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HomeMy WebLinkAboutDecember 16, 2024 Draft Council Meeting Minutes December 16, 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 J. Eddy - Director, Human Resources J. Flowers - CEO & Director of Public Libraries, Pickering Public Library L. Gibbs - Director, Community Services R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk M. Guinto - Division Head, Public Affairs & Corporate Communication V. Plouffe - Division Head, Operations Services C. Rose - Chief Planner J. Litoborski - Manager, Municipal Law Enforcement Services D. Wylie - Manager, Zoning & Administration D. Finn - Supervisor, Parks & Property 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 who was participating electronically. 2. Moment of Reflection Mayor Ashe called for a silent moment of reflection. Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 2 3. Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 4.1 Councillor Robinson declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 8.1, Corr. 26-24, Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Robinson, December 10, 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. 4.2 Councillor Pickles declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 12.2, Confidential Memorandum from the Director, Corporate Services & City Solicitor, regarding the Potential Acquisition of Frenchman’s Bay, Letter of Intent, on the basis of the possible involvement of an organization that he was affiliated with. Councillor Pickles did not take part in the discussion or vote on this matter. There was one request from credentialed media for filming in Council Chambers from Rebel News, however, the request was not approved by Council. 5. Adoption of Minutes Resolution #628/24 Moved by Councillor Butt Seconded by Councillor Cook Council Minutes, November 25, 2024 Executive Committee Minutes, December 2, 2024 Special Council Minutes, December 2, 2024 Carried 6. Presentations 6.1 Recognition of Marisa Carpino, Chief Administrative Officer Re: Receipt of the 2024 CAO of the Year Award from Municipal World Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 3 Mayor Ashe provided remarks recognizing M. Carpino, Chief Administrative Officer’s (CAO), for her accomplishments and leadership and congratulated M. Carpino on the receipt of the 2024 CAO of the Year Award from Municipal World. Mayor Ashe invited M. Carpino and her family to join him on the dais and presented M. Carpino with a framed excerpt from the Municipal World magazine and a bouquet of flowers. 7. Delegations 7.1 Ryan Linkletter, Pickering Resident RE: Corr. 27-24 The Honourable Paul Calandra, Minister of Municipal Affairs and Housing Re: Council’s concerns regarding accountability and transparency issues in the Municipal Act, 2001 R. Linkletter, Pickering Resident, appeared before Council to speak to Corr. 27-24, however, due to a breach of Section 08.06(b) of the Procedure By-law, the Chair ruled that the Delegation be concluded. 8. Correspondence 8.1 Corr. 26-24 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, December 10, 2024 J. Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering, appeared before Council and provided an overview of the Recommendation Report Regarding Complaints against Councillor Robinson and reminded Council that their role in this matter was disciplinary, and that it was not their traditional, legislated policy making role. J. Abrams noted that a 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. Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 4 J. Abrams stated that Principles Integrity conducted their investigation based on complaints received, not of their own volition. It was also noted that Freedom of Expression is protected by section 2 of the Canadian Charter of Rights and Freedoms, however, it is a right with reasonable limits, and that while City staff were not beyond the reach of criticism, that publicly made, unsupported statements can do serious harm. Principles Integrity’s Report found that Councillor Robinson had breached the Council Code of Conduct and that there was no evidence of contrition or expected change of behaviour. A Discussion ensued between Members of Council and J. Abrams regarding clarification that the public comments made by Councillor Robinson were unsupported by evidence, that Councillor Robinsons apology was not accompanied by a retraction of her statements, and clarification that Freedom of Expression is a right with reasonable limits. Having previously declared a conflict of interest, Councillor Robinson did not vote on the following item. Resolution #629/24 Moved by Councillor Pickles Seconded by Councillor Cook 1. That the Report of the Integrity Commissioner, dated December 10, 2024, as contained in Corr. 26-24, pertaining to Councillor 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 January 3, 2025 pay date and ending after the March 14, 2025 pay date. Carried Unanimously on a Recorded Vote Council recessed at 7:58 p.m. and reconvened at 8:11 p.m. Councillor Robinson was not present at the time the Meeting reconvened. 8.2 Corr. 27-24 The Honourable Paul Calandra, Minister of Municipal Affairs and Housing Re: Council's concerns regarding accountability and transparency issues in the Municipal Act, 2001 Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 5 Resolution #630/24 Moved by Councillor Butt Seconded by Councillor Cook That Corr. 27-24, from The Honourable Paul Calandra, Minister of Municipal Affairs and Housing, dated December 10, 2024, regarding Council's concerns regarding accountability and transparency issues in the Municipal Act, 2001, be received for information. Carried 8.3 Corr. 28-24 Susan Cassel, City Clerk, City of Pickering Re: Council Appointment to the Cultural Advisory Committee (CAC) Resolution #631/24 Moved by Councillor Butt Seconded by Councillor Cook That Councillor Nagy be appointed to the Cultural Advisory Committee for a term ending November 14, 2026. Carried 9. Report EC 10-24 of the Executive Committee held on December 2, 2024 9.1 Chief Administrative Officer, Report CAO 06-24 Seaton Recreation Complex & Library Project Update - RFP2024-7 – Milestone Report #1 Council Decision: That Report CAO 06-24 regarding the Seaton Recreation Complex & Library Project Update be received for information. 9.2 Chief Administrative Officer, Report CAO 07-24 Pickering Heritage & Community Centre Project Update - Tender No. T2023-12 – Milestone Report #2 Council Decision: Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 6 That Report CAO 07-24 regarding the Pickering Heritage & Community Centre Project Update be received for information. Resolution # 632/24 Moved by Councillor Butt Seconded by Councillor Pickles That Report EC 10-24 of the Executive Committee Meeting held on December 2, 2024, be adopted. Carried 10. Reports – New and Unfinished Business 10.1 Director, Corporate Services & City Solicitor, Report BYL 05-24 Use of Charcoal Barbeques in City Parks A brief discussion ensued between Members of Council and staff regarding: • which parks were designated for the permitted use of charcoal barbeques and that Pickering’s Waterfront was excluded; • that suitable coal disposal bins would be provided by the City; • whether clear signage would be posted; and, • that the City would not be supplying charcoal barbeques, permanent or otherwise. Resolution #633/24 Moved by Councillor Butt Seconded by Councillor Nagy 1. That Report BYL 05-24 regarding the use of charcoal barbeques in City of Pickering parks be received; 2. That staff be directed to consider the use of charcoal barbeques in the design or redesign of any City of Pickering parks; 3. That permits under Parks By-law 5495/99 for the use of charcoal barbeques be issued by Community Services with a permit fee of $20.00, that such fee be added to the Fees and Charges By-law and that Council approve the amendment to the Fees and Charges By-law 6191/03 (Attachment 2) Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 7 required to give effect to this change; 4. That the fee specified in the Fees and Charges By-law for permitted park use be eliminated for groups of 0-24 people, and that the said fee be set at $53.00 for groups of 25-49 people, and that Council approve the amendment to the Fees and Charges By-law 6191/03 (Attachment 2) required to give effect to this change; 5. That permit applications for the use of charcoal barbecues (Attachment 1) be accepted only for the parks listed in this report; and, 6. That appropriate officials of the City of Pickering be authorized to take such action as necessary to give effect to the recommendations in this report. Carried 10.2 Chief Administrative Officer, Report CAO 09-24 Pickering’s 25th Anniversary of becoming a City A brief discussion ensued between Members of Council and staff regarding the opportunity to increase public engagement through City led events. Resolution #634/24 Moved by Councillor Brenner Seconded by Councillor Butt That Report CAO 09-24 regarding Pickering’s 25th Anniversary of becoming a City be received for information. Carried 10.3 Director, Economic Development & Strategic Projects, Report ECD 04-24 Amendment to Location Agreement for Use of City Property at 3800 Sideline 32 - Sunbelt Rentals Film & TV – Backlot Resolution #635/24 Moved by Councillor Butt Seconded by Councillor Cook 1. That Report ECD 04-24 from the Director, Economic Development & Strategic Projects regarding amending the current Location Agreement with Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 8 Sunbelt Rentals of Canada Inc. for the temporary use of City property at 3800 Sideline 32 be received; 2. That Staff be authorized to amend the current agreement with Sunbelt Rentals of Canada Inc., allowing for a reduction in the lease rate from $31,836 plus HST (2025 rate) to $17,000 plus HST, from February 1, 2025 to September 30, 2026; 3. That the Mayor and City Clerk are hereby authorized to execute the Amending Agreement between the City of Pickering and Sunbelt Rentals of Canada Inc. in substantially the form as attached to this report, subject to revisions as may be acceptable to the City Solicitor and Director, Economic Development & Strategic Projects; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10.4 Director, City Development & CBO, Report PLN 33-24 Zoning By-law Amendment Application A 01/24 City Initiated: Final City of Pickering Consolidated Zoning By-law Councillor Robinson rejoined the meeting at 8:28 p.m. A Discussion ensued between Members of Council and staff regarding: • that minimum parking requirements for short term rentals would be accommodated by current residential parking requirements; • whether the tenant or landowner was responsible for paying parking tickets issued; • the communication strategy to the public and ensuring a general understanding of the Consolidated Zoning By-law was provided; and, • concerns that Council was not provided the Consolidated Zoning By-law package with enough time for a thorough review. Resolution #636/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report PLN 33-24, regarding the final City Initiated City of Pickering Consolidated Zoning By-law, be received; and, Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 9 2. That the final Consolidated Zoning By-law, set out as Appendix I to Report PLN 33-24, be enacted, save and except that an additional requirement be added to “Table 4.1: Height and Setback Requirements” for accessory buildings containing an additional dwelling unit as follows: Requirement Lots with an area of 2,000 square metres or less Lots with an area greater than 2,000 square metres Minimum set back from buildings located within the same lot 0 m 0 m Carried on a Recorded Vote as Follows: Yes: No: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe Councillor Robinson 11. By-laws 11.1 By-law 8148/24 Being a by-law to amend By-law 6191/03 to confirm General Municipal Fees. 11.2 By-law 8149/24 Consolidated Zoning By-law. Resolution #637/24 Moved by Councillor Butt Seconded by Councillor Nagy That By-law Number 8148/24 and By-law 8149/24, as amended, be approved. Carried Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 10 12. Confidential Council – Public Report Mayor Ashe stated that prior to the Regular Council Meeting, an In-camera session was held at 6:00 pm in accordance with the provisions of the Municipal Act and Procedure By-law to consider matters pertaining to personal matters about an identifiable individual, including municipal or local board employees, a proposed or pending acquisition or disposition of land by the municipality or local board, advice that is subject to solicitor- client privilege, including communications necessary for that purpose, 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 or local board. These matters were discussed in closed session as they pertain to the Indemnification By-law 5038/97 and the potential acquisition of Frenchman’s Bay. Carried 12.1 Confidential Verbal Update from the Chief Administrative Officer and the Director, Corporate Services & City Solicitor Re: Indemnification By-law 5038/97 Resolution #638/24 Moved by Councillor Cook Seconded by Councillor Butt That the confidential direction provided to staff at the in-camera session be approved. Carried Carried 12.2 Confidential Memorandum from the Director, Corporate Services & City Solicitor Re: Potential Acquisition of Frenchman’s Bay - Letter of Intent Having previously declared a conflict of interest, Councillor Pickles did not vote on the following item. Resolution #639/24 Moved by Councillor Nagy Seconded by Councillor Brenner That the confidential direction provided to staff at the in-camera session be approved. Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 11 Carried 13. Regional Councillor Updates 13.1 There were no updates from Regional Councillors. 14. Other Business 14.1 Councillor Pickles gave Notice of a Motion regarding Ward Boundaries. 14.2 Councillor Robinson gave Notice of a Motion regarding the prohibition of gifts and benefits. 14.3 Councillor Robinson gave Notice of a Motion regarding playing of the National Anthem before all meetings. 14.4 Councillor Robinson gave Notice of a Motion regarding changing the age 65+ seniors rates to age 55+. 15. Confirmatory By-law By-law 8150/24 Councillor Butt, seconded by Councillor Cook, moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of December 16, 2024. Carried 16. Adjournment Moved by Councillor Nagy Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 8:45 p.m. Dated this 16th day of December 2024. Draft Council Meeting Minutes December 16, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm 12 Kevin Ashe, Mayor Susan Cassel, City Clerk