The term of this committee is two years. 4.0 Committee Chair The Committee may choose to appoint a Chair in accordance with Boards and Committee Policy ADM 040. Only citizen members may be nominated for the position of Chair. A Chair will be nominated by a member of the Committee, and receive a majority vote to hold the position. A Chair will hold a term of no more than 12 months. Should the Chair not be able to attend a meeting, they will assign chair duties to an alternate member of the Committee, or request the Staff Liaison to lead the meeting. Duties of the Chair include soliciting agenda items from Committee members, facilitating the meeting by identifying the order of proceedings and speakers, interpreting and determining questions of procedure, ensuring active participation by all Committee members, maintaining decorum, and following up on action items with Committee members and Staff Liaisons. - 234 - Terms of Reference – Cultural Advisory Committee March 27, 2023 Page | 3 5.0 Member Qualifications Qualifications include the skills, knowledge, and experience needed to contribute effectively to the Committee’s objectives. Membership will be sought on the basis of broad interest, understanding and commitment to cultural development in the municipality, in addition to specific expertise and interest related to Culture. 6.0 Meeting Schedule The Cultural Advisory Committee meets on the third Tuesday of the month. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. - 235 - Terms of Reference Committee of Adjustment 1.0 Mandate The Committee of Adjustment is an independent and autonomous quasi -judicial body made up of five citizen members appointed by City Council. The Committee performs its duties at “arm’s length” from City Council and operates under the authority of the Ontario Planning Act. The purpose of the Committee is to provide a forum for the expeditious consideration of minor variances to the City’s zoning by-laws. The Committee is authorized by the Planning Act to consider applications for: Minor variances from the provisions of the zoning by-law; Extensions, enlargements or variations of existing legal non-conforming uses under the zoning by-law; and Determine whether a particular use conforms with the provisions of the zoning by-law where the uses of land, buildings or structures permitted in the by-law are defined in general terms The Committee of Adjustment is also subject to the following statutes: Municipal Act – This Act requires Committee of Adjustment decisions to be made openly, in public, and at the hearing, and also requires the Committee to have a procedural by-law; Municipal Conflict of Interest Act – This Act sets a standard of good conduct for committee members, and defines situations when an individual committee member’s personal interest or the interest of their immediate family conflict with the broader municipal interest; and Statutory Powers Procedures Act – This Act sets out minimum standards for conducting a hearing. 2.0 Goals, Objectives and Responsibilities The zoning by-law regulates how land and buildings are used and where buildings and structures can be located. Zoning by-laws also specify lot sizes and dimensions, parking requirements, building heights and other regulations necessary to ensure proper and orderly development. Sometimes it is not possible or desirable to meet all of the requirements of the zoning by-law. In that case, a property owner may apply for approval of a minor variance. A minor variance provides relief from a specific zoning by-law requirement. - 236 - The majority of applications typically dealt with by the Committee are requests for minor variances to the zoning by-law in which an applicant seeks relief from a specific requirement of the zoning by-law, such as a reduction in minimum yard width or an increase in maximum permitted building height. For the Committee to approve this type of application, Section 45(1) of the Planning Act requires that the members must be satisfied that the application: Is considered to be a “minor” change from the zoning requirements; Is desirable for the appropriate development or use of the land, building or structure; Maintains the general intent and purpose of the official plan; and Maintains the general intent and purpose of the zoning by-law. The Committee of Adjustment will accomplish its mandate by: 1.Reviewing the merits of the application, the documentation and evidence put forward, conducting site inspections and rendering decisions on the application, in accordance with the requirements of the Planning Act. 2.Complying with the applicable rules, regulations and policies for the Committee of Adjustment. 3.0 Composition The Committee of Adjustment is composed of the following: 5 Citizen Appointments City Support Staff – Secretary-Treasurer City Support Staff – Assistant Secretary-Treasurer 4.0 Member Qualifications It is desired that the Committee develop community-focused outcomes while rendering decisions in accordance with the provisions of the Planning Act. Individuals should have a demonstrated commitment and interest in the community, and the committee membership should reflect a balanced representation from the areas of planning, construction and lay people. 5.0 HearingMeeting Schedule The Committee of Adjustment hearings are heldmeets the second Wednesday of each month to consider minor variance applications. Hearings can be conducted in person, electronically or hybrid. On average, there are between four to eight - 237 - applications scheduled for each hearingmeeting. The Committee Members will be provided with an agenda the Friday before the hearingmeeting, which contains a summary of the applications and all comments received through circulation of the application, including the City Development Department’s recommendations. The Committee is also to attend a pre-meeting for Members to discuss their position on any of the applications on the agenda. Comments received after preparation of the agenda are shared with the Committee through the City’s ShareFile platform. The agenda also includes a report from the City Development Department on each minor variance application. The Committee hearingsmeetings are scheduled to start at 7:00 pm. The Secretary-Treasurer of the Committee of Adjustment or designate will attend the hearingsmeetings to assist the Committee with interpretations or other technical details and the Assistant Secretary-Treasurer will be in attendance to take minutes. Committee of Adjustment hearingsmeetings are also open to the public, and all applicants and any interested parties may attend the hearingsmeetings to present comments or concerns. Committee hearingsmeetings are intended to be as informal and applicant- friendly as possible, however Rules of Procedure for the hearingsmeetings are to be followed. As per Section 44(7) of the Planning Act a Committee Member will be appointed to act as Chairperson for the hearingsmeetings in order to provide a clear structure and process. The Committee of Adjustment must make a decision on each application as it is heard at the hearingmeeting, either for approval, refusal, deferral to another hearingmeeting or tabled indefinitely. All discussions among Committee members, and between Committee members and the applicant/public on applications are to take place at the hearing. The Committee may impose conditions that must be fulfilled as part of the approval of an application, or may approve an application with revisions, as long as those revisions result in a variance similar to what was originally applied for. In making a decision, the Committee must pass a resolution that clearly sets out the reasons for the decision. The City Development Department will always provide a report providing a policy analysis to assist the Committee in rendering a decision recommendation on the application for the Committee’s assistance. Minutes of the hearingsmeetings and the mailing of decisions of the Committee are coordinated by the Assistant Secretary-Treasurer. Each Committee of Adjustment decision is subject to a twenty-day appeal period during which the applicant, the Province or specified person or public bodyan individual, including City Council, may lodge an appeal of the decision to the Ontario Land TribunalLocal Planning Appeal Tribunal. The City Development - 238 - Department keeps City Council informed of all Committee of Adjustment decisions and appeals. 6.0 Budget Committee Members are paid in accordance with a City Council Resolution. Honorarium (Chair $150.00 per attended hearing, Member $140.00120.00 per attended hearing meeting) as per By-law 8004/237666/18) and mileage (6156 cents per kilometer) are paid on a bi-annual basis (January to June and July to December). - 239 - Terms of Reference Heritage Pickering Committee 1.0 Mandate Heritage Pickering Advisory Committee is hereby established in order to advise and assist Council on all matters relating to the conservation of property of cultural heritage value or interest and heritage conservation districts, and such other heritage matters as the council may specify by by-law. Enabling Legislation - The Heritage Pickering Advisory Committee is provided for under Part IV, Section 28, of the Ontario Heritage Act. The Committee is deemed to be a statutory committee. 2.0 Goals, Objectives and Responsibilities Undertake research into Pickering properties having cultural heritage value or interest and advise Council on matters related to their conservation; Advise Council on applications pertaining to a heritage property or a heritage district involving: a)designation or de-designation b)alterations, additions, new construction or demolition c)loans, grants or other forms of assistance to heritage property owners; or d)easement agreements. Provide guidance and assistance to owners of heritage properties in meeting their conservation obligations and obtaining heritage approvals; Advise and assist with the development and maintenance of an inventory of the City’s heritage resources; and Advise and assist with the development of cultural heritage conservation guidelines, and with cultural heritage policies, plans and programs. In addressing its responsibilities, the Committee shall comply with the Official Plan and have regard for the heritage policies adopted by Council, including: a)Regional and City Official Plans b) Whitevale Heritage Conservation District Guidelines c)Heritage Permit Application Procedures; and d)Individual heritage by-laws. 3.0 Composition The Committee shall be comprised of nine (9) citizen appointments. - 240 - Heritage Pickering Committee Terms of Reference 4.0 Member Qualifications Committee members shall contribute time, knowledge, skill and expertise to the fulfillment of the committee’s mandate; research issues relevant to their committee’s mandate as required; work with staff to implement Council’s decisions relevant to the Committee’s mandate and commit to attending regular meetings during the year. 5.0 Meeting Schedule The Heritage Pickering Advisory Committee shall meet on the fourth Wednesday of every month at the Civic Complex, One the Esplanade, Pickering, at 7:00 pm. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. During a Municipal election year, meetings shall not be held after September 30th unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. 6.0 Budget The Director, City Development shall be responsible for the Heritage Pickering Advisory Committee budget, which shall be submitted annually in accordance with established City budget guidelines. The Director, City Development will present a draft budget for review by the Heritage Pickering Advisory Committee on an annual basis, prior to submission to the Chief Administrative Officer for approval. - 241 - Pickering Anti-Black Racism Taskforce Terms of Reference 1.0 Mandate The Pickering Anti-Black Racism Taskforce (PABRT) is a committee of Council appointees who work in partnership with the Pickering community, Durham-based organizations, businesses, stakeholders, and the City to: identify barriers and areas of opportunity, in order to enhance the shared experience and opportunities afforded to Black residents, identify and coordinate opportunities for stakeholder and community engagement, provide expert input and action on matters relating to the provision of anti- Black racism initiatives within the community; and, celebrate and promote the Black community, and promote Black culture. 2.0 Goals, Objectives and Responsibilities The Pickering Anti-Black Racism Taskforce will identify and implement actions to fulfill the following goals and objectives: 1.Work towards the continued reduction of anti-Black racism; 2.Ongoing communication with the residents of Pickering to identify existing systemic barriers for Black residents and develop/provide opportunities to address these barriers, provide education, and effect change; 3.Act as a partner in collaboration with the City on initiatives related to anti-Black racism and Equity, Diversity and Inclusion as a stakeholder; 4.Provide advocacy and act as a liaison on behalf of the Black community to the City, as well as organizations and businesses serving the City of Pickering; 5.Strengthen and support Black-led economic development and Black employment initiatives; 6.Support and promote the creation and success of the Black community and cultural organizations; 7.Provide educational resources to build allies within and for the Black community; 8.Conserve and promote Black history and heritage; 9.Celebrate and support success within the Black community; 10. Provide opportunities for the creation, education, and enjoyment of Black culture; 11. Build partnerships and share resources with like-minded organizations to maximize effect, be aware of global best practice, to reduce potential for overlap of services and initiatives; 12. Be inclusive of community residents as per the charter of rights and freedoms; and, - 242 - Terms of Reference – Pickering Anti-Black Racism Taskforce 2021 - 2023 13. Engage stakeholders, businesses, and cultural organizations as partners in the delivery of initiatives. Taskforce responsibilities include: a)Regularly communicate with Pickering residents, businesses, stakeholders, and like-minded organizations (includes taskforces) to fully identify issues, barriers, and opportunities within the mandate of the taskforce. b)Develop an annual action plan for presentation to Council; which identifies primary goals, strategies, implementation schedule, measurement tools, and budgets in response to the goals and objectives of the Taskforce. c)Regularly review the action plan and track results. d)Provide quarterly updates to Council on Taskforce activities. e)Schedule meetings, set agendas, review minutes, and organize sub- committees as needed. f)Promote and support grass roots organizations and community-led anti-Black racism initiatives. g)Deliver programs, education, reconciliation circles, and develop as needed educational resources and toolkits in partnership with the community, related to anti-Black racism, alliance, heritage, and culture. h)Develop and implement recognition and incentives for initiatives that support the Black community and anti-Black racism. i)Advocate, provide guidance and support or partner with initiatives of D urham Region Police Service and Durham School Boards related to anti-Black racism, Black culture, and safety of Black community members. j)Encourage and promote effective communication between the Black community, community cultural groups, individuals, and the City. k)Advise and develop working relationships with owners of businesses, and the Chamber of Commerce. l)Work collaboratively with the City to align priorities and to aid Diversity and Inclusion initiatives of the City. m)Provide consultation, research, resources, report findings and make recommendations as necessary on matters of anti-Black racism, and the promotion of Black culture within the City of Pickering. n)Facilitate education and awareness of federal, provincial and local legislation related to anti-Black racism, accessibility, equity, and inclusion, human rights, and labour. o)Advocate and promote the value and benefit of anti-Black racism initiatives, and Black culture for all. Members do not have the authority to assign work to staff but will work cooperatively and assume related duties as directed by the Taskforce. More specifically, the PABRT will not be responsible for the following: 1.Development of City Diversity & Inclusion initiatives or strategy; 2.Budget approval; 3.City programming or events; 4.Day-to-day operations of the City or City facilities; and 5.Administrative matters including direction given to staff. - 243 - Terms of Reference – Pickering Anti-Black Racism Taskforce 2021 - 2023 3.0 Composition Up to 20 Taskforce members will be appointed, including:  8 resident representatives (maximum);  12 stakeholders representatives (maximum); All appointees will be voting members regardless of age. 3 City representatives will attend meetings to provide support, and facilitate meetings.  2 City staff liaisons; and,  the Mayor As per Policy ADM 040 resident members must be 18 years of age, reside in Pickering, and represent a broad range of interests, ages, backgrounds, and experience. Youth representation is essential and must be provided a right to vote on the Taskforce. It is strongly recommended that at least one youth sub- committee be mandated who set their own plan in line with the goals and objectives of the Taskforce. Community Organization representatives must be from organizations that serve the City of Pickering. Where possible, appointments to the Committee shall include community leaders, and stakeholder representatives from the African diaspora and the following organizations/associations/areas:  Active anti-Black racism Organizations  Black Business Owners/Chamber of Commerce  Black Cultural Organizations/Diversity Groups  Community Development Council of Durham  Community Safety Organization or Committee  Cultural Advisory Committee  Cultural Expressions - Durham Black History Month  Durham Human Resources Professional Association  Human Rights Organization  LGBTQ Organization  Mental or Public Health Organization  Pickering Public Library  Youth Organization - 244 - Terms of Reference – Pickering Anti-Black Racism Taskforce 2021 - 2023 City Staff from the following departments will act as liaisons to the committee: Community Services Department Human Resources Department Staff from other departments, including Legislative Services, Economic Development, and Corporate Services, will be called upon as required by the work of the Taskforce. 4.0 Member Qualifications Qualifications include the skills, knowledge, and lived-experience needed to contribute effectively to Taskforce goals and objectives. Membership will be sought on the basis of broad interest, understanding and commitment to the development of anti-Black racism initiatives in the municipality, in addition to specific expertise and interest related to Black business, culture, education, employment, health, heritage, and safety. Resident appointees must be residents of the City of Pickering. 5.0 Meeting Schedule The Pickering Anti-Black Racism Taskforce meets a minimum of 9 times per year. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Taskforce that a meeting is necessary to meet the mandate or work plan of the Taskforce. During a Municipal election year, meetings shall continue unless determined by the Taskforce that a break in service is necessary. 6.0 Term of the Taskforce Taskforce members will serve for a term of four years starting in March of the year following a Municipal Election until they are no longer able to serve or a new taskforce is appointed. At the end of 2022, the Taskforce will consider in their report to Council broadening the activities to include Community-wide Racism, becoming the Anti- Racism Taskforce. The Taskforce will provide an update before the end of 2022 to be provided to the incoming Council with actions, achievements, and a recommendation/plan on how the Taskforce should continue in the next term. - 245 - Terms of Reference – Pickering Anti-Black Racism Taskforce 2021 - 2023 7.0 Taskforce Structure and Positions The Taskforce may choose to appoint a committee chair, or subcommittees in accordance with Boards and Committee Policy ADM 040. Chairpersons and Sub-committee chairs will be nominated by a member of the taskforce and receive a majority vote to hold the position. Chair persons will hold a term of no more than 12 months. Should a chair person not be able to attend a meeting, they will assign chair duties to a sec ond member of the taskforce, or request the staff liaisons to lead the meeting. The chairperson will manage the activities of the meeting, develop agendas, and follow up on action items with taskforce members and staff liaisons. The following Executive and Sub-Committee positions are adopted for the 2021 – 2023 Term of the Taskforce: Executive 1.Chair – Staff/Government Liaison 2.Vice Chair – Action Plan Development Tracking/Presentations 3.Secretary (two positions) – Committee Administration, Advocacy, Compliance, Accountability, Ethics, Community Hub Liaison, Mediation 4.Treasurer Sub-committee Positions 1.Executive Advisory Sub Committee eg. Police Services, Human Resources, Faith Groups [Chair + 1] 2.Fund Development [Treasurer +1 ] 3.Policy / Best Practice [research and presentations] 4.Youth 5.Outreach/Communications - Social Media, 'Bang The Table', Fundraising, Youth Recruitment 6.Education as partner with DDSB 7.Employment / Entrepreneurship 8.Health 9.Policing as partner with DRPS 10. Events, Community Engagement, Programming 11. Recognition Program eg. Procurement, Allyship, Community Champion/Achievement [Chair, Vice Chair, Secretary, Treasurer] 12. Housing/Construction Subcommittees (ADM 040 Section 16.09) will be struck at the direction of the Taskforce by a majority vote, and must include at least two members of the Taskforce, and can include additional relevant stakeholders, experts, or members of the public as needed. Sub-committees must include at least one youth representative from the youth sub-committee. - 246 - Terms of Reference – Pickering Anti-Black Racism Taskforce 2021 - 2023 Sub-committee Co-chairs will report to the Taskforce during regular meetings, and results will be recorded as part of the meeting minutes. Sub -committees Chairs will be responsible for recruitment of sub-committee members and organizing activities of the sub-committee in line with the action plan and approval of the taskforce. The Chairs will manage their own administrative practice including meeting schedules, meeting platform, minutes, agendas, tracking and reporting. Reports to Council regarding sub-committee work will be presented by the Taskforce. 8.0 Budget The Taskforce activities will be paid from the Community Services Boards and Committees account. Remuneration for appointed Taskforce Members will be paid from the Community Services Salary Account. A stipend shall be paid to Members of the Taskforce. The Taskforce Terms of Reference to be reviewed at each term of the taskforce by Human Resource, and a rate assigned. For this term, the rate set is $65/Member and $75 for the Chair or Sub-Committee Chair, per each 2-hour regular Taskforce Meeting (active visible participation in meetings is required). A rate of $25 per hour shall be paid to appointed Members of the Taskforce for work which has been pre-approved by the Taskforce, and recorded in the minutes. Maximum yearly income per Taskforce Member is $1,000.00. A T4 will be issued at the conclusion of the year, or the service of the Taskforce Member. - 247 - Pickering Public Library Board 2022-2026 Terms of Reference Approved by Board Motion #23.14 1.Enabling Legislation The Public Libraries Act, R.S.O. 1990, c. P.44, s.3 (3) provides the authority, and direction for the establishment of public library boards by municipal Councils. The relevant sections of the Act are as follows. Board 3 (3) A public library shall be under the management and control of a board, which is a corporation known in English as The City of Pickering Public Library Board. R.S.O. 1990, c. P.44, s. 3 (3). Composition of Public Library Board 9 (1) A public library board shall be composed of at least five members appointed by the municipal Council. 2002, c. 18, Sched. F, s. 3 (8). Board Members 10 (1) A person is qualified to be appointed as a member of a board who is a member of the appointing Council or, a)Is at least eighteen years old; b)Is a Canadian citizen or permanent resident of Canada within the meaning of the Immigration and Refugee Protection Act (Canada); c)Is, i.A resident of the municipality for which the board is established in the case of a public library board, ii.A resident of a municipality that has a contract with the board under section 29, iii.A resident of the board area of a local service board that has the contract with the board under section 29, iv.A member of an Indian band that has a contract with the board under section 29, or v.A member of a second board that has entered into a contract with the board to purchase from it library services for the residents of the second board; and d)Is not employed by the board or by the municipality or county or, in the case of a union board, by any of the affected municipalities. R.S.O. 1990, c. P.44.s.10 (1); 2002, c. 18, Sched. F, s. 3 (9). Number of Council Members on Board Limited 10 (2) The appointing Council shall not appoint more of its own members to a board than the number that is, a)In the case of a public library board or union board, one less than a majority of the board; Pickering Public LIBRARY - 248 - Page 2 of 5 Term 10 (3) A board member shall hold office for a term concurrent with the term of the appointing council, or until a successor is appointed, and may be reappointed for one or more further terms. R.S.O. 1990, c. P.44, s. 10 (3). Time for Making Appointments 10 (4) The first appointments of members of a new board shall be made at a regular meeting of council and the member shall take office as soon as possible thereafter, and thereafter appointments shall be made at the first meeting of council in each term, but if the council fails to make the appointments at its first meeting, it shall do so at any regular or special meeting held within 60 days after its first meeting. R.S.O. 1990, c. P.44, s. 10 (4); 2002, c. 18, Sched. F, s. 3 (10). Notice of Vacancies 11 (1) The clerk of the appointing municipality or county or, in the case of a union board, the clerks of the affected municipalities shall give public notice of vacancies on the board by publishing a notice of them, inviting applications, in a newspaper of general circulation in the municipality. R.S.O. 1990, c. P.44, s. 11 (1). 2.Responsibilities 2.1 The purpose of the Board is to: •Represent the interests of the moral ownership, defined as the Residents of Pickering •Determine the benefits that the organization will provide, keeping a long term, strategic perspective (the Ends policies) •Monitor the operations to ensure that the Executive Limitations policies are being complied with and that the Ends policies are being accomplished according to Board-CEO Delegation policies. 3.Composition 3.1 The Board shall be comprised of 8 citizen appointments and 3 members of Council to ensure Ward representation. 4.Board Chair 4.1 The position of Chair will be elected by a majority of the Board at the first meeting of the applicable calendar year during the term of the Board. The Chair will serve for a two-year term and until a successor is elected. A Board member may not serve as Chair for more than 3 consecutive (two year) terms. 4.2 The Chair will preside at all Board meetings, maintain order, decide whether motions are in order, and rule on all procedural matters. 5.Vice-Chair 5.1 The position of Vice-Chair will be elected by a majority of the Board at the first meeting of the applicable calendar year during the term of the Board. The Vice- Chair will serve for a two-year term and until a successor is elected. A Board member may not serve as Vice-Chair for more than 3 consecutive (two year) terms. - 249 - Page 3 of 5 5.2 In the absence of the Chair, the Vice-Chair will preside and will have all of the Chair’s powers and responsibilities. 6.Councillors 6.1 A member of Council is appointed to the Library Board to act as a liaison between Council and the Board; respond to Board members’ questions; provide updates on Board activities to Council and to provide updates on Council activities to the Board. 6.2 Members of Council are also acting members of the Library’s Board and as such have the responsibilities and duties that are assigned to all Board members. 7. Treasurer 7.1 The Board will appoint a Treasurer. Typically, that will be the CEO/Director of Public Libraries or his/her designate. 7.2 The Treasurer will: •Receive, keep safely, and account for all the Board's money •Deposit all money received on the Board's behalf to the credit of that account or accounts •Disburse funds as required by provincial and federal legislation, City and Library procedures, and Board resolutions 8.Board Members 8.1 Duties of Board Members: •employ a competent and qualified CEO •determine and adopt written policies to govern the Library •determine the ‘Ends’ for the Library •understand the Library programmes and needs of the community in relation to the Library •keep abreast of standards and trends in libraries •be aware of local and other laws which affect libraries and play an active role in initiating and supporting beneficial Library legislation •attend all Board and committee meetings as assigned. May attend outside meetings and workshops for Board members •be an effective advocate for the Library in the community •be prepared to interact with provincial library agencies if required. •interest in the Library, the community and their inter-relationship •readiness to dedicate time and effort •knowledge of the community’s social and economic condition •aptitude for planning – both long and short range •ability to work in a political environment 8.2 Disqualification of Board Members If a board member, a)is convicted of an indictable offence; - 250 - Page 4 of 5 b)becomes incapacitated; c)is absent from the meetings of the board for three consecutive months without being authorized by a board resolution; d)ceases to be qualified for membership under clause 10 (1) (c); or e)otherwise forfeits his or her seat, the member’s seat becomes vacant and the remaining members shall forthwith declare the seat vacant and notify the appointing council accordingly. R.S.O. 1990, c. P.44, s. 13. 8.3 Vacancies Where a vacancy arises in the membership of a board, the appointing council shall promptly appoint a person to fill the vacancy and to hold office for the unexpired term, except where the unexpired term is less than forty-five days. R.S.O. 1990, c. P.44, s. 12. 9.Library Staff 9.1 The CEO/Director of Public Libraries of the Pickering Public Library is the Board's employee to whom the Board delegates the supervision and direction of the Library and its staff. He or she will attend all Board meetings and will have the other powers and duties that the Board assigns from time to time. The Board’s relationship with the CEO is defined in Board-CEO delegation policies. 10.Reporting 10.1 The Library Board will provide an annual report at year end to Council to communicate its activities in the preceding year. Generally, this annual report follows the release of the Library’s audit. 10.2 The Library Board will present its four-year strategic plan to Council in which it prioritizes library services to the community based on community feedback and engagement. 11.Meetings 11.1 The Library Board shall meet every fourth Thursday of the month at 7:00 pm. 11.2 The Library Board shall hold at least seven regular meetings in each year. 2019, c.14, Sched.12, s.2. 12.Conflict of Interest 12.1 The Municipal Conflict of Interest Act will govern the Board; an agenda will include provision for the Members to disclose a direct pecuniary interest in a matter and the general nature thereof. - 251 - Page 5 of 5 13.Budget 13.1 The CEO shall be responsible for the Library budget, which shall be submitted annually in accordance with established City budget guidelines. 13.2 The CEO will present a draft budget for review by the Board on an annual basis, prior to submission to City Council for approval. - 252 - Terms of Reference Property Review Committee 1.0 Mandate To act as a quasi-judicial tribunal, hearing appeals to Property Standards Orders issued under the authority of the Building Code Act. The Committee may confirm, amend or quash an Order. The Property Review Committee will also review applications for exemptions under the City’s Fence By-law and render a decision which becomes final and binding. 2.0 Goals, Objectives and Responsibilities The Property Review Committee fulfills the legislated requirements of the Building Code to provide a committee to hear appeals. It is also responsible for providing a review process for Fence Exemption applications and rendering a decision that is final and binding. 3.0 Composition The Property Review Committee will be comprised of: •Five (5) Citizen Appointees •One (1) Member of Council – no voting rights A hearing conducted by the Property Review Committee shall have 3 members present for quorum purposes. Appointments shall be for a 4-year term corresponding with the term of City Council. Committee members shall be paid an honorarium of $50.00 per appeal or hearing attended. 4.0 Member Qualifications Committee members with experience in building construction or property maintenance would be an asset. 5.0 Meeting Schedule The Property Review Committee shall meet as required. 6.0 Budget Committee members shall be paid an honorarium of $50.00 per appeal or hearing attended. - 253 - Page 2 of 2 Remuneration for committee members will be paid from the By-law Services Salary Account. - 254 - Terms of Reference Vehicle for Hire Committee 1.0 Mandate The Vehicle for Hire Committee (VFHC) shall serve as a quasi-judicial committee to review appeals in accordance with the provisions of the Vehicle for Hire By-law. The Vehicle for Hire Committee will also provide recommendations regarding fares and other issues, which may arise within the vehicle for hire industry. This may include working in conjunction with the Accessibility Advisory Committee to administer the Accessible Vehicle Incentive Program. 2.0 Goals, Objectives and Responsibilities The Vehicle for Hire Committee shall sit on an as-required basis to hear appeals or provide advice to Council regarding the regulation of the vehicle for hire industry. They will serve as a body to connect industry participants in order to facilitate relationships and make connections related to matters related to the industry. 3.0 Composition The VFHC will be composed of the following: 1)Taxicab Brokerage Representatives 1 - Appointed by Brokerage 2)Taxicab Plate Licensees 2 - Elected 3)Taxicab Drivers 2 - Elected 4)Citizen Appointee 1 5)PTC Company Representative 2 6)PTC Driver 2 7)City of Pickering Councillor 8)Manager, Municipal Law Enforcement Services All members have voting rights with the exception of the Manager, Municipal Law Enforcement Services, or their designate. Membership shall be for a 4-year term corresponding with the term of City Council. 4.0 Member Qualifications Brokerage representatives must be employed by a brokerage licenced by the City of Pickering. - 255 - Vehicle for Hire Advisory Committee Terms of Reference Page 2 Taxicab Plate Licensee and Taxi Cab Driver representatives must hold the associated licence with the City of Pickering to be accepted as a nomination for election. PTC Company Representatives must be employed by the PTC in a leadership or administrative role. PTC Driver Representatives must be a driver for a licensed PTC Company offering service in the City of Pickering. 5.0 Selection Process Taxicab Brokerage Representatives shall be chosen by the operating brokerages within the City of Pickering. Shall the brokerages not agree reach an agreement, an election shall be held. Taxicab Plate Licensees and Driver Representatives shall be chosen by election. Industry licensees shall be permitted to vote for Taxicab Licensee and Taxicab Driver members. One citizen member shall be appointed in accordance with Policy ADM 040. PTC Company Representatives shall be appointed by each of the two PTC Companies that are licensed in the City of Pickering. PTC Driver Representatives shall be appointed by the PTC with one from each of the PTC’s licensed within the City of Pickering. Each of the elected positions for Taxicab Plate Owners and Drivers will be selected through an election process initiated through Municipal Law Enforcement Services. Nominations will be submitted in writing. Once the nomination period has ended, licenced industry participants (taxicab plate licensees or drivers) attend the Pickering Civic Complex, present their identification, then complete a ballot to vote for one of the nominees listed on the ballots. A record of voters is kept to ensure each person only votes once. City staff tally the ballots and advise of the successfully elected candidates. Taxicab industry representatives are permitted to act as scrutineers. Should the number of nominees equal the available positions, representatives shall be acclaimed. . 6.0 Meeting Schedule The VFHC will meet as required to conduct appeal hearings at the Pickering Civic Complex. Meetings may also be called as required to provide input regarding matters relating to the vehicle for hire industry. - 256 - Vehicle for Hire Advisory Committee Terms of Reference Page 2 7.0 Budget Committee members shall be paid an honorarium of $50.00 per meeting attended. Remuneration for committee members will be paid from the By-law Services Salary Account. - 257 - Memo To: Accessibility Advisory Committee February 14, 2023 Cultural Advisory Committee Heritage Pickering Advisory Committee From: Rumali Perera Deputy Clerk Subject: Amendments to Boards, Committees and Taskforces -Staff Liaison, Chair, and Vice Chair Roles -Council Membership File: A-1410 In accordance with Section 05.01 of ADM 040 - Boards & Advisory Committees of Council Policy, Clerk’s staff are currently working on the mandated review of the Policy for Council’s consideration at the March 27, 2023 Council Meeting. One area of focus for this review is the role of Staff Liaison and Chair on the City’s Boards, Committees, and Taskforces. Presently, Policy ADM 040, Section 16.03 (a) states: “that the Staff Liaison for each Committee will facilitate mee tings unless a Chair or Vice Chair is required by a statute or Terms of Reference.” Advisory Committee Members are hereby requested to provide their input on whether the Committee Members would like to implement a Chair system for their respective committees. Duties of the Chair include soliciting agenda items from Committee members, facilitating the meeting by identifying the order of proceedings and speakers, interpreting and determining questions of procedure, ensuring active participation by all Committee members, and maintaining decorum. The revision to Policy ADM 040 will include a dedicated subsection on the duties of the Chair. Further to the above mentioned review that is being undertaken by Legislative Services, Council considered a Notice of Motion regarding Amendments to Boards and Committees/Taskforce Policy at a Council Meeting, and adopted a resolution on the matter on January 23, 2023. A component of this decision includes Staff reviewing: “Revisions to the Terms of Reference for the makeup of all Advisory Committees and or Task Forces that currently do not have an elected official representative to include the appointment of no greater than 2 members of Council whose role would be to act as a conduit between Council and their appointed committee as non-voting members;” Advisory Committees that do not currently have Council representation are asked to consider: Attachment #5 to Report CLK 03-23 -~of- P](KER]NG - 258 - February 2, 2023 Page 2 of 2 Amendments to Boards, Committees and Taskforces (i) the advisability of Council representation on the committee ; and, (ii) should Council decide in favour of Council representation, whether this committee would prefer 1 or 2 Councillors to be members. Committees are asked to adopt a draft Terms of Reference that reflects their preferred number of Councillors on their respective Committee for Council’s consideration. Resolution #59/23 regarding Amendments to Boards and Committees/Taskforce Policy, and Policy ADM 040, Boards and Advisory Committees of Council have been attached for ease of reference. Please forward any revised Terms of Reference and feedback to Andy MacGillivray, Committee Coordinator no later than February 24, 2023. RP:am Attachment 1. Resolution #59/23 Re: Amendments to Boards and Committees/Taskforce Policy 2.Policy ADM 040, Boards and Advisory Committees of Council - 259 - Legislative Services Division Clerk’s Office Directive Memorandum January 30, 2023 To: Marisa Carpino Chief Administrative Officer Susan Cassel City Clerk From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on January 23, 2023 Amendments to Boards and Committees/Taskforce Policy Council Decision Resolution #59/23 WHEREAS Section 05.01 of Policy ADM 040, Boards & Advisory Committees of Council, requires early in each new Council term, that Council shall review all Boards and Advisory Committees including, membership, composition and level of expertise or specialization required by Committee members for the selection process; And Whereas, Section 03.01 of ADM 040 provides that Boards and Advisory Committees are proposed by resolution of Council and established by a confirming by- law; And Whereas, each resolution shall incorporate the Terms of Reference for the specific Board/Advisory Committee; And Whereas, an Advisory Committee means a committee created by Council to provide input, advice and technical expertise on particular matters, act as a vehicle for public consultation on issues of municipal interest and make recommendations to Council; And Whereas, Council values the work of the members of Pickering’s Advisory Committees/Boards, as they provide Council and staff with important insight into the concerns and ambitions through a community lens; And Whereas, Section 02.01 of ADM 040 provides that “Council, under certain circumstances, may deem it necessary for Council representation on some Boards and Advisory Committees”, and the composition of each Committee, including whether a Member of Council is appointed to that Committee, is included in the individual Terms of Reference for each Committee; Now therefore be it resolved that that the Council of The Corporation of the City of Pickering directs the City Clerk to work with the Office of the CAO to conduct a review of all Boards and Advisory Committees reporting to Council and that this review include: Attachment #6 to Report CLK 03-23 - 260 - Please take any action deemed necessary. Susan Cassel 1.The creation of 3 new Advisory Committees being: a) Waterfront Visionary Advisory Committee to advise on best practices to preserve the nautical village marine theme and the implementation/restoration of a Waterfront that is environmentally sustainable and accessible; b) Community Safety and Wellbeing Advisory Committee that will be made up of a cross section of community representation including Neighbourhood Watch, Road Watch groups to advise on local community needs and suggested best practices; and that the group shall be responsible for the creation of a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering; c)Local & Small Business Advisory Committee that will advise on impacts of City Policy implications such as parking in the Nautical Village, relationships with City Economic Development and the measures that will assist businesses impacted by the intensification along Kingston Road; 2.Revisions to the Terms of Reference for the makeup of all Advisory Committees and or Task Forces that currently do not have an elected official representative to include the appointment of no greater than 2 members of Council whose role would be to act as a conduit between Council and their appointed committee as non-voting members; 3.Revisions to the Terms of Reference/Policies, of the Pickering Public Library, to enable the appointment of an additional member of Council to ensure Ward representation; 4. Establishing per meeting honorariums for the non-elected members of all advisory committees including the Pickering Library Board; 5.That the appointed Council Member(s) to all Advisory Committees/Boards be required to update the Members of Council on a monthly basis and that the Procedural By-law governing Council meetings and or Executive Meetings be amended to include an item enabling such reporting; 6.That the City Clerk and CAO report back no later than the end of Q1 with the findings of the review and the associated changes to Policy ADM 040 for Council’s consideration; and, 7.That the previous direction provided to staff, to report back on the legislated process to establish a BIA for the Nautical Village, through Resolution 930/22 and 931/22 be rescinded, as the businesses in the Nautical Village would be better served by the establishment of the new Local/Small Business Advisory Committee. - 261 - The Corporation of the City of Pickering By-law No. 8004/23 Being a By-law to establish an honorarium for Members of the Committee of Adjustment. Whereas pursuant to Section 44(9) of the Planning Act, R.S.O. 1990, c. P.13, the Members of the Committee of Adjustment shall be paid such compensation as the Council may provide; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.The remuneration payable to the Chair of the Committee of Adjustment shall be $150.00 per hearing, and to a Member of the Committee of Adjustment shall be $140.00 per hearing. 2.This By-law shall take effect as of April 1, 2023. 3.By-law 7666/18 is hereby repealed. By-law passed this 27th day of March, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Attachment #7 to Report CLK 03-23 - 262 - Report to Council Report Number: CS 06-23 Date: March 27, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Millennium Square Events -File: A-1440-001 Recommendation: 1. That Report CS 06-23, regarding Millennium Square Events, be received for information; 2. That staff be directed to implement the Fall Fling event as outlined in this report and that the Director, Finance & Treasurer be authorized to include the gross cost of Fall Fling in the amount of $17,600 in the 2023 Current Budget; 3. That staff be directed to implement the Winter Wonderland event as outlined in this report and that the Director, Finance & Treasurer be authorized to include the gross cost of Winter Wonderland in the amount $45,200 in the 2023 Current Budget; and 4. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: At the Executive Committee Meeting on January 9, Council directed staff, through the Office of the CAO, to bring forward a substantive report on a plan to implement a winter festival at Millennium Square, in collaboration with local businesses in the Pickering Nautical Village to ensure their ideas and visions were represented, and to report back to Council prior to the 2023 Budget Meeting. Accordingly, staff conducted community consultation and engagement with local businesses in the Pickering Nautical Village and are proposing two new events for Council consideration: Fall Fling and Winter Wonderland. Fall Fling would take place on Saturday, October 21 and Saturday, October 28, 2023 and include performances, a vendors market, wagon rides, movie night, pumpkin displays and painting, along with Halloween themed activities. Winter Wonderland would take place on Saturday, December 2 and Saturday, December 9, 2023 and include a vendors market, ice carving and sculptures on display, light sculpture, fire pits with s’mores, wagon rides, and roaming characters. The event will activate Millennium Square and will feature a large illuminated holiday display purchased by the City and displayed for the winter season. - 263 - CS 06-23 March 27, 2023 Subject: Millennium Square Events Page 2 Financial Implications: The anticipated gross cost for the City of Pickering to take the lead on the proposed events: Fall Fling and Winter Wonderland at Millennium Square in 2023 is $62,800. Proposed Draft Budget Fall Fling October 21 & 28, 2023 Expenses: Lead event Staff: Coordinator, Community Events (Part Time, Term) $5,000 Support event Staff: Community Event Leaders (Part Time, Term) 650 Overtime: Parks (for both dates) 1,200 Wagon Rides (2 dates) 3,000 Band or performer (2 events @$750 each) 1,500 Fall themed display/ photo stop (hay bales, pumpkins, fall mums) 750 Fall themed supplies (pumpkins, paint, Halloween treats) 1,000 Prizes (for best costume, scavenger hunt, best painted pumpkin, etc.) 500 Event materials (tents, tables cloths, a-frames) 1,500 Optional: Movie Night @$3,500 Marketing and Signage 2,500 Total Projected Cost for 2023 $17,600 Proposed Draft Budget Winter Wonderland December 2 & 9, 2023 Expenses: Lead event Staff: Coordinator, Community Events (Part Time, Term) $ 5,000 Support event Staff: Community Event Leaders (Part Time, Term) 650 Overtime: Parks (for both dates) 1,200 Wagon Rides (2 dates) 3,000 Band or performer (2 events @$750 each) 1,500 Ice Carver 3,000 Prizes (for scavenger hunt / bingo etc.) 500 Roaming Characters 1,500 Fire Pits (pit, propane, s'more kit) 1,500 Portable washrooms 1,100 Marketing and Signage 1,250 Event Subtotal $20,200 Feature Holiday Light Sculpture Display to stay all season (one-time cost) $25,000 Total Projected Cost for 2023 $45,200 The above two events would be excellent candidates to be considered as being funded from the Municipal Accommodation Tax. - 264 - CS 06-23 March 27, 2023 Subject: Millennium Square Events Page 3 Discussion: Millennium Square is a large public square adjacent to Beachfront Park in Pickering’s Nautical Village. Millennium Square is also a dynamic feature along Pickering’s Waterfront Trail that features seasonal washrooms, public seating, and Lake Ontario views. Millennium Square, which is home to the City’s summer concert series, has a maximum capacity of 1,100 people. In 2022, attendance at Summer Concerts at Millennium Square was over 3,000. Millennium Square has current limitations which affect the scope of events offered. • Public consultation for Beachfront Park was completed in 2021. Construction of the East side of Millennium Square is expected to commence in 2024. Due to planned construction, there is some anticipated disruption on the Waterfront Trail, reducing access along the beachfront from Millennium Square to access points further East in Alex Robertson Park. Both planned construction, and the current beachfront infrastructure, limits the scale of event that can be offered at Millennium Square as points of entry and egress are limited, and current capacity of the Millennium Square event space is 1,100 people. • Public parking is limited. Due to very high usage of the waterfront in 2022, the City of Pickering launched paid permit parking at all City waterfront parking lots, prohibited parking on one side of waterfront area streets and introduced on-street permit parking for the opposite side of waterfront area streets. Waterfront permit parking is in effect from May 1st to October 1st annually. Consultation with Nautical Village Businesses: Following direction from Council, staff conducted consultation with the businesses in the Nautical Village on a plan to implement a winter festival at Millennium Square. On Tuesday, February 7th, Staff completed an in-person postcard drop to 27 businesses with a survey link and information about the Open House on February 14th. A follow-up email was sent to 35 businesses on Thursday, February 9th with a link to complete a survey, and information about the Open House on February 14th. On February 14, from 11:00 am to 1:00 pm, staff facilitated an Open House focus group at the Open Art Studio Café in the Nautical Village. The City collected 11 surveys and 5 business owners participated in the in-person Open House focus group. Nautical Village businesses provided the following input in relation to a plan to implement a winter festival at Nautical Village: • There is interest and support in the City facilitating a variety of events at Millennium Square including artisan and farmer’s markets, changing seasonal displays, small concerts, and activations like a horse drawn carriage or roaming entertainers. • There was interest for events to be offered throughout the shoulder season, October 2 – April 30, which is outside the paid parking schedule. Businesses were interested in several events spaced throughout this shoulder season, not a single festival. - 265 - CS 06-23 March 27, 2023 Subject: Millennium Square Events Page 4 • Businesses identified several limitations to larger events including the planned construction of Beachfront Park East, and limited parking and no winter maintenance to this area. Based on feedback, the following events are recommended by staff for the 2023 year: 1. Fall Fling 2. Winter Wonderland Proposed Event Details/Description 1. Fall Fling is proposed on Saturday, October 21 and Saturday, October 28, 2023 with activations taking place from 11:30 am to 3:00 pm. This event will activate Millennium Square, encouraging visitors to the area to explore the Nautical Village. Nautical Village businesses are encouraged to offer storefront activations, while in the Square activities may include: live performances (buskers and/or live music), a vendors market, wagon rides, movie night, pumpkin displays and painting, along with Halloween themed activities. Nautical Village Businesses will be encouraged to participate in the following ways: offer storefront activations, displays, participate in a scavenger hunt or bingo card with items to find within their stores, trick-or-treating, and costume parade. Subject to Council’s approval, the budgeted funds will be included in the General Government Section of the 2023 budget. 2. Winter Wonderland is proposed on Saturday, December 2 and Saturday, December 9, 2023, with activations taking place from 11:30 am to 3:00 pm. This event will activate Millennium Square, encouraging visitors to the area to engage in the Nautical Village. Nautical Village businesses are encouraged to decorate their storefronts, while in the Square activities may include: vendors market, ice carving and sculptures on display, light sculpture, fire pits with s’mores, wagon rides, roaming characters (Santa, Frozen characters, etc.). This event will be anchored by a large illuminated holiday display that would be purchased by the City and displayed for the winter season and reused in future years. Nautical Village Businesses will be encouraged to participate in the following ways: offer storefront activations, displays, participate in a scavenger hunt or bingo card with items to find within their stores, community contest (i.e. community votes on best decorated). Subject to Council’s approval, the budgeted funds will be included in the General Government Section of the budget. Attachments: 1. Consultation Survey Responses 2. Sample Consultation materials - 266 - CS 06-23 Subject: Millennium Square Events March 27, 2023 Page 5 Prepared By: Approved/Endorsed By: Original Signed By Laura Gibbs Division Head, Culture & Community Programming Original Signed By Original Signed By Sarah Douglas-Murray Director, Community Services Original Signed By Krystal Roberts (Acting) Supervisor, Cultural Services Stan Karwowski Director, Finance & Treasurer SDM:lg Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 267 - Attachment #1 to Report CS 06-23   !                  !     - 268 -    ,      ,       !   56  7/ 8 " - 269 -      59  7& 8 # 1 5: 7&8     ,   ;      , ,         - 270 -   . / !                 !     - 271 -   < /" "=  , >>     ?  , ,             .  " - 272 -   %      " :    1    %      #%      ,            - 273 -    76  ,          * &  7&    ,   @  ,     "   =1  A 7 @    ,  ! & /  7=&  1?     &   $2       / *      ! "#$ #%&'( :  ,       ! ! "4$ #%&'( :        ?     7=  5  8   B ,     ! ! " $-%&'( =         C   :/, C  , D(         EEF    . ! "-$#%&'( =  &      (,           B   - 274 -    . ! "#$#-%&'(    ,, ,      .  " - 275 - Attachment #2 to Report CS 06-23 Sample Consultation Materials 1.Postcard delivered to businesses - 276 - Sample Consultation Materials 2.Image Boards displayed at in-person consultation. - 277 - Report to Council Report Number: CS 07-23 Date: March 27, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Community Safety and Well-Being Advisory Committee -Terms of Reference -File: A-1440-001 Recommendation: 1.That the Community Safety and Well-Being Advisory Committee be established and the Terms of Reference as set out in Attachment #1 to CS 07-23 be approved; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: At the Council Meeting of January 23, 2023, City Council passed Resolution #59/23 and directed staff to review the creation of a Community Safety and Well- Being Advisory Committee (CSWBAC) made up of a cross section of community representation including Neighbourhood Watch and Road Watch groups. Its purpose is to advise on local community needs and suggested best practices; and that the group shall be responsible for the creation of a Homelessness Task Force that will work in a co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering. The purpose of this report is to seek Council’s approval for the establishment of the Community Safety and Well-Being Advisory Committee (CSWBAC) and approve its Terms of Reference. As per the Terms of Reference (Attachment 1) the CSWBAC will identify and coordinate opportunities for stakeholder and community engagement and provide community input on matters relating to the City of Pickering Community Safety and Well-Being (CSWB) Plan. The CSWBAC will also assist City staff with the development, consultation, and implementation of the City of Pickering CSWB Plan. The CSWBAC will develop Terms of Reference for a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering. Financial Implications: With respect to the on-going work of the CSWBAC, $5,000 in annual funding is recommended beginning in 2024 to support the work of the Committee. The CSWBAC will be responsible to provide an action plan with related budget expenditures for Council approval each year, and to report annually to Council on their activities. - 278 - CS 07-23 March 27, 2023 Subject: Community Safety and Well-Being Advisory Committee Page 2 The City Clerk has prepared Report CLK 03-23 to amend Policy ADM 040, Boards and Committees, and part of that Report speaks to the possibility of implementing stipends for the City’s Boards and Committees. Should Council approve stipends for Boards and Committees as part of the recommendations of Report CLK 03-23, the Terms of Reference for the newly established CSWBAC will be updated to reflect such stipends and the necessary funds will be included in the 2023 Community Services Operating Budget. Discussion: As per the Safer Ontario Act, 2018, S.O. 2018, c. 3 – Bill 175, CSWB Plan came into enactment in the current Police Services Act, R.S.O. 1990, c.p15. Following an extension due to COVID-19, all municipalities (except lower tier) were to create and by resolution adopt a CSWB Plan by July 1, 2021. In two tier municipalities, such as the Region of Durham, it is the responsibility of the upper tier to develop and implement the Plan, through the creation of measurable goals and objectives. Lower tier municipalities play an instrumental role to facilitate those efforts. On February 25, 2019, Community Services staff were directed by Council to begin work on development of a CSWB Plan, as per Resolution #43/19. The City’s plan will identify strategies to support and help implement the Region’s CSWB Plan and other locally identified issues. At the January 23, 2023 Meeting of Council, through Resolution #59/23, City staff were directed to review the creation of a Community Safety and Well-Being Advisory Committee (CSWBAC) made up of a cross section of community representation including Neighbourhood Watch and Road Watch groups (see Attachment 2). The purpose of the advisory committee is to advise on local community needs and suggested best practices; and that the group shall be responsible for the creation of a Homelessness Task Force that will work in a co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering. The particulars of the CSWBAC are set out in the Terms of Reference appended as Attachment 1. The CSWBAC shall have a membership of up to 10 Citizen Appointments selected from the public, and Citizen Appointments will be voting members. The CWSBAC may also include participation from a representative of Stakeholder Organizations. Representatives from Stakeholder Organizations including Durham Regional Police Service, City of Pickering Fire Services, Christian Faith Outreach Centre, CAREA Community Health Centre, DARS Inc. and The Ajax Hub will be invited to participate by providing one Representative to sit on the Committee. Stakeholder Organization representatives shall not be voting members. The Committee will include participation of one member of Council as a non- voting member. The Committee will meet quarterly and will be supported by the Community Safety and Well- Being Advisor as the Staff Liaison. Committee responsibilities include: a) Assist and Advise staff on the development and implementation of the CSWB Plan within the City of Pickering; - 279 - CS 07-23 March 27, 2023 Subject: Community Safety and Well-Being Advisory Committee Page 3 b) Assist and advise staff on the development and review of policy relating to Community Safety and Well-Being; c) Advocate for CSWB and promote community-wide Safety and Well-Being initiatives; d) Encourage and promote effective communication between Durham Region, community groups, individuals and the City; e) Develop Terms of Reference for a Homelessness Task Force to best address the needs of the homeless population in Pickering; f) Advise and develop working relationships with owners of businesses and stakeholder organizations; g) Review and update the Terms of Reference for the Committee, as needed; h) Advocate and promote the value and benefit of CSWB activities for all; and i) Report annually to Council on the Committee’s achievements during the year and their work plan for the next year. Generally the duration of Advisory Committee appointments are the same as the Term of Council. The Board and Advisory Committee Policy (ADM 040) allows for Advisory Committee appointments to be staggered to ensure experience and consistency in following the Committee’s goals and mandate. The CSWBAC is recommended for the term of Council. This will allow the CSWBAC to undertake a mandate to support the development of the CSWB Plan in the first term of the committee. At the conclusion of the initial term of this committee, the structure will be evaluated and measured for success and staff will report back to Council in this regard. Attachment: 1. Terms of Reference for the Community Safety and Well-Being Advisory Committee 2. Council Resolution #59/23 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs MBA, MSc. Division Head, Culture & Community Programming Sarah Douglas-Murray Director, Community Services Original Signed By Sharon Milton Manager, Recreation Services SDM:sm - 280 - CS 07-23 March 27, 2023 Subject: Community Safety and Well-Being Advisory Committee Page 4 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 281 - Attachment #1 to Report CS 07-23 Terms of Reference – Community Safety and Well-Being Advisory Committee 1.0 Mandate The Community Safety and Well-Being Advisory Committee (CSW BAC) will identify and coordinate opportunities for stakeholder and community engagement and provide community input on matters relating to the City of Pickering Community Safety and Well-Being (CSWB) Plan. The CSW BAC will also assist City staff with the development, consultation, and implementation of the City of Pickering CSWB Plan. The Committee will develop Terms of Reference for a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering. 2.0 Goals, Objectives and Responsibilities As per the Safer Ontario Act, 2018, S.O. 2018, c. 3 – Bill 175, the CSWB Plan came into enactment in the current Police Services Act, R.S.O. 1990, c.p15. In two tier municipalities, such as the Region of Durham, it is the responsibility of the upper tier to develop and implement the Plan, through the creation of measurable goals and objectives. Lower tier municipalities play an instrumental role to facilitate those efforts. On February 25, 2019, Community Services staff were directed by Council to begin work on development of a CSWB Plan, as per Resolution #43/19. The City’s plan will identify strategies to support and help implement the Region’s CSWB Plan and other locally identified issues. Pickering’s CSWB Plan will be based on the seven priority risk factors outlined in the Region of Durham Community Safety and Well-Being Plan: 1.Mental Health 2.Substance Use 3.Homelessness and Basic Needs 4.Criminal Involvement 5.Victimization 6.Social isolation 7.Experiences of Racism Committee responsibilities include: a)Support and participate in the development and implementation of the CSWB Plan within the City of Pickering; b)Assist and advise staff on the development and review of policy relating to Community Safety and Well-Being c)Advocate for CSWB and promote community-wide Safety and Well-Being initiatives; - 282 - Terms of Reference – March 27, 2023 Community Safety and Well-Being Advisory Committee d)Encourage and promote effective communication between Durham Region, community groups, individuals and the City; e)Develop Terms of Reference for a Homelessness Task Force to best address the needs of the homeless population in Pickering; f)Advise and develop working relationships with owners of businesses and stakeholder organizations; g)Review and update the Terms of Reference for the Committee, as needed; h)Advocate and promote the value and benefit of CSWB activities for all; and i)Report annually to Council on the Committee’s achievements during the year and their work plan for the next year. The CSWBAC will not be responsible for the following: 1.Program delivery; 2.Budget approval; 3.Day-to-day operations of City-owned facilities and programs; and 4.Administrative matters including direction given to staff. 3.0 Composition The CSWBAC shall have a membership of up to 10 Citizen Appointments selected from the public. Citizen Appointments from the public must reside in Pickering and represent a broad range of interests and experience. The CSWBAC will include the following as voting members: •one youth (13 years old – 19 years old) •one senior (over 65 years old) •one resident of the Neighbourhood Watch group from Ward 2 •one resident of the Neighbourhood Watch group from Ward 1 •up to XX Citizen Members from the Community The CWSBAC may also include participation from a representative of Stakeholder Organizations. Representatives from Stakeholder Organizations shall not be voting members on the CSWBAC. The Following Stakeholder Organizations will be invited to participate by providing one Representative to sit on the CSWBAC: -Durham Regional Police Service - City of Pickering Fire Services -Christian Faith Outreach Centre -CAREA Community Health Centre -DARS Inc. -The Ajax Hub The Committee will include participation of one member of Council as a non-voting member. Page |2 - 283 - Terms of Reference – March 27, 2023 Community Safety and Well-Being Advisory Committee The CSWB Advisor will be the staff Liaison for the CSWBAC and will be a staff member from the Community Services Department selected by the Director, Community Services. . The term of the CSWBAC is the term of Council. At the conclusion of the term, structure will be evaluated and measured for success. 4.0 Member Qualifications Qualifications include the skills, knowledge, and experience suitable to contribute in one or more of the Priority Risk Areas identified as part of the Region of Durham CSWB Plan. Membership will be sought on the basis of broad interest, understanding and commitment to CSWB development in the municipality. 5.0 Meeting Schedule The CSWBAC meets quarterly, on a set week and day to be determined by the CSWBAC at its first meeting of the term. The meetings shall commence at 7:00 pm. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. During a Municipal election year, meetings shall not be held after September 30th unless determined by the CSWBAC that a meeting is necessary to meet the mandate or work plan of the CSWBAC. Page |3 - 284 - Attachment #2 to Report CS 07-23 Legislative Services Division Clerk’s Office Directive Memorandum January 30, 2023 To: Marisa Carpino Chief Administrative Officer Susan Cassel City Clerk From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on January 23, 2023 Amendments to Boards and Committees/Taskforce Policy Council Decision Resolution #59/23 WHEREAS Section 05.01 of Policy ADM 040, Boards & Advisory Committees of Council, requires early in each new Council term, that Council shall review all Boards and Advisory Committees including, membership, composition and level of expertise or specialization required by Committee members for the selection process; And Whereas, Section 03.01 of ADM 040 provides that Boards and Advisory Committees are proposed by resolution of Council and established by a confirming by- law; And Whereas, each resolution shall incorporate the Terms of Reference for the specific Board/Advisory Committee; And Whereas, an Advisory Committee means a committee created by Council to provide input, advice and technical expertise on particular matters, act as a vehicle for public consultation on issues of municipal interest and make recommendations to Council; And Whereas, Council values the work of the members of Pickering’s Advisory Committees/Boards, as they provide Council and staff with important insight into the concerns and ambitions through a community lens; And Whereas, Section 02.01 of ADM 040 provides that “Council, under certain circumstances, may deem it necessary for Council representation on some Boards and Advisory Committees”, and the composition of each Committee, including whether a Member of Council is appointed to that Committee, is included in the individual Terms of Reference for each Committee; Now therefore be it resolved that that the Council of The Corporation of the City of Pickering directs the City Clerk to work with the Office of the CAO to conduct a review of all Boards and Advisory Committees reporting to Council and that this review include: - 285 - 1.The creation of 3 new Advisory Committees being: a)Waterfront Visionary Advisory Committee to advise on best practices to preserve the nautical village marine theme and the implementation/restoration of a Waterfront that is environmentally sustainable and accessible; b)Community Safety and Wellbeing Advisory Committee that will be made up of a cross section of community representation including Neighbourhood Watch, Road Watch groups to advise on local community needs and suggested best practices; and that the group shall be responsible for the creation of a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering; c)Local & Small Business Advisory Committee that will advise on impacts of City Policy implications such as parking in the Nautical Village, relationships with City Economic Development and the measures that will assist businesses impacted by the intensification along Kingston Road; 2.Revisions to the Terms of Reference for the makeup of all Advisory Committees and or Task Forces that currently do not have an elected official representative to include the appointment of no greater than 2 members of Council whose role would be to act as a conduit between Council and their appointed committee as non-voting members; 3.Revisions to the Terms of Reference/Policies, of the Pickering Public Library, to enable the appointment of an additional member of Council to ensure Ward representation; 4.Establishing per meeting honorariums for the non-elected members of all advisory committees including the Pickering Library Board; 5.That the appointed Council Member(s) to all Advisory Committees/Boards be required to update the Members of Council on a monthly basis and that the Procedural By-law governing Council meetings and or Executive Meetings be amended to include an item enabling such reporting; 6.That the City Clerk and CAO report back no later than the end of Q1 with the findings of the review and the associated changes to Policy ADM 040 for Council’s consideration; and, 7.That the previous direction provided to staff, to report back on the legislated process to establish a BIA for the Nautical Village, through Resolution 930/22 and 931/22 be rescinded, as the businesses in the Nautical Village would be better served by the establishment of the new Local/Small Business Advisory Committee. Please take any action deemed necessary. Susan Cassel - 286 - Report to Council Report Number: CS 08-23 Date: March 27, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Pickering Community Parades -File: A-1440-001 Recommendation: 1. That report CS 08-23 be received for information; 2. That staff be directed to coordinate and implement the 2023 Santa Claus Parade as outlined in this report; 3. That the Director, Finance & Treasurer be authorized to include the gross cost of the Santa Claus Parade in the amount of $74,100.00 in the 2023 Current Budget; 4. That staff be directed to coordinate and implement the 2024 Easter Parade as outlined in this report; 5. That staff begin preparations for a 2024 Easter Parade in the fall of 2023 and that the gross cost of the 2024 Easter Parade in the amount of $47,100.00 be included in the 2024 Current Budget for Council consideration; and 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: At the Executive Council Meeting on January 9, 2023, Council directed staff, through the Office of the CAO, to bring forward a substantive report on options to provide community parades, and that staff report back in advance of the 2023 Budget Meeting in April 2023. The City of Pickering has supported two major parades annually that have historically been run by community organizations. The Santa Claus Parade has been led by the Kinsmen & Kinette Club of Pickering and is typically held the fourth Saturday morning in November. The Easter Parade has been led by the Pickering Legion Branch 606 and is held on the Saturday of Easter Weekend. The Kinsmen & Kinette Club last held the Santa Claus Parade in November 2019 (Pre-COVID -19), and have notified the City that they will not be running a parade in 2023 (see Attachment 1). The Pickering Legion Branch 606 will be hosting the Easter Parade on April 8, 2023, however have notified the City that 2023 will be their last year organizing the parade (see Attachment 2). This report will provide Council with an option for these parades to be led and operated by City staff including a high level overview of the proposed events and associated budget. This report - 287 - CS 08-23 March 27, 2023 Subject: Pickering Community Parades Page 2 will also outline how third party organizations wishing to operate parades on City roads, in future, can apply to host parades. Financial Implications: The anticipated cost for the City of Pickering to take the lead on the 2023 Santa Claus parade is $74,100 and 2024 Easter Parade is $47,100. Proposed Draft Budget City-led Santa Claus Parade Budget Estimate Revenue Float Entry Fees (25 local businesses x $100) $ (2,500) Expense Lead event Staff: Coordinator, Community Events (Part Time, Term) $ 8,500 Support event Staff: Community Event Leaders (Part Time, Term) $ 1,100 Overtime: Roads, Parks and Bylaw $ 7,000 Policing and Security $ 3,500 Council float décor or classic car hire $ 6,000 Parade Bands (10 x $1,500) $ 15,000 Santa Float (rental of sleigh and trailer + Santa fee/honorarium) $ 4,500 Community Group grant for float décor $ 7,500 Event materials $ 10,000 Volunteer Support $ 1,000 Marketing and Signage $ 10,000 Total Projected Cost for 2023 $ 74,100 Proposed Draft Budget City-led Easter Parade Budget Estimate Expense Lead event Staff: Coordinator, Community Events (Part Time, Term) $ 8,500 Support event Staff: Community Event Leaders (Part Time, Term) $ 1,100 Overtime: Roads, Parks and Bylaw $ 5,000 Policing and Security $ 3,500 Council float décor or classic car hire $ 6,000 Parade Bands (5 x $1,500) $ 7,500 Easter Bunny Hire + Carriage $ 4,500 Event materials $ 5,000 Volunteer Support $ 1,000 Marketing and Signage $ 5,000 Total Projected Cost for 2024 $ 47,100 Sponsorship revenues have not be included in budget estimates however staff would endeavor to secure sponsorships to partially offset the City contribution for the events. The above two events would be excellent candidates to be considered as being funded from the Municipal Accommodation Tax. - 288 - CS 08-23 March 27, 2023 Subject: Pickering Community Parades Page 3 Discussion: Santa Claus Parade From 1969 to 2021, the Kinsmen & Kinette Club of Pickering led the Pickering Santa Claus Parade with the support of volunteers, community organizations and the City of Pickering. The initial parade started at Holy Redeemer Catholic School and then proceeded up Liverpool Road to Sheridan Mall, now Pickering Town Centre. The parade grew and was moved to start at Vaughan Willard School ending in the city centre at the Pickering Town Centre parking lot (Glenanna Road and Pickering Parkway). The Kinsmen & Kinette Club coordinated the participation of community groups, secured sponsorship of the parade, and paid for bands to participate. In a typical year, the Pickering parade would have 60 – 70 participating groups including entertainers, community groups and local businesses. Over the 52 year history, the City of Pickering has supported the community-led Santa Claus parade by coordinating the parade permit, managing road closures, and facilitating communication and coordination with police to ensure the safe operation of the event. During the COVID pandemic in 2020 and 2021, the Santa Claus parade did not operate on the traditional parade route due to Provincial health and safety restrictions around large gatherings. Instead, City of Pickering staff worked with Kinsmen & Kinette Club volunteers in 2020 to coordinate a drive-thru parade format with 21 float participants at the Chestnut Hill Developments Recreation Complex parking lot. In fall 2021, COVID restrictions were eased to allow for a return to outdoor gatherings. The City of Pickering launched Winter Nights, City Lights in Esplanade Park, a three evening event with timed entry to ensure that distancing between participants could be maintained. In 2021, the Kinsmen & Kinette Club partnered with the City of Pickering to include Santa Claus floats, displays and community organizations in static displays at the event. In 2021, there was approximately 20,000 event attendees at the Winter Nights City Lights event. In August 2022, the Kinsmen & Kinette Club of Pickering notified staff that they would not have the capacity to lead the coordination of static displays at the Winter Nights, City Lights event. The Kinsmen & Kinette Club of Pickering worked with City Staff to contact some of the community organizations that participated in past years and those groups were invited to participate in the 2022 event. The 2022 Winter Nights, City Lights event had over 18,000 participants. On December 7, 2022, the President of the Kinsmen & Kinette Club of Pickering notified City of Pickering staff the Kinsmen & Kinette Club would not be organizing a 2023 Santa Clause Parade due to declining Club membership and ability to continue to lead a large event. The organization, Kinsmen & Kinette Club has continued to meet with City Staff and has offered to support the City with some parade materials and volunteer support, should the City take the lead on this event moving forward. The City of Pickering Cultural Services Events team has worked to support the coordination of the Santa Claus Parade and has the capacity to coordinate the parade. If directed by Council to lead this event, City staff recommend a parade route and format that closely aligns with the 2019 event. The parade route would begin at Vaughn Willard Public School on Glenanna - 289 - CS 08-23 March 27, 2023 Subject: Pickering Community Parades Page 4 Road. The parade route would travel south on Glenanna Road to Esplanade South, then east on Diefenbaker Court to end at the Delaney and O’Brian Arena entrance at Chestnut Hills Developments Recreation Complex. Subject to Council’s direction, staff will coordinate and contract local bands and performers, plan event logistics, coordinate the City of Pickering float, develop marketing and communications content, confirm event logistics with various City departments and the Durham Regional Police Service, and connect with community groups and businesses to participate. The City Events team would fully oversee and operate the event, with participation from the community. If Council approves recommendation 3 outlined in this report, the budgeted funds will be included in the General Government Section of the budget. The 2023 budget report will include a recommendation to allocate the cost to the 2023 Community Services Current Budget. Community Services would then begin planning for a 2023 event. Easter Parade Since 2004, The Pickering Easter Parade has been led by the Pickering Legion Branch 606 with the support of volunteers, community organizations and the City of Pickering. In the first year, the parade formed up on Sandy Beach Road and had 50 parade participants. Each year the parade has grown and the route has expanded to show off all the floats and participants. The Easter Parade was cancelled in 2020 due to the COVID-19 pandemic. In 2021, the Legion organized a scaled down drive-through parade with stationary floats in the Legion’s parking lot that met provincial health regulations. In 2022, the Legion held the Easter Bunny Hop event in the Legion’s parking lot. The events that were run on Legion property were not led in partnership with the City of Pickering, as they were not on public property, as per the Community Festivals and Events Policy CUL 070. The Legion will host a parade for 2023, on Saturday, April 8th, however, they have indicated this parade will be their last. The Legion has expressed that due to a decrease in volunteers and organizational capacity it has become increasingly difficult lead the parade each year. The Legion has expressed that they will support the City, should the decision be made that the City takes on the Easter Parade. The City of Pickering Cultural Services Events team has worked to support the coordination of the Easter parade in the past and can coordinate the parade. If the City of Pickering were to lead this event, staff recommend continuing the traditional parade route. The route forms up in Nautical Village, with the route beginning at Liverpool Road and Annland Street. The parade moves east and north on Annland Street then east and north on Krosno Blvd., heading east on Bayly Street and ending at the Legion, 1555 Bayly Street. This parade has been traditionally smaller than the Santa Claus Parade, with 15-20 community residents participating on bikes, strollers and wagons, 20-25 businesses arranging floats or cars and 1-5 bands performing. In order to plan the Easter Parade, City Staff would need direction to begin planning by September 2023 allowing eight months to plan the event, coordinate community groups and implement event logistics. If Council approves recommendations 4 and 5 outlined in this report, Community Services staff will begin preparations for a 2024 Easter Parade in the fall of 2023 and that the gross cost of the Easter Parade in the amount of $47,100 be included in the 2024 Current Budget for Council consideration; - 290 - CS 08-23 March 27, 2023 Subject: Pickering Community Parades Page 5 Community Parades Organizations wishing to operate parades on City roads, in future, must apply through the festival and events application form located on the City of Pickering website. A detailed map with the parade route is required at the time of application. Event applications are reviewed monthly by the Community Events Committee, comprised of staff from Cultural Services, Road, Bylaw, Fire, Public Affairs, and Parks. If an event application is recommended by the committee, the organizer would submit a parade application form with additional event logistics to assist City of Pickering staff in supporting the event. Parade requests that require a road closure (partial, full or rolling), must be submitted no later than 12 months prior to the event date. Organizers are responsible for paying all applicable staffing and permit fees. Community parades are subject to Bylaw 3825/70 and require a parade permit. Attachments: 1. 2023 Santa Claus Parade letter from Kinsmen & Kinette Club of Pickering 2. 2023 Easter Parade letter from Pickering Legion Branch 606 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs Sarah Douglas-Murray Division Head, Culture & Community Programming Director, Community Services Original Signed By Original Signed By Krystal Roberts Stan Karwowski (Acting) Supervisor, Cultural Services Director, Finance & Treasurer LG:kr Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 291 - Attachment #1 to Report CS 08-23 - 292 - Attachment #2 to CS 08-23 - 293 - Report to Council Report Number: ECD 03-23 Date: March 27, 2023 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Local & Small Business Advisory Committee -File: D-1600 Recommendation: 1.That Report Number ECD 03-23, regarding the proposed Local & Small Business Advisory Committee, be received for information. Executive Summary: In January 2023, Council directed staff to review all Boards and Advisory Committees and investigate the creation of the Local & Small Business Advisory Committee, among others Economic Development Staff conducted a jurisdictional scan to understand the nature of similar committees in municipalities across Ontario. Research shows that similar advisory committees often exist in smaller municipalities where economic development services may be limited or to assist on a specific project or concern in the community. Due to the broad nature of the advisory committee, staff recommend engagement with local businesses to review the needs of the community and consider a scope of work, as may be appropriate, that allows the committee to bring value. Staff will report back to Council in Q 2, 2023 regarding the feedback received and proposed next steps. Financial Implications: Not applicable to this report. Discussion: At the January 23rd Council Meeting, Members of Council introduced a motion directing staff to investigate the creation of three new advisory committees including a Local & Small Business Advisory Committee. The proposed Local & Small Business Advisory Committee is intended to advise on impacts of City Policy implications such as parking in the Nautical Village, relationships with the City’s Economic Development & Strategic Projects Department and the measures that will assist businesses impacted by the intensification along Kingston Road. Economic Development and Strategic Projects’ staff investigated advisory committees of similar nature across Ontario municipalities to understand the terms of reference and value to the community. These Committees are often referred to as an Economic Development Advisory Committee (EDAC). Their role is to provide guidance and recommendations on economic development policies and strategies to a municipality. An EDAC typically consists of business leaders, community members, City staff, and Members of Council. The functions and responsibilities vary depending on the needs and goals of the municipality. - 294 - ECD 03-23 March 27, 2023 Subject: Local & Small Business Advisory Committee Page 2 Within Durham Region, EDAC’s were active in Township of Brock, Scugog, and Uxbridge during the previous term of Council and are currently in the process of re-establishing for this term. As Economic Development services are not provided by the townships, the advisory committees assist Region of Durham’s Rural Economic Development team in gaining insight into the communities. Similar committees exist in other Ontario municipalities including East Gwillimbury, Georgina, Trent Lakes, Blue Mountain, Clearview, Westport, Springwater, Guelph, Mississippi Mills, and Gananoque. The committees consist of anywhere from 4 to 13 members, including Council representatives. As the number of projects across City of Pickering are extensive and encompass a variety of stakeholders and views, a committee could prove difficult in representing the majority of stakeholders fairly and accurately for projects and potential growth areas such as but not limited to: •Kingston Road Intensification Corridor •Nautical Village (paid parking, transit, events, etc.) •Seaton (including Pickering Innovation Corridor) •Cherrywood (proposed) •Northeast Pickering (proposed) •Pickering Federal Lands •City Centre (proposed) •Pickering Nuclear Generating Station •Hotel Accommodation & Conference Centre Investment To ensure that the proposed Committee will be effective, Economic Development & Strategic Projects’ staff will develop and distribute a survey to understand the needs of the business community. Through this engagement and feedback, staff will be able to determine the need for such an advisory committee by the business community. Subject to business feedback, staff can consider the appropriate committee composition and the required skill set of the contributing members to bring value to the Department and Council regarding ongoing concerns of local and small businesses. Staff will also organize an informational session for businesses located along the Kingston Road Corridor regarding the proposed development plans and next steps. Staff will report the results and recommendation back to Council at the June 2023 Council Meeting. Attachment: 1. None. - 295 - ECD 03-23 March 27, 2023 Subject: Local & Small Business Advisory Committee Page 3 Prepared By: Approved/Endorsed By: Original Signed By: Laraib Arshad Fiaz Jadoon Manager, Economic Development & Marketing Director, Economic Development & Strategic Projects Original Signed By: LA:la Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 296 - Report to Council Report Number: ENG 03-23 Date: March 27, 2023 From: Richard Holborn Director, Engineering Services Subject: Waterfront Visionary Advisory Committee -File: A-1440 Recommendation: 1.That the Waterfront Visionary Advisory Committee be established and the Terms of Reference as set out in Attachment #2 to ENG 03-23 be approved; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: At the Council Meeting of January 23, 2023, City Council passed Resolution #59/23 (Attachment #1) and directed staff to conduct a review of all Boards and Advisory Committees, and that this review include the creation of three new Advisory Committees. One of the new Advisory Committees contemplated is to be known as the Waterfront Visionary Advisory Committee. This newly formed committee is to advise on best practices to preserve the nautical village marine theme and the implementation/restoration of a waterfront that is environmentally sustainable and accessible. The purpose of this report is to seek Council’s approval for the establishment of the Waterfront Visionary Advisory Committee and approve its Terms of Reference. Financial Implications: There are no financial implications associated with this report, however, the City Clerk has prepared Report CLK 03-23 to amend Policy ADM 040, Boards and Committees, and part of that Report speaks to the possibility of implementing stipends for the City’s Boards and Committees. Should Council approve stipends for Boards and Committees as part of the recommendations of CLK 03-23, the Terms of Reference for the newly established Waterfront Visionary Advisory Committee will be updated to reflect such stipends and the necessary funds will be included in the 2023 Engineering Services Current Budget. Discussion: The City of Pickering identifies and acknowledges its unique waterfront along Lake Ontario, including Frenchman’s Bay, as an environmental and recreational jewel enjoyed by residents and tourists all year round. Anchored by the Nautical Village along the south limits of Liverpool Road, Pickering’s waterfront is both a journey and a destination offering quaint shops and cafés, marinas, entertainment and recreational activities. The Pickering - 297 - ENG 03-23 March 27, 2023 Subject: Waterfront Visionary Advisory Committee Page 2 Waterfront Trail is part of the 900km Waterfront Trail that runs along the shores of Lake Ontario and the St. Lawrence River from Niagara-on-the-Lake to the Quebec border. At the Council meeting of January 23, 2023, City Council passed Resolution #59/23 directing staff to conduct a review of all Boards and Advisory Committees. One aspect of the review was to create three new Advisory Committees, one of which is the Waterfront Visionary Advisory Committee. In the late 1990’s Pickering established the Waterfront Coordinating Committee to assist with coordinating the implementation of approved waterfront projects, to provide technical assistance on waterfront issues, to provide assistance in finding waterfront funding sources, and fundraising efforts. In December 2014, the Waterfront Coordinating Committee was disbanded through Resolution #301/14 as many projects that the committee had reviewed and advised on were at or near completion including the 2009 Frenchman’s Bay Stormwater Management Master Plan, the 2012 Frenchman’s Bay Waterfront Master Plan, and the 2009- 2014 Environmental Assessment, design and construction of the Frenchman’s Bay Harbour Entrance Breakwaters. Since disbanding the Waterfront Coordinating Committee, projects undertaken along the Waterfront include: • Rotary Frenchman’s Bay West Park Phase 1 Construction (2018); • Rotary Frenchman’s Bay West Park Master Plan (updated 2020); • Rotary Frenchman’s Bay West Park Comfort Station (under construction); • Rotary Frenchman’s Bay West Park Phase 2 Construction (under construction); • Rotary Frenchman’s Bay West Park Lake Ontario Shoreline Restoration (2022); • Purchase of 501 Marksbury Road and 520 West Shore Boulevard (2022) for future Waterfront Trail Construction; • Beachfront Park Rehabilitation and Needs Assessment including public engagement and Master Plan (2019-2021); • Beachfront Park Master Plan – Design (underway); and, • Waterfront Trail Enhancements (Montgomery Park Road to Frisco Road) (2022). All of these projects have elements of restoration, environmental stewardship, sustainability and accessibility. It is important that the Beachfront Park Rehabilitation project include these elements as well as incorporate the nautical village marine theme in its design and construction. Preserving the nautical village marine theme along Liverpool Road from Millennium Square to Annland Street through streetscape and visitor experience is an important element in the identity of Pickering’s Waterfront. The Waterfront Visionary Advisory Committee will have an opportunity and responsibility to contribute their ideas to enhance work along the waterfront that has already been completed, as well as to those projects still to be undertaken. - 298 - ENG 03-23 March 27, 2023 Subject: Waterfront Visionary Advisory Committee Page 3 The character of the Nautical Village was also a key theme that emerged from the results of public surveys conducted by City Development staff in 2021. The on-line surveys were conducted during July and November on the Let’s Talk Pickering engagement platform. The surveys were undertaken as a precursor to the Council directed Nautical Village Review. The purpose of the Review is to revisit the vision that was established by the former Waterfront Task Force in 1998 for the Pickering Waterfront, in order to strengthen and enhance the current policies and guidelines for the Nautical Village. The surveys were promoted through news releases, mail-outs to Nautical Village Businesses, promotion through social media and digital signage, and e-mail notices to Council and City departments. Key themes/topics that emerged from the public surveys included: •Many users want to enjoy the waterfront area throughout the year primarily for a wide variety of recreational, water and nature related activities; •Access to the waterfront could be enhanced through improved parking arrangements (e.g. parking lots, street parking, paid parking, etc.), transit service (or shuttle service), and traffic management; •Maintaining the existing character of the Nautical Village is supported, including promoting quality shopping, services, and dining that can help vitalize waterfront activity; •There are limited opportunities for the expansion of commercial or large-scale tourist uses, although many would like to see more uses, even if they are temporary/seasonal, that support tourism, arts and entertainment, and recreational needs; and, •The planning framework for the Liverpool Road Waterfront Node encourages and permits a variety of uses in the Nautical Village to provide opportunities for people to live, work, shop, and play. However, office uses and the commercial school are believed to be not complementary to the commercial uses in the Nautical Village and not conducive to attracting more visitors or supporting waterfront related activities. Additionally, during the COVID-19 pandemic, in support of the Provincial Government’s effort to implement the staged re-opening of businesses, on June 29, 2020, Council approved By-law 7769/20, which delegated authority to the Director, City Development & CBO to review and implement a City process supporting the creation of both new and extended temporary restaurant patio spaces. Two businesses in the Nautical Village were successful in establishing a temporary patio through this initiative. While this program has since concluded (to coincide with the Province’s complete lifting of occupancy restrictions), it is anticipated that the potential for future patios within the Nautical Village would be revisited as part of a broader community engagement with the new Waterfront Visionary Advisory Committee. Terms of Reference for the Waterfront Visionary Advisory Committee have been prepared for Council’s consideration, and are attached to this report (Attachment #2). The Terms of Reference indicate the committee’s mandate, goals, objectives and responsibilities, composition, member, qualifications, meeting schedule and budget and are before Council for their consideration and approval. - 299 - ENG 03-23 March 27, 2023 Subject: Waterfront Visionary Advisory Committee Page 4 Attachments: 1.Council Resolution #59/23 2.Terms of Reference Prepared By: Approved/Endorsed By: Richard Holborn, P.Eng. Richard Holborn, P.Eng. Director, Engineering Services Director, Engineering Services Fiaz Jadoon, Ec.D., CEcD, MPM, B. COMM (Hons) Director, Economic Development & Strategic Projects Catherine Rose, MCIP, RPP Chief Planner RH:mjh Original signed by:Original signed by: Original signed by: Original signed by: Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 300 - Legislative Services Division Clerk’s Office Directive Memorandum January 30, 2023 To: Marisa Carpino Chief Administrative Officer Susan Cassel City Clerk From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on January 23, 2023 Amendments to Boards and Committees/Taskforce Policy Council Decision Resolution #59/23 WHEREAS Section 05.01 of Policy ADM 040, Boards & Advisory Committees of Council, requires early in each new Council term, that Council shall review all Boards and Advisory Committees including, membership, composition and level of expertise or specialization required by Committee members for the selection process; And Whereas, Section 03.01 of ADM 040 provides that Boards and Advisory Committees are proposed by resolution of Council and established by a confirming by- law; And Whereas, each resolution shall incorporate the Terms of Reference for the specific Board/Advisory Committee; And Whereas, an Advisory Committee means a committee created by Council to provide input, advice and technical expertise on particular matters, act as a vehicle for public consultation on issues of municipal interest and make recommendations to Council; And Whereas, Council values the work of the members of Pickering’s Advisory Committees/Boards, as they provide Council and staff with important insight into the concerns and ambitions through a community lens; And Whereas, Section 02.01 of ADM 040 provides that “Council, under certain circumstances, may deem it necessary for Council representation on some Boards and Advisory Committees”, and the composition of each Committee, including whether a Member of Council is appointed to that Committee, is included in the individual Terms of Reference for each Committee; Now therefore be it resolved that that the Council of The Corporation of the City of Pickering directs the City Clerk to work with the Office of the CAO to conduct a review of all Boards and Advisory Committees reporting to Council and that this review include: Attachment #1 to Report ENG 03-23 - 301 - Please take any action deemed necessary. Susan Cassel 1.The creation of 3 new Advisory Committees being: a) Waterfront Visionary Advisory Committee to advise on best practices to preserve the nautical village marine theme and the implementation/restoration of a Waterfront that is environmentally sustainable and accessible; b) Community Safety and Wellbeing Advisory Committee that will be made up of a cross section of community representation including Neighbourhood Watch, Road Watch groups to advise on local community needs and suggested best practices; and that the group shall be responsible for the creation of a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering; c)Local & Small Business Advisory Committee that will advise on impacts of City Policy implications such as parking in the Nautical Village, relationships with City Economic Development and the measures that will assist businesses impacted by the intensification along Kingston Road; 2.Revisions to the Terms of Reference for the makeup of all Advisory Committees and or Task Forces that currently do not have an elected official representative to include the appointment of no greater than 2 members of Council whose role would be to act as a conduit between Council and their appointed committee as non-voting members; 3.Revisions to the Terms of Reference/Policies, of the Pickering Public Library, to enable the appointment of an additional member of Council to ensure Ward representation; 4. Establishing per meeting honorariums for the non-elected members of all advisory committees including the Pickering Library Board; 5.That the appointed Council Member(s) to all Advisory Committees/Boards be required to update the Members of Council on a monthly basis and that the Procedural By-law governing Council meetings and or Executive Meetings be amended to include an item enabling such reporting; 6.That the City Clerk and CAO report back no later than the end of Q1 with the findings of the review and the associated changes to Policy ADM 040 for Council’s consideration; and, 7.That the previous direction provided to staff, to report back on the legislated process to establish a BIA for the Nautical Village, through Resolution 930/22 and 931/22 be rescinded, as the businesses in the Nautical Village would be better served by the establishment of the new Local/Small Business Advisory Committee. - 302 - Terms of Reference Waterfront Visionary Advisory Committee 1.0 Mandate The Waterfront Visionary Advisory Committee is a committee of Council appointees who work in partnership with the community and City staff to provide information, advice and assistance on matters relating to the City of Pickering’s waterfront, specifically best practices to preserve the nautical village marine theme, and the implementation/restoration of a waterfront that is environmentally sustainable and accessible. 2.0 Goals, Objective and Responsibilities The Waterfront Visionary Advisory Committee will identify and recommend actions to fulfill the following goals and objectives: 1. Undertake to research and recommend initiatives that promote the waterfront and nautical village. 2.Look for opportunities to provide advice and/or recommendations to Council regarding the promotion, advocacy and awareness of the matters involving Pickering’s Waterfront. 3.Provide input into designs for future Waterfront projects that promotes the nautical village marine theme, environmental sustainability, and accessibility. 4.Further the themes/topics that emerged from the Pickering Waterfront and Nautical Village Community Engagement within the framework of the mandate of the Committee. 5.Liaise with the other appropriate Committees such as Cultural Advisory Committee and Accessibility Advisory Committee. 6.Undertake initiatives which will help raise the profile of Pickering’s Waterfront and the Nautical Village. 7.Report to Council on an annual basis, documenting the Committee’s activities, and accomplishments. Attachment #2 to Report ENG 03-23 - 303 - 3.0 Composition The Committee shall comprise of eleven (11) members as follows: 1 – Fairport Beach Neighbourhood Association 1 – West Shore Community Association 1 – Alkame Dragon Boat Services 3 – Broader Pickering Community Citizens 3 – Subject Expert Agencies/Organizations (TRCA, OPG, Region of Durham) 2 – Council Members (1 each from Ward 1, and Ward 2) All members will have voting rights except for the two Council Members. 4.0 Member Qualifications As per City Policy ADM 040, resident members must be a minimum of 18 years of age, and reside in Pickering. Committee members shall contribute time, knowledge, skill and expertise to the fulfillment of the committee’s mandate. 5.0 Meeting Schedule The Waterfront Visionary Advisory Committee shall meet quarterly on a date to be determined by the Committee. Meeting’s will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. 6.0 Budget The Director, Engineering Services shall be responsible for the Waterfront Visionary Advisory Committee budget, which shall be submitted annually in accordance with established City budget guidelines. The Director, Engineering Services will present a draft budget for review by the Waterfront Visionary Advisory Committee on an annual basis, prior to submission to the Chief Administrative Officer for approval. - 304 - Report to Council Report Number: FIR 02-23 Date: March 27, 2023 From:Steve Boyd Fire Chief Subject:Supply & Delivery of Harris Portable Radios & Associated Equipment -Quotation No. RFQQ2023-2 -File: A-1440-001-23 Recommendation: 1.That Quotation No. RFQQ2023-2, Supply & Delivery of Harris Portable Radios & Associated Equipment, submitted by Williams Communications Services in the amount of $394,770.00 (plus HST) be accepted; 2.That the total gross project cost of $446,090.00 (HST included) and the total net project cost of $401,718.00 (net of HST rebate) for the Supply & Delivery of Harris Portable Radios & Associated Equipment be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the net project costs of $401,718.00 as follows: a)the sum of $400,000.00 to be funded by a 5 -year internal loan as pre-approved for the 2023 Capital Budget; b)the residual sum of $1,718.00 to be funded from property taxes; c)the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and, 4.That the appropriate officials of the City of Pickering be authorized to take the nec essary actions as indicated in this report. Executive Summary: As per Council Resolution #51/23, Council approved the pre-budget request for the lifecycle replacement of portable radios and associated equipment that will assist the City either to provide public safety and protection to our residents, while ensuring the effectiveness and safety of Fire Services front line staff. L3 Harris is a Vendor of Record with Canoe Procurement Group, a collaborative agency which the City is a member of, and therefore, meets the criteria of a Cooperative Purchase as per Section 13.01 of the Purchasing Policy. Williams Communications Services is the authorized L3 Harris dealer under Canoe Procurement Group contract #042021-L3H. - 305 - FIR 02-23 March 27, 2023 Subject: Supply & Delivery of Harris Portable Radios & Associated Equipment Page 2 Financial Implications: 1.Quotation Amount 2.Estimated Project Costing Summary 3.Approved Source of Funds Project Cost under (over) approved funds by $98,282.00 Discussion: In 2014, Pickering Fire Services along with Durham Regional Police Service (DRPS) and other Durham Fire Services within the Region, moved to a new Harris P25 Next Gen radio system. The shared system and network is managed by DRPS and municipal users are responsible for their share of network/infrastructure costs based on the number of radios they have on the system. Additionally, each user/municipality is responsible for the purchase and maintenance of their own hardware (radios). The current Harris XG-75 model portable radios are nearing the end of their performance lifecycle and parts availability, and are in need of replacement. Recently, Fire Services staff have experienced several instances where radio batteries have lost their charge prematurely, resulting in a loss of effective communication. Furthermore, replacement batteries for the XG- 75 are no longer available. Quotation No. RFQQ2023-2 $394,770.00 HST (13%)51,320.10 Total Gross Quotation Cost $446,090.10 Quotation No. RFQQ2023-2 $394,770.00 Total Cost $394,770.00 HST (13%)51,320.00 Total Gross Project Costs $446,090.00 HST Rebate (11.24%)(44,372.00) Total Net Project Costs $401,718.00 Approved Code C10700.2303 Source of Funds Internal Loan – 5 Year Property Tax Total Funds Budget $500,000.00 0.00 $500,000.00 Required $400,000.00 1,718.00 $401,718.00 - 306 - FIR 02-23 March 27, 2023 Subject: Supply & Delivery of Harris Portable Radios & Associated Equipment Page 3 The proposed replacement for the Harris XG-75 is the Harris XL-185P, which has an improved battery life and charge hold. Specifications for this project were developed based on consultation with Purchasing staff, and the Fire Services Joint Health and Safety Committe e. Williams Communications Services has submitted a currently dated and signed Health & Safety Regulation form and a current WSIB Clearance Certificate. The Certificate of Insurance is deemed acceptable to the Division Head, Finance. In conjunction with the foregoing approvals, staff have reviewed the previous work experience of Williams Communications Services and the quotation is deemed acceptable. Upon careful examination of the quotation and relevant documents received, the Fire Services Department recommends that Quotation No. RFQQ2023-2 submitted by Williams Communications Services in the amount of $446,090.10 (HST included) and that the total net project cost of $401,718.00 be approved. Attachments: 1. Directive Memorandum, Council Resolution #51/23, dated January 30, 2023 2. Supply & Services Memorandum dated February 23, 2023 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Jason Yoshida Steve Boyd Deputy Fire Chief Fire Chief Original Signed By: Original Signed By: Cathy Bazinet, CPPB, NIGP-CPP Stan Karwowski, MBA, CPA, CMA Manager, Procurement Director, Finance & Treasurer JY:jm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 307 - Legislative Services Division Clerk's Office Directive Memorandum January 30, 2023 To: Marisa Carpino Chief Administ rative Officer From Susan Cassel City Clerk Attachment #1 to Report FIR 02-23 Subject: Direction as per Minutes of the Meeting of City Counci l hel d on January 23, 2023 Chief Administrative Office r, Report CAO 03-23 Pre 2023 Capital Budget Approva l Fire Services Portable Rad ios Council Decision Resolution #51/23 1.That Council approve the pre 2023 Capital Budget approval for the purchase of Fire Services portable radios (C10700 2303) in the amount of $500,000.00 to be funded from a 5-year internal loan; and, 2.That the appropriate City of Picker ing officials be authorized to take the necessary action to give effect hereto. Please take any action deemed necessary Susan Cassel Copy: Director, Finance & Treasurer Fire Chief - 308 - - 309 - Report to Council Report Number: FIR 03-23 Date: March 27, 2023 From: Steve Boyd Fire Chief Subject: 2023 Pre-Budget Approval: Installation of Hopes Cradle in Fire Station # 2 -Gems for Gems, March 6, 2023 Executive Committee Meeting Item 5.1, Delegate 3.2 -File: A-1440-001-23 Recommendation: 1. That Report FIR 03-23 regarding the installation of a Hopes Cradle safe infant surrender shelter be received; 2. That 2023 Capital pre-budget be established for the estimated installation costs of the Hopes Cradle in the amount of $25,000.00 (net of HST rebate) to be funded from the Casino Reserve; 3. That the ongoing remote monitoring costs of $30.00 (HST excluded) per month be included in the annual Current Budget; 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: At the Executive Committee Meeting of March 6, 2023, Council requested that staff prepare a preliminary substantive Report to Council regarding the feasibility of the installation of a Hopes Cradle in Pickering Fire Station 2, located at 553 Kingston Road. Financial Implications: The estimated total cost for the project is $25,000.00 (net of HST rebate), plus $30.00 (HST excluded) per month for remote monitoring. It is recommended that pre-budget approval is given for the installation of the Hopes Cradle in the amount of $25,000.00 (net of HST rebate) to be funded from the Casino Reserve. The ongoing remote monitoring costs of $30.00 (HST excluded) per month will be included in the annual Current Budget. Discussion: Hopes Cradle is a non-profit organization that is managed and operated under the larger charitable organization – Gems for Gems based in Calgary, Alberta. The mission of Hope’s Cradle is to provide collaborative support to new mothers in need and to save new born infants from unsafe abandonment. - 310 - FIR 03-23 March 27, 2023 Subject: Installation of Hopes Cradle in Fire Station # 2 Page 2 Hopes Cradle provides the safe surrender process for infants through specialized drop-off installations of which the majority are situated in municipal fire halls across North America. Currently, there is one Hopes Cradle installation in Strathmore, Alberta, with current discussions to install one in Clarington, Ontario. On January 11, 2023, the Pickering Fire Services Fire Chief attended an initial meeting with Mayor Ashe, and Hopes Cradle representative Lynn Jeffs. At this meeting, Ms. Jeffs presented her vision of a Hopes Cradle installation for a Pickering fire hall and discussed with the Fire Chief and the Mayor details of the organization’s mandate and vision, as well as which Pickering Fire Station would be best suited for installation of a unit. Given its proximity to the Pickering/Toronto border, the access to bus routes, and the adaptive and suitable design of the building, Fire Station 2 located at 553 Kingston Road in Pickering was identified as the best suited location for an installation of a Hopes Cradle. The installation requires a footprint area that is 32” long x 32” wide by 30” deep. There are several tall windows on the west side of the apparatus bay in Fire Station 2 that are between 32”-40” wide and 80” high and may be utilized as an opening to facilitate the installation of the unit. There would be minimal encroachment onto the apparatus bay floor area, and there is ample 120V AC power in proximity of the proposed installation location. Installation is provided by a vendor contracted by Gems for Gems, and through discussion with the City’s Human Resources department and Risk Management Division, it has been determined that the installer meets all the WSIB and liability insurance requireme nts to perform the work on site. The time required for installation and testing is approximately two weeks. Prepared By: Steve Boyd Fire Chief SB:jm Recommended for the consideration of Pickering City Council Approved/Endorsed By: Stan Karwowski Director, Finance & Treasurer Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Original Signed By Original Signed By - 311 - Report to Council Report Number: LEG 04-23 Date: March 27, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Regulation of Short Term Rentals - File: L-2100-001-22 Recommendation: That Report LEG 04-23 regarding the regulation of short term rentals be received for information. Executive Summary: Staff propose to address the regulation of short term rental (STRs) properties with a staff report recommending increases to the fines for violating Noise Control By-law 6834/08 and recommending revisions to Nuisance By-law 7773/20 which will increase the situations where charges can be laid and will provide a provision to order a nuisance activity to stop. This will be included in the Report to the Executive Committee in May 2023. In addition, a full review of the City’s Noise Control By-law 6834/08 including public consultation will be completed, as per Report BYL 04-23 dated March 6, 2023. Staff will continue to review the feasibility and advisability of enacting a licensing by-law for STRs, and that public and stakeholder consultation be carried out with respect to same. Recommendations for appropriate zoning by-law provisions for STRs will be formulated as part of the City’s Consolidated Zoning By-law review process. Staff will continue to utilize the Traffic and Parking By-law to resolve parking complaints related to rental properties. Staff will work with STR platforms (including but not limited to Airbnb and VRBO) to address any and all problem properties by filing reports and making requests to have such properties removed from STR platforms. Financial Implications: None. Discussion: At its February 27th, 2023 meeting, Council considered Report LEG 03-23 regarding the regulation of short term rentals (“STRs”). In Report LEG 03-23, staff had proposed to regulate STRs by means of zoning by-law provisions and a licensing by-law. An amendment to the City’s Noise Control By-law was also proposed. Staff’s proposals are set out in greater detail in Report LEG 03-23 (Attachment 1 to this Report). Report LEG 03-23 was referred back to staff with a direction to bring forward a revised work plan following the March 7, 2023 meeting with Durham Regional Police Service. -aft;of- Pl(KERJNG - 312 - LEG 04-23 March 27, 2023 Subject: Regulation of Short Term Rentals Page 2 A meeting with Durham Regional Police Service and concerned residents has taken place, and staff now propose the following: 1. That staff complete a Report to Council’s May Executive Committee meeting recommending increases to the fines for violating Noise Control By-law 6834/08. 2. That staff complete a Report to Council’s May Executive Committee meeting recommending revisions to Nuisance By-law 7773/20 which will increase the situations where charges can be laid and will provide a provision to order a nuisance activity to stop. 3. In addition to Item 1 above, that staff complete a full review of the City’s Noise Control By-law 6834/08 including public consultation, as per Report BYL 04-23 dated March 6, 2023. 4. That staff continue to review the feasibility and advisability of enacting a licensing by- law for STRs, and that public and stakeholder consultation be carried out with respect to same. 5. That recommendations for appropriate zoning by-law provisions for STRs be formulated as part of the City’s Consolidated Zoning By-law review process. 6. That staff continue to utilize the Traffic and Parking By-law to resolve parking complaints related to rental properties. 7. That staff work with STR platforms (including but not limited to Airbnb and VRBO) to address any and all problem properties by filing reports and making requests to have such properties removed from STR platforms. The amendments to the Noise Control and Nuisance By-laws will provide tools to address the most common concerns related to STRs. The issues that will be addressed by the amendments will include: gatherings/parties, alcohol consumption in a public place, noise levels/complaints, fighting, destruction of property and other nuisance behavior. Staff have reviewed many Nuisance and Nuisance Party By-laws in place in other jurisdictions as part of the “best practices scan” currently underway. This review will inform staff Recommendations to Council (Items 1 and 2 above). The licensing of Short Term Rentals will be subject to further study and public consultation. It must be recognized that problem STR operators are less likely to comply with the licensing requirements, and the licensing of STRs will only provide for additional charges to be laid. Licensing may not be as effective a tool as the proposed amendments to the City’s Noise Control and Nuisance By-laws. The Recommendations being brought forward to the May Executive Committee Meeting (Items 1 and 2 above) will include significantly higher fines for noise violations caused by income- generating properties and activities. Such increased fines will be a strong deterrent to nuisance behaviour at STR properties. The Durham Regional Police Service supports both the increase to Noise Control By-law fines and the additional Nuisance By-law provisions. DRPS has - 313 - LEG 04-23 March 27, 2023 Subject: Regulation of Short Term Rentals Page 3 assisted by suggesting by-law provisions that have proven helpful elsewhere in Durham Region. Staff will continue to track and monitor trends related to STRs. The effectiveness of the changes to the Noise Control By-law and Nuisance By-law will guide staff’s future recommendations related to STR licensing. Attachments: 1. Report to Council LEG 03-23 Prepared/Endorsed By: Paul Bigioni Director, Corporate Services & City Solicitor Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Original Signed By: - 314 - -01fo/- PJ(KERJNG From: Subject: Paul Bigioni Director, Corporate Services & City Solicitor Regulation of Short Term Rentals -File: L-2100-001-22 Recommendation : Report to Council Report Number: LEG 03-23 Date: February 27, 2023 1. That Report LEG 03-23 regarding the regulation of short term rentals be received for information . Executive Summary: By Resolution #929/22 dated June 30, 2022, Council directed staff to report on the advisability of implementing a by-law similar the Town of Ajax's By-law 115- 2013 (By-law for the Licensing and Regulating of Lodging Houses). Having reviewed Ajax's By-law 115-2013, and having consulted with Ajax staff, City staff advise against the implementation of a similar by-law in Pickering. Such a by-law would not be effective in regulat ing short term rentals . Short term rentals ("STR") of residential properties have become commonplace since the advent of platforms such as Airbnb and VRBO. In Pickering, STR properties have created some nuisance, noise and parking issues . Though problems caused by STRs to date have not been numerous, it is wise to proactive ly regulate them, to help ensure the safety of residential communities and to minimize the extent to which short term vacation rentals reduce the availability of housing for families in need of long term accommodation. In March , 2023, staff will submit a Report to Council regarding the need for a new Noise Control By-law. As part of that Report, staff will re com mend that the new Noise Control By-law provid e for significantly higher fines for noise violations caused by income-generating properties and activities. Such increased fines will be a strong deterrent to STRs causing nuisance problems for surrounding neighbourhoods. To more comprehensively regulate STRs, staff will be proposing a combination of zoning by- law provisions and a new licensing by-law. Zoning provisions will be considered by City Development staff in the context of the consolidated zoning by-law exercise. Planning policy objectives for regulating STRs will be identified . STR regulation will aid in the enforcement of the City's existing noise, nuisance, property standards and parking by-laws, for the purpose of ensuring safe and welcoming neighbourhoods. STR regulation can also help ensure the availability of rental housing stock for long term rental , for the purpose of addressing the Provincially recognized housing shortage. Attachment #1 to LEG 04-23 - 315 - LEG 03-23 Subject: Short Term Rentals Financial Implications : None February 27, 2023 Page 2 Discussion: By Resolution #929/22 dated June 30, 2022, Council directed staff to report on the advisability of implementing a by-law similar the Town of Ajax's By-law 115-2013 (By-law for the Licensing and Regulating of Lodging Houses). This direction resulted from concerns expressed by then Councillor Bill McLean about nuisances caused by specific STR properties. Having reviewed Ajax's By-law 115-2013, and having consulted with Ajax staff, City staff advise against the implementation of a similar by-law in Pickering . Such a by-law would not be effective in regulating STRs. That being said, City staff recognize the importance of regulating STRs to minimize impacts on nearby properties and communities, and to address parking, nuisance and noise problems. After reviewing best practices in other Ontario municipalities, staff advise that a combined zoning-licensing approach is the best way to regulate STRs, and to minimize their impact on surrounding neighbourhoods. This approach will require new zoning by-law provisions which could be employed to define the areas in which STRs are permitted, limit STRs to the operator's principal residence, and even to limit the total number of STRs in a given neighbourhood. The new zoning provisions will be considered by City Development staff in the context of the consolidated zoning by-law exercise. Planning policy objectives for regulating STRs will be identified . STR regulation will complement the enforcement of the City's existing noise, nuisance, property standards and parking by-laws, for the purpose of ensuring safe and welcoming neighbourhoods. STR regulation can also help ensure the availability of rental housing stock for long term rental , for the purpose of addressing the Provincially recognized housing shortage. STR provisions will be included in the next draft of the City's Consolidated Zoning By-law, which will then go to public consultation . City Development staff intend to present the final draft Consolidated Zoning By-law for Council 's consideration in Fall , 2023. Together with new zoning provisions, a companion licensing by-law could impose licence conditions on STR operators, such as: (a) payment of a licence fee , (b) compliance with set operating standards and applicable by-laws, (c) requiring renters to acknowledge and agree to set standards of behaviour, (d) maintaining and disclosing rental records ; and (e) maintaining adequate insurance coverage . Licensing standards would enable the City to revoke the licence of STR operators who fail to comply with these licence conditions. Municipal Law Enforcement staff will draft the licensing by-law at the same time that work is underway on the zoning provisions. Public and industry consultation will help inform the content of the new lice nsing by- law. While work is underway on the zoning and licensing by-laws required to comprehensively regulate STRs, staff will recommend an enhancement to the City's Noise Control By-law that will help minimize unwanted noise from STRs. In March, 2023, staff will submit a Report to Council regarding the need for a new Noise Control By-law. As part of that Report, staff will recommend that the new Noise Control By-law provide for significantly higher fines for noise violations caused by income-generating properties and activities. Such increased fines will be a strong deterrent to STRs causing nuisance problems for surrounding neighbourhoods. - 316 - LEG 03-23 Subject: Short Term Rentals Attachments: None. Prepared/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer February 27, 2023 Page 3 - 317 - Report to Council Report Number: LEG 05-23 Date: March 27, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2023 Pre-Budget Approval: Information Technology Capability Study File: A-3700 Recommendation: 1.That Proposal No. RFP2022-5, for Consulting Services for an Information Technology Capability Study submitted by KPMG LLP, in the amount of $65,800.00 (excluding HST) be accepted; 2.That the total net project cost of $66,958.00 (net of HST rebate) be approved; 3.That Council provide pre-budget approval and authorize the Director, Finance & Treasurer to finance the net project cost of $66,958.00 from the Rate Stabilization Reserve; and 4.That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to this Report. Executive Summary: The draft 2023 Current Budget provides funding for an Information Technology (IT) Capability Study. This Study will provide the City with much-needed guidance regarding the level of IT staffing required to meet the City’s growing demands. Request for Proposal No. RFP2022-5 was issued on December 8, 2022 and closed on January 12, 2023 with four (4) proposals submitted. The Evaluation Committee, consisting of staff from the Corporate Services Department, reviewed and evaluated the proposals received using criteria outlined in the bid document. It is the recommendation of the Evaluation Committee that KPMG LLP, as the highest scoring Proponent, be retained to undertake the IT Capability Study, at a cost of $65,800.00 (excluding HST). The total net project cost is estimated to be $66,958.00. In accordance with Section 10.04 of the Purchasing Policy, where the project cost of a consulting assignment is more than $50,000.00, the award is subject to the approval of Council. -04Jof- Pl(KERJNG - 318 - LEG 05-23 March 27, 2023 Subject: 2023 Pre-Budget Approval: Information Technology Capability Study Page 2 Financial Implications: 1. Proposal Amount Proposal No. RFP2022-5 $65,800.00 HST (13%) Total Gross Project Amount $ 8,554.00 $74,354.00 2. Estimated Project Costing Summary Proposal No. RFP2022-5 $65,800.00 HST (13%) $ 8,554.00 Total Gross Project Costs $74,354.00 HST Rebate (11.24%) ($7,396.00) Total Net Project Costs $66,958.00 3. Approved Source of Funds – 2022 Current Budget Expenditure Account Source of Funds Budget Required 502230.10405 Rate Stabilization Reserve $67,000.00 $66,958.00 Total Funds $67,000.00 $66,958.00 Net project costs under (over) approved funds $42.00 Discussion: The draft 2023 Current Budget provides funding for an IT Capability Study. The City’s growth has and will continue to increase the demands placed on the City’s many services and the administrative functions and the systems required to support those services. Increasingly, the City relies on technology solutions, both cloud-based and on-premises, to deliver services and maintain day-to-day operations. This in turn places demands on the City’s IT infrastructure and staff. The IT Capability Study is required to assess the City’s IT staffing needs to meet this growing demand. Request for Proposal No. RFP2022-5 was issued on December 8, 2022 and closed on January 12, 2023 with four (4) proposals submitted. The Evaluation Committee consisting of - 319 - LEG 05-23 March 27, 2023 Subject: 2023 Pre-Budget Approval: Information Technology Capability Study Page 3 staff from the Corporate Services Department, reviewed and evaluated the proposals received using criteria outlined in the bid document. Proposals were evaluated and scored based on the consultant’s experience on similar projects, their understanding of the project, proposed work plan and deliverables, project team overview, quality of their references, quality of their proposal and their pricing. KPMG LLP was the highest-ranked Proponent, and is recommended for award. The award remains subject to receipt and approval of all documents required as pre-conditions of award, as identified in the bid document. Upon careful examination of all proposals and relevant documents received, the Evaluation Committee recommends acceptance of Proposal No. RFP2022-5 submitted by KPMG LLP in the amount of $65,800.00 (excluding HST) and approval of the total net project cost of $66,958.00 (net of HST rebate). Attachments: 1. None. Prepared/Endorsed By: Approved/Endorsed By: Paul Bigioni Cathy Bazinet, CPPB, NIGP-CPP Director, Corporate Services & City Solicitor Manager, Procurement Stan Karwowski, MBA, CPA,CMA Director, Finance & Treasurer PB:dq:ks Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: Original Signed By: - 320 - Report to Council Report Number: OPS 02-23 Date: March 27, 2023 From: Brian Duffield Director, Operations Subject: Emergency Structural Repairs at Dunbarton Indoor Pool - File: A-1440 Recommendation: That Report OPS 02-23 regarding Emergency Structural Repairs at Dunbarton Indoor Pool be received for information only, in accordance with Section 12 of the Purchasing Policy (PUR010). Executive Summary: Dunbarton Indoor Pool (DIP) was constructed in 1972 and was 50 years old in 2022. Staff undertook a structural condition assessment of DIP in late 2020 as part of standard due diligence review for an aging facility. A variety of structural repairs were identified, including recommended timelines for each task. Capital budgets were subsequently approved for capital work, including design in 2021 and construction in 2022. Staff planned a window for completion of this work in August 2022, as closure of the facility was required to accommodate the work between aquatics program cycles. Unfortunately, due to depleted staffing levels in early 2021, procurement for the work was unable to proceed in time to meet the required schedule and planned closure. Aquatics programming had only just recently resumed following repeated shutdowns during the COVID pandemic and it was necessary to complete the required repairs in time with the engineering recommendations and to prevent loss of programming and revenue. In accordance with Section 12.01 of the Purchasing Policy, where the cost of emergency repairs exceeds $50,000.00, the Treasurer and CAO shall be notified and the Director shall submit a report of the incident to the appropriate Committee and Council. Submission of the required report was delayed due to the pending election in the Fall of 2022 and dissolution of Council. - 321 - OPS 02-23 March 27, 2023 Subject: Emergency Structural Repairs at Dunbarton Indoor Pool Financial Implications: 1. Project Costing Summary Emergency Repair Costs $69,400.00 Emergency Repair: Consulting Costs 4,800.00 HST (13%) 9,646.00 Total Gross Project Costs $83,846.00 HST Rebate (11.24%) (8,340.00) Total Net Project Cost $75,506.00 2. Approved Source of Funds - Community Centres Capital Budget Approved Code C10210.2101 Source of Funds Rate Stabilization Funds Available $195,000.00 Funds Required $75,506.00 Project Cost under (over) approved funds by $119,494.00 Discussion: Operations Services’ staff routinely undertake review of aging facilities in order to maintain a current understanding of critical building components and to plan for the eventual replacement of assets nearing end of life. Structural assessments of DIP were completed in November 2020 which recommended a variety of repairs to the main pool roof and the lower roof over the change room suites. The engineering report identified a need to complete the recommended repairs within 6 to 12 months. These were successfully completed in 2021. A second and more complex stage of repairs was recommended to be completed within two to five years. Funding for the related design work was approved in 2021, and construction in 2022. More detailed investigations completed during the design stage identified several items that were more urgent than originally thought, and it became necessary to advance the project timelines. These included checking in the major wood beams supporting the roof over the pool, signs of fatigue in open web steel joists supporting the lower roof over the dressing room, in addition to a series of other minor localized repairs. Community Services’ staff provided a window for closure of the pool in August 2021 and construction documents were prepared for tender. Staffing levels in the Supply & Services section were at a challenging level during this time due to COVID and support of the SAP project and therefore, could not be tendered and awarded in time to order and receive the necessary materials while still maintaining the necessary schedule. Having just re-opened this facility and restored public access to aquatics programming, combined with the urgency of the needed repairs confirmed during the additional investigative work completed during the design stage, the work was ordered to proceed immediately in the interest of maintaining a basic service. All work was completed within the planned window of work using the same contractor that had completed the initial, immediate repairs recommended by the engineering report, and under budget. - 322 - OPS 02-23 March 27, 2023 Subject: Emergency Structural Repairs at Dunbarton Indoor Pool In accordance with Section 12.01 of the Purchasing Policy, where the cost of emergency repairs exceeds $50,000.00, the Treasurer and CAO shall be notified and the Director shall submit a report of the incident to the appropriate Committee and Council. Submission of the required report was delayed due to the pending election in the Fall of 2022 and dissolution of Council. Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer Original Signed By: Vince Plouffe, OAA, MRAIC Division Head, Operations Services VP:nm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 323 - Report to Council Report Number: OPS 08-23 Date: March 27, 2023 From: Brian Duffield Director, Operations Subject: Don Beer Arena Capital Project Pre-Budget Approvals - File: A-1440 Recommendation: 1. That Report OPS 08-23 regarding Don Beer Arena Capital Project Pre-Budget Approvals be received; 2. That pre 2023 Capital Budget be established for Structural Repairs in Rink 3 at Don Beer Arena, in the amount of $120,000.00 (net HST rebate), be approved; 3. That pre 2023 Capital Budget be established for Rink 1 and 2 Refrigeration Plant lifecycle equipment replacement at Don Beer Arena, in the amount of $143,000.00 (net HST rebate), be approved; 4. That the Director, Finance & Treasurer be authorized to finance the project budget of $120,000.00 (net HST rebate) by a transfer from the Don Beer Arena Reserve; 5. That the Director, Finance & Treasurer be authorized to finance the project budget of $143,000.00 (net HST rebate) from Federal Gas Tax; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: Structural steel condition assessment completed in Rink 3 at Don Beer Arena in 2022 identified corroded splice bolts at various locations and recommended that they be replaced within 12 months. A separate mechanical engineering review for the refrigeration plant serving Rinks 1 and 2 at Don Beer Arena was completed in 2018 and identified staged repairs and component replacements required to ensure the continued safe operation of the plant. The initial phase of repairs was completed in 2019. The engineer’s report recommended that a second phase of work be completed in 2023, including the overhaul of the existing compressors. Design work for both scopes of work was completed in 2022 and both scopes of work are ready for procurement. Pre-budget approval is required in order to award and commence these projects as soon as possible once the Rink 1 and 2 refrigeration plant is shut down for the summer and after completion of the primary programming season in Rink 3. It is recommended that pre 2023 Capital Budget be established for Structural Repairs in Rink 3 at Don Beer Arena, in the amount of $120,000.00 (net HST rebate) and for Rink 1 and 2 - 324 - OPS 08-23 March 27, 2023 Subject: Don Beer Arena Capital Project Pre-Budget Approvals Refrigeration Plant lifecycle equipment replacement at Don Beer Arena, in the amount of $143,000 (net HST rebate), be approved to allow the necessary repairs to be completed as soon as possible and to minimize any impact on program offerings. Financial Implications: Both capital projects are included in the preliminary draft 2023 Capital Budget. Structural Repairs in Rink 3 at Don Beer Arena, in the amount of $120,000.00 (net HST rebate), will be funded by the Don Beer Arena Reserve. Rink 1 and 2 Refrigeration Plant lifecycle equipment replacement at Don Beer Arena, in the amount of $143,000 (net HST rebate), will be funded from the Federal Gas Tax Reserve Fund. The Don Beer Arena Reserve and the Federal Gas Tax Reserve Fund both have sufficient funds to undertake these projects. Discussion: Corroded splice bolts were identified as part of major structural assemblies in Rink 3 at Don Beer Arena as part of a routine structural condition assessment completed by Barry Bryan Associates in October 2022. The engineering report recommended that the corroded bolts be replaced within 12 months. Design work for the required repairs was completed in late 2022 and is ready to be issued for procurement. Rink 3 is expected to host the City’s summer ice programs this year, but the nature of the required work allows for it to be completed over the ice surface with proper protection. The preferred window to complete the repairs is in April 2023, requiring immediate procurement and award in order to achieve this schedule. A detailed engineering review of the plant was completed by TS Engineering in late 2018, providing recommendations for immediate and longer term repairs. The most urgent repairs were completed in 2019. Longer term work was recommended to be completed in 2023 and includes lifecycle rebuilding of the existing compressors and replacement of pumps and other related components. Completing these repairs should extend the life of the plant by approximately ten years. All required design work and technical documents has been completed and are ready to be issued for procurement. Ice is typically removed in the City’s arena facilities in April and reinstalled in late August. Late planned budget approval in April this year will impact timing for retrofit and overhaul of the refrigeration plant serving Rinks 1 and 2. The long lead times required to secure the necessary materials renders it necessary to award this work as soon as possible in order to complete the project prior to restoring ice to Rinks 1 and 2 for resumption of programming in the Fall. Different trades will be required to complete each of the two scopes of work, which must therefore be tendered and awarded separately. It is recommended that pre 2023 Capital Budget be established for Structural Repairs in Rink 3 at Don Beer Arena, in the amount of $120,000.00 (net HST rebate) and for Rink 1 and 2 Refrigeration Plant lifecycle equipment replacement at Don Beer Arena, in the amount of $143,000 (net HST rebate), be approved to allow the necessary repairs to be completed as soon as possible and to minimize any impact on program offerings. - 325 - OPS 08-23 March 27, 2023 Subject: Don Beer Arena Capital Project Pre-Budget Approvals Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer Original Signed By: Original Signed By: Vince Plouffe, OAA, MRAIC Sarah Douglas-Murray Division Head, Operations Services Director, Community Services VP:nm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 326 - Report to Council Report Number: OPS 09-23 Date: March 27, 2023 From: Brian Duffield Director, Operations Subject: T2023-2 Various Parks Pathway Reconstruction - Mitchell Park, South Pine Creek Ravine Park, Bay Ridges Kinsmen Park - File: A-1440 Recommendation: 1. That Report OPS 09-23 regarding Various Parks Pathway Reconstruction at Mitchell Park, South Pine Creek Ravine Park, and Bay Ridges Kinsmen Park be received; 2. That the total gross project cost of $359,487.00 (HST included), including the amount of the tender, contingency, consulting and other associated costs, and the total net project cost of $323,729.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $323,729.00 as approved in the 2020-2022 Capital Budgets as follows: a) The sum of $139,436.00 from Property Taxes as approved in the 2020 Capital Budget; b) The sum of $100,000.00 from the Rate Stabilization Reserve as approved in the 2021 Capital Budget; c) The sum of $84,293.00 from the Federal Gas Tax Reserve Fund as approved in the 2022 Capital Budget; and 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: Existing pathways and associated infrastructure at Mitchell Park, 887 Modlin Road; Bay Ridges Kinsmen Park, 705 Sandy Beach Road; and, South Pine Creek Ravine Park, 1241 Glenanna Road require lifecycle repairs and replacement. Projects at all three locations were combined into a single tender for additional efficiency. Tender T2023-2 was issued on February 9, 2023, and closed on February 23, 2023. Ten bids were received. Subject to receipt and approval of all submittals required by the tender documents, the low compliant bid submitted by Gray’s Landscaping & Snow Removal Inc. in the amount of $264,556.81 (HST included) is recommended for approval. The total gross project cost is estimated to be $359,487.00 and the total net project cost is estimated at $323,729.00 (net of HST rebate). - 327 - OPS 09-23 March 27, 2023 Subject: T2023-2 Various Parks Pathway Reconstruction Financial Implications: 1. Tender Amount T2023-2 $234,129.92 HST (13%) 30,436.89 Total Gross Tender Cost $264,566.81 2. Estimated Project Costing Summary T2023-2 (Mitchell Park) $52,249.00 T2023-2 (South Pine Creek) 99,113.00 T2023-2 (Bay Ridges Kinsmen) 74,768.00 Testing & Inspection 8,000.00 Consulting 50,000.00 Contingency (12%) 34,000.00 Total Project Cost $318,130.00 HST (13%) 41,357.00 Total Gross Project Costs $359,487.00 HST Rebate (11.24%) (35,758.00) Total Net Project Cost $323,729.00 3. Approved Source of Funds – Parks’ Capital Budget Approved Code Source of Funds Funds Available Funds Required C10320.2007 Property Taxes $150,000.00 $139,436.00 C10320.2104 R-Rate Stabilization $100,000.00 $100,000.00 C10320.2207 Federal Gas Tax $150,000.00 $84,293.00 Total Funds $400,000.00 $323,729.00 Project Cost under (over) approved funds by $76,271.00 Costs shown above include previously committed and separately awarded consulting and related project fees. They are funded from the same accounts and have been included for clarity regarding the total cost of the project. Discussion: Work at Mitchell Park involves lifecycle replacement of the existing pathway connecting the parking lot at the southwest corner of the park to the playground, including the section running north to Modlin Road. No work on the actual playground is included in this scope of work. Pedestrian gates will be added at the parking lot end of the path. - 328 - OPS 09-23 March 27, 2023 Subject: T2023-2 Various Parks Pathway Reconstruction Work at Bay Ridges Kinsman Park involves replacement of sections of pathway at four different locations, including a section along Sandy Beach Road, between the gravel parking lot and OPG training centre driveway, over the culverts connecting the gravel parking lot to the soccer fields and the soccer fields to the baseball diamonds, as well as the area between the washroom building and picnic shelter, east of the tennis courts. Work at South Pine Creek Ravine Park involves lifecycle replacement of the existing walkway from Glenanna Road to the pedestrian bridge and sidewalk connecting Bronte Square to Storrington Street. The path runs behind existing houses along the Bronte Square side of the ravine. All work is to be completed during the summer of 2023. Completion dates have been specified for each location and coordinated with planned events and programming, such as Canada Day celebrations. Tender T2023-2 was issued on February 9, 2023, and closed on February 23, 2023. Ten bids were received. Subject to receipt and approval of all submittals required by the tender documents, the low compliant bid submitted by Gray’s Landscaping & Snow Removal Inc. in the amount of $264,556.81 (HST included) is recommended for approval. The total gross project cost is estimated to be $359,487.00 and the total net project cost is estimated at $323,729.00 (net of HST rebate). Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Rob Gagen Stan Karwowski, MBA, CPA, CMA Manager, Parks and Property Director, Finance & Treasurer Original Signed By: Original Signed By: Vince Plouffe, OAA, MRAIC Brian Duffield Division Head, Operations Services Director, Operations BD:vp - 329 - OPS 09-23 March 27, 2023 Subject: T2023-2 Various Parks Pathway Reconstruction Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 330 - Report to Council Report Number: OPS 10-23 Date: March 27, 2023 From: Brian Duffield Director, Operations Subject: Additional Costs for Tillings Yard Remediation - File: A-1440 Recommendation: 1. That Report OPS 10-23 regarding additional costs for the Tillings Yard Remediation project be received; 2. That the total net project cost increase from $3,200,000.00 (net of HST) to $3,448,186.00 net of HST be approved; 3. That Director, Finance & Treasurer be authorized to finance the additional costs referenced in Recommendation 2 in the amount of $248,186.00 (net of HST) by a transfer from the Operations Centre Reserve Fund; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: Remediation work at the Tillings Yard, former site of the Pickering Operations Centre at 2570 Tillings Road, was completed in the Fall of 2022, following the approval of Report OPS 16-22 (Resolution #954/22). Many of the costs associated with that work were based on estimated unit rate quantities established during the initial environmental assessment process. Actual quantities required to complete the work could only be established as it proceeded. A final tally of costs incurred for remediation has exceeded the approved budget by a value of $88,893.93 plus HST. The City has also incurred additional costs required to support its risk assessment submission to the Ministry of the Environment, Conservation and Parks (MECP), and to support the Durham District School Board (DDSB) as it develops its designs for a future elementary school on this site. Costs include geotechnical testing, species at risk assessment, additional boreholes samples and laboratory fees. The process is at a critical stage as the City prepares to obtain the Record of Site Condition required for the land sale to occur. Additional funds are required to obtain a formal land value appraisal to establish fair market value. The previous project contingency has been fully expended and additional contingency is requested to address any additional work that may be required by MECP. Capping and monitoring wells will be required as part of the final scope of work on this property. The specific methodologies for capping must be developed in coordination with DDSB’s designs for the site in order to avoid duplication of cost and effort on behalf of both parties. Financial considerations for these specific items will be negotiated separately between the City and DDSB as part of the sale of land. - 331 - OPS 10-23 March 27, 2023 Subject: Additional Cost for Tillings Yard Remediation Financial Implications: 1. Approved Funding as per CS 01-19, CS 19-21 & OPS 16-22 CS 01-19 & CS 19-21 (Consulting Services for Remediation of Tillings Ops. Ctr.) OPS 16-22 (Tillings Yard Remediation) $474,504.00 2,590,000.00 Subtotal $3,064,504.00 HST (13%) 398,385.52 Total Gross Tender Cost $3,462,889.52 2. Estimated Project Costing Summary CS 01-19, CS 19-21 & OPS 16-22 $3,064,504.00 Phase 1 Demolition Costs (T-28-2019 and related costs) 80,150.00 Remediation Cost Overage 88,893.00 Land Appraisal 15,000.00 Additional Contingency 140,000.00 Total Project Cost $3,388,548.00 HST (13%) 440,511.00 Total Gross Project Costs $3,829,059.00 HST Rebate (11.24 %) (380,873.00 Total Net Project Cost $3,448,186.00 3. Approved Source of Funds - Community Centres Capital Budget Approved Code Source of Funds Funds Available Funds Required C10300.1901 Operations Centre Reserve Fund $3,200,000.00 $3,200,000.00 C10300.1901 Operations Centre Reserve Fund 0.00 248,186.00 Total Funds $3,200,000.00 $3,448,186.00 Project Cost under (over) approved funds by ($248,186.00) Accounts 5315.1802 and 5315.1901 are related to the Operations Centre Demolition and Site Remediation Plan project. The accounts have been merged into C10300.1901, with a combined budget of $3,200,000.00 (net of HST). The available funds listed above represent the balance remaining after all previously approved commitments. - 332 - OPS 10-23 March 27, 2023 Subject: Additional Cost for Tillings Yard Remediation Discussion: Staff relocated to the newly completed Operations Centre at 1955 Clements Road in the summer of 2019. The existing buildings at the 2570 Tillings Road site were subsequently demolished. Only foundations, slabs on grade, and related underground amenities currently remain. All site services have been decommissioned, capped and/or disconnected. Cambium Inc. were retained as the City’s consultant to facilitate the environmental approvals and processes required to complete remediation work and obtain the Record of Site Condition (RSC) required for sale of the lands. Cambium completed site investigations and testing required to prepare initial Phase 1 and Phase 2 Environmental Site Assessments. A variety of contaminants of concern have been found on the property, of types and in concentrations to be expected with its past use. The most prevalent source of soil contamination is the presence of salt, which is also found in some of the groundwater throughout the site, and to significant depth below grade. In June 2022, Council approved Report OPS 16-22, authorizing staff to proceed with the remediation work required to obtain the RSC. The presence of salt in the groundwater cannot be remediated, meaning that it will not be feasible to achieve the Ministry’s standard class 1 or class 2 soil classifications, which are normally required for uses such as residential development and schools. Completion of a Risk Assessment submission, in accordance with O.Reg. 153/04, will be required to obtain the record of site condition and permit managing in place salt-related contamination and the remediation of the remaining contaminants of concern. This work was completed in the Fall of 2022, involving localized removal of contaminated soils and ongoing testing to verify that all material above MECP threshold had been removed. It is typical for this work to be awarded on a unit rate basis, as was done in this case. Final tally of all related costs resulted in a cost overrun of $88,893.00 plus HST above the total approved budget, including all available contingency. The City’s Risk Assessment submission was formally received by MECP on January 16, 2023. City staff and supporting consultants are actively communicating with MECP to push for the required approvals in order to obtain the RSC and other documents required to facilitate the sale of land to DDSB. These are required before construction of the school can begin. At this stage, additional funding is required to cover the cost overrun from the remediation work, obtain a land appraisal and cover related consulting fees, including: updated surveys, additional excavation and testing that may be requested by MECP, and installation of monitoring wells, etc. Additional costs will be offset at a later date by proceeds from the sale of the Tillings property. - 333 - OPS 10-23 March 27, 2023 Subject: Additional Cost for Tillings Yard Remediation Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Brian Duffield Cathy Bazinet, CPPB, NIGP-CPP Director, Operations Manager, Procurement Original Signed By: Original Signed By: Vince Plouffe, OAA, MRAIC Stan Karwowski, MBA, CPA, CMA Division Head, Operations Services Director, Finance & Treasurer BD:vp Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 334 - Memo To: Mayor Ashe and March 27, 2023 Members of Council From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Chief Administrative Officer City Clerk (Acting) Manager, Municipal Law Enforcement Services Subject: Waterfront Parking Report BYL 03-23 File: A-1200-001-18 At the March 6, 2023 Executive Committee Meeting, the Committee decided that Item 7 of the main motion be amended to read as follows: That non-resident seniors, age 65 years and older, be permitted to park at no cost at the waterfront. The attached by-law has been updated to reflect this change by removing the initial staff recommendation. PB:jl Attachment By-law Amendment - 335 - The Corporation of the City of Pickering By-law No. 8005/23 Being a by-law to amend By-law No. 6191/03 and 7362/14 to confirm General Municipal Fees. Whereas the Council of the Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04, By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law 6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14, By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18; By-law 7679/19; By-law 7740-20, 7823/21 and 7918/22; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule “I” to By-law Number 7983/23, as amended, is hereby amended with the By- law Waterfront Parking Hourly Rate in the waterfront area to $2.50 per hour, Monday to Friday from 9:00 am to 5:00 pm. By-law passed this 27th day of March, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 336 - Memo To: Susan Cassel March 22, 2023 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Principal Planner, Development Review Subject: Amending By-law for Zoning By-law Amendment Application A 13/20 Brock and Kingston Holdings Inc. 1970 Brock Road Amending By-law 8006/23 for Zoning By-Amendment Application A 13/20 Statutory Public Meeting Date June 7, 2021 Planning & Development Committee Date March 6, 2023 Subject Lands The subject property is located at the northwest corner of Brock Road and Kingston Road within the Village East Neighbourhood (see Location Map, Attachment #1) Purpose and Effect of Amending By-law 8006/23 To rezone the subject lands from “LCA-4” and “LCA-4A” to “(H)BP-BP-2” and “OS-PP” to facilitate a high-density, mixed-use development consisting of a 30 and 12-storey building connected by a 6-storey podium containing a total of 623 residential units; 52, 4-storey stacked townhouse units, and approximately 1,800 square metres of commercial space at grade. The zoning by-law establishes appropriate performance standards, including provisions for minimum parking, maximum building heights, minimum building setbacks, balcony projections, underground parking structures, private and common amenity spaces and landscape areas. The by-law establishes an open space zone category to permit passive and active recreational uses within the lands at the northwest corner of Brock Road and Kingston Road. - 337 - Page 2 of 2 March 22, 2023 Amending By-law for Zoning By-law Amendment Application A 13/20 A holding provision has been included within the by-law for the lands zoned “RHII-5”, which will restrict the use of the lands for residential purposes until such time satisfactory arrangements are made with the Region of Durham with respect to the provision of public services. Council Meeting Date for By-law March 27, 2023 Note: During the consideration of the above-noted application at the March 6, 2023, Planning & Development Committee, a Committee member requested that the recommended draft zoning by-law be revised to include “Art gallery/studio”. The purpose of adding this additional use was to allow the City the opportunity in the future to operate an art gallery within the Post Manor Heritage Building. Based on Committee’s direction, the zoning by-law has been revised to include “Art gallery/studio” as a permitted use with the “BP-MU-2” zone. CM:ld J:\Documents\Development\D-3100\2020\OPA 20-001P, SP-2020-01, A005-20\Memos\By-law Chart Memo to Clerks.docx Attachments Location Map By-law (Text & Schedule) - 338 - Attachment #1 D e n m a r R oa d Kingsto n R o a d Finch Avenue A l w i n C i r c l e B r o c k R o a d Ro y a l R o a d Gu i l d R o a d Jay win Cir c l e Diana Princess Of Wales Park Denmar Park Brockridge Community Park City Development Department Location MapFile:Applicant:Municipal Address: OPA 20-008/P & A 013/20 Date: May. 17, 2021 ¯ E Brock & Kingston Holdings Inc. 1970 Brock Road SubjectLands L:\PLANNING\01-MapFiles\OPA\2020\OPA 20-008P, A013-20 - Brock and Kingston Holdings Inc\OPA 20-008P A013-20_LocationMap_v2.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © 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, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved.- 339 - The Corporation of the City of Pickering By-law No. 8006/23 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Concession 1 North, Now Part 1, 40R-8663, City of Pickering (A 13/20) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 19, Concession 1 North, Now Part 1, 40R-8663, in the City of Pickering to permit a high-density, mixed-use development; And whereas an amendment to Zoning By-law 3036, as amended by By-law 2212/86, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedules I, II, and III Schedules I, II, and III to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands being Part of Lot 19, Concession 1 North, Now Part 1, 40R-8663, in the City of Pickering, designated “BP-MU-2”, “OS-PP”, and “(H)BP-MU-2”, on Schedule I to this By-law. 3.General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4.Definitions In this By-law, (1)“Amenity Space” means the total passive or active recreational area provided on a lot for the personal, shared or communal use of the residents of a building or buildings, and includes balconies, patios, rooftop gardens and other similar features, but does not include indoor laundry or locker facilities. (2)“Art Gallery/Studio” means a premises used for the creation, exhibition, collection and/or preservation of works of art for public viewing and sale and may include educational classes. - 340 - By-law No. 8006/23 Page 2 (3)“Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (4)“Bay Window” means a window with at least three panels set at different angles to create a projection from the outer wall of a building, and includes a bow window. (5)“Block” means all land fronting on one side of a street between the nearest streets, intersecting, meeting or crossing said street. (6)“Build-to-Zone” shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located. (7)“Building” means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (8)“Building, Main” means a building in which is carried on the principal purpose for which the lot is used. (9)“Building, Mixed Use” means a building containing residential uses and at least one non-residential use permitted by this By-law. (10)“Car Share Service” means a service that provides motor vehicles solely for the shared use of members of that service, and does not include an automobile rental establishment or automobile dealership. (11)“Commercial Use” means any permitted use the primary purpose of which is to sell, lease or rent a product of service directly to the public, including but not limited to retail sales, entertainment services and personal or professional services, but shall exclude residential uses. (12)“Commercial Fitness/Recreational Centre” means a commercial establishment that has been designed for conduct of sport, athletic and leisure activities such as squash courts, swimming pools, exercise classes and other similar indoor recreational facilities are provided and operated for gain or profit. (13)“Community Centre” means a multi-purpose facility that offers a variety of programs or a recreational, cultural, day care, social, community service, informational or instructional in nature. (14)“Day Care Centre” means: i)indoor and outdoor premises where more than five children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or - 341 - By-law No. 8006/23 Page 3 ii)indoor and outdoor premises in which care is offered or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. (15)“Daylight Triangle” means an area free of buildings, structures, fences and hedges up to 0.9 metres in height and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle. (16)“Development Agreement” means an executed contract between a developer/property owner and the City of Pickering that is required in order to implement development and may include a subdivision agreement, site plan agreement, or other similar agreements for development. (17)“District Energy Facility” means a centrally located facility or linked facilities that generates and distributes thermal energy (steam and/or hot and cold water) to end users through an underground pipeline distribution system and generates electricity, including electricity for supply to the grid. (18)“Dry Cleaning Distribution Centre” means a premises used for the purpose of receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere and does not include a dry cleaning establishment. (19)“Dry Cleaning Establishment” means a premises in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing, and finishing of such goods is conducted. (20)“Dwelling” includes: a)“Accessory Dwelling Unit” means a separate dwelling unit subsidiary to and located in the same building as an associated principal dwelling unit; and its creation does not result in the creation of a semi-detached dwelling, duplex dwelling, three-unit dwelling or converted dwelling. b)“Apartment Dwelling” means a residential use building containing four or more principal dwelling units where the units are connected by a common corridor or vestibule, other than a townhouse dwelling or stacked dwelling. c)“Block Townhouse Dwelling” means a residential use building containing three or more attached principal dwelling units divided vertically, and where all dwelling units are located on one lot and accessed from a private street, laneway or common condominium aisle. - 342 - By-law No. 8006/23 Page 4 d)“Dwelling Unit” means a residential unit that: i)consists of a self-contained set of rooms located in a building or structure; ii)is used or intended for use as a residential premises; iii)contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv)is not a mobile home or any vehicle. e)“Stacked Dwelling” means a residential use building of four or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior. f)“Live Work Dwelling” means a dwelling, where the ground floor only, or part thereof, may be used for commercial use as permitted by this By-law, except that the basement may be used for storage for the commercial use, and where the commercial and residential components can be accessed by a common internal entrance. (21)“Existing” means existing as of the date of the enactment of the provision that contains that word. (22)“Financial Institution” means a building or portions of a building used for the purposes of administering or providing financial services to the public, other than exclusively through an automated banking machine. (23)“Floor Area” means the total area of all floors of a building within the outside walls. (24)“Floor Area, Net” means the total area of all floors of a building measured from the interior faces of the exterior walls or demising walls, but does not include the following areas: (a)Motor vehicle parking and bicycle parking below established grade; (b)Motor vehicle parking and bicycle parking at or above established grade; (c)Loading spaces and related corridors used for loading purposes; (d)Rooms for storage, storage lockers, washrooms, electrical, utility, mechanical and ventilation; (e)Indoor amenity space required by this By-law; (f)Elevator, garbage and ventilating shafts; (g)Mechanical penthouse; and (h)Stairwells in the building. (25)“Floor Space Index” means the total net floor area of all buildings on a lot divided by the total area of the lot. (26)“Food Store” means a premises that sells food and other non-food items, primarily on a self-service basis. - 343 - By-law No. 8006/23 Page 5 (27)“Grade” or “Established Grade” means the average elevation of the finished level of the ground adjoining all exterior walls of a building. (28)“Gross Floor Area” means the total area of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (29)“Gross Leasable Floor Area” means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floor areas if any; expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. (30)“Ground Floor” means the floor of a building at or first above grade. (31)“Ground Floor Area” means the gross floor area only on the ground floor. (32)“Height” means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. When the regulation establishes height in storeys, means the number of storeys. The height requirements of this By-law shall not apply to roof top mechanical penthouses. (33)“Landscaped Area” means an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles and areas for loading, parking or storing of vehicles. (34)“Lane” means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a government authority. (35)“Loading Space” means an unobstructed area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicles. (36)“Lot” means a parcel of land fronting on a street, whether or not occupied by a building or structure. (37)“Lot Area” means the total horizontal area of a lot. (38)“Lot Line” means a line delineating any boundary of a lot. - 344 - By-law No. 8006/23 Page 6 (39)“Main Wall” means a primary exterior front, rear or side wall of a building, not including permitted projections. (40)“Office” means a building or part thereof, where administrative and clerical functions are carried out in the management of a business, profession, organization or public administration but shall not include a medical office. (41)“Office, Medical” means a premises designed and used for the diagnosis, examination, and medical, surgical or physiotherapeutic treatment of human patients, and which may include pharmacies and dispensaries, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in-patient care. (42)“Park, Private” means an area of land not under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes. (43)“Parking Area” means one or more parking spaces, including related aisles, for the parking or storage of vehicles. (44)“Parking Garage” means a building, or part thereof, used for the parking of vehicles and may include any permitted use in the first storey, but shall not include any area where vehicles for sale or repair are kept or stored. A parking garage includes underground parking and a parking structure. (45)“Parking Lot” means a lot or portion thereof provided for the parking of motor vehicles accessory or incidental to the main use. (46)“Parking Space” means an unobstructed area of land that is accessible by an aisle, having access to a street or lane that is reserved for the purpose of the temporary parking or storage of one motor vehicle. (47)“Parking Space, Bicycle” means an area used exclusively for parking or storing a bicycle. (48)“Parking Structure” means a building or portion thereof, containing one or more parking spaces. (49)“Patio” means an outdoor area where seating accommodation can be provided and/or where meals or refreshments are served to the public for consumption. (50)“Personal Service Shop” means a premises used to provide personal grooming services or for the cleaning or care of apparel. (51)“Place of Amusement” means a premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public such as a billiard or pool rooms, bowling alleys, electronic games, indoor playground, miniature golf courses or roller skating rinks. - 345 - By-law No. 8006/23 Page 7 (52)“Podium” means the base of a building, structure or part thereof located at or above established grade that projects from the tower portion of the building. (53)“Point Tower” means a compact and slender building form. (54)“Porch” means a roofed deck or portico structure with direct access to the ground that is attached to the exterior wall of a building. (55)“Premises” means the whole or part of lands, buildings or structures, or any combination of these. (56)“Primary Entrance Door” means the principal entrance by which the public enters or exits a building or individual retail/commercial unit or the resident enters or exits a dwelling unit. (57)“Primary Window” means all windows except bathroom, hallway, closet or kitchen windows. (58)“Restaurant” means a building or part of a building where the principal business is the preparation of food and drinks for retail sale to the public for immediate consumption on or off the premises, or both on and off the premises but shall not include a night club. (59)“Retail Store” means a premises in which goods and merchandise are offered or kept for retail sale or rental to the public. (60)“School, Commercial” means a building, or part thereof, where instruction of a skill is provided for profit and may include instruction in a trade, business, art, music, dance, cooking, athletic skill or any other specialized instruction but does not include a commercial fitness/recreational centre or a post-secondary school. (61)“School, Private” means a place of instruction (excepting a commercial school or private career college) offering courses equivalent to those customarily offered in an elementary school or secondary school. (62)“Setback” means the distance between a building and a lot line. In calculating the setback the horizontal distance from the respective lot line shall be used. (63)“Storey” means that portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. (64)“Storey, First” means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. (65)“Street” means a public highway but does not include a lane or a King’s Highway (Highway 401). Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining - 346 - By-law No. 8006/23 Page 8 setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle, however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (66)“Street Line” means the dividing line between a lot and a street. (67)“Street, Private” means: a)a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; b)a private road condominium, which provides access to individual freehold lots; c)a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; d)a private right-of-way over private property, that affords access to lots abutting a private road; but is not maintained by a public body and is not a lane. (68)“Structure” means anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, walls or any sign, but does not include fences below six feet in height or in ground swimming pools. (69)“Temporary Sales Office” means a building, structure, facility or trailer on the lot used for the purpose of the sale of dwelling units to be erected on the lot. (70)“Tower” means the storeys within that portion of a building or structure or part thereof located above the podium. (71)“Tower Floor Plate” means the average floor area of all storeys within that portion of a building or structure or part thereof located above the podium, measured to the exterior faces of exterior walls of each storey of a building or structure. (72)“Uncovered Platform” means an attached or freestanding structure not covered by a roof, which is located on the same level as or lower than the first storey of the building associated with the platform. (73)“Veterinary Clinic” means a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds. - 347 - By-law No. 8006/23 Page 9 5.Permitted Uses and Zone Regulations (1)Permitted Uses (“BP-MU-2 Zone”) No person shall within the lands zoned “BP-MU-2” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: a)Apartment Dwelling b)Block Townhouse Dwelling c)Stacked Dwelling d)Live Work Dwelling e)Art gallery/studio f)Community Centre g)Commercial Fitness/ Recreation Centre h)Car Share Service i)Day Care Centre j)Financial Institution k)Food Store l)Office m)Office, Medical n)Personal Service Shop o)Retail Store p)Restaurant q)School, Commercial r)School, Private s)Veterinary Clinic (2)Zone Regulations (“BP-MU-2” Zone) No person shall within the lands zoned “BP-MU-2” on Schedule I to this By- law, use any lot or erect, alter, or use any building or structure except in accordance with the following provisions: a)Floor Space Index (FSI) i)the area shown on Schedule I to this By-law, zoned “BP-MU-2” and “OS-PP” shall be the extent of the lands for the purposes of calculating FSI ii)minimum FSI – 0.75 iii)maximum FSI – 4.4 b)Number of Dwelling Units i)minimum 74 units ii)maximum 675 units c)Building Height i)the maximum height of a building wholly located within the dashed lines, is specified by the number following the HT symbol as shown on Schedule III to this By-law ii)notwithstanding section 5 (2) c) i) above, enclosed stairwells providing roof access - 348 - By-law No. 8006/23 Page 10 may exceed the maximum building height as shown on schedule III to a maximum of 2.7 metres iii)notwithstanding Section 5 (2) c) ii) above, all portions of a building or structure within the building envelope as shown on Schedule II attached hereto, shall be limited by a 45-degree angular plane measured 7.5 metres from the north and west lot line at a height of 10.5 metres above grade, where adjacent lands are zoned “RH(SC)” or “RH/MU-5” iv)notwithstanding Section 5 (2) c) iii) above, mechanical penthouses, balconies, enclosed stairwells providing roof access and architectural features such as parapet walls are permitted to project beyond the angular plane d)Podium Requirements i)minimum height of podium – 11.0 metres (3- storeys) ii)maximum height of podium – 21.0 metres (6-storeys) e)Building Location and Setbacks i)no building or part of a building, or structure shall be erected outside of a building envelope, as shown on Schedule II to this By-law ii)no building or portion of a building or structure shall be erected within the building envelope, unless a minimum of 80 percent of the entire length of the build-to-zone, as shown on Schedule II to this By-law, contains a continuous portion of the exterior wall of a building iii)notwithstanding section 5 (2) e) i) above, the ground floor of a podium shall maintain a minimum setback of 4.5 metres iv)notwithstanding section 5 (2) e) i) above, buildings or portions of buildings not exceeding 4.5 metres in height and used solely for access to an underground parking garage are permitted to be located beyond the building envelope, provided such buildings are setback a minimum of 1.0 metres from all lots lines - 349 - By-law No. 8006/23 Page 11 f)Setback for Below Grade Parking Structures i)minimum – 0.0 metres ii)notwithstanding Section 5 (2) f) i) above, a minimum setback of 4.5 metres shall be provided from the north property line iii)notwithstanding Section 5 (2) f) i) above, a minimum setback of 9.0 metres shall be provided from the west property line where the adjacent property is zoned for residential uses g)Tower Floor Plate i)maximum tower floor plate for residential buildings greater than 37.5 metres in height –850 square metres ii)notwithstanding Section 5 (2) g) i) above, balconies shall be excluded from the calculation of tower floor plate h)Building Separation i)minimum – 15.0 metres, which shall be measured from the main wall of each building but shall exclude balconies, porches and steps ii)despite Section 5 (2) h) i) above, separation may be reduced to 3.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building or if one or both of the flanking buildings are 3- storeys or less in height iii)minimum –18.0 metres for any portion of a building greater than 37.5 metres in height, which shall be measured from the main wall of each building, but shall exclude balconies, porches and steps i)Main Wall Stepback for Buildings greater than 37.5 metres i)minimum main wall stepback - 3.0 metres from the main wall of a point tower and the main wall of a podium on any building face abutting a street line ii)despite Section 5 (2) i) i) above, a main wall stepback shall not be required for any building face located beyond the 10th storey j)Private Amenity Requirements i)a minimum of one balcony, deck or private patio shall be provided for each dwelling unit ii)minimum area – 3.0 square metres - 350 - By-law No. 8006/23 Page 12 k)Amenity Space Requirements for Apartment Dwellings i)minimum – 2.0 square metres of indoor amenity space is required per apartment dwelling unit ii)minimum – 2.0 square metres of outdoor amenity space is required per apartment dwelling unit (a minimum contiguous area of 40.0 square metres must be provided in a common location) l)Landscaped Area i)minimum 10 percent of the land area ii)the area shown on Schedule I to this By-law, zoned “BP-MU-2” shall be the extent of the lands for the purposes of calculating landscaped area m)Non-Residential Uses i)minimum 1,800 square metres of Gross Leasable Floor Area shall be located on the lands, as shown on Schedule I to this By-law (3)Permitted Encroachments No part of the building envelope shall be obstructed except as follows: i)Projections such as awnings, canopies, window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, piers, eave troughs, and other similar architectural features may be permitted to project a maximum of 2.0 metres beyond the building envelope as illustrated on Schedule III to this By-law, but shall maintain a minimum setback of 1.0 metres to a lot line. ii)Any stairs, including to a porch or any associated landing, uncovered platform, covered platform, and any unenclosed ramp for wheelchair access may encroach beyond the building envelope no closer than 0.45 metres to a lot line. iii)A balcony, porch, uncovered platform or covered platform may encroach beyond the building envelope to a maximum of 2.0 metres or half the distance of the required setback, whichever is less. iv)A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach beyond the building envelope to a maximum of 0.6 metres or half the distance, whichever is less. v)A Patio associated with a permitted non-residential use may encroach beyond the building envelope to within 0.45 metres of a lot line. (4)Yards Abutting Daylight Triangles Where a lot abuts a daylight triangle, the setback provisions shall be measured as if the daylight triangle did not exist, provided all buildings are setback 0.6 metres from the daylight triangle with the exception of window- 351 - By-law No. 8006/23 Page 13 sills, belt courses, cornices, eaves, eave troughs and architectural elements, such as the architectural projections from the podium and canopies, which may project to within 0.3 metres of the daylight triangle. (5)Vehicular Parking Regulations a)Minimum Parking Requirements: Residential Uses Apartment Dwelling 0.85 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors Block Townhouse Dwelling 1.75 spaces per dwelling unit 0.15 of a space per dwelling unit for visitors Stacked Dwelling 1.25 spaces per dwelling unit 0.15 of a space per dwelling unit for visitors Live Work Dwelling 0.85 spaces per dwelling unit plus 3 spaces per 100 square metres gross leasable floor area (GLFA) of commercial use. Non-Residential Uses Day Care Centre 1.0 space per employee plus 3.0 spaces and an additional 1.0 space per classroom Office 2.5 spaces per 100 square metres of GLFA Art gallery/studio, Financial Institution, Food Store, Retail Store, Private School, Commercial School, Personal Service, Office Medical, Veterinary Clinic and Community Centre 3.5 spaces per 100 square metres of GLFA Commercial Fitness Centre 4.5 spaces per 100 square metres of GLFA Restaurant 5.0 spaces per 100 square metres of GLFA b)Accessible Parking Requirements: To be provided on-site in accordance with the requirements of the Traffic and Parking By-law 6604/05 as amended, or any successor thereto. c)Parking for Multiple Uses on One Lot: A shared parking formula may be used for the calculation of required parking for multiple uses on a lot. - 352 - By-law No. 8006/23 Page 14 Shared parking is to be calculated in compliance with Table 1 – Shared Parking Formula. All required parking spaces must be accessible to all uses participating in the shared parking arrangement and may not be reserved for specific users. The initial step in determining required parking for multiple uses on a lot is to calculate the parking requirement for each use in the development as if these uses were free-standing buildings. The parking requirement for each use is then multiplied by the percent of the peak period for each time period (i.e., noon), contained in Table 1 – Shared Parking Formula. Each column is totaled for weekday and weekend. The highest figure obtained from all time periods shall become the required parking for the development. Table 1 – Shared Parking Formula Type of Use Percentage of Peak Period (Weekday) Morning Noon Afternoon Evening Financial Institution/Office/Office, Medical/Day Care Centre/ Private School/Veterinary Clinic 100 90 95 10 Art gallery/studio/ Food Store/Personal Service Shop/Retail Store/Commercial Fitness Centre/Community Centre /Commercial School 65 90 90 90 Restaurant 20 100 30 100 Residential – Visitor 20 20 60 100 Type of Use Percentage of Peak Period (Saturday) Morning Noon Afternoon Evening Financial Institution/Office/Office, Medical/Day Care Centre/Private School/Veterinary Clinic 10 10 10 0 Art gallery/studio/ Food Store/Personal Service Shop/Retail Store 80 100 100 70 - 353 - By-law No. 8006/23 Page 15 Type of Use Percentage of Peak Period (Saturday) Morning Noon Afternoon Evening /Commercial Fitness Centre/Community Centre/Commercial School Restaurant 20 100 50 100 Residential – Visitor 20 20 60 100 d)Parking Structures i)Parking structures constructed completely below established grade are permitted to encroach below private parks. ii)Stairs associated with a parking structure are not permitted between a street line and the main wall of a building. iii)Air vents constructed in association with an underground parking structure are permitted to project to a maximum of 1.2 metres above established grade no closer than 1.2 metres to a street line. (6)Bicycle Parking Space Requirements a)Minimum number of bicycle parking spaces: i)0.5 of a space per apartment dwelling unit; ii)1.0 space per block townhouse dwelling, stacked townhouse and live work unit; iii)1.0 space for each 1,000 square metres of gross leasable floor area or portion thereof. b)Where the number of bicycle parking spaces exceeds 50 spaces, a minimum of 25 percent of the total required must be located within: i)a building or structure; ii)a secure area such as a supervised parking lot or enclosure; or iii)bicycle lockers. c)Where four or more bicycle parking spaces are provided in a common parking area, each space must contain a parking rack that is securely anchored to the ground and attached to a heavy base such as concrete. d)Dimensions: i)if located in a horizontal position (on the ground): a minimum length of 1.6 metres and a minimum width of 0.6 metres; ii)if located in a vertical position (on the wall): a minimum length of 1.5 metres and a minimum width of 0.5 metres; iii)if stacked: a minimum length of 1.5 metres and a minimum width of 0.45 metres. - 354 - By-law No. 8006/23 Page 16 (7)Loading Standards Where a loading space is provided, the following regulations apply: a)the minimum dimensions of a loading space are 3.5 metres in width and 12.0 metres in length, with a minimum vertical clearance of 4.2 metres; b)a loading space shall abut the building for which the loading space is provided; c)an unenclosed loading space located above established grade shall be set back a minimum of 10.0 metres from a street line; d)an enclosed loading space located above established grade shall not be located beyond the building envelope as shown on Schedule III to this By-law. (8)Noise Attenuation a)Notwithstanding Section 5 (2) d) related to Podium Requirements for Buildings greater than 37.5 metres, the following building elements may exceed the maximum podium height: i.equipment used for the functional operation of the building and structures including electrical, utility, mechanical and ventilation equipment, enclosed stairwells roof access, maintenance equipment storage, chimneys, vents, and window washing equipment; ii.architectural features, parapets, elements and structures associated with a green roof; iii.planters, landscaping features, guard rails, divider screens on a balcony and/or terrace; and iv.trellises, pergolas and unenclosed structures providing safety or wind/noise protection to rooftop amenity space. (9)Live Work Dwelling a)Notwithstanding the permitted uses outlined under Section 5(1), the following specific uses are permitted in a live work dwelling: i)art gallery/studio ii)dry-cleaning distribution centre iii)dwelling unit; iv)medical office v)office vi)personal service shop vii)restaurant viii)retail store b)For any permitted use listed in 2 (9) a) above, the minimum floor area within a dwelling unit is 50 square metres and minimum floor-to-ceiling height of 4.5 metres is required. - 355 - By-law No. 8006/23 Page 17 (10)Special Provisions a)Sections 5.21.1, 5.21.2(a) 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(f), 5.22 and 6.4 of By-law 3036, as amended, shall not apply to the lands zoned “BP-MU-2” and “OS-PP” on Schedule I attached to this By-law. 6.Provisions (“OS-PP” Zone) (1)Permitted Uses (“OS-PP” Zone) No person shall within the lands zoned “OS-PP” on Schedule I to this By- law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a)Private Park 7.Provisions (“(H)BP-MU-2” Zone) (1)Permitted Uses (“(H)BP-MU-2” Zone) Until such time as the “(H)” Holding Provision is lifted, the lands shall not be used for any purposes other than lawful uses permitted as of the date of the enactment of this by-law, located on the land or in existing buildings or structures, provided such use continue in the same manner and for the same purpose for which they were used on the day this by-law was passed. (2)Zone Requirements (“(H) BP-MU-2” Zone) The “(H)” Holding Symbol shall be removed from the “BP-MU-2” zone until the completion of the following: a)The owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services, Regional roads, and entered into any necessary agreements in this regard, including front funding or cost sharing agreements. 8.By-law 3036 By-law 3036, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036. - 356 - By-law No. 8006/23 Page 18 9.Effective Date That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 27th day of March, 2023. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 357 - Br o c k R o a d Kingsto n R o a d Ro y a l R o a d Clerk Mayor i N Schedule I to By-Law 8006/23 Passed This 27th Day of March 2023 (H) BP-MU-2 OS-PP 93.7m51 . 8 m 36.9m 140.7m 65 . 8 m 46 . 2 m 36.5m 3 4 . 0 m 10 . 0 m 13.8m - 358 - Br o c k R o a d Ro y a l R o a d Kingsto n R o a d i N Clerk Mayor Schedule II to By-Law 8006/23 Passed This 27th Day of March 2023 4.0m 7.5m 9.0m 9.0m 9.0m 7.5m 3.0m 3.0m 7.5m 9.0m 4.0m Building Envelope Build to Zone (minimum of 5.0 metres) 122.7m 50 . 8 m 38 . 7 m 30.8m 84.4m 54 . 0 m 27.5m 3 1 . 0 m - 359 - Br o c k R o a d Ro y a l R o a d Kingsto n R o a d i N Clerk Mayor Schedule III to By-Law 8006/23 Passed This 27th Day of March 2023 HT: 9.0m (Max: 2 Storeys) HT: 12.0m (Max: 4 Storeys) HT: 39.0m (Max: 12 Storeys) HT: 21.0m (Max: 6 Storeys) HT: 93.0m (Max: 30 Storeys) HT: 93.0m (Max: 30 Storeys) HT: 90.0m (Max: 29 Storeys) HT: 84.0m (Max: 27 Storeys) HT: 87.0m (Max: 28 Storeys) 93.7m51 . 8 m 140.7m 65 . 8 m 30 . 2 m 75.0m 54.2m 24.9m 29.3m 38.9m 39 . 9 m 26 . 0 m 22 . 6 m 25 . 4 m 19 . 5 m 3 2 . 3 m 31.0m 5.9m Kingst o n R o a d 39.4m 40.9m 44.0m 42.2m 141.8m 13.8m 22 . 8 m 3.0m 3.3m 3.3m 3.9m 1.7m 2.0m 4.4m 4.0m 4.0m 3.4m 7. 5 m 9.0m - 360 -