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HomeMy WebLinkAboutDecember 2, 2024 - Special Council Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 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 B. Duffield - Director, Operations J. Eddy - Director, Human Resources L. Gibbs - Director, Community Services R. Holborn - Director, Engineering Services S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk C. Rose - Chief Planner F. Patel - Strategic Initiatives & Corporate Priorities Advisor J. Currie - (Acting) Deputy Clerk 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person, save and except Councillor Brenner and Councillor Nagy who were participating electronically. 2. Disclosure of Interest 2.1 Councillor Pickles declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 5.2, Confidential Memorandum from the Director, Corporate Services & City Solicitor, regarding Potential Acquisition of Frenchman’s Bay, as the matter may involve an organization that he was affiliated with. Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 2 Councillor Pickles left the meeting room for the discussion and voting of this Item and did not return to the in-camera portion of the Meeting. There were no requests from credentialed media for filming in Council Chambers. 3. Delegations There were no delegations. 4. Matters for Consideration 4.1 Director, City Development & CBO, Report PLN 32-24 Re: Removal of Land Use Planning Responsibilities from Durham Region and Proposed Amendments to Ontario Regulation 525/97 to exempt certain Official Plan matters from Provincial approval under the Planning Act C. Rose, Chief Planner, appeared before Council to speak to the removal of land use planning responsibilities from Durham Region and the proposed amendments to Ontario Regulation 525/97. Through the aid of a PowerPoint presentation, C. Rose provided an overview of unintended consequences pertaining to downloading Regional land use planning responsibilities to area municipalities and uploading the approval of certain Official Plan amendments to the Province, and noted that this could result in longer approval wait times. C. Rose provided that Envision Durham, the Regions Official Plan, would become the Official Plan of each of the lower-tier municipalities and noted there could be future budget implications of harmonizing Pickering’s Official Plan with the Region’s Official Plan. C. Rose concluded that the Region of Durham would continue to have a strong interest in planning matters and that City staff will continue discussions with Regional staff regarding the establishment of any transitional agreements that will be required. A question and answer period ensued between Members of Council and staff regarding: • whether additional public consultation regarding the City’s Official Plan review would be required and clarification of when the Region’s Official Plan, Envision Durham, would be incorporated into Pickering’s Official Plan; • that the amendments to Ontario Regulation 525/97 outlined in PLN 32-24 would not address or affect other aspects of Bill 23; Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 3 • that January 1, 2025 was the proposed proclamation date provided by the Minister and that the Durham land use planning responsibilities would be removed at that time; • whether there were still items to be proclaimed within Bill 23; • whether there was an indication of timelines for provincial approval for Official Plans submitted under the amended Regulation; • the cost to the City of downloading responsibilities and what new staff would be required to accommodate the new responsibilities; • whether there was any evidence of success provided from other regions who have experienced the downloading of land use planning responsibilities to lower tier municipalities; • the reasons why staff were not intending to submit a response to the Minister regarding the proposed amendments to Ontario Regulation 525/97 and the amount of time that had passed since the first announcement of the proposed changes had been made; • the timelines that the City was in receipt of notice of the proposed amendments to the Regulations and the deadline to submit comments; • the information obtained by City staff from the Region at meetings held in mid-November noting that the extent of the changes discussed had more impact than previously understood; • whether Durham Region had any comment or concerns regarding removal of their land use planning responsibilities; • whether there would be a realignment of Property Tax distribution to the Region to compensate Pickering residents for the loss of Regional planning functions; • what the repercussions of an economic slowdown or a decrease in development applications would be and whether Durham Region was providing any funding to accommodate the transition; • the tight timelines set by the Province for comments on the Regulation, the importance of having the City’s comments on record, and the unlikelihood that the Province would make any changes based on the comments received; and, • whether the amendments to the Regulations provided for a more flexible and open relationship with the Province. Resolution #620/24 Moved by Councillor Pickles Seconded by Councillor Cook Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 4 That Report PLN 32-24 of the Director, City Development & CBO, regarding the removal of land use planning responsibilities from the Region of Durham, and proposed amendments to Ontario Regulation 525/97, to exempt certain Official Plan matters from Provincial approval under the Planning Act, be received for information. Carried later in the Meeting (See Following Motion) Resolution #621/24 Moved by Councillor Robinson Seconded by Councillor Cook That the main motion be amended by adding the following as a new Item #2 and that the recommendation be renumbered accordingly: That staff be directed to submit written comments to the Ministry of Municipal Affairs and Housing, prior to the December 5, 2024 deadline, outlining the concerns contained in Reports PLN 32-24 and PLN 49-22 regarding the removal of land use planning responsibilities from the Durham Region, as well as concerns regarding the expedited timeframes set by the Province to submit comments in this regard. Carried Unanimously on a Recorded Vote The Main Motion, as amended, was then Carried. Resolution #622/24 Moved by Councillor Butt Seconded by Councillor Cook That Council move into closed session in accordance with the Municipal Act and the Procedure By-law to consider matters pertaining to a proposed or pending acquisition or disposition of land, receipt of advice that is subject to solicitor-client privilege, and 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. These matters are being considered in closed session as they pertain to confidential negotiations with the Toronto and Region Conservation Authority (TRCA) regarding Petticoat Creek and the potential acquisition of Frenchman's Bay. Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 5 Carried Members of Council and staff moved from the Council Chambers to the Main Committee Room for the in-camera portion of the Meeting. 5. In Camera Matters (Main Committee Room) During this portion of the Meeting only Members of Council, the CAO, City Clerk, (Acting) Deputy Clerk, Director, Corporate Services & City Solicitor, Director, Finance & Treasurer, Director, Engineering Services, Director, Operations, Director, Community Services, and Strategic Initiatives & Corporate Priorities Advisor were present. 5.1 Chief Administrative Officer, Confidential Report CAO 08-24 Re: Negotiations with Toronto and Region Conservation Authority for a Management Agreement of Petticoat Creek Conservation Park This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 5.2 Confidential Memorandum from the Director, Corporate Services & City Solicitor Re: Potential Acquisition of Frenchman's Bay This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #623/24 Moved by Councillor Butt Seconded by Councillor Cook That Council rise and resume into the open session of the Regular Meeting of Council. Carried 6. Confidential Special Council – Public Report (Council Chambers) Mayor Ashe stated that during the closed portion of the meeting, Council received confidential updates from the Chief Administrative Officer regarding the Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 6 negotiations with Toronto and Region Conservation Authority (TRCA) regarding Petticoat Creek Conservation Park and from the Director, Corporate Services & City Solicitor regarding the potential acquisition of Frenchman's Bay. These matters were discussed in closed session as they relate to a proposed or pending acquisition or disposition of land, receipt of advice subject to solicitor-client privilege, and 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. 6.1 Chief Administrative Officer, Confidential Report CAO 08-24 Re: Negotiations with Toronto and Region Conservation Authority for a Management Agreement of Petticoat Creek Conservation Park Resolution #624/24 Moved by Councillor Cook Seconded by Councillor Butt That Confidential Report CAO 08-24, regarding the update on the confidential negotiations with the Toronto and Region Conservation Authority for Petticoat Creek Conservation Park, be received for information. Carried 6.2 Confidential Memorandum from the Director, Corporate Services & City Solicitor Re: Potential Acquisition of Frenchman's Bay Having previously declared a conflict of interest, Councillor Pickles did not participate in the voting of this Item. Resolution #625/24 Moved by Councillor Cook Seconded by Councillor Robinson That the confidential direction provided to staff during the closed portion of the Meeting be approved. Carried 7. Confirmatory By-law By-law 8147/24 Draft Special Council Meeting Minutes December 2, 2024 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 7 Councillor Cook, seconded by Councillor Butt, moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of December 2, 2024. Carried 8. Adjournment Moved by Councillor Robinson Seconded by Councillor Pickles That the meeting be adjourned. Carried The meeting adjourned at 4:55 p.m. Dated this 2nd day of December, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk