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HomeMy WebLinkAboutSeptember 23, 2024Council Meeting Minutes September 23, 2024 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. Boyd -Fire Chief B. Duffield -Director, Operations L. Gibbs -Director, Community Services R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer C. Rose -Chief Planner V. Plouffe -Division Head, Operations Services C. Redmond -(Acting) Deputy Clerk L. Narraway -Supervisor, Animal Services J. Currie -Legislative Coordinator 1. Call to Order/Roll Call The (Acting) Deputy Clerk certified that all Members of Council were present and participating in-person, save and except Councillor Pickles who was participating via electronic connection. 2. Moment of Reflection Mayor Ashe called for a silent moment of reflection. 3. Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 2 4. Disclosure of Interest Councillor Robinson declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 8.1, Corr. 24-24, Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Robinson, September 17, 2024. Councillor Robinson stated that in accordance with Section 5 of the Municipal Conflict of Interest Act, she reserved her right to take part in the discussion of the matter, however, would not take part in the vote. There were two requests from credentialed media for filming in Council Chambers from Rebel News and the Toronto Star, however, neither request was approved by Council. 5. Adoption of Minutes Resolution #570/24 Moved by Councillor Butt Seconded by Councillor Cook Council Minutes, June 24, 2024 Special Council Minutes – Education & Training, June 25, 2024 Special Council Minutes, July 12, 2024 Special Council Minutes, July 25, 2024 Special Council Minutes – Education & Training, July 26, 2024 Special Council Minutes, August 28, 2024 Executive Committee Minutes, September 3, 2024 Special Council Minutes, September 3, 2024 Carried 6. Presentations There were no presentations 7. Delegations Resolution #571/24 Moved by Councillor Cook Seconded by Councillor Nagy That George Turner, Pickering Resident, be permitted to delegate in accordance with Section 8.01(c) of the Procedure By-law. Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 3 Carried on a Two-Thirds Vote 7.1 George Turner, Pickering Resident Re: The RFP related to a proposed sale of the City of Pickering's Elexicon Shares G. Turner appeared before Council to speak to the proposed sale of the City of Pickering’s Elexicon shares. G. Turner noted concern that the notice and correspondence shared with the public was insufficient and suggested increasing community engagement and information sharing, pertaining to the sale of the City’s Elexicon shares. A copy of G. Turner’s presentation was requested to be circulated to Members of Council. 8. Correspondence - 8.1 Corr. 24-24 Jeff Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Re: Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Robinson, September 17, 2024 J. Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering appeared before Council and provided a general overview of the Recommendation Report. J. Abrams noted that this report was the culmination of a process established by the Municipal Act, 2001, that it was the role of the Integrity Commissioner to conduct the investigation, and that the role of Council in this matter was disciplinary, noting this was different than their traditional, legislated policy making role. J. Abrams emphasized that a fulsome, confidential, investigation had been conducted and was concluded in accordance with the tenants of procedural fairness and advised Council to restrict questions to the recommendations provided in the Report, not the investigation itself. J. Abrams provided comments regarding the Errata to the Report that was provided on Saturday, September 21, 2024, noting it had been included in the revised Agenda package. J. Abrams concluded his address to Council by stating that the recommendations provided in the report were in the best interest of the public and that Council must disregard any prior knowledge and personal assessments of Councillor Robinson and that Council’s decision must be formed based on the findings presented in the Recommendation Report. Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 4 Mayor Ashe provided a statement and advised Members of Council that questions must remain focused solely on how the findings of the Integrity Commissioner’s Report relate to the recommendations, and that they must not pertain to the investigation itself. A question and answer period ensued between Members of Council and J. Abrams regarding whether there were other, more effective remedies to address Code of Conduct breaches and the methods and processes carried out to ensure an integral investigation had been conducted. Having previously declared a conflict of interest, Councillor Robinson did not vote on the following item. Resolution #572/24 Moved by Councillor Nagy Seconded by Councillor Pickles 1. That the Report of the Integrity Commissioner, dated September 17, 2024, as contained in Corr. 24-24, pertaining to Councillor Lisa Robinson be received; and, 2. That in accordance with the Integrity Commissioner’s Report recommendations, the salary remuneration paid to Councillor Robinson be suspended for a period of 90 days (six pay periods) starting with the September 27, 2024, pay date and ending after the December 6, 2024 pay date. Carried Unanimously on a Recorded Vote Council recessed at 8:23 p.m. and reconvened at 8:34 p.m. Councillor Robinson was not present at the time the Meeting reconvened. 8.2 Corr. 25-24 Ministry of Municipal Affairs and Housing Re: Provincial Planning Statement, 2024 Resolution #573/24 Moved by Councillor Cook Seconded by Councillor Butt Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 5 That Corr. 25-24, from the Ministry of Municipal Affairs and Housing, regarding the Provincial Planning Statement, 2024, be received for information. Carried 9. Report EC 07-24 of the Executive Committee held on September 3, 2024 9.2 Director, Community Services, Report CS 28-24 Post Manor Feasibility Study Council Decision: 1. That Report CS 28-24 regarding the Post Manor Feasibility Study be received; 2. That staff be directed to continue discussions with Brock and Kingston Holdings Inc. on acquiring the Post Manor building, for lease or purchase for use as a public art gallery, anticipating an occupancy date in 2029, and report back with an update to Council by Q4, 2025; and, 3. That the appropriate City officials be authorized to take the necessary actions as outlined in this report. 9.3 Director, Corporate Services & City Solicitor, Report CLK 04-24 Review and Updates to ADM 100, Public Notice Policy Council Decision: 1. That Report CLK 04-24, regarding the Review and Updates to ADM 100 Public Notice Policy, be received; 2. That the draft ADM 100 Public Notice Policy, as set out in Attachment 1 to this report, be approved; 3. That going forward, the City Clerk be authorized to update Appendix 1 of Policy ADM 100 to accommodate for any legislated changes pertaining to the provision of notice to the public; Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 13 That Report EC 07-24 of the Executive Committee Meeting held on September 3, 2024 be adopted, save and except Item 9.1, CS 22-24. Carried Councillor Robinson rejoined the meeting at 8:37 p.m. 9.1 Director, Community Services, Report CS 22-24 Recreation & Parks – Ten Year Plan A brief discussion ensued between Members of Council and staff regarding: x whether there was an affiliation with the Ontario Pickle Ball Association and whether Pickle Ball was promoted throughout the City of Pickering; and, x the status of Petticoat Creek discussions with the Toronto and Region Conservation Authority (TRCA). Resolution #575/24 Moved by Councillor Butt Seconded by Councillor Cook 1. That the Recreation & Parks – Ten Year Plan, as set out in Attachment 1, be endorsed; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10. Reports – New and Unfinished Business 10.1 Director, Corporate Services & City Solicitor, Report AS 01-24 Animal Sheltering Agreement Renewal for the Town of Whitchurch-Stouffville - Five-year Term Effective January 1, 2025 Resolution #576/24 Moved by Councillor Butt Seconded by Councillor Cook 1. That Report AS 01-24 regarding the Animal Sheltering Agreement Renewal be received; Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 14 2. That the Mayor and City Clerk be authorized to execute the Animal Sheltering Agreement Renewal with Whitchurch-Stouffville as set out in Attachment 1 to this report for a further 5-year term commencing January 1, 2025 and ending December 31, 2029, subject to such revisions as are acceptable to the Director, Corporate Services & City Solicitor or Associate Solicitor; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 10.2 Director, Community Services, Report CS 29-24 Provincial Grant Funding of Municipal Capital Projects - Community Sport and Recreation Infrastructure Fund A brief discussion ensued between Members of Council and staff regarding clarification of what was required to be awarded the Provincial Grant Funding. Resolution #577/24 Moved by Councillor Pickles Seconded by Councillor Cook 1. That Report CS 29-24 regarding Provincial Grant Funding of Municipal Capital Projects be received; 2. That Council authorize staff to apply to the Community Sport and Recreation Infrastructure Fund – Stream 1: Repair and Rehabilitation for the replacement of community playgrounds; 3. That Council authorize staff to apply to the Community Sport and Recreation Infrastructure Fund – Stream 2: New Builds/Signature New Builds for the construction of the City Centre Park; 4. That a copy of this report be forwarded to Peter Bethlenfalvy, MPP, Pickering – Uxbridge; and, 5. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 15 10.3 Director, Community Services, Report CS 30-24 Federal Grant Funding of Municipal Capital Projects - Green & Inclusive Community Building Program A brief discussion ensued between Members of Council and staff regarding clarification of what was required to be awarded the Federal Grant Funding. Resolution #578/24 Moved by Councillor Pickles Seconded by Councillor Cook 1. That Report CS 30-24 regarding the Federal Grant Funding of Municipal Capital Projects be received; 2. That Council authorize staff to apply to the Green & Inclusive Community Building Program: New Build Project for construction of the Seaton Recreation Complex & Library; 3. That Council authorize staff to apply to the Green & Inclusive Community Building Program: Medium Retrofit Project for the O’Brien Arena retrofit; 4. That a copy of this report be forwarded to Jennifer O’Connell, MP Pickering – Uxbridge; and, 5. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 10.4 Director, Engineering Services, Report ENG 21-24 Valley Plentiful Community Gardens Parking Area and Expansion Request for Quotation No. Q2024-33 A brief discussion ensued between Members of Council and staff regarding clarification of the process and timeframe planned for the urbanization of Kingston Road. Resolution #579/24 Moved by Councillor Brenner Seconded by Councillor Butt Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 16 1. That Request for Quotation No. Q2024-33 for the Valley Plentiful Community Gardens Parking Area and Expansion, submitted by 1108575 Ontario Ltd. (Kon-Strutt Construction), in the amount of $119,092.00 (net of HST rebate) or $132,245.76 (HST included) be accepted; 2. That the total gross project cost of $157,721.00 (HST included) for the Valley Plentiful Community Gardens Parking Area and Expansion, including the tendered amount, a contingency and other associated costs, and the total net project cost of $142,033.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $142,033.00 for the Valley Plentiful Community Gardens Parking Area and Expansion as follows: a) The sum of $100,000.00 available budget in capital project C10572.2406 as approved in the 2024 Parks Capital Budget be funded by a transfer of funds from the Sustainable Initiatives Reserve; b) The additional required sum of $42,033.00 be funded by the Rate Stabilization Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10.5 Director, Operations, Report OPS 16-24 Additional Funds for Replacement of Existing Indoor Tennis Court Flooring at Chestnut Hill Developments Recreation Complex - Tender No. T2024-4 A brief discussion ensued between Members of Council and staff regarding when and where tennis players would be accommodated during renovations of the Chestnut Hill Developments Recreation Complex and clarification of how the renovations of the Complex were being funded. Resolution #580/24 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Report OPS 16-24 of the Director, Operations regarding Additional Funds for Tender No. T2024-4 for the Replacement of Existing Indoor Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 17 Tennis Court Flooring at the Chestnut Hill Developments Recreation Complex be received; 2. That additional costs in the amount of $347,002.00 (net of HST rebate) over the original estimated project cost for T2024-4 (OPS 09-24) for Replacement of Existing Indoor Tennis Court Flooring at the Chestnut Hill Developments Recreation Complex resulting in a revised total net project cost of $1,176,244.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the additional net project cost of $347,002.00 as follows and approved in the 2024 Capital Budget: a) A transfer of $290,263.00 from the Casino Reserve; and, b) A transfer of $56,739.00 from the Tennis Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Carried 10.6 Director, Operations, Report OPS 17-24 Fire Station 2 Renovations - RFP2024-11 Resolution #581/24 Moved by Councillor Butt Seconded by Councillor Cook 1. That RFP No. RFP2024-11 for Renovations to Fire Station 2 as submitted by Adeli Construction Management Inc. in the amount of $368,882.00 (HST excluded) be received; 2. That the total gross project cost of $659,222.00 (HST included), and the total net project cost of $593,650.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the net project cost of $593,650.00 as follows and approved in the 2017, 2018, 2022 and 2024 Capital Budgets: a) A transfer of $570,522.00 from the Facilities Reserve; Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 18 b) A transfer of $23,128.00 from Property Taxes; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in the report. Carried 11. Motions and Notice of Motions 11.1 Addressing Rat Infestations Councillor Pickles provided a brief summary of the purpose of the motion, and Councillor Brenner provided additional information regarding the cause and effect of rat infestations. Resolution #582/24 Moved by Councillor Pickles Seconded by Councillor Brenner WHEREAS, residents have been increasingly raising concerns regarding rats on their properties; And Whereas, the population of rats may be increasing due to warmer climate, development, the availability of food and habitat due to poor waste storage practices and poor property standards; And Whereas, the municipal role to address the rat infestation problem may involve different departments. For example, lower tier for property standards and upper tier for health inspections; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: 1. That staff work with the development community in addressing rat related issues; 2. That staff further work with the Region of Durham Health Department to review the policies and practices of other municipalities, including Toronto and Ottawa; Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 19 3. That the City of Pickering work with the Region of Durham to develop public education packages, including rat prevention for residents; 4. That the City of Pickering investigate coordinating with the Region of Durham the training of Municipal Law Enforcement Officers and Health Inspectors to be available to inspect properties and provide advice to residents and businesses to address rat infestations; 5. That the Region of Durham Health Department be requested to review enforcement measures and fines under the Health Protection and Promotion Act to address the problem; and, 6. That a copy of this resolution be circulated to the Honourable Sylvia Jones, Minister of Health and Dr. Robert Kyle, Medical Officer of Health, Region of Durham. Carried Unanimously on a Recorded Vote 12. By-laws 12.1 By-law 8129/24 Being a by-law to repeal By-law #6166/03, a by-law for establishing policies regarding public notification requirements under the Municipal Act, 2001. 12.2 By-law 8130/24 Being a by-law to amend By-law 6604/05 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 private and municipal property. 12.3 By-law 8131/24 Being a by-law to amend By-law 6604/05 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 private and municipal property. 12.4 By-law 8132/24 Being a by-law to appoint Christopher Adams and Jackson Colquhoun as Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of the Corporation of the City of Pickering. Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 20 12.5 By-law 8133/24 Being a by-law to name Part of Lot 15, Concession 1 Pickering; designated as Part 10, Plan 40R-32680. (Porsche Drive) 12.6 By-law 8134/24 Being a By-law to adopt Amendment 48 to the Official Plan for the City of Pickering (OPA 20-001/P). (Brock Road Duffins Forest Inc., 2055 Brock Road) By-law approved by Ontario Land Tribunal (Case No. OLT-23-000498). No action required. By-law being assigned a number for record-keeping purposes in accordance with the Tribunal Order. 12.7 By-law 8135/24 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 2 South, Now Parts 1 to 12 , 40R-28897, City of Pickering (A 05/20). (Brock Road Duffins Forest Inc., 2055 Brock Road) By-law approved by Ontario Land Tribunal (Case No. OLT-23-000498). No action required. By-law being assigned a number for record-keeping purposes in accordance with the Tribunal Order. Resolution #583/24 Moved by Councillor Brenner Seconded by Councillor Nagy That By-law Numbers #8129/24 through #8135/24 be approved. Carried 13. Regional Councillor Updates 13.1 Councillor Brenner provided an update from the Durham Advisory Committee on Homelessness and extended an open invitation to the Dedicated Advocacy Resource Support (DARS) World Homeless Day event occurring on October 10, 2024, 2:00 p.m. – 4:00 p.m. at the DARS Farmhouse, 690 Concession 3, Pickering. Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 21 13.2 Councillor Cook recognized that the Manresa Spiritual Retreat Centre was celebrating its 10-year anniversary and noted the Alcoholics Anonymous programing which focuses on assisting those struggling with addiction as well as providing family support. 13.3 Councillor Cook noted attendance as Pickering’s Regional Councillor at the Convergence Music and Art Festival in Oshawa and provided that it was an economic builder, supported by Durham Tourism, and featured artists from Pickering and across the Region. 14. Other Business 14.1 Councillor Butt and Councillor Pickles raised concerns regarding the illegal dumping and lack of garbage pick-up in the new development area in Seaton. Staff advised that these areas were not yet assumed by the City, but that staff were looking to address the matter, noting the responsibilities of the development community pertaining to garbage pickup prior to the City assuming the subdivision. 14.2 Councillor Nagy gave Notice of a Motion regarding Strengthening Municipal Legislation. 14.3 Councillor Robinson gave Notice of a Motion regarding playing of the National Anthem before all Council meetings. 14.4 Councillor Robinson gave Notice of a Motion regarding prohibition on accepting gifts, benefits or other perks to any City staff, employees, and Council Members from Lobbyists, specialty groups, vendors, and/or distributors. 14.5 Councillor Robinson gave Notice of a Motion regarding changing the Executive Committee Meeting Schedule from afternoons to evenings to promote public engagement. 14.6 Councillor Robinson gave Notice of a Motion regarding creating options for accessing changerooms at the Chestnut Hill Developments Recreation Complex. 14.7 Councillor Robinson gave Notice of a Motion regarding expanding the 50% membership subsidy program from age 65 to 55 at the Chestnut Hill Development Recreation Complex. 14.8 Councillor Robinson gave Notice of a Motion regarding implementing age restrictions at Drag Queen and Pride events. Council Meeting Minutes September 23, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 22 14.9 Councillor Robinson gave Notice of a Motion regarding a change to the Flag- Raising Policy. 14.10 Councillor Robinson gave Notice of a Motion regarding cash acceptance at the Chestnut Hill Development Recreation Complex. 14.11 Councillor Robinson requested that staff provide a summary of the costs of having the Durham Region Police Service present at the September 23, 2024, Council Meeting. 15. Confirmatory By-law By-law 8136/24 Councillor Cook, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of September 23, 2024. Carried 16. Adjournment Moved by Councillor Butt Seconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 9:17 p.m. Dated this 23rd day of September, 2024. 2ULJLQDO6LJQHG%\ Kevin Ashe, Mayor 2ULJLQDO6LJQHG%\ Carol Redmond, (Acting) Deputy Clerk