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HomeMy WebLinkAboutJanuary 25, 2021-Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. 6:00 pm In Camera Council Page 1. Roll Call 2. Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ryan will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Special Council Minutes, December 14, 2020 1 (Confidential Special Council Minutes, December 14, 2020, provided under separate cover) Council Minutes, December 14, 2020 4 Executive Committee Minutes, January 4, 2021 27 Special Council Minutes, January 4, 2021 33 (Confidential Special Council Minutes, January 4, 2021, provided under separate cover) Planning & Development Committee Minutes, January 4, 2021 37 6. Presentations 7. Delegations Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 John Henry, Regional Chair, The Regional Municipality of Durham Re: Annual Update on Durham Region’s Progress 7.2 Clint Scott, Community Outreach Officer Pickering Auxiliary Rescue Association (PARA) Marine Search and Rescue Re: 2020 Year in Review & 2021 Strategic Plan 7.3 Eileen Higdon Re: Report CLK 01-21 Ward Boundary Review -Interim Report – Watson & Associates Economists Ltd. 7.4 Eileen Higdon Re: Report LEG 01-21 Broadband Service for Whitevale and Green River - ICON Grant Funding Stage 2 7.5 David Grey Eagle, Special Envoy for Grand Chief Wabiska Mukwa Metis Nation of Ontario Re: Per United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Simple Signature Protocol – Seaton Lands and All Lands in Pickering 7.6 Jennifer O’Connell, MP, Pickering-Uxbridge Re: Federal government Update on the COVID-19 Pandemic, the Universal Broadband Fund, and Other Issues 8.Correspondence 8.1 Corr. 01-21 51 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm Ralph Walton, Regional Clerk The Regional Municipality of Durham Re: Response to November 25, 2020 Notice of Motion regarding Minister’s Zoning Orders (2020-P-30) Recommendation: That Corr. 01-21, from Ralph Walton, Regional Clerk, the Regional Municipality of Durham, dated December 17, 2020, regarding the Response to November 25, 2020 Notice of Motion regarding Minister’s Zoning Orders (2020-P-30), be endorsed. 8.2 Corr. 02-21 54 Sylvia Jones, Solicitor General Office of the Solicitor General Re: The Deadline for the Completion and Adoption of a Community Safety and Well-Being (CSWB) Plan Recommendation: 1. That Corr. 02-21, from Sylvia Jones, Solicitor General, Office o f the Solicitor General, dated December 24, 2020, regarding the deadline for the completion and adoption of a Community Safety and Well- Being (CSWB) Plan, be received for information; and, 2. That Corr. 02-21, be referred to the (Acting) Director, Community Services, for inclusion in the City of Pickering 2021 Community Safety Well-Being work plan with a report back no later than the June 2021 Council Meeting. 8.3 Corr. 03-21 56 Jennifer O'Connell Member of Parliament, Pickering-Uxbridge Re: Universal Broadband Fund (UBF) Recommendation: That Corr. 03-21, from Jennifer O'Connell, Member of Parliament, dated January 7, 2021, regarding the Universal Broadband Fund (UBF), be received for information. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 8.4 Corr. 04-21 58 Ralph Walton, Regional Clerk The Regional Municipality of Durham Re: Request from the Region of Durham that the Region of York affirm by Resolution its support for the Lake Simcoe Solution as Documented in the Upper York Sewage Solutions (UYSS) Environmental Assessment Recommendation: That Corr. 04-21, from Ralph Walton, Regional Clerk, the Regional Municipality of Durham, dated January 6, 2021, regarding the Request from the Region of Durham that the Region of York affirm by Resolution its support for the Lake Simcoe Solution as Documented in the Upper York Sewage Solutions (UYSS) Environmental Assessment, be endorsed. 8.5 Corr. 05-21 Nicole Gibson, Executive Director 60 Ajax-Pickering Board of Trade Re: Evidence Based Decision Making Critical to the Survival of Small Business Recommendation: 1. That Corr. 05-21, from Nicole Gibson, Executive Director, Ajax- Pickering B oard of Trade, dated January 11, 2021, regarding the Evidence Based Decision Making Critical to the Survival of Small Business, be endorsed; and, 2. That a copy of this Resolution be forwarded to the Hon. Doug Ford, Premier of Ontario, the Hon. Peter Bethlenfalvy, MPP, Pickering- Uxbridge, and, Rod Phillips, MPP, Ajax. 9. Report EC 01-21 of the Executive Committee held on Refer to Executive January 4, 2021 Committee Agenda pages: 9.1 Director, Corporate Services & City Solicitor, Report CLK 01-21 1 Ward Boundary Review -Interim Report – Watson & Associates Economists Ltd. Recommendation: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm That Report CLK 01-21, regarding the Ward Boundary Review Interim Report, from Watson & Associates Economist Ltd., be received for information. 9.2 Director, Engineering Services, Report ENG 01-21 54 Municipal Bridge Maximum Gross Vehicle Weight Restrictions -By-law to establish a load limit 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. 9.3 Director, Corporate Services & City Solicitor, Report LEG 01-21 69 Broadband Service for Whitevale and Green River - ICON Grant Funding Stage 2 Recommendation: 1. That Council approve payment by the City of $150,000.00 towards the project to deliver broadband services to the residents and businesses of Green River and Whitevale, which payment will be made by the City upon receipt of the written commitment of Vianet Inc. to proceed with and complete construction of the project; 2. That staff be directed to continue working w ith Vianet Inc. to complete its submission of an application for grant funding from the Province’s Improving Connectivity for Ontario (ICON) Program by January 27, 2021; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 9.4 Director, City Development & CBO, Report PLN 01-21 83 Pickering Environmental Schools Grant - Results of the First Year of Funding Recommendation: 1. That Report PLN 01-21 of the Director, City Development & CBO on the results of the Pickering Environmental Schools Grant be received for information; and, 2. That a copy of Report PLN 01-21 be forwarded to the Durham Catholic District School Board (DCDSB) and Durham District School Board (DDSB) Trustees for City of Pickering, DCDSB and DDSB Directors of Education, DCDSB Superintendent of Facilities Services, DDSB EcoSchools Facilitator, DDSB Education Officer (Curriculum Grades 7-12) and eLearning Administrator, DDSB, Administrative Assistant, Student Achievement & Curriculum Department. 10. Report PD 01-21 of the Planning & Development Refer to Planning & Committee held on January 4, 2021 Development Agenda pages: 10.1 Director, Corporate Services & City Solicitor, Report LEG 02-21 113 2364722 Ontario Inc. – Plan of Subdivision 40M-2565 - Final Assumption of Plan of Subdivision - Lots 1 to 14, Blocks 15 to 21, Plan 40M-2565 - Blocks 110 t o 116, Plan 40M-1390 - File: 40M-2565 Recommendation: 1. That Gablehurst Crescent within Plan 40M-2565 be assumed for public use; 2. That works and services required by the Subdivision Agreement within Plan 40M-2565 and Blocks 110 to 116, Plan 40M-1390, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 3. That 2364722 Ontario Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2565; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10.2 Director, City Development & CBO, Report PLN 02-21 118 Zoning By-law Amendment Application A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Recommendation: That Zoning By-law Amendment Application A 04/20, submitted by Ann Harbour Estates Ltd., to permit a permanent private school use and four apartment dwelling units on lands municipally known as 631 Liverpool Road, be approved, and that the draft Zoning By-law Amendment set out in Appendix I to Report PLN 02-21 be finalized and forwarded to Council. 11. Reports – New and Unfinished Business 11.1 Director, Economic Development & Strategic Projects, Report CAO 01-21 62 2021 Pre-Budget Approval – Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Generating Station -Request for Proposal No. RFP2020-9 Recommendation: 1. That Proposal No. RFP2020-9 submitted by AECOM Canada Ltd., dated October 20, 2020, to undertake a study on the financial, economic and social impacts on the retirement of the Pickering Nuclear Generation Station in the amount of $280,148.67 (HST included) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $252,282.00 as follows: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm a) The sum of $84,094.00 to be funded from property taxes; b) The sum of $84,094.00 to be funded by The Regional Municipality of Durham; and, c) The sum of $84,094.00 to be funded by the Ontario Power Generation’s Centre for Canadian Nuclear Sustainability; 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 4. The City Clerk forward a copy of Report Number CAO 01-21 t o The Regional Municipality of Durham and Ontario Power Generation. 11.2 (Acting) Director, Community Services, Report CS 10-21 70 Facilities Asset Management System -Renewal of VFA Software Subscription and Services Recommendation: 1. That Quote #Q-194376-1 for the VFA Facilities Asset Management System software subscription for a five year period, submitted by Accruent in the amount of $200,828 (HST included) be accepted; 2. That the total gross project cost of $200,828.00 (HST included), and the total net project cost of $180,852.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance Year 1 subscription fees for net cost of $34,065.00, and five year sum of $180,852 (net HST rebate) be provided for in the 2021 Current Budget, to be funded from property taxes; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.3 (Acting) Director, Community Services, Report CS 11-21 75 Pre-budget Approval - Don Beer Arena, Rink 3 Refrigeration Plant Upgrades (Phase 1) Recommendation: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 1. That Report CS 11-21 from the (Acting) Director, Community Services for pre-budget approval of the Rink 3 Refrigeration Plant Rebuild at Don Beer Arena be received; 2. That Council grant pre-2021 Capital Budget approval and authorize the Director, Finance & Treasurer to fund the sum of $240,000.00 from Federal Gas Tax (FGT) Reserve Fund; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.4 Director, Finance & Treasurer, Report FIN 01-21 78 Council Budget Meeting Dates Recommendation: 1. That Report FIN 01-21 of the Director, Finance & Treasurer be received; 2. That the 2021 Budget Meeting Dates, previously approved through Resolution #442/20, be changed to March 4 and 5, 2021; and, 3. That the City Clerk be directed to give notice of the new meeting dates on the City’s website. 11.5 Director, Finance & Treasurer, Report FIN 02-21 80 Property Tax Deferral Program Recommendation: 1. That Report FIN 02-21 of the Director, Finance & Treasurer be received; 2. That the Director, Finance & Treasurer be authorized to develop a 2021 Property Tax Deferral Program for the residential property tax class and that the property tax payments be deferred and interest and penalty be waived for up to ninety days for those that meet the criteria; and, For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.6 Director, City Development & CBO, Report PLN 06-21 82 Environmental Registry Posting 019-2811 Comments on the Minister of Municipal Affairs and Housing’s authority to address site plan matters and apply inclusionary zoning as part of a ministerial zoning order Recommendation: 1. That the comments in Report PLN 06-21 on Environmental Registry Posting (ERO) 019-2811 regarding certain legislative provisions in the Planning Act that enable the Minister of Municipal Affairs and Housing to address site plan matters and apply inclusionary zoning as part of a ministerial zoning or der, be endorsed; 2. That the Province repeal recent changes through Bill 197 which provide enhanced powers that enable the Province to address site plan matters as part of a ministerial zoning order on the basis that: a. municipalities are better positioned to carry out this function; b. the site plan control process administered by the local municipality provides the best and only mechanism for ensuring the public and community interest is maintained and upheld where the land use zoning for a development is approved through a ministerial zoning order; c. the Province does not have the local or technical expertise (engineering, urban design, landscaping, transportation, and fire), processes, or the same established working relationships to replace or fulfill these functions, which may result in delays or longer processes; and, d. exemption from or uploading of these functions may also result in many practical challenges in terms of how detailed conditions will be formulated, finalized, and implemented in co- ordination with local municipal planning staff and various service agencies; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 3. That the Province repeal recent changes through Bill 197 which provide enhanced powers that enable the Province to apply inclusionary zoning as part of a ministerial zoning order on the basis that: a. municipalities are better positioned to administer inclusionary zoning; b. inclusionary zoning should not be arbitrarily administered in the absence of a required analysis and where associated municipal planning policies and regulations are not in place; and, c. requiring the provision of affordable housing without the necessary supportive tools, financing, policy, and regulatory framework, may result in projects not being viable or appropriately located or sized, among other issues; 4. That should these enhanced powers around site plans and inclusionary zoning be maintained: a. consideration be given to scoping these powers to certain areas of the province or jurisdictions that are not well equipped to handle these functions in an expeditious manner; b. municipalities be consulted extensively when the Province is considering exempting a project from site plan approval and/or assuming oversight for the process and when implementing inclusionary zoning requirements; c. stringent criteria be developed in consultation with municipalities as to which specific projects qualify to be exempt from local site plan control; d. details be provided on how these procedural and logistical matters would be addressed; in particular, clarification should be provided around who will be responsible for handling ongoing implementation matters after the approvals are in place such as necessary changes and inspections; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm e. the proponent be required to complete and/or satisfactorily address the nec essary technical studies, agreements, and matters of interest that are ordinarily addressed through the City’s site plan control process to ensure there will not be any unacceptable impacts on or off the site or to the municipality as a result of the development; and, f. provision be made for financial compensation to municipalities and, where applicable, conservation authorities, by the proponent or the Province for time spent by staff on reviewing and commenting functions on these applications to offset the foregone planning application/review fee revenue that would otherwise have been collected by the municipality; 5. That the Province provide further clarification on how exactly the enhancements related to site plan matters and inclusionary zoning support: a. the delivery of transit station infrastructure; b. optimization of surplus lands and what is meant by the term “surplus lands” in this context; and, c. what constitutes a strategic project in this context; 6. That staff be directed to respond to ERO posting 019-2811 with a copy of Report PLN 06-21 and Council’s resolution thereon, and that a copy of Report PLN 06-21 be forwarded to the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham Area Municipalities. 12. Motions and Notice of Motions 12.1 City of Pickering Trade Centre Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS, the Pickering Markets has been an integral part of our business and community landscape for nearly half a century; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm And Whereas, as Ontario’s largest m arket, it was a vibrant, eclectic, and multicultural destination for residents in Pickering, and across the GTA; And Whereas, the COVID-19 restrictions and shutdowns have resulted in the permanent c losure of the Pickering Markets, housing over 400 small businesses; And Whereas, the City of Pickering recognizes the important role that the Pickering Markets has played in supporting entrepreneurs and small businesses over the past f our decades; And Whereas, buying local provides much-needed support to local businesses, and aides in Ontario's economic and social recovery from the pandemic; And Whereas, there is an opportunity to support the vendors displaced by the closure of the Pickering Markets, by launching a new iteration at a different l ocation, thereby achieving Provincial objectives set out in the ‘Support Loc al’ campaign; Now Therefore be it resolved that the Council for The Corporation of the City of Pickering recognizes the importance of supporting local businesses, es pecially during the COVID-19 pandemic, and the need to assist displaced vendors from the Pickering Market closure, and: 1.Directs through the Office of the Interim CAO, the Director of Economic Development & Strategic Projects to undertake research to identify an appropriate site location for a City of Pickering Trade Centre; and, 2.That staff work with appropriate community stakeholders to facilitate discussions between various parties that may be interested in leasing space, relocating or investing towards a potential trade centre in Pickering, and provide a status report to Council no later than the end of June 2021. 13. By-laws 13.1 By-law 7807/21 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 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 ENG 01-21 and page 58 of the Executive Committee Agenda] 13.2 By-law 7808/21 91 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Rotary Frenchman’s Bay West Park (A 10/18) 13.3 By-law 7809/21 96 Being a By-law to adopt Amendment 41 to the Official Plan for the City of Pickering (OPA 19-004/P) 101 13.4 By-law 7810/21 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 in the City of Pickering (A 01/20) 105 13.5 By-law 7811/21 Being a by-law to amend Zoning Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R- 20148, in the City of Pickering. (A 04/20) 13.6 By-law 7812/21 109 Being a by-law to exempt Part of Lots 196 and 197, Plan 40M-2631, being Parts 1, 2, 3 and 4, Plan 40R-31202, Pickering from the part lot control provisions of the Planning Act. 13.7 By-law 7813/21 112 Being a by-law to appoint Catalina Blumenberg as the Deputy Clerk for The Corporation of the City of Pickering For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca -Cift;of­Council Meeting Agenda p](KERJNG January 25, 2021 Electronic Meeting 7:00 pm 14. Confidential Council – Public Report 15. Other Business 16. Confirmation By-law 17. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Special Council Meeting Minutes December 14, 2020 Electronic Meeting 6:00 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk C. Rose - Chief Planner K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. In Camera Matters Resolution # 473/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: - 1 - Special Council Meeting Minutes December 14, 2020 Electronic Meeting 6:00 pm c) a proposed or pending acquisition or disposition of land by the municipality or local board (Item 3.1); e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Item 3.2); f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Items 3.1 and 3.2); and, k) 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 (Item 3.1). Carried 3.1 Verbal Update from the Interim Chief Administrative Officer and Director, Corporate Services & City Solicitor Re: Proposed Land Expropriation 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.] 3.2 Verbal Update from the Interim Chief Administrative Officer and Director, Corporate Services & City Solicitor Re: Litigation or Proposed Litigation 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 # 474/20 Moved by Councillor Cumming Seconded by Councillor Pickles That Council rise and ratify the recommendations from the closed session. Carried Mayor Ryan stated that during the closed portion of the meeting, Council received 2 verbal updates from the Interim CAO and Director, Corporate Services & City Solicitor regarding a proposed land expropriation and litigation or potential - 2 - Special Council Meeting Minutes December 14, 2020 Electronic Meeting 6:00 pm litigation, received advice subject to solicitor-client privilege and provided direction to staff. 4. Confirmation By-law 7804/20 Councillor Pickles, seconded by Councillor Cumming moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of December 14, 2020. Carried 5.. Adjournment Moved by Councillor Butt Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 6:49 p.m. Dated this 14th of December, 2020. David Ryan, Mayor Susan Cassel, City Clerk - 3 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Hagg - Fire Chief J. Flowers - CEO & Director of Public Libraries, Pickering Public Library R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk K. Senior - Manager, Accounting Services C. Rose - Chief Planner V. Ploufe - Manager, Facilities Capital Projects R. Perera - Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ryan read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest - 4 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm No disclosures of interest were noted. 5. Adoption of Minutes Resolution # 475/20 Moved by Councillor Cumming Seconded by Councillor Butt In-Camera Council Minutes, November 23, 2020 Council Minutes, November 23, 2020 Executive Committee Minutes, December 7, 2020 Special Council Minutes, December 7, 2020 Planning & Development Committee Minutes, December 7, 2020 Carried Resolution # 476/20 Moved by Councillor Pickles Seconded by Councillor Cumming That the order of the agenda be changed to hear Item 11.1, Report FIN 18-20, as the next item of business. Carried 11.1 Director, Finance & Treasurer, Report FIN 18-20 2019 Year End Audit A brief question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer, regarding: • whether the audit consisted of a review of operational systems in addition to financial systems; • whether the scope of the audit included a review of efficiencies on cost savings; • whether the audit commented on debt risk with Mr. Karwowski advising that the Report noted that the City is within the Provincially established debt limit; and, • the City having a clean audit report as noted in Report FIN 18-20. Resolution # 477/20 - 5 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Moved by Councillor Cumming Seconded by Councillor Butt 1. That the Report to Council on the 2019 Audit as submitted by Deloitte LLP (Deloitte) be received for information; and, 2. That the 2019 draft Audited Consolidated Financial Statements for the City of Pickering be approved. Carried 6. Presentations There were no presentations. 7. Delegations 7.1 Garry Winsor Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Garry Winsor withdrew his delegation and did not connect to the electronic Council Meeting. 7.2 Paul White, Fairport Beach Neighbourhood Association Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Paul White, Fairport Beach Neighbourhood Association, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Mr. White noted that the Fairport Association had previously owned a large portion of the waterfront property. He stated that Schedule 6 of Bill 229 would undo the work undertaken by previous governments to protect and preserve land, and natural resources, and questioned the reasoning behind changing longstanding legislation during a pandemic, adding that the Bill does not address funding. He noted that the amendments would have serious impacts for municipalities in controlling development, and access to expertise from conservation authorities when seeking to challenge applications. Mr. White noted that the Act would also impact a number of other pieces of legislation and would impact the autonomy of local municipalities. Mr. White concluded his delegation by asking Members of Council to support the Notice of Motion to Request to Repeal - 6 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). 7.3 Brandon Underwood Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Brandon Underwood, 1215 Bayly Street, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Mr. Underwood noted that Schedule 6 of Bill 229 would tear away the protection provided by conservation authorities for natural resources, and that the Notice of Motion was a beacon of light following the City’s two recent applications for a Minister’s Zoning Order (MZO). He added that the new legislation would allow the Ministry of Natural Resources and Forestry to issue permits allowing the destruction of provincially significant wetlands and forests, commenting that the City’s Project Lonestar would destroy such wetlands. Mr. Underwood referred to a City video that identified these wetlands as being functionally disconnected from the Duffins Creek, adding that the video also referred to an Ecological Study that identified the wetlands as providing limited ecological functions for flora, fauna and wildlife. Mr. Underwood noted that when asked for the Study, City Staff had advised that they did not have a copy of it. He commented that the wetlands have more purpose than flora and fauna and can be connected in ways in which we cannot see, noting that according to the City’s Official Plan, these wetlands are in vulnerable areas and contain ground water recharge areas. He further noted that a Study posted on the City’s website, conducted by Beacon Environmental, calls the headwater drainage features that are planned to be destroyed to construct a warehouse, as important wetlands and recommended their conservation and protection. Mr. Underwood raised further concerns regarding the adverse impacts of flooding and climate change, and referred to a report that indicated the flow from some of the wetlands on the Durham Live site into the waterways that connected into the lower Duffins Creek. Mr. Underwood noted that one of the ways to stop this warehouse from being constructed would be to support the Notice of Motion, as Bill 229 provided developers the right to fast track applications and increased rights to appeal decisions which are in return not provided to residents who wish to protect natural resources. Mr. Underwood concluded his delegation by noting that Bill 229 removed science from such decisions and asked Members of Council to support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Councillor McLean requested Mr. Underwood provide a copy of his delegation to the City Clerk. - 7 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 7.4 Csilla Goldsmith Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Csilla Goldsmith, Pickering resident, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Ms. Goldsmith noted the need for flood control measures, protection of watersheds for clean drinking water, protection of wildlife species, and the need to protect lands from development for future generations. She added that history would not look kindly on politicians who destroyed land to receive financial gain from developers, noting that developers could purchase land for development through the open market. Ms. Goldsmith concluded her delegation by asking Members of Council to support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). 7.5 Jane Stone Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Jane Stone, Pickering resident, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Ms. Stone noted that she does not trust the Provincial government to act in the best interests of the environment, adding that favoritism would be provided to developers. Ms. Stone noted that while a resolution to repeal Schedule 6 of Bill 229 would not have a major impact, it is important to inform the Province that the City does not consent to the new legislation. Ms. Stone concluded her delegation by asking Members of Council to support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). 7.6 Helen Brenner Re: Notice of Motion Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Helen Brenner, 1422 Highbush Trail, joined the electronic meeting via audio connection in support of the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020). Ms. Brenner asked Members of Council to support this motion as well as the repeal of Schedule 8 of Bill 229, adding that Schedule 8 provided developers - 8 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm easy access to forests. Ms. Brenner noted that Pickering has relied on the expertise of the Toronto and Region Conservation Authority (TRCA) and that the new amendments would provide new powers to the Minister to issue conservation permits without the consent of Municipal Council. She noted that on June 29, 2020 Council approved Dorsay’s request for a MZO for lands located in northeast Pickering allowing development on the Carruthers Creek watershed, disregarding the TRCA’s draft Carruthers Creek Watershed Plan 2020-2030. She noted that the Council Minutes of the September 22, 2020 Pickering Council meeting indicated that the City was seeking to have the TRCA’s draft Carruthers Creek Watershed Plan changed to allow for alteration to the natural heritage system. She further added that a similar approach was also taken with Project Lonestar which would remove provincially significant wetlands, the lower Duffins Creek complex, woodland, and wildlife habitat, to construct a warehouse. She noted that the City of Toronto is currently spending $1 billion in tax dollars to undo damage done by developers. Ms. Brenner also expressed concerns regarding the building of an airport in the northeast federal lands in Pickering. She concluded her delegation by asking that Council respect the democratic process of listening to their constituents and support the Notice of Motion to Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) as well as the repeal of schedule 8 of Bill 229. Councillor McLean requested Ms. Brenner provide a copy of her delegation to the City Clerk. 8. Correspondence 8.1 Corr. 59-20 Jennifer Bennett, Deputy Clerk Municipality Of Marmora and Lake Re: Council Resolution – Accessibility for Ontarians with Disabilities Act – Website support Resolution # 478/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 59-20, from Jennifer Bennett, Deputy Clerk, Municipality Of Marmora and Lake, dated November 25, 2020, regarding the Council Resolution – Accessibility for Ontarians with Disabilities Act – Website support, be endorsed. Carried 8.2 Corr. 60-20 Ralph Walton, Regional Clerk - 9 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm The Regional Municipality of Durham Re: Envision Durham – Framework for a New Regional Official Plan (2020-P-24) Resolution # 479/20 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Corr. 60-20, from Ralph Walton, Regional Clerk, the Regional Municipality of Durham, dated November 26, 2020, regarding the Envision Durham – Framework for a New Regional Official Plan (2020-P-24), be received for information; and, 2. That Corr. 60-20 be referred to the Director, City Development & CBO, for a review, as it pertains to the City of Pickering, and report back, with their comments, no later than the February Council Meeting. Carried 8.3 Corr. 61-20 Kevin Narraway, Manager of Legislative Services/Deputy Clerk Town of Whitby Re: Correspondence # 2020-887 received by C. Harris, Town Clerk, from Central Lake Ontario Conservation Authority (CLOCA) regarding Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act Brief discussion ensued between Members of Council regarding CLOCA unanimously passing a resolution regarding the removal of Schedule 6 of Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act. Resolution # 480/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 61-20, from Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby, dated November 25, 2020, regarding a Correspondence # 2020-887 received by C. Harris, Town Clerk, from Central Lake Ontario Conservation Authority (CLOCA) regarding Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act, be received for information. Carried - 10 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 8.4 Corr. 62-20 Association of Municipalities of Ontario AMO Policy Update – Bill 229, Schedule 6 (CA Act) Proposed Amendments Resolution # 481/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 62-20, from the Association of Municipalities of Ontario (AMO), dated November 30, 2020, regarding the AMO Policy Update – Bill 229, Schedule 6 (CA Act) Proposed Amendments, be received for information. Carried 9. Report EC EC 2020-09 of the Executive Committee held on December 7, 2020 9.1 Director, Finance & Treasurer, Report FIN 17-20 Statutory Public Meeting Regarding Development Charges Update Study Council Decision: 1. That Report FIN 17-20 of the Director, Finance & Treasurer be received; 2. That Council receive for information the City of Pickering – Development Charges (DC) Update Study prepared by Watson & Associates Economists Ltd. dated October 15, 2020 and Addendum to the DC Update Study dated November 2, 2020; 3. That all written submissions made at the December 7, 2020 Public Meeting or received in writing from the public by December 9, 2020 be referred to staff and to Watson & Associates Economists Ltd. for consideration in preparation of the final Development Charges recommendations and By- law for Council’s consideration on December 14, 2020; and, 4. That the appropriate City of Pickering officials be authorized to take the actions as indicated in this report. 9.2 Director, Corporate Services & City Solicitor, Report BYL 05-20 Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Council Decision: - 11 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 1. That Report BYL 05-20 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; 2. That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2022; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.3 (Acting) Director, Community Services, Report CS 31-20 Cultural Strategic Plan - Mid-term Update This item was referred back to staff at the Executive Committee meeting held on December 7, 2020. 9.4 Director, Engineering Services, Report ENG 11-20 Stormwater Management Facilities Asset Management Plan - Final Report July 2020 Council Decision: 1. That the Stormwater Management Facilities Asset Management Plan, Final Report July 2020, prepared by The Municipal Infrastructure Group Ltd. a T.Y. LIN International Company be received for information; 2. That Council endorse the Stormwater Management Facilities Asset Management Plan to be used by staff as a resource document for identifying and planning maintenance projects for the Stormwater Management Facilities under the jurisdiction of the City of Pickering; 3. That staff be authorized to implement the recommendations within the Stormwater Management Facilities Asset Management Plan, subject to budget and further Council approval for the individual projects; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.5 Director, Engineering Services, Report ENG 14-20 Proposed All-way Stop Control, Pickering Parkway and Glenanna Road Council Decision: - 12 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 1. That the attached draft by-law be enacted to amend Schedule "7" to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of Pickering Parkway and Glenanna Road; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.6 Director, Finance & Treasurer, Report FIN 15-20 2021 Interim Spending Authority Council Decision: 1. That the 2021 Interim Operating Expenditures be approved at 50 per cent of the prior year’s budget, including adjustments, as contained in Attachment 1, pending approval of the 2021 Current Budget by Council; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.7 Director, Finance & Treasurer, Report FIN 16-20 2021 Temporary Borrowing By-law Council Decision: 1. That the temporary borrowing limit of $55 million be established to meet 2021 current expenditures pending receipt of taxes and other revenues for the period of January 1 to September 30, 2021 inclusive, and $27 million thereafter until December 31, 2021; 2. That the temporary borrowing limit for capital purposes for 2021 be established at $63 million; 3. That the attached draft by-law providing for the temporary borrowing of monies be enacted; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.8 Director, Corporate Services & City Solicitor, Report LEG 10-20 Retail Sale of Cannabis in Pickering Council Decision: - 13 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 1. That the City of Pickering hereby opts in to allow cannabis retail stores within Pickering; 2. That a copy of these recommendations be forwarded to the Alcohol and Gaming Commission of Ontario ("AGCO"); and, 3. That the appropriate City of Pickering officials be authorized to take such actions as are necessary to implement the recommendations in this report. 9.9 Director, City Development & CBO, Report PLN 31-20 Heritage Property Tax Relief Program and Implementing By-law City of Pickering This item was referred back to staff at the Executive Committee meeting held on December 7, 2020. Resolution # 482/20 Moved by Councillor Butt Seconded by Councillor Pickles That Report EC 2020-09 of the Executive Committee Meeting held on December 7, 2020 be adopted. Carried 10. Report PD 2020-09 of the Planning & Development Committee held on December 7, 2020 10.1 Director, City Development & CBO, Report PLN 24-20 City Initiated Official Plan Amendment: Ecosystem Compensation Recommended Amendment 35 to the Pickering Official Plan File: OPA 19-003/P This item was referred back to staff at the Planning & Development Committee meeting held on December 7, 2020. 10.2 Director, City Development & CBO, Report PLN 25-20 Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority regarding the administration and collection of fees and technical guidance in relation to the TRCA’s Guideline for Determining Ecosystem Compensation, June 2018 - 14 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm This item was referred back to staff at the Planning & Development Committee meeting held on December 7, 2020. 10.3 Director, City Development & CBO, Report PLN 28-20 Zoning By-law Amendment Application A 10/18 City Initiated: Rotary Frenchman’s Bay West Park Council Decision: That City Initiated Zoning By-law Amendment Application A 10/18 to zone lands within Rotary Frenchman’s Bay West Park from “R4” – Detached Dwelling Fourth Density and “G” – Greenbelt to “OS” – Open Space, be approved and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 28-20, be enacted by Council. 10.4 Director, City Development & CBO, Report PLN 29-20 Official Plan Amendment OPA 19-004/P Zoning By-law Amendment Application A 14/19 Draft Plan of Subdivision Application SP-2019-04 Draft Plan of Condominium Application CP-2019-05 Katanna Oklahoma LP Part of Lot 28, Broken Front Concession Range 3, Now Part of Part 1, 40R-2401 (755 Oklahoma Drive) Council Decision: 1. That Official Plan Amendment Application OPA 19-004/P, submitted by Katanna Oklahoma LP, to re-designate the lands located on the southeast corner of Eyer Drive and Oklahoma Drive from “Urban Residential Areas – Low Density Areas” to “Urban Residential Areas – Medium Density Areas” to allow a residential common element condominium development be approved, and that the draft by-law to adopt Amendment 41 to the Pickering Official Plan as set out in Appendix I to Report PLN 29-20 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 14/19, submitted by Katanna Oklahoma LP, to facilitate a residential common element condominium development consisting of 27 townhouse units on the lands located at the southeast corner of Eyer Drive and Oklahoma Drive, be endorsed subject to the provisions contained in Appendix II to Report PLN 29-20, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 3. That Draft Plan of Subdivision Application SP-2019-04, submitted by Katanna Oklahoma LP, to establish a single development block to facilitate - 15 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm a common element condominium, and a block for a road widening, as shown on Attachment #6 to Report PLN 29-20, and the implementing conditions of approval, as set out in Appendix III, be endorsed. 10.5 Director, City Development & CBO, Report PLN 30-20 Zoning By-law Amendment Application A 01/20 Universal City Six Developments Inc. Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 (1010 Sandy Beach Road) Council Decision: That Zoning By-law Amendment Application A 01/20, submitted by Universal City Six Developments Inc., to permit a high-density residential condominium building, be approved, and that the implementing Zoning By-law Amendment be forwarded to Council for enactment. Resolution # 483/20 Moved by Councillor Pickles Seconded by Councillor Cumming That Report PD 2020-09 of the Planning & Development Committee Meeting held on December 7, 2020 be adopted. Carried 11. Reports – New and Unfinished Business 11.2 (Acting) Director, Community Services, Report CS 02-20 Tender for Chestnut Hill Developments Recreation Complex – Lobby & Core Area Renovations – Construction Resolution # 484/20 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Tender No. T2020-16 submitted by 1568796 Ontario Inc., O/A Renokrew in the amount of $5,587,299.13 (HST included) be accepted; 2. That the total gross project cost of $6,257,776.00 (HST included), including the amount of the tender, contingency, and other associated costs, and the total net project cost of $5,635,321.00 (net of HST rebate), be approved; - 16 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $5,635,321.00 as follows: a) the sum of $6,000,000.00 as provided for in the 2020 Recreation Complex-Core Capital Budget be revised to $5,600,000.00, and be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years; b) the balance sum of $35,321.00 to be funded by a transfer from the Rate Stabilization Reserve; c) the annual repayment charges in the approximate amount of $395,000.00 be provided for in the annual Current Budget commencing in 2021 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; and, 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 City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 11.3 Director, Economic Development & Strategic Projects, Report CAO 07-20 Economic Development & Strategic Projects Year End Review A question and answer period ensued between Members of Council and Staff regarding: • how the success of the initiatives outlined in Report CAO 07-20 would be measured; • the number of comments received as feedback regarding each initiative, as the data pertaining to this was indicated as percentages in the Report; • work conducted by Staff to connect Pickering business with the Region’s Shop Local initiative; • the need to create a business resilience plan as part of the economic development strategic plan; • the number of businesses that were engaged regarding the development on Kingston Road and how this engagement was conducted; - 17 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm • the number of businesses that were engaged to conclude the 47 per cent of businesses reporting a decrease in numbers of staff since March 2020; • viewership for the business recovery podcast and the virtual town hall meetings; • jobs brought to the City through economic development initiatives in 2020; • closure of PNGS and its effect on satellite companies located in the City; • difficulty experienced by residents in W ard 3 in connecting to broadband and when these issues would be resolved; and, • whether Staff are engaging with Bell, Rogers and other prominent service providers for broadband services. Resolution # 485/20 Moved by Councillor Butt Seconded by Councillor Pickles That report CAO 07-20 regarding Economic Development & Strategic Projects Year End Review be received for information. Carried 11.4 Director, Engineering Services, Report ENG 15-20 Request for Additional Funding for Consulting Services - Beachfront Park Rehabilitation & Needs Assessment Study A brief question and answer period ensued regarding whether the community consultation component of the project had begun, with Richard Holborn, Director, Engineering Services, advising that Staff were directed by Council to report on the public consultation component of the project in March 2021, and that Staff were proposing funds in the 2021 budget. Resolution # 486/20 Moved by Councillor Brenner Seconded by Councillor McLean 1. That the additional fee proposal as submitted by the MBTW Group Inc. in the gross amount of $15,086.00 (HST included) and a net amount of $13,585.00 (net of HST rebate) for the increase in scope of work for the Beachfront Park Rehabilitation & Needs Assessment Study, and associated costs for Geotechnical Investigations in the gross amount of $1,718.00 (HST included) and a net amount of $1,547.00 (net of HST rebate) be accepted; - 18 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 2. That the Director, Finance & Treasurer be authorized to finance the increase in the total net project cost in the amount of $15,132.00 as follows: a) The sum of $10,214.00 by a transfer from the Development Charges Growth-Related Studies Reserve Fund; and, b) The sum of $4,918.00 from property taxes; 3. That the appropriate officials of the City of Pickering to authorized to take the necessary actions as indicated in this report. Carried 11.5 Director, City Development & CBO, Report PLN 32-20 Two-year Period Exemption Request for Minor Variance Application P/CA 66/20 Trillium Housing Oak Non-Profit Corporation Part Lot 18, Concession 3 Now Part 1, 40R-29457 (2635 William Jackson Drive) A brief question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding the purpose of Report PLN 32-20. Mr. Bentley advised that due to the recent amendments to the Planning Act, which removed the ability for an applicant to apply for a minor variance for two years following the passing of an applicant-initiated zoning by-law amendment, that a resolution was required by Council to allow the minor variance application to proceed to the Committee of Adjustment for consideration. Resolution # 487/20 Moved by Councillor Pickles Seconded by Councillor Butt That Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permit the Committee of Adjustment to consider Minor Variance Application P/CA 66/20 resulting from the further processing of the Site Plan or Building Permit applications, submitted by Trillium Housing Oak Non-Profit Corporation, for land municipally known as 2635 William Jackson Drive, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried 11.6 Director, Finance & Treasurer, Report FIN 19-20 2020 Development Charges Update Study - 19 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm A brief question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer, regarding: • whether the animal shelter would qualify for funding under the old or new Development Charges regime; • implementation of the new Community Benefit Charge (CBC) and how it could be applied to funding for the Shelter; • impact of the changes to the development charges as it pertains to Pickering’s new Heritage Community Centre; and, • whether the renovations for the Chestnut Hill Recreation Complex would be covered under development charges, with Mr. Karwowski advising that the project would not be covered as it relates to maintenance and not expansion or growth. Resolution # 488/20 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Report FIN 19-20 of the Director, Finance & Treasurer be received; 2. That Council receive for information and approve the 2020 Development Charges Update Study-Office Consolidation of October 15, 2020 and November 2, 2020 Addendum, prepared by Watson & Associates Economists Ltd. dated November 2, 2020; 3. That the originally proposed By-law has not been modified since the public meeting on December 7, 2019 and Council confirms that no further public meeting under the Development Charges Act, 1997 (s.12) is necessary as a result; 4. That the draft By-law attached to this report be enacted; 5. That the City Clerk be instructed to undertake the By-law passage notification provisions under the Development Charges Act, 1997 and Ontario Regulation 82/98; 6. That subject to Council approval of the 2021 Budget, Council approve the hiring of the firm Watson & Associates Economists Ltd., to be retained for the 2021/2022 Development Charges Background Study and the Community Benefit Charge Study at a cost not to exceed $70,000 to be financed from the Development Charges Reserve Funds-Growth-Related Studies; and, - 20 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm 7. That the appropriate City of Pickering officials be authorized to take the actions as indicated in this report. Carried 12. Motions and Notice of Motions 12.1 Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Discussion and a question and answer period ensued between Members of Council and Staff regarding: • the many pieces of correspondence that had been received from other municipal councils requesting that the Province delay the passing of Bill 229 to provide time for consultation; • examples of planning applications where staff had relied on the expertise of Toronto and Region Conservation Authority (TRCA); • whether the City had internal Staff that could provide the expertise provided by the TRCA; • TRCA providing a valuable service of checks and balances and enabling Council to make defendable decisions pertaining to planning applications; • Central Lake Ontario Conservation (CLOCA) passing a resolution requesting the repeal of schedule 6 of Bill 229; • the best way forward now that the Bill has been enacted, including the need for conservation authorities to put forward their specific amendments to the Province for consideration; • the position of the Association of Municipalities of Ontario (AMO)as noted in their November 30, 2020 communication regarding the change in powers for the conservation authorities; and, • the limited value in passing the motion tonight with the Bill having already been enacted. Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS, the Province of Ontario has enacted Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) Schedule 6 – Conservations Act; And Whereas, the Legislation will result in a number of changes and new sections to the Conservation Act that removes and/or significantly hinder the ability of - 21 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm conservation authorities in regulating development, permit appeal process and engaging in the review and appeal of Planning Act applications; And Whereas, these changes have raised concerns with conservation authorities and municipalities across Ontario as well as the Association of Municipalities of Ontario; And Whereas, the changes give new powers to the Minister to issue conservation authority permits that mirrors the Ministerial Zoning Order powers of the province to make land use and zoning decisions without a Council decision and without due public process, and creates a serious risk that one-off site-specific permits approved outside of the context of a local flood plan management program could pose a greater flood risk to downstream properties without an appropriate mitigation plan; And Whereas, amendments to the Planning Act will limit a conservation authority’s ability to participate at Local Planning Appeal Tribunal (LPAT) hearings; And Whereas, the City of Pickering has relied on the expertise from TRCA to provide sound scientific and technical input into complex environmental planning matters to guide Council’s decision on Planning Act applications such as the Nautical Village and Pickering’s Waterfront; And Whereas, The City does not employ or retain expertise in terrestrial and aquatic ecology and other science-based disciplines. The amendments leave the City of Pickering at greater risk to defend environmental issues without the TRCA’s support and could result in unforeseen costs to Pickering and landowners to retain needed expertise and cause unnecessary delays in the approval process; And Whereas, changes will remove the un-proclaimed provisions of Bill 139 (2017) that allow conservation authorities to issue stop work orders where there is a contravention of Section 28 regulations, and removes the enforcement tools that are necessary to protect wetlands and to stop interference and modifications in hazard lands for public health and safety; And Whereas, changes would prohibit conservation authorities from independently appealing Planning Act applications to LPAT, and shifting responsibility for enforcing natural hazard/heritage requirements to the City of Pickering; And Whereas, changes redefines the conservation authorities purpose as the delivery of mandatory programs and services (natural hazards, conservation land management and source water protection) among other programs delivered on behalf of a municipality, and would result in municipalities having to make a decision to opt in to assume these functions and separately fund watershed - 22 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm planning programs or choosing to not opt in leaving a diminished and ineffective role by conservation authorities; And Whereas, Municipal Councillors who were previously appointed to sit on the conservation authority boards would be given the authority to act on behalf of municipal interests and make recommendations to the Minister, creating a conflict between the fiduciary duty of conservation authority board members and the proposed amendment requiring board members to act on behalf of their respective councils, and provides a potential bypass of the local development approval process, resulting in the loss of scientific analysis; Now Therefore be it resolved that the Council for the Corporation of the City of Pickering does not support Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) and requests that: 1. The Province of Ontario repeal Schedule 6 of the Budget Measures Act (Bill 229) to enable continued consultations with conservation authorities, municipalities and the public; 2. The Province of Ontario respect the current conservation authority and municipal relationships; 3. That the Province of Ontario embrace their long standing partnership with conservation authorities and provide them with the tools and financial resources they require to effectively implement their watershed management roll; 4. The Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of conservation authority municipal budget processes; and, 5. Copies of this Motion be forwarded to the Honourable Premier Doug Ford, Leaders of the Ontario Opposition Parties, Pickering-Uxbridge MPP Peter Bethlenfalvy, Ajax- Whitby MPP Rod Phillips, all GTHA MPPs, and Durham Regional Council. Note: The disposition of this matter was determined through the tabling motion below: Resolution # 489/20 Moved by Councillor Ashe Seconded by Councillor Butt - 23 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm That the Notice of Motion regarding the Request to Repeal Schedule 6 of Bill 229 the Protect, Support and Recover from COVID-19 Act (Budget Measures 2020) be tabled. Carried on a Recorded Vote as Follows: Yes Councillor Ashe Councillor Butt Councillor Cumming Councillor Pickles Mayor Ryan No Councillor Brenner Councillor McLean 13. By-laws 13.1 By-law 7799/20 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. 13.2 By-law 7800/20 Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2021. 13.3 By-law 7801/20 Being a by-law to authorize Chestnut Hill Developments Recreation Complex – Lobby & Core Area Renovations – Construction project in the City of Pickering and the issuance of debentures in the amount of $5,600,000.00. 13.4 By-law 7802/20 Being a by-law regarding Development Charges to amend By-law 7595/17, as amended by By-law 7727/19 to make certain revisions to the City’s development charges involving capital cost estimates and policies. 13.5 By-law 7803/20 Being a by-law to establish certain lands within the City of Pickering, Regional Municipality of Durham, as public highways. (Enterprise Gateway) Resolution # 490/20 - 24 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Moved by Councillor Ashe Seconded by Councillor Pickles That By-law Nos. 7799/20 through 7803/20 be approved. Carried 14. Other Business 14.1 Councillor Butt requested an update from Staff regarding the installation of a four way stop sign at William Jackson Drive and related traffic studies, with Richard Holborn, Director, Engineering Services, advising that he would provide this information to Council once he had consulted with Staff on the status. 14.2 Councillor Brenner gave notice of a Notice of Motion pertaining to the Elexicon 2020 dividends and shareholder agreement. Councillor Brenner noted that he would withdraw the Notice of Motion if a decision is made by Elexicon by the time the Notice of Motion was due for publication in the agenda. 14.3 Councillor McLean gave notice that he would be bringing forward a Notice of Motion pertaining to York Region’s intent to transport sewage to Pickering’s water treatment plant. 15. Confirmation By-law By-law Number 7805/20 Councillor Ashe, seconded by Councillor McLean moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of December 14, 2020. Carried 16. Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 9:03 pm. - 25 - Council Meeting Minutes December 14, 2020 Electronic Meeting 7:00 pm Dated this 14th of December, 2020. David Ryan, Mayor Susan Cassel, City Clerk - 26 - Executive Committee Meeting Minutes January 4, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 1 Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Eddy - Director, Human Resources J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk C. Whitaker - Supervisor, Sustainability R. Perera - Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations 3.1 Celia Cooper, Esther Forde, Nikosa Holland, and Michelle Francis Pickering Cultural Advisory Committee Re: Pickering Anti-Black Racism Taskforce (PABRT) Preparatory Subcommittee Action Plan Update - 27 - Executive Committee Meeting Minutes January 4, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 2 Celia Cooper, Esther Forde, Nikosa Holland, and Michelle Francis, Pickering Cultural Advisory Committee (CAC), joined the electronic meeting via audio connection to provide an update on the Pickering Anti-Black Racism Taskforce (PABRT) Preparatory Sub-committee. Ms. Cooper noted that the Cultural Advisory Committee struck a sub-committee comprising of Celia Cooper, Esther Forde, Michelle Francis, and Nikosa Holland to undertake the work of the CAC’s Anti- Black Racism Action Plan, including the recruitment of 6 additional members through an open call application process and a standard coded interview ranking process. Ms. Cooper added that the community survey on Anti-Black Racism, intended to inform the plans and actions of the taskforce, was released on November 18, 2020 and closed on December 20, 2020. Ms. Holland provided further details on the recruitment process for the PABRT Preparatory Sub- committee and the public notification process of the survey and the recruitment process. She advised that as part of the action plan, the PABRT Preparatory Sub- committee will hold roundtable discussions within Pickering communities and added that Community Roundtables/Focus Groups, and a professional facilitator/mediator had already been recruited. 4. Matters for Consideration 4.1 Director, Corporate Services & City Solicitor, Report CLK 01-21 Ward Boundary Review - Interim Report – Watson & Associates Economists Ltd. Consultant Delegation Jack Ammendolia, Managing Partner and Director, Education, Watson & Associates Economists Ltd., and Dr. Robert J. Williams, Public Affairs Consultant, on Report CLK 01-21 Jack Ammendolia, Watson & Associates, and Dr. Robert J. Williams, Public Affairs Consultant, joined the electronic meeting via audio connection to provide an update on the City’s Ward Boundary Review (WBR). Through the aid of a PowerPoint presentation, Mr. Ammendolia, and Dr. Williams outlined the phases of the WBR, the consultation process, the guiding principles used to evaluate the existing ward structure, and the future predicted population and growth of the three existing wards. Mr. Ammendolia concluded his delegation by advising that that next steps of the WBR include a second phase of public consultation and the development of the final ward boundary options and recommendations to Council. A question and answer period ensued between Members of the Committee, Jack Ammendolia, and Dr. Robert J. Williams regarding: - 28 - Executive Committee Meeting Minutes January 4, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 3 • whether the number of ward boundary options outlined in the Report would be narrowed down for the recommendation report following the second public consultation phase; • whether the conclusion of the WBR would result in the creation of additional wards in the City; • the impacts to Ward 3 in comparison to Wards 1 and 2; • the merits of implementing an interim step of modifying wards for the 2022 Municipal Election with additional ward changes being implemented prior to the 2026 and 2030 Municipal Elections to accommodate the predicted population growth and minimize the effects of possible ward boundary reconstruction; • adjusting the ward boundaries to ensure that hamlets or communities are not divided between wards; • whether the allocation of regional council seats to the City of Pickering had been considered during the first phase of the WBR, and the need to consider the Durham Region Council composition review process prior to the presentation of final ward boundary recommendations as it relates to the potential for the City to be allocated more Regional Councillor seats in the future; • preliminary option 4 as identified in the Interim Report, addressing the growing demands of Ward 3, recognizing the commonalities of Bay Ridges and West Shore communities, and the needs of new Canadian residents in Pickering; • whether the Report had included potential population growth along the Kingston Road Corridor and Specialty Retailing Node Intensification Plan; • whether Members of Council would be given opportunity to provide feedback in the second phase of consultation; • the reference in the report to Members of Council being part-time positions noting the increased demand and expectations in representing the City’s wards and their constituents compared to prior decades; and, • the level of participation and interest shown by Pickering residents towards the WBR in the midst of the COVID-19 pandemic. Recommendation: Moved by Councillor Brenner Seconded by Councillor McLean That Report CLK 01-21, regarding the Ward Boundary Review Interim Report, from Watson & Associates Economist Ltd., be received for information. Carried - 29 - Executive Committee Meeting Minutes January 4, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 4 4.2 Director, Engineering Services, Report ENG 01-21 Municipal Bridge Maximum Gross Vehicle Weight Restrictions - By-law to establish a load limit for certain bridges under the jurisdiction of the City of Pickering A brief question and answer period ensued between Members of the Committee and Richard Holborn, Director, Engineering Services regarding: • enforcement measures of the maximum vehicular weight limits on the City’s bridges; and, • concerns regarding travel routes of trucks and whether fill permits issued by the City notify the applicant of possible weight restrictions on bridges. Recommendation: Moved by Mayor Ryan Seconded by Councillor Cumming 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 4.3 Director, Corporate Services & City Solicitor, Report LEG 01-21 Broadband Service for Whitevale and Green River - ICON Grant Funding Stage 2 A brief question and answer period ensued between Members of the Committee and Paul Bigioni, Director, Corporate Services & City Solicitor, regarding: • the City facilitating the project through a private partnership with Provincial and Municipal funding, and that in the absence of Provincial and Municipal funding, service providers do not have a business model to improve broadband service within the area; • whether there were any opportunities for Federal Government grant funding for the project; • proceeding with the recommendations of the Report to ensure that the City meets the deadline for the Provincial grant funding; • the telecommunication towers in Claremont that were recently approved by - 30 - Executive Committee Meeting Minutes January 4, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 5 Council and whether Vianet would utilize those towers with Mr. Bigioni stating that both the telecommunication towers and the fibre cabling provided by Vianet would be needed to improve service capabilities in the area; and, • MP Jennifer O’Connell’s support of the project. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council approve payment by the City of $150,000.00 towards the project to deliver broadband services to the residents and businesses of Green River and Whitevale, which payment will be made by the City upon receipt of the written commitment of Vianet Inc. to proceed with and complete construction of the project; 2. That staff be directed to continue working with Vianet Inc. to complete its submission of an application for grant funding from the Province’s Improving Connectivity for Ontario (ICON) Program by January 27, 2021; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Unanimously on Recorded Vote 4.4 Director, City Development & CBO, Report PLN 01-21 Pickering Environmental Schools Grant - Results of the First Year of Funding Members of the Committee discussed increasing the overall amount and adjusting the funding between the school boards to ensure that there are no discrepancies prior to its inclusion in the 2021 budget. Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt 1. That Report PLN 01-21 of the Director, City Development & CBO on the results of the Pickering Environmental Schools Grant be received for information; and, - 31 - Executive Committee Meeting Minutes January 4, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 6 2. That a copy of Report PLN 01-21 be forwarded to the Durham Catholic District School Board (DCDSB) and Durham District School Board (DDSB) Trustees for City of Pickering, DCDSB and DDSB Directors of Education, DCDSB Superintendent of Facilities Services, DDSB EcoSchools Facilitator, DDSB Education Officer (Curriculum Grades 7-12) and eLearning Administrator, DDSB, Administrative Assistant, Student Achievement & Curriculum Department. Carried 5. Other Business 5.1 Councillor Brenner inquired whether signage could be placed regarding ice safety and conditions in the Bay area, with Brian Duffiled, (Acting) Director, Community Services, advising that signage could be placed within a week. 5.2 Councillor Brenner gave notice of a Notice of Motion pertaining to an alternative site for the Pickering Markets. Councillor Brenner further advised the Clerk that he was withdrawing the notice of a Notice of Motion he had given regarding the Elexicon 2020 dividends and shareholder agreement at the December 14, 2020 Council meeting as the matter had been resolved. 6. Adjournment Moved by Councillor McLean Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 3:13 pm. - 32 - Special Council Meeting Minutes January 4, 2021 Electronic Meeting Immediately Following the Executive Committee Meeting Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk C. Rose - Chief Planner T. Ryce - Supervisor, Cultural Services R. Perera - Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. In Camera Matters Resolution # 491/20 Moved by Councillor Butt Seconded by Councillor McLean - 33 - Special Council Meeting Minutes January 4, 2021 Electronic Meeting Immediately Following the Executive Committee Meeting That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Item 3.2); f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Item 3.2); and, i) 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 (Item 3.1). Carried 3.1 (Acting) Director, Community Services, Confidential Report CS 03-21 Commercial Information Supplied in Confidence to the City 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.] 3.2 Director, City Development & CBO, Confidential Report PLN 03-21 Advice and Direction regarding LPAT Matters 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 # 492/21 Moved by Councillor Pickles Seconded by Councillor Cumming That Council rise to the open session of the Special Meeting of Council. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan noted that during the closed portion of the meeting, Council discussed matters related to commercial information supplied in confidence to the - 34 - Special Council Meeting Minutes January 4, 2021 Electronic Meeting Immediately Following the Executive Committee Meeting City, matters pertaining to litigation or potential litigation as it pertains to the Local Planning Appeal Tribunal (LPAT), received advice subject to solicitor-client privilege and provided direction to Staff. Resolution # 493/21 Moved by Councillor Pickles Seconded by Councillor Cumming That the confidential recommendations for Items 3.1 and 3.2 be ratified. Carried 4. Delegations There were no delegations. 5. Matters for Consideration 5.1 Director, Corporate Services & City Solicitor, Report LEG 03-21 Servicing Agreement between The Regional Municipality of Durham and The Corporation of the City of Pickering - Seaton Employment Lands Resolution # 494/21 Moved by Councillor Ashe Seconded by Councillor Pickles 1. That the attached Servicing Agreement between The Regional Municipality of Durham and The Corporation of the City of Pickering be approved (Attachment No. 1 to this Report); 2. That the Mayor and City Clerk be authorized to execute the said Servicing Agreement, subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 6. Confirmation By-law By-law Number 7806/20 - 35 - Special Council Meeting Minutes January 4, 2021 Electronic Meeting Immediately Following the Executive Committee Meeting Councillor Cumming, seconded by Councillor Butt moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of January 4, 2021. Carried 7. Adjournment Moved by Councillor McLean Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 4:40 pm. Dated this 4th of January, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 36 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 1 Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Cassel - City Clerk C. Rose - Chief Planner D. Jacobs - Manager, Policy & Geomatics N. Surti - Manager, Development Review & Urban Design M. Kish - Principal Planner, Policy C. Morrison - Planner II I. Lima - Planner I F. Chau - Planner I R. Perera - Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Statutory Public Meetings Councillor Brenner, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Local Planning Appeal Tribunal (LPAT), and may not be - 37 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 2 entitled to be added as a party to the hearing unless, in the opinion of LPAT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 01-21 City Initiated: Official Plan Amendment and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods Draft Amendment 40 to the Pickering Official Plan Draft Zoning By-law Amendment Files: OPA 20-006/P and A 11/20 A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Margaret Kish, Principal Planner-Policy, provided the Committee with an overview of Official Plan Amendment Application OPA 20-006/P, and Zoning By-law Amendment Application A 11/20. Through the aid of a PowerPoint presentation, Ms. Kish outlined the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study, the planning approval process, the planning policy framework, and the meeting notification process. Ms. Kish outlined the comments received for further review and consideration and the next steps for the applications. Chair Brenner advised Members of the Committee that Lisa-Lynne Robinson, who had previously registered as a delegate for this item, was no longer able to delegate and that she would be submitting written comments to the City Development Department on this matter. Moved by Councillor McLean Seconded by Councillor Pickles That the rules of procedure be suspended in order to add Michael Mandarello and Nick Dimovski as delegations to the agenda. Carried on a Two-Thirds Vote Glenn McLeod, 151 Twyn Rivers Drive¸ joined the electronic meeting via audio connection and inquired whether the Twyn Rivers Drive was included in the woodlands neighbourhood precinct as identified in the Report. Mr. McLeod noted that perspective buyers were eager to purchase homes in his neighbourhood, and - 38 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 3 introducing restrictions on home sizes would be detrimental to the sale price and equity of the houses. He added that the majority of the homes within his neighbourhood consist of larger homes with smaller homes being the minority. He concluded his delegation by asking Members of the Committee to reconsider the proposed 33 per cent footprint lot size noting that that 40 per cent was more realistic. Sana Moumani, Pickering resident, joined the electronic meeting via audio connection and noted that she currently resides on Rosebank Road and that majority of the houses in the neighbourhood consist of larger homes and that the proposed changes would be unfair to owners of smaller homes in the neighbourhood. Diane Seeley, 597 Nomad Rd, joined the electronic meeting via audio connection and inquired about the rational to exempt certain streets within a precinct from the proposed changes, specifically Dunn Street from the Rosebank Neighbourhood precinct. Ms. Seeley concluded her delegation by noting that while she was in support of the Report she was not in support of exempting certain streets as this was defeating the purpose of what had been initiated two years ago. Chair Brenner advised delegates that the purpose of the statutory public meeting was to listen to the comments and feedback which would be incorporated into the recommendation report that would come back before the Committee. Chair Brenner confirmed with City Development staff that when the recommendation report was brought back to the Committee, it would provide answers to the questions posed by delegates. Paul White, Fairport Beach Neighborhood Association, joined the electronic meeting via audio connection and noted the Association’s involvement in the planning process of the proposed changes. Mr. White stated that consistent legislation is important and required to maintain the existing character of neighbourhoods. He further stated that a tree protection by-law and a by-law to regulate the width of driveways is needed, highlighting concerns regarding expansion of driveways causing water runoff and drainage issues. Mr. White concluded his delegation by thanking SGL and City Staff for the Report. Mike Borie, 1044 Escott Court, joined the electronic meeting via audio connection and noted that on April 23, 2019, City Council passed a resolution for Staff to proceed with Phase 2 of the Infill and Replacement Housing in Established Neighborhoods Study and to incorporate into the Study the inclusion of a vision for the Nautical Village and noted that Information Report 01-21 does not reference the Nautical Village. Mr. Borie inquired why the vision for the Nautical Village was not included in this report, given the upcoming LPAT hearing and the concerns - 39 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 4 expressed by Pickering Residents. He added that there had been a survey that had been conducted pertaining to the infill study and asked whether residents could obtain a complete copy of this survey as the survey was not included in Report 01-21. Mr. Borie concluded his delegation by noting that while the proposed by-laws were necessary, also vital was the inclusion of the Nautical Village Vision as was requested by Council. Paul Weppler, 417 Woodgrange Avenue, joined the electronic meeting via audio connection and noted that the existing by-laws and processes were working well to allow the appropriate replacement of older homes. Mr. Weppler noted that the new homes comply with the existing zoning by-laws and satisfy the market demand for larger family homes, adding that these neighbourhoods were transitioning from small dwellings to new larger family housing. He further noted that the study unfairly vilifies large family houses, while larger homes provide the space and amenities needed for today's families including home offices and accommodations for senior family members. Mr. Weppler raised concerns regarding the design standards, adding that the 'Urban Design Guideline Checklist' is arbitrary and subjective, and would create a new layer of municipal approval that would further create delays and increase costs in obtaining approvals for redevelopment. He added that he owns a property on Park Crescent, between two large replacement houses, noting that the proposed changes would only allow him to replace the existing house with one half the size of his neighbours. He further raised concerns regarding the limit of the precincts, adding that it is unnecessary to single out neighbourhood precincts as all areas should be governed equitably with the same by-laws and the official plan. He further raised concerns regarding the proposed side yard setbacks, restrictions on the width of an attached garage, and driveways, noting that the City and ratepayers would incur significant financial consequences should the proposed changes be approved. Mr. Weppler concluded his delegation by asking the Members of the Committee to oppose the proposed changes. Dana Saccoccio, 417 Woodgrange Avenue, joined the electronic meeting via audio connection and read a letter dated January 3, 2021, which was emailed to the Members of the Committee prior to the meeting. The letter noted concerns regarding the proposed changes to lot coverage, width of attached garages, side yard setbacks, and the subjective preferences of the Design Guideline Checklist. Ms. Saccoccio concluded her delegation by asking Members of the Committee to oppose the proposed changes and to provide Pickering property owners with equal respect for property values related to development potential and current lifestyle needs. Garry Winsor, 600 West Shore Boulevard, joined the electronic meeting via audio connection and noted that the Federal Government had recently budgeted over - 40 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 5 three billion dollars to plant two billion trees, and advised that the City should establish or adopt a by-law similar to the City of Vancouver and the City of Toronto to prevent builders from cutting down healthy mature trees and to provide protection during construction. He further noted the need for permits to remove trees of 20 centimeters or larger in diameter, and the removal of such trees only be allowed under certain circumstances such as outlined in the City of Vancouver’s By-law. Elizabeth Italiano, Pickering resident, joined the electronic meeting via audio connection and noted that the Study was now out of date as the world had changed due to COVID-19. Ms. Italiano noted that there is more need to work from home resulting in more individuals needing larger homes to accommodate home offices. She advised that as a consultant, working from home, she was required by her employer to meet a number of demands which require additional space, adding that such requirements are becoming more stringent. She added that the proposed changes would discourage desirable demographic groups, such as working professionals, in moving to Pickering. Ms. Italiano noted that lot coverage of 40 to 45 per cent would be more realistic and that eight foot ceilings are no longer the standard. She further added that the proposed changes would affect older homes that are in need of reconstruction, and that the proposed changes do not consider the need for space for virtual learning, multi-generational living to care for elderly family members, and property equity potential. Ms. Italiano concluded her delegation by noting her objection to the proposed changes. Lewellyn Pereira, Pickering resident, joined the electronic meeting via audio connection and noted that early on in this process, he had presented the need to protect established neighbourhoods which included variables that define the character of neighbourhoods, adding that he had formed these conclusions based on research, the various studies conducted in Ontario, and feedback from residents and the community. He added that he was pleased to see that SGL had reached similar conclusions, noting that their recommendations were not restrictive enough or ideal. Mr. Pereira asked for the implementation of temporary restrictions for tree protection until the studies were completed adding that trees in the West Shore and the Fairport Beach neighbourhoods were being cut down frequently. He concluded his delegation by asking Members of the Committee to endorse the recommendations of the Report noting that the involvement by the community is unprecedented and should not be ignored. Sarab Kaur, Pickering resident, joined the electronic meeting via audio connection in opposition to the recommendations of Information Report 01-21. Ms. Kaur raised concerns regarding the impact on the real estate market, population demographic, and streetscape. - 41 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 6 Andrew Simanovskis, 1868 Fairport Road, joined the electronic meeting via audio connection to discuss a land severance application he had submitted to the City. Chair Brenner requested that Staff follow up with Mr.Simanovskis after the meeting as the subject matter of the delegation was not directly related to Information Report 01-21. Jackie Reynolds, 604 West Shore Boulevard, joined the electronic meeting via audio connection in opposition to Report 01-21 and noted that the proposed amendments would affect the sale of her home. She asked the Committee to remove areas from West shore to Sunrise from the Study, as they were prime waterfront property, and that these restrictions should be implemented for more applicable areas. She added that now more than ever, people were looking for larger homes and that this Study was outdated. Ms. Reynolds raised further concerns regarding the vagueness of the meeting notification she had received in the mail, and also noted that the residents of the smaller homes in the community were parking on the streets due to the small driveways and that the proposed changes would worsen these conditions. John Lambert, Pickering resident, joined the electronic meeting via audio connection and noted that a conflict existed since more homes were being built which translated to more driveways, and an increase in the amount of concrete and people. Mr. Lambert raised concerns regarding the change to the Zoning and noted that this could potentially mean more families living in small areas. Tony Harold, 1023 Lytton Court, joined the electronic meeting via audio connection and noted that the Study was robust and encompassed critical areas that are of concern to residents and developers. He stated that revising existing neighbourhood standards to allow for greater density does not preserve the character of the neighbourhood nor would it be in the best interest of the residents in that neighbourhood. Mr. Harold referred to the Centreville planning application, noting that it highlighted the concerns that the infill study raised. He noted that there are two solutions to the Centreville application which both included working with the builder to reduce the number of homes. Mr. Harold also made reference to the Oak Hills planning application adding that the City and the applicant worked collaboratively to arrive at a solution, he noted that this should be done for this study as well. Eileen Higdon, 852 Fairview Avenue, joined the electronic meeting via audio connection in support of the Information Report 01-21 and asked why the Nautical Village was not included in the study. Ms. Higdon further noted that while the study was not perfect, and is in need of adjustments, it is a step forward. - 42 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 7 David Steele, Pickering West Shore Community Association (PWSCA), joined the electronic meeting via audio connection and noted that the PWSCA’s support for the recommendations in the Report, adding the need for tree preservation implementation. Mr. Steele noted that the proposed changes would result in keeping the character of the West Shore community neighborhood intact as the City changes. Mr. Steele inquired whether the rules on established community precincts had been changed and when the R4 boundaries of West Shore would be included in the established neighborhood precincts. Mr. Steele further raised concerns regarding the unfair position young professionals are in when placed in a bidding war with developers over older houses. He concluded his delegation by requesting that the Nautical Village study be included in the final report before it is presented to Council. Michael Mandarello, Pickering resident, joined the electronic meeting via audio connection and noted that many residents in Pickering do not understand the proposed changes. Mr. Mandarello noted his disagreement with the changes to the lot coverage, adding that the changes would not allow people to build what they desire. He inquired whether minor variances were given to allow for height restrictions and over building. Mr. Mandarello concluded his delegation by noting that the current rules in place were effective and the need to inform people of the proposed changes and the effects to their property value. Nick Dimovski, 1923 Spruce Hill Road, joined the electronic meeting via audio connection and noted that he and his wife were in the planning stages of building their dream home in Pickering and have spent money on preparing the plans for a permit. He added that he had bought a bungalow home on Spruce Hill Road which they planned to demolish and build a newer home, noting that most cottage homes in the area were in need of repair and some had even been abandoned. He noted that the proposed changes would restrict Pickering residents from competing in the real estate markets within their own neighbourhoods, as most of the areas identified in the Report are made up of newer homes. Mr. Dimovski concluded his delegation by noting his objection to the proposed changes and asked Members of the Committee to reconsider the report. Moved by Councillor McLean Seconded by Councillor Ashe That the Committee take a short recess. Carried The Committee recessed at 9:24 pm and reconvened at 9:34 pm. - 43 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 8 The City Clerk conducted a roll call after the recess and confirmed that all Members of the Committee were present save and except Councillor Pickles. Councillor Pickles rejoined the Meeting at 9:36 p.m. 3.2 Information Report No. 02-21 Official Plan Amendment Application 20-001/P Zoning By-law Amendment Application A 05/20 Draft Plan of Subdivision Application SP-2020-01 Brock Road Duffins Forest Inc. Part of Lot 18, Concession 2, Now Parts 1 to 12, 40R-28897 (2055 Brock Road) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Cody Morrison, Planner II, provided the Committee with an overview of Official Plan Amendment Application OPA 20-001/P, Zoning By-law Amendment Application A 05/20, and Draft Plan of Subdivision Application SP-2020-01. Through the aid of a PowerPoint presentation, Mr. Morrison outlined the subject lands, previous proposals, and the planning policy framework, noting that the applications propose to facilitate a high-density residential condominium development within the developable portion of the subject lands, consisting of a 20-storey apartment building containing 307 dwelling units, nine street townhouse units and 64 stacked townhouse units. Mr. Morrison outlined the comments received for further review and consideration, and the next steps in the applications. Dana Anderson, MHBC, Planning, Urban Design & Landscape Architecture, and Elyse Snyder, Kohn Architects, joined the electronic meeting via audio connection and noted Sean Lawrence, Kohn Architects, and Michael Linton, Crozier Consulting Engineers, were also connected via audio and were available for questions. Through the aid of a PowerPoint presentation, Ms. Anderson noted that in relation to area context the lands were approximately a total of 5.047 hectares, and as noted in the Report, 3.7 hectares of the lands were located in a natural heritage area, and that these lands would be conveyed to the Toronto and Region Conservation Authority (TRCA). She provided an overview of the subject property, access points provided, policies and the regulatory framework pertaining to the subject lands, site history, applications and the current status of the applications. Elise Snyder outlined the design strategies incorporated in the proposal, noting the findings of a Sun/Shadow study which found that the proposed location of the building would minimize shadowing and overlook impacts to the Mosque and the neighbourhoods to the north. - 44 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 9 Ishtiaq Ahmed, 2123 Saffron Drive, joined the electronic meeting via audio connection and highlighted concerns regarding the proposed development. Through the aid of a PowerPoint presentation, Mr. Ahmed noted that while residents were in favour of development in Pickering, they do not feel that the subject lands were the correct location for the proposed development. He further advised that a petition had been submitted against the proposed development, with 358 signatories from area households in immediate vicinity. He added that the subject lands were already dense and raised concerns regarding access points and relating traffic and safety concerns. He further added that the traffic generated by the mosque should be considered when considering any development in the area, as there is only one exit from the neighbourhood, and that the proposed development would add to already existing traffic concerns. He further noted that the proposed development would compromise the privacy of area residents and that an additional parkette would be needed as Usman Park is already experiencing a high volume of traffic. He discussed the existing character of the neighbourhood and the requirements outlined in the Pickering Official Plan, adding that new development should reflect this. Mr. Ahmed concluded his delegation by asking Members of the Committee to only consider development that would be in keeping with the existing character of the neighbourhood. Shihab Zaman-Apu, 2189 Sunflower Road, joined the electronic meeting via audio connection and noted concerns regarding the hyper density, and the flow of traffic generated by the Islamic Centre that would be inflated by the proposed development. Mr. Zaman-Apu noted that there were many other lands in the area suitable for the proposed development, and asked Members of the Committee to keep the density in the area at a manageable level. Mr. Syed, Pickering Resident, joined the electronic meeting via audio connection and raised concerns regarding traffic congestion, and added that Usman Park was already experiencing a high volume of traffic. Mr. Syed further outlined the adverse impacts to the environment due to the close vicinity of Duffins Creek. Mr. Syed concluded his delegation by asking Members of the Committee to reconsider the proposed development. Maureen Schorn, Pickering resident, joined the electronic meeting via audio connection and noted that she had sent a photograph of the subject lands to the Members of Committee portraying the natural beauty of the lands. She further commented on the adverse impact to the already existing traffic concerns if the proposed development was approved. She noted that the 2018 proposal which provided the option to area residents to upgrade to larger townhomes, would have been the ideal proposal. She added that the proposed tower should be reversed, so that the townhomes were facing greenery and not the road. Ms. Schorn - 45 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 10 concluded her delegation by asking Members of the Committee to oppose the proposed development. Muhammad Naeem, 2131 Saffron Drive, joined the electronic meeting via audio connection and noted that he had been a long time Pickering resident and that he was also a board member of the Pickering Islamic Centre (PIC). Mr. Naeem noted that subject lands were not the suitable location for the proposed development, as the proposal would worsen the existing traffic conditions on Usman Road. He added that the proposed development would also be unfair for those who moved into the area believing it to be a low rise area. Mr. Naeem noted that the PIC, in addition to being a place of worship, was a day time school, and served as a community center. He added that the PIC had submitted a zoning amendment application to accommodate a three storey school building and a multi-level parking space, and that Usman road is the only entrance for the PIC. He further inquired whether the proposed building would be a rental building. Rafia Tazeen, 2123 Saffron Drive, joined the electronic meeting via audio connection and raised concerns regarding high density, traffic, noting only development proposals containing the existing density level would be suitable for the area. Ms. Tazeen further noted that there should be open space provided to the residents of any new development as Usman Park was already experiencing a high volume of traffic. She concluded her delegation by asking Members of the Committee to only consider development that is suitable to the existing character of the subject lands. A question and answer period ensued between Members of the Committee, Dana Anderson, Elyse Snyder, and Staff regarding: • whether the sun/shadow study conducted by the applicant considered the impact of shadows for the entire year; • the necessity of traffic signalization for Usman road; • whether the City was pursuing open park space with the developer for residents of the proposed development; • whether the lands being dedicated to the TRCA had reduced over the course of time and whether the lands located behind Saffron Drive were ever intended to be dedicated to the TRCA; • whether the reference to “greenbelt” in the Report was in relation to the Ontario Greenbelt or greenbelt space generally and the rational for removing that component; • clarification on moving the subject lands from a commercial site to a residential space as there had been previous discussion on allowing for commercial development on the subject lands; and, - 46 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 11 • whether Durham Regional Police were included as a commenting agency on the application. 3.3 Information Report No. 03-21 Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Medallion Developments (Pickering Finch) Ltd. Part of Lot 31, Concession 2 (450 Finch Avenue) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Isabel Lima, Planner I, provided the Committee with an overview of Zoning By-law Amendment Application A 10/20, and Draft Plan of Subdivision Application SP- 2020-02. Through the aid of a PowerPoint presentation, Ms. Lima outlined the location plan, and the planning policy framework, noting that the applications propose to permit a residential development consisting of 31 lots for detached dwellings fronting onto the extensions of Rougewalk Drive and Mahogany Court. She further added that The Rouge Park Neighbourhood Development Guidelines – Tertiary Plan identified a potential heritage home located on the subject property, and to facilitate the proposed development, the applicant was proposing to demolish the building. Ms. Lima outlined the comments received for further review and consideration and the next steps in the application. Bryce Jordan, GHD, joined the electronic meeting via audio connection and provided a brief overview of the proposed development noting that he and Anna Fagyas, Medallion Developments, were available for questions. Amanda Lazaridis, Louisville Homes Limited, joined the electronic meeting via audio connection and noted that Louisville Homes Limited own the property adjacent to the proposed development on the east property boundary. Ms. Lazaridis inquired whether the existing easement could be lifted prior to the approval of any new development and whether the cost of a boundary fence to the east of the property boundary could be shared. A question and answer period ensued between Members of the Committee, Bryce Jordan, and Staff regarding: • whether there had been an agreement made with the City and the landowner to lift the easement and to build a boundary fence; - 47 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 12 • whether the heritage home on the property was included on the Municipal Heritage Registry and the associated limitations of obtaining a demolition permit for properties on the Registry; • the need for the property owners to take appropriate measures to prevent vandalism of the heritage home; • the need to ensure that the heritage home was included on the Municipal Heritage registry; • the need to resolve the easement between Louisville Homes Limited and the proposed development; • whether the proposed sidewalks fronting Finch Avenue were cemented or temporary paved sidewalks and the need for a continuous sidewalk from Altona Road along Finch Avenue to Rosebank Road; and; • whether staff recommended the designation of the potential heritage home. 4. Delegations 4.1 Paula MacDonald Re: Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part Lot 72, Plan 418; Now Part 2, 40R-30097 Dunn Crescent Paula MacDonald withdrew her delegation and did not connect to the electronic Committee Meeting. 5. Planning & Development Reports 5.1 Director, Corporate Services & City Solicitor, Report LEG 02-21 2364722 Ontario Inc. – Plan of Subdivision 40M-2565 - Final Assumption of Plan of Subdivision - Lots 1 to 14, Blocks 15 to 21, Plan 40M-2565 - Blocks 110 to 116, Plan 40M-1390 - File: 40M-2565 Members of Committee inquired whether Staff were aware of what is being built on Gablehurt Crescent with a request to keep Council apprised prior to committing to any building proposals. Recommendation: Moved by Councillor Ashe Seconded by Councillor Pickles - 48 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 13 1. That Gablehurst Crescent within Plan 40M-2565 be assumed for public use; 2. That works and services required by the Subdivision Agreement within Plan 40M-2565 and Blocks 110 to 116, Plan 40M-1390, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 3. That 2364722 Ontario Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2565; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 5.2 Director, City Development & CBO, Report PLN 02-21 Zoning By-law Amendment Application A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) A question and answer period ensued between Members of the Committee and Staff regarding: • whether there had been concerns regarding traffic and parking by area residents; • whether the subject lands currently contained four apartments; and, • whether a building permit would be required for any new apartments and the need for the City’s Building Department to ensure proper inspections are being conducted. Recommendation: Moved by Councillor Ashe Seconded by Councillor Pickles That Zoning By-law Amendment Application A 04/20, submitted by Ann Harbour Estates Ltd., to permit a permanent private school use and four apartment dwelling units on lands municipally known as 631 Liverpool Road, be approved, - 49 - Planning & Development Committee Meeting Minutes January 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 14 and that the draft Zoning By-law Amendment set out in Appendix I to Report PLN 02-21 be finalized and forwarded to Council. Carried 6. Other Business 6.1 Councillor McLean gave notice that he would be bringing forward a Notice of Motion regarding the heritage home at 450 Finch Avenue to have it added to the Municipal Heritage Registry under the Ontario Heritage Act. 7. Adjournment Moved by Councillor Pickles Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 11:46 pm. - 50 - If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. December 17, 2020 The Honourable Steve Clark Minister of Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON M5G 2E5 Dear Minister Clark: RE: Response to November 25, 2020 Notice of Motion regarding Minister’s Zoning Orders (2020-P-30), Our File: D00 Council of the Region of Durham, at its meeting held on December 16, 2020, adopted the following recommendations, as amended: “Whereas increasingly applicants are requesting Minister’s Zoning Orders in order to bypass the public planning process and to expedite development projects; and Whereas there is no defined MZO process to ensure that the appropriate technical issues are fully addressed before an MZO is enacted; and Whereas Regional Council wishes to ensure that all planning-related decisions affecting lands in the Region of Durham are sound and in the public interest; Now therefore be it resolved that: 1.Durham Region request that the Minister of Municipal Affairs and Housing define what are matters of Provincial priority for consideration of MZO’s; 2.Durham Region request the Minister of Municipal Affairs and Housing to clarify when MZOs will (and will not) be used to expedite development, and to clarify what safeguards can and will be put in place to ensure that future land use decisions made by way of an MZO represent good planning and are in the public interest; 3.That the Minister consult with the upper tier municipalities during the consideration of any MZO that affects land in the Region. Since any new development affects Regional infrastructure, (i.e. sewer, water, roads), this consultation with the Region is imperative; 4.That the Minister consider whether the proposal conforms to provincial planning policy and consider whether the proposed The Regional Municipality of Durham Corporate Services Department Legislative Services 605 Rossland Rd. E. Level 1 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Don Beaton, BCom, M.P.A. Commissioner of Corporate Services Corr. 01-21 - 51 - Page 2 of 3 development would adversely affect any matter of provincial interest set out in Section 2 of the Planning Act; 5. That the Minister consider whether the proposal conforms to Regional planning policy and facilitates uses that advance Provincial and regional priorities; 6. That the Minister consider whether new development permitted by an MZO adversely affects uses in the vicinity of the area; 7. That the Minister assess whether the project is “shovel-ready” and will be constructed in a timely manner. In that regard, the MZO could include a lapsing provision so that if a building permit has not been issued for the proposal within a specified timeframe, the MZO could be repealed; 8. That prior to the issuance of an MZO, the required technical studies have been, or will be, completed to demonstrate there will not be any unacceptable impacts on the natural environment; 9. That prior to the issuance of an MZO, the required technical studies have been, or will be, completed to demonstrate that the Regional infrastructure is sufficient to accommodate the proposal, and where necessary that a development agreement has been executed prior to the enactment of the MZO to secure the necessary infrastructure works and ensure that any fiscal impacts on the Region have been addressed; 10. That the affected municipality/municipalities be reimbursed by the proponent for time spent by municipal staff on the basis that a significant amount of staff time is required to assist affected Councils when considering MZO requests, to compensate for the foregone planning application fee revenue that would otherwise have been collected; and 11. That a copy of this resolution be forwarded to all local area municipalities in Durham Region.” Ralph Walton Ralph Walton, Regional Clerk/Director of Legislative Services RW/tf - 52 - Page 3 of 3 c: A. Harras, Acting Clerk, Town of Ajax B. Jamieson, Clerk, Township of Brock J. Gallagher, Clerk, Municipality of Clarington M. Medeiros, Clerk, City of Oshawa S. Cassel, Clerk, City of Pickering J.P. Newman, Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby B. Bridgeman, Commissioner of Planning and Economic Development - 53 - Solicitor General Solliciteur général Office of the Solicitor General Bureau du solliciteur général 25 Grosvenor Street, 18th Floor 25, rue Grosvenor, 18e étage ~ Toronto ON M7A 1Y6 Toronto ON M7A 1Y6 Ontario Tel: 416 325-0408 Tél. : 416 325-0408 MCSCS.Feedback@Ontario.ca MCSCS.Feedback@Ontario.ca 132-2020-5553 By email December 24, 2020 Dear Head of Council/Chief Administrative Officer/Municipal Clerk: As you know, on January 1, 2019, amendments to the Police Services Act (PSA) came into force which mandate every municipality in Ontario to prepare and adopt a community safety and well-being (CSWB) plan, working in partnership with police services/boards and various other sectors, including health/mental health, education, community/social services, and children/youth services. As previously communicated, municipalities originally had two years from the in-force date to prepare and adopt their first CSWB plan (i.e., by January 1, 2021). The government recognizes that the pandemic has created unprecedented challenges for communities across Ontario. Over the past several months, we have heard from municipal partners that resources have been redirected to the pandemic response and, as a result, some have experienced delays in their CSWB planning and engagement processes. In an effort to support municipal, policing and community partners during the emergency, on April 14, 2020, the government passed the Coronavirus (COVID-19) Support and Protection Act, 2020, which amended the PSA to allow the Solicitor General to prescribe a new deadline for the c ompletion and adoption of CSWB plans post January 1, 2021. This amendment came into force immediately upon Royal Assent. I would like to inform you that the new deadline for municipalities to prepare and adopt a CSWB plan is now July 1, 2021. This extension provides municipalities with an additional six months to complete their plans. This change will ensure municipalities, police services and local service providers can continue to dedicate the necessary capacity and resources to respond to COVID-19, while also providing adequate time to effectively undertake consultations, work collaboratively with multi-sectoral partners, and meet the legislative requirements to develop meaningful and effective CSWB plans. Community partners continue to underscore the importance and need for this type of holistic planning that addresses crime and complex social issues on a long-term, sustainable basis and improves the safety and well-being of Ontario communities. …/2 Corr. 02-21 - 54 - Head of Council/Chief Administrative Officer/Municipal Clerk Page 2 Despite the unforeseen challenges that the pandemic has created, it is encouraging to see municipalities across the province per servere and make s ignificant progress on their CSWB plans through innovative and forward-thinking approaches. I greatly appreciate your on-going support as we move forward on this modernized approach to CSWB together. Through collaboration, we will continue to build safer and stronger communities in Ontario. Lastly, if municipalities have any questions about CSWB planning, please direct them to ministry staff, Tiana Biordi, Community Safety Analyst, at Tiana.Biordi@ontario.ca. Sincerely, Sylvia Jones Solicitor General - 55 - From: Jennifer.OConnell.C1@parl.gc.ca <Jennifer.OConnell.C1@parl.gc.ca> Sent: Thursday, January 7, 2021 2:31 PM To: Mayor Web Email <mayor@pickering.ca> Cc: Council Web Email <council@pickering.ca> Subject: Follow up to our UBF meeting Dear Mayor Ryan, Thank you to you and City staff for making yourselves available to meet virtually with me to discuss the federal government’s Universal Broadband Fund (UBF). I am very impressed with your commitment to deliver affordable high-speed internet services to our community and respective constituents. You and your team clearly have done a lot of work to determine the needs in our community and I hope the information I was able to provide regarding our government’s UBF program will help the City of Pickering deliver on this priority. Our government had made the commitment to have 98% of Canadians connected to high-speed internet at speeds of 50/10 by 2026, and 100% connected by 2030. Our intentions are to make sure no Canadian and no communities are left behind. To that end, we have committed $1.75 billion in funding to the UBF. I have taken note of your concerns about the availability of ISP’s that are able to partner with you to deliver services and close the digital gaps. I will continue to raise this as a concern with our government, however as mentioned in our meeting this program was designed to help connect municipalities with the right partners and we are able to do this through our Pathfinder service. Here is the contact information for the Pathfinder program: Phone: 1-800-328-6189 Email: get-connected@canada.ca Connecting with Pathfinder is a crucial first step to determine how we can move proposals forward, or in your case find the right partners. As mentioned in our meeting, no matter how early in the planning process, please contact Pathfinder and do not self-select out of this program. We have made a commitment to connect all Canadians and if there are areas that have additional challenges we need to know about them in order to find a solution. It was mentioned today that a proponent might be ready for the Rapid Response Stream (RRS) however had some concerns about the construction deadline due to timing of the permitting process. Once again I would encourage you to raise this with Pathfinder as the RRS has an application deadline of January 15th . Should it be determined that this project is not able to move forward in the Rapid stream, this should not be viewed as a setback or a negative response to a project. This stream was created to help get shovels in the ground as quickly as possible for projects that are ready to move forward. However, the core UBF stream of funding is a concurrent process, meaning these projects may require additional work or timing but, an applicant does not need to wait for the RRS to expire. The first round of the UBF has an application deadline of February 15th 2021, in order to get projects processed and maps updated. After this there will be a rolling intake to fill in the gaps and the maps will continue to be updated as projects come in. The federal government is ready to move as quickly as the proponent or project allows. Here is a reminder of how the funding is broken into separate funding streams; Corr. 03-21 - 56 - 1. $150M Rapid Response Stream: This supports smaller projects that can be implemented quickly with the help of a streamlined application process. Applications are being assessed through a rolling intake process – final deadline for this stream will be on January 15, 2021. 2. $750M Large, High-Impact Projects: This stream will fund transformative projects in size and scope which support a business case that can involve the Canada Infrastructure Bank. In conjunction with low-cost loans through the CIB, this stream will provide grants to further support the business case of a strong project. Application deadline for this stream is February 15, 2021. 3. $50M Mobile Projects: This stream targets mobile network projects that primarily benefit Indigenous communities, including the deployment of mobile coverage within an Indigenous community or on roads that lead to Indigenous communities. Application deadline for this stream is February 15, 2021. 4. Core Universal Broadband Fund: The remaining UBF projects will support any project, including backbone and last-mile, which connect Canadian households to minimum speeds of 50/10mbps. I am very excited to see the work you have already completed to help connect our community and I think the UBF program will be able to assist the City of Pickering and Region of Durham in this work. As I mentioned on the call, please let me know if you experience any challenges or setbacks. It was very important to our government to listen and address caucus members’ concerns that the UBF program needed to be flexible to address the variety of challenges across this country, therefore we are very committed to working together to ensure our joint goal of providing reliable and affordable high-speed internet service to all Canadians in all communities. Thank you once again for taking the time to meet today, please do not hesitate to reach out to me or my office with any additional questions or concerns. Sincerely, Jennifer O’Connell - 57 - THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. January 6, 2021 S. Cassel City Clerk City of Pickering One The Esplanade Pickering ON L1V 6K7 Dear Susan Cassel: RE: Request from the Region of Durham that the Region of York affirm by Resolution its support for the Lake Simcoe Solution as Documented in the Upper York Sewage Solutions (UYSS) Environmental Assessment, Our File: O11 Council of the Region of Durham, at its meeting held on December 16, 2020, adopted the following resolution from the Works Committee: “That the following resolution be endorsed: Whereas the Council of the Region of Durham supports the Lake Simcoe Solution for the proposed servicing solution for the Upper York Sewage Solutions (UYSS) Environmental Assessment; Now therefore be it resolved that the Region of Durham request that the Council of the Region of York affirm by resolution its support for the Lake Simcoe Solution as documented in the Upper York Sewage Solutions (UYSS) Environmental Assessment, and that the resolutions from York and Durham be circulated to the Premier, all MPPs in the Region of Durham and York Region, to the leaders of the opposition, and to the local municipalities in the Region of Durham”. This item of correspondence has been sent to Chris Raynor, Regional Clerk, Regional Municipality of York and we await their response. Ralph Walton Ralph Walton, Regional Clerk/Director of Legislative Services RW/sg c: See attached list The Regional Municipality of Durham Corporate Services Department Legislative Services 605 Rossland Rd. E. Level 1 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Don Beaton, BCom, M.P.A. Commissioner of Corporate Services Corr. 04-21 - 58 - Page 2 of 2 N. Cooper, Clerk, Town of Ajax B. Jamieson, Clerk, Township of Brock J. Gallagher, Clerk, Municipality of Clarington M. Medeiros, Clerk, City of Oshawa L. Fleury, Acting Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby E. Baxter-Trahair, Chief Administrative Officer S. Siopis, Commissioner of Works - 59 - * 3-144 Old Kingston Road AJAX -PICKERING Ajax, ON L1T 2Z9 .,. Boardo;frade T: 905-686-0883 F: 905-686-1057 www.apboardoftrade.com January 11 , 2021 VIA EMAIL The Honourable Doug Ford, MPP Premier of Ontario Queen’s Park Toronto, ON M7A 1A1 Dear Premier Ford, RE: Evidence based decision making critical to the survival of small business I am writing on behalf of the Ajax-Pickering Board of Trade (APBOT) regarding the critical position many small businesses find themselves in. In review of the limited public COVID-19 data provided to date, business owners and operators are frustrated. First, they are understandably frustrated that there is such limited public data regarding workplace transmissions. We appreciate the importance of protecting the privacy of workers and avoiding stigmatizing a workplace. However, we believe more data can be shared without these negative implications. Second, they are understandably frustrated with the measures being taken, despite what the public data shows. The publicly available data does not indicate high transmissions in small businesses. Accordingly, why are businesses being forced to close their doors, some to never open again? And why are the decisions being made, despite the longer-term impacts on the small business community, including those related to mental health and wellbeing, and economic factors? The new Ontario Small Business Support Grant will be an important tool to support businesses through the provincewide shutdown and beyond. This program was initially expected to open in mid-January and I would urge you to keep to this timeline and ensure these critical funds are quickly distributed to eligible businesses. As we prepare to reopen, I would also ask that the province review how it determines which businesses can and cannot open to the public. The Ajax-Pickering Board of Trade continues to encourage the Ontario Government to make restrictions coming out of the provincewide shutdown based on consideration of all facts and risks, including a cost-benefit analysis of available options that considers all costs and benefits, both current and in the longer term. Experts now have a much better understand ing of COVID-19 and the public health benefits of physical distancing and mask wearing. With that understanding, instead of defining businesses that must close based on business category, the province should be defining businesses that must close based on risk level (e.g., ability to wear masks, maintain 6 feet distance from all but members of their household, etc.). Corr. 05-21 - 60 - * 3-144 Old Kingston Road AJAX -PICKERING Ajax, ON L1T 2Z9 .,. Boardo;frade T: 905-686-0883 F: 905-686-1057 www.apboardoftrade.com In conclusion, we are asking the Ontario government to: • Provide better data on where transmission of the COVID-19 virus is happening within communities; • Ensure the approval and distribution of critical Ontario Small Business Support Grant funds to eligible businesses; and • Use risk-based measures to determine business closures rather than sweeping business category closures. Public health and safety remain priorities for all Ontario businesses. Our organization will continue to listen to our members and stakeholders, and to monitor and assess new developments pertaining to COVID-19. We look forward to working with you and all levels of government to provide support for Ajax and Pickering businesses. Sincerely, Nicole Gibson Executive Director Ajax-Pickering Board of Trade CC: Analiese St. Aubin, President, Ajax-Pickering Board of Trade Rocco Rossi, President, Ontario Chamber of Commerce The Honourable Peter Bethlenfalvy, MPP, Pickering-Uxbridge The Honourable Rod Phillips, MPP, Ajax John Henry, Chair and CEO, Regional Municipality of Durham Dave Ryan, Mayor, City of Pickering Shaun Collier, Mayor, Town of Ajax - 61 - Report to Council Report Number: CAO 01-21 Date: January 25, 2021 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: 2021 Pre-Budget Approval – Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Generating Station - Request for Proposal No. RFP2020-9 - File: 1500-001 Recommendation: 1. That Proposal No. RFP2020-9 submitted by AECOM Canada Ltd., dated October 20, 2020, to undertake a study on the financial, economic and social impacts on the retirement of the Pickering Nuclear Generation Station in the amount of $280,148.67 (HST included) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $252,282.00 as follows: a) The sum of $84,094.00 to be funded from property taxes; b) The sum of $84,094.00 to be funded by The Regional Municipality of Durham; and c) The sum of $84,094.00 to be funded by the Ontario Power Generation’s Centre for Canadian Nuclear Sustainability; 3. That the appropriate City of Pickering officials be authorized to take the necessary actio ns as indicated in this report; and 4. The City Clerk forward a copy of Report Number CAO 01-21 to The Regional Municipality of Durham and Ontario Power Generation. Executive Summary: Pickering’s Nuclear Generating Station (PNGS) has been operating safely and reliably in the City of Pickering for almost 50 years. It is one of Canada's largest power generation stations, producing over 14 percent of the province’s power. The Canadian Nuclear Safety Commission (CNSC) renewed the operating license for PNGS in 2018, approving its operation until 2024. In 2024, Ontario Power Generation (OPG) will retire Units 1 and 4 as permitted under the current operating license, followed by a sequential shutdown of Units 5 to 8 in 2025. After commercial operations cease, the station will first be placed in a safe storage state (removal of fuel and water) and eventually decommissioned, beginning in 2028. Accordingly, Request for Proposal No. RFP 2020-9 was issued on September 18, 2020 calling for proposals to undertake the Study on the Financial, Economic, and Social Impacts of the - 62 - CAO 01-21 January 25, 2021 Subject: 2021 Pre-Budget Approval – Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Page 2 Generating Station Retirement of the Pickering Nuclear Generating Station. The closing date for the bid call was October 20, 2020 with the City receiving and evaluating seven proposals. An evaluation committee made up of staff from the City of Pickering and The Regional Municipality of Durham (Region) reviewed all proposals against criteria outlined in the RFP. The RFP allowed for an interview of which three proponents were invited to participate. The highest ranking proponent following all the stages of the evaluation is AECOM Canada Ltd. It is therefore recommended that the proposal submitted by AECOM in the amount of $280,148.67 (HST included) be accepted and that AECOM be retained to undertake the Study of the Financial, Economic and Social Impacts of the Retirement of the Pickering Nuclear Generati ng Station. Financial Implications: 1. Proposal Amount Proposal No. RFP2020-9 $247,919.18 HST (13%) Total Gross Proposal Cost $32,229.49 $280,148.67 2. Project Costing Summary Total Project Cost RFP2020-9 $247,919.00 HST (13%) 32,229.00 Total Gross Project Cost $280,148.00 HST Rebate (11.24%) (27,866.00) Total Net Project Cost $252,282.00 3. Approved Source of Funds Approved Code 2121.2392.0000 Source of Funds Property Taxes Third Party Contribution-Region Third Party Contribution-OPG Total Funds 2021 Budget $84,094.00 84,094.00 84,094.00 $252,282.00 Required $84,094.00 84,094.00 84,094.00 $252,282.00 - 63 - CAO 01-21 January 25, 2021 Subject: 2021 Pre-Budget Approval – Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Page 3 Generating Station Project Cost under (over) approved funds by $0.00 Pre-budget approval is required to allow awarding of the contract in early 2021 which will allow for the completion of the study and the presentation of its findings to Council in 2022. Council decisions or direction from this report can then be implemente d during the remainder of the year. Discussion: On September 18, 2020 the City issued RFP2020-9 for a Study of the Financial, Economic and Social Impacts of the Retirement of the Pickering Nuclear Generating Station. The purpose of this request for consulting services is to undertake a study to increase City and Regional understanding of closure and decommissioning impacts and opportunities by providing: a) research and analysis of nuclear decommissioning strategies, regulatory processes, risks and experiences in Canada and other comparable jurisdictions including mitigation strategies; b) research, analysis, and modelling of the economic, financial and social impacts to the City and Region from operational stage through shutdown and decommissioning. The baseline for the impact analysis and modelling should be defined as a year that includes operation of all 6 reactors such as 2019, so that the trend from full operations through each subsequent phase of closure and decommissioning is indicated; c) recommendations for maximizing the opportunities associated with OPG’s newly announced Centre for Canadian Nuclear Sustainability (CCNS) to stimulate research, technology development, innovation, and attracting industry and talent. This includes possible synergies with post-secondary institutions located in Durham Region; and d) recommendations for a comprehensive communication plan for Council, residents, and businesses on decommissioning. An advertisement was placed on the City' s website and on social media platforms. The RFP closed on October 20, 2020 with seven proposals being received. An evaluation committee including City of Pickering and Region of Durham staff reviewed the proposals against the criteria outlined in the RFP (see Attachment No.1). The proposal submitted by AECOM Canada Ltd. was the highest scoring proposal. City Council will be updated on the progress of the study program as it is undertaken and at the conclusion of the study, the final study report will be forwarded to Council for consideration. It is therefore recommended that Council authorize pre-budget approval for consulting services for a study of the financial economic and social impacts of the retirement of the Pickering Nuclear Generating Station for an amount of $252,282.00 to be financed by the City of Pickering, the - 64 - CAO 01-21 January 25, 2021 Subject: 2021 Pre-Budget Approval – Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Page 4 Generating Station Region and OPG, and that the proposal submitted by AECOM, dated October 20, 2020, be accepted. Attachments: 1.Supply & Services Evaluation Memorandum, October 26, 2020 2.Supply & Services Summary Memorandum, January 12, 2021 Prepared By: Approved/Endorsed By: Aneesa Haniff Fiaz Jadoon, Director, Economic Senior Economic Development Officer Development & Strategic Projects Ray Rodrigues, CPPB Manager, Supply & Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer AH:ah Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer - 65 - Original Signed By:Original Signed By: Original Signed By: Original Signed By: Original Signed By: Attachment No. 1 to Report CAO 01-21 To: Marisa Carpino Interim Chief Administrator Officer, October 26, 2020 From: Ray Rodrigues Manager, Supply & Services Copy: Economic Development Assistant Director, Economic Development & Strategic Projects Senior Economic Development Officer Director, Economic Development & Strategic Projects, Durham Region Subject: Proposal No. RFP2020-9 Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Generating Station Closing Date: October 20, 2020 - File: F-5300-001 Terms of Reference for RFP2020-9 were advertised on the City’s website on September 18, 2020. 7 companies have submitted a proposal. Stage I – Mandatory Submission Requirements – determines which submissions satisfy all the mandatory submission requirements and provides Proponents the opportunity to rectify deficiencies, which was not required for this RFP. 5 proposals proceed to Stage II – Evaluation. Proposals are attached for evaluation along with the evaluation criteria included in the RFP document. Each member of the evaluation committee shall independently review and score the submissions on the basis of the rated criteria outlined in Terms of Reference, Part 2, Item D – Rated Criteria and sign the evaluation form. Attachments: 1. Stage I – Evaluation of Submission Requirements 2. Evaluation Form 3. Copy of the Terms of Reference 4. Pricing Evaluation 5. Copy of the proposals received Evaluation committee members shall complete their review independently and forward the completed evaluation forms to Ray Rodrigues. In accordance with Purchasing Procedures 14.02 Item 17, committee members’ scores for each Respondent will be totaled to establish an average score. A summary of average scores will be prepared by Supply & Services for review and discussion at a meeting set up for the evaluation committee, if required. Please direct all enquiries to Supply & Services. Respondents will be advised of the outcome when the contract has been awarded. If you require further information, please contact me, or a member of Supply & Services. Memo - 66 - Request for Proposal No. RFP-9-2020 Page 2 of 2 RR Attachments (9) - 67 - Attachment No. 2 to Report CAO 01-21 To: Marisa Carpino Interim Chief Administrator Officer January 12, 2021 From: Ray Rodrigues Manager, Supply & Services Copy: Director, Finance & Treasurer Administrative Assistant, Office of the CAO Director, Economic Development & Strategic Projects Senior Economic Development Officer Subject: Proposal No. RFP2020-9 Study of the Financial, Economic, and Social Impacts of the Retirement of the Pickering Nuclear Generating Station Closing Date: October 20, 2020 - File: F-5300-001 Further to memo dated October 26, 2020, 7 proposals proceeded to Stage II evaluation. The Evaluation Committee, consisting of City Staff from the Office of the CAO and the Region of Durham, conducted independent evaluations of the proposals. A consensus of the scores is completed and a copy is attached. In accordance with Item 2.5 Stage IV – Ranking and Contract Negotiations, all scores from Stage II and Stage III have been added together, the proponents have been ranked based on their total scores. Aecom Canada Ltd. is the highest ranking proponent in the amount of $247,919.18 plus HST. A budget of $140,000 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Part B. Material Disclosures, Item 1, as a pre-condition of award, the selected proponent, Aecom Canada Ltd will be required to provide the following documents for review: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) The City’s certificate of insurance or approved alternative form shall be completed by the Proponent’s agent, broker or insurer. Please advise if we are to proceed with this task. Memo - 68 - RFP2020-9 Page 2 of 2 In accordance with Purchasing Policy Item 10.04, where written proposals are obtained by the Manager in accordance with procedures set out in Section 06 and funds are a vailable in the approved budget: (c) An award over $50,000 is subject to the additional approval of Council. Please include the following items in your Report to Council: 1. if Item (a) noted above is acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (b) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent Aecom Canada Ltd including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. the budget amount(s) assigned thereto; 6. Treasurer’s confirmation of funding; 7. related departmental approvals; and 8. related comments specific to the project. Upon receiving Council’s approval, an approved requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponent s will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. RR Attachment 1 - 69 - Report to Council Report Number: CS 10-21 Date: January 25, 2021 From: Brian Duffield (Acting) Director, Community Services Subject: Facilities Asset Management System - Renewal of VFA Software Subscription and Services - File: A-1440 Recommendation: 1. That Quote #Q-194376-1 for the VFA Facilities Asset Management System software subscription for a five year period, submitted by Accruent in the amount of $200,828 (HST included) be accepted; 2. That the total gross project cost of $200,828.00 (HST included), and the total net project cost of $180,852.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance Year 1 subscription fees for net cost of $34,065.00, and five year sum of $180,852 (net HST rebate) be provided for in the 2021 Current Budget, to be funded from property taxes; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: In November 2015, Council approved Report CR 18-15 for consulting services to perform building condition assessments required for the implementation of a facilities asset management system. The resulting database is now fully implemented and integrated into Community Services’ Facility Asset Management System (FAMS). Staff have also worked diligently to ensure that separate software solutions used by Finance and Community Services can work hand in hand. VFA is also linked to an internationally recognized construction cost index database to ensure that its data and estimates provide values reflecting recent trends in the construction industry. This system has become an invaluable project planning and management tool and is often a requirement when reporting Federal Gas Tax project outcomes and as a component of grant applications made to upper tiers of government. Report CR 18-15 included funding for five years to collect the data required to populate the database and coordinate it with other existing records. That work is now complete, and the VFA system is actively being used to track, predict, and inform projected capital funding needs. The 2021 Capital Budget will be the first to feature input on all City facility assets using the VFA software. - 70 - CS 10-21 January 25, 2021 Subject: Facilities Asset Management System Page 2 Re-assessment of building assets is not expected to commence until 2022, at the earliest, and will be included in future Budget submissions for Council’s approval. The funding and approval requested herein is only for the extension of the software subscription fees for VFA facilities for the next five years. Extension of the existing service agreement with VFA Canada Corporation, now owned by Accruent, for another five year term (2021 -2025), in the amount of $200,828.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $200,828.00 and the total net project cost is estimated at $180,852.00 (net of HST rebate). Financial Implications: 1. Proposal Amount Proposal No. Q-194376-1 $177,724.45 HST (13%) Total Gross Proposal Cost $23,104.18 $200,828.63 2. Breakdown of Costs by Budget Year Total Project Cost 2021 Budget 2022-2025 Budgets Total Software Maintenance $33,476.00 $144,248.00 $177,724.00 HST (13%) 4,351.00 18,753.00 23,104.00 Total Gross Project Cost $37,827.00 $163,001.00 $200,828.00 HST Rebate (11.24%) (3,762.00) (16,214.00) (19,976.00) Total Net Project Cost $34,065.00 $146,787.00 $180,852.00 3. Approved Source of Funds Approved Code 2711.2392.0000 Source of Funds Property Taxes Total Funds 2021 Budget $34,065.00 $34,065.00 Required $34,065.00 $34,065.00 $34,065.00 Project Cost under (over) approved funds by $0.00 - 71 - CS 10-21 January 25, 2021 Subject: Facilities Asset Management System Page 3 Discussion: The Province of Ontario enacted the Infrastructure for Jobs and Prosperity Act in 2015, further extending its requirements with O.Reg 588/17 Asset Management Planning for Municipal Infrastructure in 2017. This legislation is intended to assist various levels of government with the long term strategic planning required to address the financial demands of aging infrastructure. Aware of the pending requirements and predicting a need to contribute data for the City’s facilities assets, Community Services issued a request for proposals in 2015 to obtain consulting services and a software service agreement to commence the work required to populate a database specific to the conditions of the City’s facilities. The City issued its first formal AMP in 2017 in accordance with the legislation’s requirements, and incorporating some of the early data provided by the FAMS. Most asset management legislation still focuses primarily on linear assets and infrastructure, including roads, bridges, sidewalks, and sewers. The provision of building-based data is not formally required until 2023, but the necessary work has already been completed and reflected in the City’s AMP. An updated AMP is to be provided in 2021, and will be required to specifically address levels of service standards f or various asset categories. The City will be well-positioned to respond proactively beyond the legislated minimum requirem ents thanks to previous investments towards completing its FAMS. The level of detail and active use of the software by staff has also prompted the vendor to actively engage with the City, seeking input for the future development of their software to better serve the City’s needs. Pickering is now considered to be at the forefront of facilities capital asset management among VFA’s Canadian clients. Completion of the VFA database provides the City with reliable predictions for the lifecycles of key systems and equipment, and data-backed estimates for replacement costs that serve as the foundation of the facilities-related Capital Budget planning process. The VFA software is directly linked to the RS Means cost estimating database, which draws on construction p ricing information from across North America to provide reliable trends that can be set to reflect regional cost variance. Pickering, for example, relies on costing data for the zone immediately east of Toronto, where certain goods and construction services vary significantly enough from those in Toronto to have an impact on overall project costs. Source information from VFA has been gradually incorporated into facility-related Capital Budgets over the last two years, with positive and reliable results. This year’s Budget will be the first to draw on source data from all City facilities. The data and analytical tools provided by the VFA software will assist the City with long term strategic planning, looking at the full lifecycle cost implications of owning and maintaining different buildings. Most of the City’s existing building assets are already over 20 years old, with its 3 largest facilities in the 30-40 year range. Planning for the end of life for major facilities has a significant impact on the City’s finances and requires years of work to be done in advance in order to properly prepare for their replacement. This work also includes establishing and maintaining targeted levels of service in order to determine the related cost implications. In accordance with Purchasing Policy Item 09.01, the Manager is authorized to make single or sole source purchases, without competitive bids and enter into a contract if the following condition applies: 9.04(c) Compatibility with an existing product is the overriding consideration. A single or sole source purchase exceeding $125,000 is subject to Council approval. - 72 - CS 10-21 January 25, 2021 Subject: Facilities Asset Management System Page 4 An updated fee proposal has been provided by Accruent for ongoing access to the software and related support services received by the City to date. Upon careful examination of the proposal, the Community Services Department recommends the renewal of this agreement for a further five year term in the amount of $200,828.00 (HST included) and that the total net project cost of $180,852.00 be approved. - 73 - CS 10-21 January 25, 2021 Subject: Facilities Asset Management System Page 5 Prepared By: Approved/Endorsed By: Vince Plouffe Brian Duffield Manager, Facilities Capital Projects (Acting) Director, Community Services Ray Rodrigues, CPPB Manager, Supply & Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer BD:vp Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: Original Signed By: Original Signed By: - 74 - Report to Council Report Number: CS 11-21 Date: January 25, 2021 From: Brian Duffield (Acting) Director, Community Services Subject: Pre-budget Approval - Don Beer Arena, Rink 3 Refrigeration Plant Upgrades (Phase 1) -File: A-1440 Recommendation: 1.That Report CS 11-21 from the (Acting) Director, Community Services for pre-budget approval of the Rink 3 Refrigeration Plant Rebuild at Don Beer Arena be received; 2.That Council grant pre-2021 Capital Budget approval and authorize the Director, Finance & Treasurer to fund the sum of $240,000.00 from Federal Gas Tax (FGT) Reserve Fund; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: In light of an incident in Fernie, British Columbia in 2017, which cost 3 workers their lives, the City has been reviewing the status of all of its arena refrigeration plants for compliance with applicable codes and standards. An engineering review of the refrigeration plant serving Rink 3 at Don Beer Arena, received from TS Engineering Inc. in December 2020, has identified several remedial repairs and recommended the replacement of equipment deemed to be at the end of its useful life. The plant is currently functional and can be maintained until the end of the current ice season, but the recommended work must be completed before it can resume operation for the next ice season. Design work must begin immediately if there is to be any chance of meeting this timeline, and the work must be tendered early enough to allow for the prompt ordering of any equipment with long lead times for delivery. Pre-budget approval is being requested to make available the required funds to proceed with this project, as waiting for the anticipated approval of the 2021 Capital Budget would make it impossible to complete the work in time for the 2021-22 ice season. Estimated costs for the project include $30,000.00 for related consulting and $210,000.00 for construction, including related contingencies, inspection, and related project costs. The total estimated project cost of $240,000.00 (net HST rebate) is to be funded from Federal Gas Tax . A second phase of equipment replacements identified by TS Engineering Inc.’s report will appear in the capital forecast budget for future consideration. The equipment noted for replacement in the second phase was deemed to have several more years of serviceable life. - 75 - CS 11-21 January 25, 2021 Subject: Pre-Budget Approval – DBA, Rink 3 Refrigeration Plant Upgrades (Phase 1) Page 2 Financial Implications: 1.Sourced of Funds Approved Code 5715.2104.6230 5715.2104.6500 Prof/Consulting Fees Building Related Source of Funds Federal Gas Tax Federal Gas Tax Total Funds 2021 Budget $ 30,000.00 210,000.00 $240,000.00 Discussion: Following the release of the final report investigating the 2017 deaths of 3 workers at Fernie Memorial Arena, staff began a preventative safety and maintenance review of the City’s existing refrigeration plants. Work completed on the Delaney Arena plant at the Chestnut Hill Developments Recreation Complex (CHDRC) in 2016 had already addressed any outstanding concerns. Additional work was completed in 2019 on the O’Brien Arena plant at CHDRC, as well as the single plant serving Rinks 1 and 2 at Don Beer Arena. Both were the result of findings from these condition assessments. A review of the final plant, serving rink 3 at Don Beer Arena, was completed after the replacement of dehumidification equipment in that rink in late 2020. The resulting report identifies a number of improvements required, including upgrades to existing ventilation and the replacement of an existing condenser, pump, and piping. Existing use can be maintained through to the end of the current season, but this work must be completed before the refrigeration plant can resume operations for the 2021-22 season. The Rink 3 refrigeration plant is typically started in mid-August, though this could be pushed back to early September if other pads are available. Once awarded, design work is expected to take 6-8 weeks to complete, to be followed by a formal tender process. There is typically a significant lag time while awaiting the delivery of major equipment on these types of projects. While this normally ranges from 10-12 weeks, the current pandemic has significantly impaired and caused delays to supply chains, and could extend this timeline. Staff will explore options to mitigate the risk of long lead times for delivery. Rink 3 at Don Beer Arena was constructed in 2002. Most of the addition’s major systems are in fair to good condition. Mechanical equipment experiences the greatest wear in these types of facilities and typically starts to reach end of life in the 20-25 year range. The findings of the report provided by TS Engineering Inc. are consistent with these expectations. - 76 - CS 11-21 January 25, 2021 Subject: Pre-Budget Approval – DBA, Rink 3 Refrigeration Plant Upgrades (Phase 1) Page 3 Prepared By: Approved/Endorsed By: Vince Plouffe Brian Duffield Manager, Facilities Capital Projects (Acting) Director, Community Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer BD:vp Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: Original Signed By: - 77 - Report to Council Report Number: FIN 01-21 Date: January 25, 2021 From: Stan Karwowski Director, Finance & Treasurer Subject: Council Budget Meeting Dates - File: A-2000-001 Recommendation: 1. That Report FIN 01-21 of the Director, Finance & Treasurer be received; 2. That the 2021 Budget Meeting Dates, previously approved through Resolution #442/20, be changed to March 4 and 5, 2021; and, 3. That the City Clerk be directed to give notice of the new meeting dates on the City’s website. Executive Summary: In October of last year, Council approved the “2021 Committee and Council Meeting Schedule”. This schedule included two dates (February and April) for the approval of the 2021 Budget. At this time, staff seek Council’s approval to revise the 2021 Council Budget meeting dates to reflect March 4th and if required March 5th. At this current time, it appears that these budget meetings will be on a virtual or electronic basis. Staff are in the process of revising the budget documents to facilitate an electronic meeting format. Financial Implications: No direct financial implications. Discussion: In the spirt of openness, transparency and accountability, the adoption and posting of the annual Committee and Council Schedule is an important exercise to ensure as much advance notice is provided to the public for upcoming Committee and Council Meetings. Accordingly, Council approved the 2021 Committee and Council Meeting Schedule appended to report CLK 03-20 at a meeting of Council in October 2020. Tentative Budget meetings dates for the 2021 Budget were reflected in the Meeting Schedule to be February 11 and 12, 2021 (or April 15 and 16, 2021 ). At this time, staff request the approval of Council to remove February 11 and 12, 2021 (or April 15 and 16, 2021) as tentative budget meeting dates and replace it with March 4 and 5, 2021 as the confirmed 2021 Budget meeting dates. - 78 - FIN 01-21 January 25, 2021 Subject: Council Budget Meeting Dates Page 2 ______________________________________________________________________ Excluding last year, the Federal Government’s budget date has been around the last week of February. With the City adopting this later date, any possible federal government grant announcements can be captured in the 2021 Capital Budget to ensure that the City has included the capital project candidates that can meet the grant criteria . Members of Council may recall that for the 2009 Budget, staff added or changed the Capital Budget to take advantage of two federal government grant announcements: Building Canada Fund Communities Component Intake Two and Infrastructure Stimulus Fund. Attachments: None Prepared/Approved/Endorsed By: Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 79 - Report to Council Report Number: FIN 02-21 Date: January 25, 2021 From: Stan Karwowski Director, Finance & Treasurer Subject: Property Tax Deferral Program - File: F-4200-001 Recommendation: 1. That Report FIN 02-21 of the Director, Finance & Treasurer be received; 2. That the Director, Finance & Treasurer be authorized to develop a 2021 Property Tax Deferral Program for the residential property tax class and that the property tax payments be deferred and interest and penalty be waived for up to ninety days for those that meet the criteria; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The COVID-19 pandemic presents one of the greatest financial challenges that our community has seen in generations. The COVID-19 pandemic has affected many Pickering taxpayers at the same time. With the City operating under the current provincewide shutdown, staff recommend to introduce a “Property Tax Deferral Program” for residential property owners that have been financially impacted based on the following principles:  Property taxes were paid in full by February 29, 2020 or are up-to-date by December 31, 2020.  Penalty and interest will be waived for three months (March, April and May) and then applied on June 1, 2021.  The applicant must establish a disruption or lack of employment beginning in March 2020 or later by providing documentation.  Residential property owners that pay their property taxes through their mortgage payment are not eligible for this program. Staff will promote this program through the interim property tax brochure, community page ad and City website. Staff will report back to Council in Q2 with further information related to the program uptake. Financial Implications: The cost of providing this program and the impact on the 2021 late payment charges will depend on the volume of applications received and approved. - 80 - FIN 02-21 January 25, 2021 Subject: Property Tax Deferral Program Page 2 Discussion: As indicated above, interested taxpayers would complete an application and if eligible, would have the late payment fees (penalty and interest) waived for the months of March, April and May. Applicants of the program will be required to demonstrate and provide supporting documentation of financial hardship incurred as a result of the COVID-19 pandemic in one or more categories: suspension of pay and/or loss of pay. Staff will consider the following supporting documentation as proof of a decrease of income: Record of Employment or ROE; lay-off notice; termination letter, letter from employer and evidence of receiving of benefits under a Federal Benefit program. In addition, the property owner must not have tax arrears either prior to February 29, 2020 or December 31, 2020. Applications received by the end of April 30th will be eligible to be backdated to March 1st and to receive the full 90 days of property tax deferral. The current work plan is to have the application posted on the City’s website to facilit ate the process. The website will include additional information regarding the application process. Property owners that have their property taxes paid with their mortgage payment by their financial institutions are not eligible for the property tax deferral program. As these accounts have no amounts outstanding, the property owner is encouraged to speak with their financial institution to seek any payment flexibility which they may require. Last year, Council approved a two month deferral program for late fees (April and May). This year’s Pickering program is providing a three month deferral. Some municipalities have established the criteria that the deferred amount has to paid in full in order to receive the financial benefit. Pickering’s program does not require any payment during the 90 days. It should be noted that if any of the applicant information is incorrect or inaccurate, the taxpayer will be removed from the program and penalty will be retroactively applied to March 1, 2021. Staff will continue to monitor the situation during the next three months as it relates to the provincewide shutdown and its impact on the local taxpayer and business community. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Mike Jones Stan Karwowski Supervisor, Taxation Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer - 81 - Report to Council Report Number: PLN 06-21 Date: January 25, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Environmental Registry Posting 019-2811 Comments on the Minister of Municipal Affairs and Housing’s authority to address site plan matters and apply inclusionary zoning as part of a ministerial zoning order - File: L-1100-054 Recommendation: 1. That the comments in Report PLN 06-21 on Environmental Registry Posting (ERO) 019-2811 regarding certain legislative provisions in the Planning Act that enable the Minister of Municipal Affairs and Housing to address site plan matters and apply inclusionary zoning as part of a ministerial zoning order, be endorsed; 2. That the Province repeal recent changes through Bill 197 which provide enhanced powers that enable the Province to address site plan matters as part of a ministerial zoning order on the basis that: a. municipalities are better positioned to carry out this function; b. the site plan control process administered by the local municipality provides the best and only mechanism for ensuring the public and community interest is maintained and upheld where the land use zoning for a development is approved through a ministerial zoning order; c. the Province does not have the local or technical expertise (engineering, urban design, landscaping, transportation, and fire), processes, or the same established working relationships to replace or fulfill these functions, which may result in delays or longer processes; and d. exemption from or uploading of these functions may also result in many practical challenges in terms of how detailed conditions will be formulated, finalized, and implemented in co-ordination with local municipal planning staff and various service agencies; 3. That the Province repeal recent changes through Bill 197 which provide enhanced powers that enable the Province to apply inclusionary zoning as part of a ministerial zoning order on the basis that: a. municipalities are better positioned to administer inclusionary zoning; b. inclusionary zoning should not be arbitrarily administered in the absence of a required analysis and where associated municipal planning policies and regulations are not in place; and - 82 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 2 c. requiring the provision of affordable housing without the necessary supportive tools, financing, policy, and regulatory framework, may result in projects not being viable or appropriately located or sized, among other issues; 4. That should these enhanced powers around site plans and inclusionary zoning be maintained: a. consideration be given to scoping these powers to certain areas of the province or jurisdictions that are not well equipped to handle these functions in an expeditious manner; b. municipalities be consulted extensively when the Province is considering exempting a project from site plan approval and/or assuming oversight for the process and when implementing inclusionary zoning requirements; c. stringent criteria be developed in consultation with municipalities as to which specific projects qualify to be exempt from local site plan control; d. details be provided on how these procedural and logistical matters would be addressed; in particular, clarification should be provided around who will be responsible for handling ongoing implementation matters after the approvals are in place such as necessary changes and inspections; e. the proponent be required to complete and/or satisfactorily address the necessary technical studies, agreements, and matters of interest that are ordinarily addressed through the City’s site plan control process to ensure there will not be any unacceptable impacts on or off the site or to the municipality as a result of the development; and f. provision be made for financial compensation to municipalities and, where applicable, conservation authorities, by the proponent or the Province for time spent by staff on reviewing and commenting functions on these applications to offset the foregone planning application/review fee revenue that would otherwise have been collected by the municipality; 5. That the Province provide further clarification on how exactly the enhancements related to site plan matters and inclusionary zoning support: a. the delivery of transit station infrastructure b. optimization of surplus lands and what is meant by the term “surplus lands” in this context; and, c. what constitutes a strategic project in this context; 6. That staff be directed to respond to ERO posting 019-2811 with a copy of Report PLN 06-21 and Council’s resolution thereon, and that a copy of Report PLN 06-21 be forwarded to the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham Area Municipalities. - 83 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 3 Executive Summary: On December 16, 2020, the Ministry of Municipal Affairs and Housing posted a proposal on the Environmental Registry of Ontario (ERO) for a 45-day commenting period, to seek input on provisions that were recently added to the Planning Act through the passing of Bill 197, the COVID-19 Economic Recovery Act, 2020. Those provisions granted the Minister enhanced authority to address certain matters as part of a Minister’s Zoning Order, in particular, site plans and inclusionary zoning. Comments are requested by January 30, 2021. City staff have prepared comments on behalf of the City and are seeking Council’s endorsement of these comments. Financial Implications: The effect of the legislation could have the potential of reducing revenue from development applications due to developers not having to submit applications for Site Plan Approval. 1. Purpose The purpose of this report is to obtain Council’s endorsement of staff’s comments to the Province on Environmental Registry of Ontario (ERO) posting 019-2811, regarding changes to certain legislative provisions in the Planning Act, that enable the Minister of Municipal Affairs and Housing (MMAH) to address site plan matters and apply inclusionary zoning as part of a zoning order. This report contains an assessment of possible implications and comments on the ERO posting. 2. Background Section 47 of the Planning Act gives the Minister of Municipal Affairs and Housing the authority to zone any property in Ontario by issuing a Ministerial Zoning Order (MZO). This tool allows the province to enact zoning regulations on lands without any public notice, public meetings, consultation, or right of appeal. MZOs override the underlying official plans and zoning by-laws. When an MZO is enacted, it quickly advances a development proposal to the site plan and building permit stage, or possibly straight to the building permit stage of development (if the project is exempt from site plan control). Currently, there is no established process or criteria that the Minister is required to follow to enact a MZO. As part of the economic recovery from the effects of the current pandemic, the Province has been making frequent use of MZOs to enable certain development projects to proceed more quickly. With the increasing number of MZO requests, many municipalities, including the Region of Durham, have expressed concerns and suggested that further clarification or criteria around the use of MZOs and their implementation might be appropriate. Within the City of Pickering, there are four MZOs, but only one has been issued as part of the recent actions to expedite development projects. Two of these orders were issued in the 1970s and are in the rural area near the federal airport lands. The purpose of these orders was to restrict land uses by preventing noise sensitive uses from being developed in the future flight paths to and from the future airport site. The third zoning order was passed in 2003 for the lands in the Duffins-Rouge Agricultural Preserve. The purpose of this zoning order was to restrict land uses to agricultural uses. Earlier this year, the Province issued an MZO to permit a variety of uses in association with the Durham Live development including apartment buildings, supermarkets, offices, film studios and warehousing. - 84 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 4 2.1 Site Plan Control Prior to the Planning Act being amended, when a zoning order has been issued by the Minister, and where a municipality has enacted a Site Plan Control By-law, local approval authorities would apply site plan control prior to a building permit being issued. Site plan control is an optional tool under the Planning Act that allows the council of a local municipality to control certain matters on and around a site proposed for development. This control over detailed site-specific matters, such as access (for pedestrians and vehicles), walkways, lighting, waste facilities, landscaping, drainage, and exterior design, ensures that a development proposal is properly planned and designed, fits in with the surrounding uses, and minimizes any negative impacts. Municipalities also have the ability to require applicants to enter into appropriate site plan and development agreements, and provide securities to ensure required works are completed in accordance with the approved plans. The City of Pickering has enacted a Site Plan Control By-law and implemented an effective and efficient site plan control process, which includes a pre-consultation meeting informing developers of submission requirements and identifies high level issues and concerns at the outset and prior to submission of the application. The Delegation of Site Plan Approval to the Director, City Development & CBO also expedites the process. The City has well established relationships and circulation protocols with key stakeholders and public agencies and requires comments be delivered in a timely manner. Pickering’s Site Plan Committee, consisting of the three City Councillors, helps to ensure that local issues and matters within a particular neighbourhood or area are considered in the review process. Further, through the site plan approval process, the City encourages and enables concurrent reviews of other applications such as minor variances and building permits, lessening development review timelines for applicants. Timelines for site plan applications are largely dependent on the development proponent’s capacity to address and respond to matters. 2.2 Inclusionary Zoning Introduced in 2018, inclusionary zoning is a land-use planning tool that may be used by municipalities to require affordable housing units to be included in proposed developments. Bill 108 limited the use of inclusionary zoning by municipalities to Major Transit Station Areas. In order for a municipality to utilize the inclusionary zoning provisions enabled through the Planning Act, they must undertake an “assessment report” to inform the development of appropriate official plan policies and zoning by-law provisions. In accordance with Ontario Regulation 232/18, this assessment report must include an analysis of municipal demographics and population, household incomes, housing supply by type (current and planned), housing types and sizes that might be needed to meet anticipated demand for affordable housing, and current average market price/rent by housing type across the municipality. - 85 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 5 Currently, there are no policies in the Pickering Official Plan that enable the use of inclusionary zoning. The City’s ongoing Housing Strategy Study will be examining the merits of utilizing inclusionary zoning. In addition, the Region of Durham has indicated that they are exploring the possibility of preparing an assessment report for their jurisdiction. This would enable the local municipalities, including the City of Pickering, to use this information in establishing inclusionary zoning, official plan policies, and zoning by-law provisions should they choose to do so. The Region is exploring this and other ways to enhance the affordable housing policies within its Official Plan through their municipal comprehensive review, Envision Durham. 3. Bill 197, the COVID-19 Economic Recovery Act, 2020 (Bill 197) Bill 197 received Royal Assent on July 21, 2020. Changes to Section 47 of the Planning Act were set out in Schedule 17 of Bill 197, and came into force on the same date. Prior to the enactment of Bill 197, the Minister’s authority to zone land did not include the authority to address site plan matters, or to require affordable housing units through inclusionary zoning. These recent amendments to Section 47 of the Planning Act give the Minister enhanced powers to: • require affordable housing (through inclusionary zoning); • remove municipal use of site plan control and require agreements between the municipality and development proponent (or landowner) concerning site plan matters; and • make amendments to Minister’s Zoning Orders that use any of these enhanced authorities without giving public notice beforehand. This enhanced authority does not apply within the Greenbelt Area (i.e., lands in the Oak Ridges Moraine Conservation Plan, Greenbelt Plan Protected Countryside and Urban River Valleys). The Province has indicated that an enhanced MZO could help overcome potential barriers and development delays, and that this proposed new authority could be used to support the delivery of transit station infrastructure and the optimization of surplus lands (e.g., affordable housing and long-term care homes), provide increased certainty for strategic projects, remove potential approvals delays, increase the availability of affordable housing, and provide additional value capture to enable economic recovery. This authority to address site plan matters, if utilized by the Minister, would supersede municipal site plan authority, where the Minister so provides in a zoning order. Through the MZO, the Minister could require a municipality and a development proponent (or landowner) to enter into an agreement dealing with matters related to site plan control (i.e., the same matters that may be addressed through a typical site plan control process). However, the Minister will be able to give binding direction concerning the agreement (outside the zoning order) to scope the matters that need to be addressed, or to specify how the matters are to be addressed. - 86 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 6 4. ERO Proposal 019-2811 On December 16, 2020, the MMAH posted a proposal on the ERO for a 45-day commenting period, to seek input on the proposed implementation of provisions in the Planning Act, as a result of the passing of Bill 197. Comments are requested by January 30, 2021. The MMAH is inviting public comment on the use of the enhanced powers regarding site plan control and inclusionary zoning in ministerial zoning orders. In particular, the Ministry is interested in hearing feedback with regard to: • whether the legislative changes made in this regard by Bill 197, should be expanded, repealed or otherwise adjusted; • how this enhanced authority, subject to any potential changes that might be made to it, ought to be used; • circumstances where this enhanced authority could be particularly helpful; and • circumstances where this enhanced authority may be better not used. The feedback received will assist the Ministry in determining whether changes should be made to the provisions of Section 47 of the Planning Act enacted by Bill 197 and, if the provisions are maintained, at least in part, whether there are best practices that might be articulated to guide the implementation of this enhanced ministerial authority. 5. Staff Comments City staff have undertaken a detailed review of the ERO proposal and provide the following comments. Key issues, comments, and concerns are outlined below and form the recommendations of this report. The Province has indicated that an enhanced MZO could help to overcome potential barriers and development delays and that the proposed enhanced powers could be used to support the delivery of transit station infrastructure and the optimization of surplus lands (e.g., affordable housing and long term care homes), provide increased certainty for strategic projects, remove potential approvals delays, increase the availability of affordable housing, and provide additional value capture to enable economic recovery. It is unclear how the enhancements could be used to support the delivery of transit station infrastructure, what is meant by “surplus lands”, and what constitutes a “strategic project”. Staff are requesting that the Province provide clarification. Staff are recommending repeal of recent changes through Bill 197 which provide enhanced powers that enable the Province to override site plan control from the local municipality, and apply inclusionary zoning as part of an MZO. These additional powers may be appropriate or desirable to be applied for development proposals in smaller and/or rural municipalities in Ontario that do not have the resources, technical expertise or formalized processes that the City of Pickering has in place to support expeditious processing of these kinds of applications. Currently, the City acts as an intermediary between the proponent and key stakeholders, and as a coordinating body. Should these powers around site plans and inclusionary zoning be maintained, consideration - 87 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 7 should be given to scoping these powers significantly. Further, MMAH should consult extensively with the relevant municipalities when considering exempting a project from site plan approval and/or assuming oversight for the process and when implementing inclusionary zoning requirements. 5.1 Site Plan Control Exemption Exempting development from site plan control, or directing a scoped site plan control process be undertaken, poses a serious risk that various design and detailed site specific matters that are integral to the City’s vision for the community and for public safety are overlooked. Guidance for site development is detailed through official plan policies, zoning by-laws and urban design guidelines, master drainage plans, watershed specific controls for stormwater quantity and quality management, fire safety route requirements, and municipal and regional development standards. Documents regarding land use and design are prepared with public engagement and stakeholder input, and represent the community vision for new development. Technical requirements, such as stormwater management, fire safety, and municipal design standards are prepared to mitigate risk to persons and property and municipal liability. There is a strong concern that if the Minister has the ability to exempt developments from site plan control, or to only apply certain elements of site plan control, that the resulting development could fail to mitigate negative impacts to existing neighbourhoods, may not achieve desired patterns of development, and may result in risks to persons and property. The site plan control process administered by the local municipality provides the best and only mechanism for ensuring the public and community interest is maintained and upheld. Staff at local municipalities have an intimate knowledge of local issues and are more familiar with the technical issues that are typically identified by key stakeholders and with the site-specific context. Removal of municipal site plan approval has the potential of resulting in decisions that may not serve the public interest and which could diminish transparency and accountability. The Province does not have the local or technical expertise (engineering, urban design, landscaping, transportation, and fire), processes, or the same established working relationships to replace or fulfill these functions, which may result in delays or longer processes. If the role of a local municipality is relegated to a commenting agency in instances where the Province utilizes this enhanced authority through Bill 197 related to site plan control, it would add an additional layer of bureaucracy. Through a Provincially directed scoped site plan control process, it appears that there would still be some form of ministerial approval and conditions of approval to secure the agreements between the owner and the municipality in relation to the critical matters that are typically addressed through site plan control. However, in the absence of regulations, there is a lot of uncertainty as to how this would be implemented. Uploading of these detailed local functions may not only undermine the local planning process, but may also result in many practical challenges in terms of how detailed site plan conditions will be formulated, finalized and implemented in co-ordination with local - 88 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 8 municipal planning staff and various service agencies. It is unclear how changes and implementation would be handled after the agreement is in place. If the Province decides to maintain these powers, details should be provided on how these procedural and logistical matters would be addressed. In particular, clarification should be provided around who will be responsible for handling ongoing implementation matters after the approvals are in place, such as for necessary changes and inspections. Should the Province exercise these enhanced powers to exempt development from site plan control or to restrict the scope of a Provincially directed site plan review, stringent criteria needs to be developed in consultation with municipalities to determine which specific projects may be exempt from site plan control, or to which matters would be addressed through a scoped site plan review, to ensure arbitrary proposals/projects that have no provincial interest are not exempt from site plan control. Prior to the issuance of any approval by the Province, the proponent should be required to complete and/or satisfactorily address the necessary technical studies, agreements, and matters of interest that are ordinarily addressed through the City’s site plan control process to ensure there will not be any unacceptable impacts on or off the site or to the municipality as a result of the development. Further, provision should be made for financial compensation to municipalities and, where applicable, conservation authorities, by the proponent or the Province, for time spent by staff to undertake reviewing and commenting functions on these applications. A significant amount of staff time may still be required to assist the Province in considering these requests and in these cases, compensation should be provided to offset the foregone planning application/review fee revenue that would otherwise have been collected by the municipality. 5.2 Application of Inclusionary Zoning With regard to enhanced authority to apply inclusionary zoning through MZOs, while staff strongly support the provision of affordable housing, staff do not support arbitrary application of inclusionary zoning by the Province through the issuance of MZOs, particularly where the necessary assessment has not yet been undertaken and associated planning policies and regulations are not in place. It is unclear how the Province would determine an appropriate amount and/or requirement for affordable housing in the absence of this requisite information. Further, Bill 108 limited the use of inclusionary zoning by municipalities to only Major Transit Station Areas (MTSAs). It appears through this enhanced authority, that the Province can choose to apply inclusionary zoning anywhere with the exception of lands within the Greenbelt. It is not clear why, if Bill 108 limited the use of inclusionary zoning to MTSAs, the Province would deem it to be appropriate or how they would consider when to apply inclusionary zoning outside of MTSAs. - 89 - Report PLN 06-21 January 25, 2021 Subject: Environmental Registry Posting 019-2811 Page 9 Government funding programs, incentives, and stronger regulations that are equitably administered across the province are needed to support affordable housing. Requiring the provision of affordable housing without the necessary supportive tools, financing, policy, and regulatory framework, may result in projects not being viable or not being appropriately located or sized, and could cause other related issues. Prepared By: Approved/Endorsed By: Kristy Kilbourne, MCIP, RPP Catherine Rose, MCIP, RPP Principal Planner, Policy Chief Planner Déan Jacobs, MCIP, RPP Kyle Bentley, P. Eng. Manager, Policy & Geomatics Director, City Development & CBO KK:DJ:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By Original Signed By Original Signed By Original Signed By Original Signed By - 90 - Memo To: Susan Cassel January 20, 2021 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 10/18 City Initiated: Rotary Frenchman’s Bay West Park Amending By-law 7808/21 Statutory Public Meeting Date February 4, 2019 Planning & Development Committee Date December 7, 2020 Purpose and Effect of By-law To amend By-law 2511, as amended, to rezone the Rotary Frenchman’s Bay West Park to “OS” – Open Space zone. Council Meeting Date January 25, 2021 Note Not applicable. TB:ld J:\Documents\Development\D-3300\2018\A 10-18\3-Zoning By-law Amendment\By-law Chart Memo to Clerks Final.docx Attachment By-law (Text & Schedule) Original Signed By Catherine Rose - 91 - The Corporation of the City of Pickering By-law No. 7808/21 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Rotary Frenchman’s Bay West Park (A 10/18) Whereas the Council of The Corporation of the City of Pickering passed Resolution #468/18 requesting the lands within Rotary Frenchman’s Bay West Park be rezoned from “R4” Zone and “G” Zone categories to “OS” Zone category within Zoning By-law 2511; And whereas the Council of The Corporation of the City of Pickering deems it advisable to amend By-law 2511 to regulate the land uses within the Rotary Frenchman’s Bay West Park in accordance with the Updated Master Plan for the Park; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in the Rotary Frenchman’s Bay West Park, in the City of Pickering, designated “OS” – Open Space on Schedule I to this By-law. 3. General Provisions No building, structure, land or part thereof shall here after be used, occupied, enacted, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law: (1) “Park, Public” shall mean an area of land under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes, that may include a playground, sports field, botanical garden, boat launch for non-motorized boats, or public swimming pool, and may also include accessory buildings or structures such as a maintenance building, washroom or canteen, and other uses authorized by the City and Conservation Authority. - 92 - By-law No. 7808/21 Page 2 (2) “Community Garden” shall mean land used for the growing and harvesting of plants, vegetables or fruits and provided the crops are for the sole use, donation or consumption by the individual or individuals growing or working the community garden. It shall not be considered as landscaped area, landscaped strip or landscaping. (3) “Conservation Use” shall mean a use dedicated towards the preservation, protection and/or improvement of components of the natural environment through management and maintenance. 5. Provisions (1) Uses Permitted No person shall within the lands zoned “OS” on Schedule “I” to this By-law, use any lot or erect, alter, or use any building or structure for any purposes except the following: a) Park, Public b) Community Garden c) Conservation Use (2) Zone Requirements No person shall within the lands zoned “OS” on Schedule “I” attached hereto, use any lot or erect, alter, or use any building or structure for any purposes except in accordance with the following provisions: a) Maximum height of all structures and buildings shall be 5 metres 6. By-law 2511 By-law 2511, as amended, 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 2511, as amended. - 93 - By-law No. 7808/21 Page 3 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of January, 2021 _________________________________ David Ryan, Mayor _________________________________ Susan Cassel, City Clerk - 94 - West Shore BoulevardOklahoma Drive BreezyDriveBayviewStre et ChipmunkStreetSunrise AvenueLeaside StreetYeremi StreetMink Street Beachpoi nt P r o m e n a d e i NClerk Mayor Schedule I to By-Law 7808/21 Passed This 25th Day of January 2021 Frenchman's Bay OS Lake Ontario - 95 - Memo To: Susan Cassel January 20, 2021 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Official Plan Amendment OPA 19-004/P Katanna Oklahoma LP 755 Oklahoma Drive City of Pickering Amending By-law 7809/21 for Official Plan Amendment Application OPA 19-004/P. Statutory Public Meeting Date June 15, 2020 Planning & Development Committee Date December 7, 2020 Purpose and Effect of By-law To adopt Amendment 41 to re-designate the lands located on the southeast corner of Eyer Drive and Oklahoma Drive from “Urban Residential Areas – Low Density Areas” to “Urban Residential Areas – Medium Density Areas” to allow a residential common element condominium development. Council Meeting Date January 25, 2021 Note On December 7, 2020, the Planning & Development Committee endorsed staff’s recommendation that the draft by-law to adopt Amendment 41 to the Pickering Official Plan as set out in Appendix I to Report PLN 29-20 be forwarded to Council for enactment. CM:ld J:\Documents\Development\D-3100\2019\OPA 19-004P, A 14-19, SP 2019-04 & CP 2019-05 - \Memos\By-law Chart Memo to Clerks.docx Attachments By-law 7809/21 Schedule A to By-law 7809/21 Original Signed By Catherine Rose - 96 - The Corporation of the City of Pickering By-law No. 7809/21 Being a By-law to adopt Amendment 41 to the Official Plan for the City of Pickering (OPA 19-004/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may, by by-law, adopt amendments to the Official Plan for the City of Pickering; And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; And whereas on February 23, 2000, Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; And whereas the Region has advised that Amendment 41 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Amendment 41 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments. 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this 25th day of January, 2021. __________________________ David Ryan, Mayor __________________________ Susan Cassel, City Clerk - 97 - Exhibit “A” to By-law 7809/21 Recommended Amendment 41 to the City of Pickering Official Plan - 98 - Recommended Amendment 41 to the Pickering Official Plan Purpose: The purpose of this amendment is to re-designate the lands located on the southeast corner of Eyer Drive and Oklahoma Drive from “Urban Residential Areas – Low Density Areas” to “Urban Residential Areas – Medium Density Areas” to facilitate a residential common element condominium development. Location: The site specific amendment affects the lands located on the south-easterly corner of Eyer Drive and Oklahoma Drive, described as Part of Lot 28, Broken Front Concession Range 3, Now Part of Part 1, 40R-2401, City of Pickering. Basis: Through the review of Official Plan Amendment Application OPA 19-004/P, Zoning By-law Amendment Application A 14/19, Draft Plan of Subdivision SP-2019-04 and Draft Plan of Condominium CP-2019-05, City Council determined that the Amendment facilitates a development that is compatible with the surrounding community, and is an appropriate intensification project in Pickering’s urban area. The Amendment is consistent with the policies of the Provincial Policy Statement 2020, and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and the Durham Regional Official Plan. Actual Amendment: The City of Pickering Official Plan is hereby amended by: 1. Amending Schedule I – Land Use Structure by replacing the “Urban Residential Areas – Low Density Areas” designation with “Urban Residential Areas – Medium Density Areas” designation for lands located on the southeast corner of Eyer Drive and Oklahoma Drive, as illustrated on Schedule ‘A’ attached to this amendment. Implementation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. OPA 19-004/P A 14/19 SP-2019-04 CP-2019-05 Katanna Oklahoma LP - 99 - ªª38 ¹ City of Pickering City Development Department © November, 2020 This Map Forms Part of Edition 8 of the Pickering Ofiicial Plan and Must Be Read in Conjunction with the Other Schedules and the Text. Extract ofSchedule I to theEdition 8 PickeringOfficial PlanCity of Pickering Area Shown on This Map Town of Ajax City of TorontoCity of MarkhamTownship of Uxbridge Town of WhitbySchedule 'A' to Amendment 41Existing Official Plan Oklahoma Drive Whites RoadLand Use Structure Urban Residential Areas Mixed Use Areas Low Density Areas Local Nodes Prestige Employment Employment Areas!Redesignate from "Urban Residential Areas - Low Density Areas" to"Urban Residential Areas- Medium Density Areas"Eyer Drive- 100 - Memo To: Susan Cassel January 20, 2021 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 01/20 Universal City Six Developments Inc. 1010 Sandy Beach Road City of Pickering Amending By-law 7810/20 Statutory Public Meeting Date July 13, 2020 Planning & Development Committee Date December 7, 2020 Purpose and Effect of By-law To amend By-law 7553/17 by adding a new Exception E14, to facilitate a high-density residential condominium building located on the southwest corner of Bayly Street and Sandy Beach Road. Council Meeting Date January 25, 2021 Note The Recommendation Report was brought forward to Planning & Development Committee on December 7, 2020. No further revisions to the By-law are required. TB:ld J:\Documents\Development\D-3300\2020\A 01-20\9 - By-law\By-law Chart Memo to Clerks Final.docx Attachment By-law (Text) Original Signed By Catherine Rose - 101 - The Corporation of the City of Pickering By-law No. 7810/21 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785 in the City of Pickering (A 01/20) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a high-density residential condominium building on lands being Part of Lot 21, Concession 1 South, Now Part 2, 40R-18785, City of Pickering; And whereas an amendment to By-law 7553/17, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 6, Exceptions, and Schedule 7 of Zoning By-law 7553/17, as amended, is further amended by adding a new Exception E14 as follows: 6.14.1 Definitions a) “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. b) “Floor Space Index” means the total net floor area of all buildings on a lot divided by the total area of the lot. 6.14.2 Zone Provisions The following regulations apply: a) Notwithstanding Section 2.4 c) related to permitted encroachments, a balcony, porch or uncovered platform may encroach into any required setback to a maximum of 2.2 metres. b) Notwithstanding Section 2.13 related to Yards Abutting Daylight Triangles, the minimum setback of buildings from the daylight triangle shall be 0.25 of a metre. - 102 - By-law No. 7810/21 Page 2 c) Notwithstanding Section 3.1, Table 1, related to Parking Space Requirements, the minimum parking ratio shall be 0.71 parking spaces per apartment dwelling unit for residents and 0.15 parking spaces per apartment dwelling unit for visitors. d) Notwithstanding Section 3.8 c) related to parking structures, stairs associated with a parking structure are permitted to project to a maximum of 1.2 metres above establishes grade no closer than 0.3 of a metre to a street line. e) Notwithstanding Section 3.8 d) related to parking structures, 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 2.8 metres to a street line. f) Notwithstanding Section 4.2 b) ii) and Schedule 5, related to Maximum Building Height, the height of a building or structure shall not exceed a building height of 78 metres (26-storeys). g) Notwithstanding Section 4.2 d) ii) and iii) related to Building Setback from Street Line, the residential building along Bayly Street may be setback to a maximum of 4.5 metres. h) Notwithstanding Section 4.2 h) i) related to Building Separation, the separation of a second storey unit with primary windows may be reduced to 8.6 metres so long as the primary window is no larger than 0.9 square metres, and the lowest point of the window is located a minimum of 1.8 metres from the floor. i) Notwithstanding Section 4.2 j) i) related to Minimum Main Wall Stepback for Buildings greater than 37.5 metres, the minimum main wall stepback from the main wall of a point tower and the main wall of a podium on the building face abutting Sandy Beach Road shall not apply. j) Notwithstanding Section 4.2 k) i) related to Balcony Requirements, the minimum area of a balcony is 4 square metres. k) Notwithstanding Section 4.2 k) ii) related to Balcony Requirements, balconies are permitted to project beyond the main wall at any height. 6.14.3 Special Site Provisions The following additional provision applies: a) Notwithstanding Section 4.2 a) and Schedule 3, the total land area of the lot, including lands conveyed to public ownership for a road widening as shown in the figure below, shall be deemed to be a lot for the purposes of calculating Floor Space Index (FSI), as shown on Figure 6.14.4 (a). - 103 - By-law No. 7810/21 Page 3 6.14.4 Special Site Figures Figure 6.14.2 (a) 2. Schedule 7, Exceptions, of Zoning By-law 7553/17, as amended, is further amended by adding an E14 notation as depicted on Schedule II to this By-law. 3. That By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 4. That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of January, 2021. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 104 - Memo To: Susan Cassel January 20, 2021 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 04/20 Ann Harbour Estates Ltd. 631 Liverpool Road City of Pickering Amending By-law 7811/21 Statutory Public Meeting Date August 10, 2020 Planning & Development Committee Date January 4, 2021 Purpose and Effect of By-law To rezone the subject lands to permit a permanent private school use with a maximum of 50 students and 4 apartment dwelling units. Council Meeting Date January 25, 2021 Note Not applicable FC:ld J:\Documents\Development\D-3300\2020\A 04-20\By-law\By-law Chart Memo to Clerks.docx Attachment By-law (Text) Original Signed By Catherine Rose - 105 - The Corporation of the City of Pickering By-law No. 7811/21 Being a by-law to amend Zoning Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148, in the City of Pickering. (A 04/20) Whereas the Council of The Corporation of the City of Pickering passed By-law 5938/02 amending By-law 2520 to rezone lands being Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148, in the City of Pickering, to “MU-13”, to recognize an existing detached dwelling on the subject lands and to permit a variety of commercial uses on the lands; Whereas the detached dwelling has been redeveloped; Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a private school use and four apartment dwelling units on the lands zoned “MU-13” being Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148, City of Pickering; And whereas an amendment to By-law 2520, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provisions of this By-law shall apply to those lands on Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 in the City of Pickering, designated “MU-13” on Schedule I of By-law 5938/02. 2. Text Amendment 1. Section 4. Definitions, of By-law 5938/02 is hereby amended by removing Definition 10(c) and replacing it with the following definition: 10 (c) “Dwelling, Apartment Dwelling” shall mean a residential use building containing four or more principal dwelling units where the units are connected by a common corridor or vestibule. 2. Section 4. Definitions, of By-law 5938/02 is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definition as follows: - 106 - By-law No. 7811/21 Page 2 (18) “Private School” shall mean 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. 3. Section 5.(1)(a) Uses Permitted (“MU-13” Zone) of By-law 5938/02, is hereby amended by removing the following permitted uses: (v) detached dwelling 4. Section 5.(1)(a) Uses Permitted (“MU-13” Zone) of By-law 5938/02, is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new permitted uses as follows: (v) dwelling, apartment dwelling (vii) private school 5. Section 5.1(b)(ii) Parking Requirements of By-law 5938/02, is hereby amended by removing Parking Requirement “B”, and replacing and reordering this subsection in order to incorporate the new parking requirements as follows: “B For a dwelling, apartment dwelling use, there shall be provided and maintained on the lot a minimum of 1.75 parking spaces per unit C For a private school use, there shall be provided and maintained on the lot a minimum of 1 parking space per 10 students, and a minimum of 1 parking space for each staff” 6. Subsections C, D, E and F of Section 5.(1)(b)(iii) Special Regulations of By-law 5938/02, are hereby repealed and replaced with the following: “C The minimum gross floor area – residential for a dwelling, apartment dwelling unit shall be 100 square metres; D A private school use shall be limited to a maximum gross leasable floor area of 335 square metres; E A private school use shall be limited to a maximum of 50 students; F A private school use shall be permitted to operate from September 1st to July 1st between the hours of 7:00 am and 6:00 pm; G No other non-residential uses are permitted to operate on the subject property concurrent to the hours of operation of the private school as noted above; H A maximum of four apartment dwelling units shall be permitted.” - 107 - By-law No. 7811/21 Page 3 3. By-law 2520 By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of January, 2021. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 108 - Memo To: Susan Cassel City Clerk January 20, 2021 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law - Owner: Zavala Developments Inc. - Part of Lots 196 and 197, 40M-2631, being Parts 1, 2, 3 and 4, 40R-31202 File: PLC.40M-2631 The above-mentioned lots are being developed in accordance with the appropriate Subdivision Agreement. An error occurred at the surveying stage which resulted in the misplacement of the foundations on the subject lots. As such, an application was made to the Committee of Adjustments for relief from Zoning By-law 7364/14. A reference plan was registered reflecting the amended lot lines. Part lot control is required to minimize the number of variances required on the subject properties. Attached is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act thus allowing the single detached dwelling units to be conveyed into private ownership. This draft by-law is attached for the consideration of City Council at its meeting scheduled for January 25, 2021. PB:ca Attachments Location Map Draft By-law - 109 - Orenda Stree t 1:250 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Location MapFile:Applicant:Property Description: Part Lot Control THIS IS NOT A PLAN OF SURVEY. Date: Jan. 18, 2021 ¯ Las Lomas (ARH) Homes Ltd. Lot 198, 40M2631 and Part of Lots 196 & 197, 40M2631 being Parts 1 to 4, 40R-31202 Part 140R-31202 L:\PLANNING\01-MapFiles\Legal\Part Lot Control\PartLotControl_40M2631.mxd PN-6 Part 340R-31202 EPart 440R-31202EPart 240R-31202 Lot 198 - 110 - The Corporation of the City of Pickering By-law No. 7812/21 Being a by-law to exempt Part of Lots 196 and 197, Plan 40M-2631, being Parts 1, 2, 3 and 4, Plan 40R-31202, Pickering from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to the lands described as follows: (a)Part Lot 196, Plan 40M-2631, being Part 1, Plan 40R-31202; (b)Part Lots 196 and 197, Plan 40M-2631, being Parts 2 and 3, Plan 40R- 31202, provided that Parts 2 and 3, Plan 40R-31202 shall only be transferred together; and (c)Part Lot 197, Plan 40M-2631, being Part 4, Plan 40R-31202, provided that the said land shall only be transferred together with Lot 198, Plan 40M- 2631. 2.This by-law shall remain in force and effect for a period of two years from the date of the passing of this by-law and shall expire on January 25, 2023. By-law passed this 25th day of January, 2021. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 111 - The Corporation of the City of Pickering By-law No. 7813/21 Being a by-law to appoint Catalina Blumenberg as the Deputy Clerk for The Corporation of the City of Pickering Whereas pursuant to Section 228. (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (‘the Act’), a municipality shall appoint a clerk whose duty it is, a)to record, without note or comment, all resolutions, decisions and other proceedings of the Council; b)if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; c)to keep the originals or copies of all by-laws and if all minutes of the proceedings of Council; d)to perform the other duties required under this Act or under any other Act; and, e)to perform such duties as are assigned by the municipality. And Whereas pursuant to Section 228. (2) of the Act, a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Catalina Blumenberg is hereby appointed Deputy Clerk of The Corporation of the City of Pickering effective February 1, 2021. 2.By-law Number 7420/15 is hereby repealed. By-law passed this 25th day of January, 2021. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 112 -