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HomeMy WebLinkAboutSeptember 25, 2023 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy L. Robinson Absent: D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -Fire Chief S. Douglas-Murray - Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner K. Senior -Manager, Accounting Services C. Whitaker -Manager, Sustainability & Strategic Environmental Initiatives R. Perera -Deputy Clerk M. Cain -Corporate Security Specialist J. Mariampillai -Government & Stakeholder Relations Specialist 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Pickles, and that all Members present were participating electronically in accordance with the City’s Procedure By-law. 2.Moment of Reflection Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Mayor Ashe called for a silent moment of reflection. 3.Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4.Disclosure of Interest 4.1 Councillor Robinson declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 9.1, Corr. 28-23, City of Pickering Integrity Commissioner’s Recommendation Report, Complaints against Councillor Robinson. Councillor Robinson stated that in accordance with Section 5 of the Municipal Conflict of Interest Act, she reserved her right to take part in the discussion of the matter, however, would not take part in the vote. 5.Adoption of Minutes Resolution #262/23 Moved by Councillor Butt Seconded by Councillor Brenner Special Council – Education & Training Minutes, June 26, 2023 Council Minutes, June 26, 2023 Special Council – Education & Training Minutes, July 18, 2023 Special Council Minutes, August 3, 2023 Special Council Minutes, August 16, 2023 Executive Committee Minutes, September 5, 2023 Special Council Minutes, September 5, 2023 Planning & Development Committee Minutes, September 5, 2023 Carried 6.Presentations There were no presentations. 7.Question Period Due to the Council Chamber dome roof replacement, and the need to meet electronically, Question Period did not take place at the September 25, 2023 Council Meeting. 8.Delegations Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 8.1 Odessa Grignon, Pickering Resident Re: Concerns regarding Photography and Filming of the Public at the June Council Meeting Odessa Grignon, Pickering Resident, joined the electronic meeting to speak to concerns regarding photography and filming of the public at the June Council Meeting and advised that she was a member of the Pickering Anti-Black Racism Taskforce (PABRT). Ms. Grignon stated that she had attended the June 26, 2023 Pickering Council Meeting in support of the LGBTQ2S+ community and the Motion to rescind Councillor Robinson’s appointment to the Community Safety and Well- Being Advisory Committee. She added that while in attendance at the Meeting, she felt unsafe due to a member of the public filming the audience in the Council gallery and in the parking lot and expressed concerns regarding the use and purpose of the video footage. She advised that the City’s Procedure By-law permitted members of the public to film inside the Council Chambers if the filming was not disruptive to the meeting and questioned the definition of disruptive and the threshold for being removed from the Council Chambers. She noted that the concerns were brought to the security guard present at the June 26, 2023 Council meeting and questioned why the security guard did not feel empowered to take action on those concerns. Ms. Grignon suggested that the matter be brought forward to the Community Safety and Well-Being Advisory Committee. In concluding her delegation, Ms. Grignon advised that she had viewed the May 25, 2023 Council meeting and the terminology used by Councillor Robinson to describe Pickering Black residents was offensive. A question and answer period ensued between Members of Council and Ms. Grignon regarding: •the specific behaviour and action of the individual filming the audience that led Ms. Grignon to feel unsafe; •the correct terminology that should be used when referring to Black Pickering residents; •future planned renovations within the Council Chambers to address issues of accessibility and security; and, •whether Ms. Grignon had spoken to the security guard regarding follow up procedures. 8.2 Floyd Heath, Pickering Resident Re: Asylum Seekers being Accommodated in Pickering Floyd Heath, Pickering Resident, withdrew their delegation and did not appear before Council. 9.Correspondence Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 9.1 Corr. 28-23 Jeff Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Re: City of Pickering Integrity Commissioner’s Recommendation Report Complaints against Councillor Robinson Janice Atwood, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering, connected to the electronic meeting to speak to the City of Pickering Integrity Commissioner’s Recommendation Report Complaints against Councillor Robinson. Ms. Atwood-Petkovski advised that pursuant to the Municipal Conflict of Interest Act, Councillor Robinson was permitted to take part in the discussion of the matter however, was not permitted to vote on the matter. She stated that in considering the recommendation report, Council’s role was to decide whether the recommended sanctions were appropriate and not to play an investigative role. Ms. Atwood-Petkovski commented on the complaint and the findings of the investigation and stated that the sanction would only apply to salary, not benefits, and should be applied to the two pay periods following the Council Meeting. A question and answer period ensued between Members of Council and Ms. Atwood-Petkovski regarding: •examples of Integrity Commissioner investigations in other municipalities where similar code of conduct issues were investigated; •clarification regarding the evidence that led up to the findings of the Report; •interpretation of definitions for the terms bullying and intimidation referenced in the Report; and, •whether there was a conflict of interest for the Integrity Commissioner to investigate Code Complaints with the City paying the Integrity Commissioner for their services. A brief discussion period ensued between Members of Council regarding: •the findings of the Report and Council’s obligation to be impartial and transparent and accept the recommendations of the Integirty Commissioner; and, •the use of sarcasm being equated to bullying and intimidation and concerns regarding the impartiality of the Integrity Commissioner. Having previously declared a conflict of interest, Councillor Robinson did not vote on the following item. Resolution #263/23 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Cook Seconded by Councillor Brenner 1.That the Report of the Integrity Commissioner as contained in Corr. 28-23, pertaining to Councillor Lisa Robinson be received; and, 2.That in accordance with the Integrity Commissioner’s Report recommendations, the salary remuneration paid to Councillor Robinson be suspended for a period of 30 days (2 pay periods) commencing on the next scheduled pay period. Carried Unanimously on a Recorded Vote 9.2 Corr. 29-23 Andrea Horwath, Mayor, City of Hamilton Re: City of Hamilton – Request to Abandon Greenbelt Development A brief discussion period ensued between Members of Council regarding the recent Provincial announcement pertaining to halting development on the greenbelt lands. Resolution #264/23 Moved by Councillor Butt Seconded by Councillor Nagy That Corr. 29-23, from Andrea Horwath, Mayor, City of Hamilton, dated September 11, 2023, regarding City of Hamilton – Request to Abandon Greenbelt Development, be received and endorsed. Carried Unanimously on a Recorded Vote 10.Report EC 07-23 of the Executive Committee held on September 5, 2023 10.3 Director, Community Services, Report CS 25-23 City of Pickering Volunteer Program Update -2022/2023 Activities Council Decision: That Report CS 25-23, regarding the City of Pickering Volunteer Program Update, be received for information. Resolution #265/23 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt That Report EC 07-23, save and except Item 10.1, Report CLK 08-23, Item 10.2, Report CS 24-23, and Item 10.4, Report FIN 14-23, of the Executive Committee Meeting held on September 5, 2023, be adopted. Carried 10.1 Director, Corporate Services & City Solicitor, Report CLK 08-23 2024 Committee and Council Meeting Schedule A discussion and question and answer period ensued between Members of Council and staff regarding: •the use of strong mayor powers as it relates to deciding the budget leading to a lack of accountability, representation, transparency, and risk of bias; •the 2024 Budget being presented to Members of Council and Members having an opportunity to bring forward amendments to the budget; and, •the procedural ramifications of not adopting the 2024 Committee and Council Meeting Schedule. Resolution #266/23 Moved by Councillor Brenner Seconded by Councillor Butt 1.That the 2024 Committee and Council Meeting Schedule appended as Attachment #1 to Report CLK 08-23 be approved; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Mayor Ashe No: Councillor Robinson 10.2 Director, Community Services, Report CS 24-23 Draft Community Festivals and Events Policy, CUL 070 Amendments to Community Festivals and Events Policy, CUL 070 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A discussion and question and answer period ensued between Members of Council and staff regarding: •the policy providing the CAO with the authority to approve events in Esplanade Park during summer recess and during emergency and extenuating circumstances and whether Council could hold Special Council meetings to approve such events instead; •the number of meetings held with Council Members during the summer of 2023; and, •negative implications with providing the CAO the authority to approve events in special circumstances as noted in the Policy and the need for a collaborative governance model as it relates to the approval of events. Resolution #267/23 Moved by Councillor Brenner Seconded by Councillor Butt 1.That Council endorse the revisions in CUL 070 Community Festivals and Events Policy, as set out in Attachment 1 to this report, subject to minor revisions acceptable to the Director, Community Services; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Mayor Ashe No: Councillor Robinson 10.4 Director, Finance & Treasurer, Report FIN 14-23 Bill 23, More Homes Built Faster Act, 2022 Development Charge Revenue Loss as of July 31, 2023 A discussion period ensued between Members of Council regarding: •the negative impacts of Bill 23 to the City; •implications associated with the Province not making the City whole; and, •the need to explore opportunities to generate revenue and reduce expenditures to make the City whole without increasing taxes for residents. Resolution #268/23 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt That Report FIN 14-23 regarding an updated financial assessment related to Bill 23 be received for information. Carried 11.Report PD 07-23 of the Planning & Development Committee held on September 5, 2023 11.2 Director, City Development & CBO, Report PLN 30-23 Draft Plan of Subdivision Application SP-2020-02 Zoning By-law Amendment Application A 10/20 Pickering Forest Inc. 450 Finch Avenue Council Decision: 1.That Draft Plan of Subdivision Application SP-2020-02, submitted by Pickering Forest Inc., to establish a residential plan of subdivision, consisting of 31 lots for detached dwellings, 2 part blocks for future development, 1 parkland block, 1 environmental block, 2 public roads, and 1 block for a road widening, as shown on Attachment #4 to Report PLN 30- 23, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and, 2.That Zoning By-law Amendment Application A 10/20, submitted by Pickering Forest Inc., to implement Draft Plan of Subdivision SP-2020-02, on lands municipally known as 450 Finch Avenue, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix II to Report PLN 30-23, be finalized and forwarded to Council for enactment. 11.3 Director, City Development & CBO, Report PLN 31-23 Zoning By-law Amendment Application A 09-16(R) Draft Plan of Subdivision Application SP-2016-01(R) Draft Plan of Condominium Application CP-2016-03(R) 702153 Ontario Limited Southeast corner of Finch Avenue and Altona Road (1985 and 1999 Altona Road, and 323, 327 and 331 Finch Avenue) Council Decision: Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 1.That Zoning By-law Amendment Application A 09/16(R), submitted by 702153 Ontario Limited, to facilitate a residential common element condominium, development consisting of 48 townhouse units, on the lands located at the southeast corner of Finch Avenue and Altona Road, be approved subject to the zoning provisions contained in Appendix I to Report PLN 31-23, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 2.That Draft Plan of Subdivision Application SP-2016-01(R), submitted by 702153 Ontario Limited, to establish a development block to facilitate a common element condominium; an open space block, and two road widening blocks, as shown in Attachment #6 to Report PLN 31-23, and the implementing conditions of approval, as set out in Appendix II, be endorsed. Resolution #269/23 Moved by Councillor Butt Seconded by Councillor Cook That Report PD 07-23, save and except Item 11.1, Report PLN 29-23, of the Planning & Development Committee Meeting held on September 5, 2023, be adopted. Carried 11.1 Director, City Development & CBO, Report PLN 29-23 City Initiated Official Plan Amendment 49 -Changes to the policies and regulations for Additional Dwelling Units -File: OPA 23-002/P Kyle Bentley, Director, City Development & CBO, referred to the Memorandum from the Manager, Policy & Geomatics, dated September 22, 2023, provided to Council as supplemental information, and advised that a minor housekeeping revision was made to Appendices II to IV of Report PLN 29-23. A question and answer period ensued between Members of Council and staff regarding: •concerns regarding Additional Dwelling Units (ADUs) negatively impacting the existing neighbourhood character of a community; •concerns that ADUs were benefiting developers; •ADUs disrupting the density of a neighbourhood, increasing traffic, and not addressing the need for housing affordability; •the need for further public consultation to determine the impact of ADUs to established communities; Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm •the official plan and zoning amendments being in response to mandated Provincial legislation pertaining to ADUs; •implications with not adopting guidelines and approving the official plan and zoning amendments as it pertains to ADUs; •the need for a robust communication strategy to communicate the amendments to members of the public; and, •parking requirements that would be included in the by-laws. Resolution #270/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That Official Plan Amendment Application OPA 23-002/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to additional dwelling units, as set out in Exhibit ‘A’ to Appendix I to Report PLN 29-23, be approved; 2.That the Draft By-law to adopt Amendment 49 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to additional dwelling units, as set out in Appendix I to Report PLN 29-23, be enacted; 3.That Zoning By-law Amendment Application A 04/23, initiated by the City of Pickering, to implement Official Plan Amendment 49, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices ll to VII to Report PLN 29-23 be finalized and forwarded to Council for enactment save and except that the words “accessory building” in all Zoning By-laws included in Appendices II to VII be changed to the word “lots” as indicated in the Memorandum from the Manager, Policy & Geomatics, dated September 22, 2023 and provided to Council as supplemental meeting information; 4.That the Additional Dwelling Unit Registration By-law, as set out in Appendix VIII to Report PLN 29-23, be enacted; and, 5.That a copy of the staff report, the adopting by-law, and two copies of the adopted Amendment be forwarded to the Region of Durham. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook No: Councillor Robinson Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Councillor Nagy Mayor Ashe 12.Reports – New and Unfinished Business 12.1 Director, Finance & Treasurer, Report FIN 15-23 2022 Year End Audit and Financial Statements (Final) Lilian Cheung, Partner, Deloitte, joined the electronic meeting to speak to Report FIN 15-23. Ms. Cheung stated that the 2022 Year End Audit and Financial Statements were complete and added that the City had a clean audit report for 2022. Ms. Cheung advised that the final audit opinion would be issued upon Council approval. Resolution #271/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That the Report on the results of the 2022 Audit as submitted by Deloitte LLP be received for information; and, 2.That the 2022 draft Audited Consolidated Financial Statements for the City of Pickering be approved. Carried 12.2 Director, Community Services, Report CS 26-23 Draft Respectful Conduct Policy (ADM 260) -Rescind Zero Tolerance Policy (ADM 200) Marisa Carpino, Chief Administrative Officer, appeared before Council to speak to Report CS 26-23. Ms. Carpino advised that the draft Policy provided staff with tools, protection, and guidance when encountering unacceptable behaviour. A brief question and answer period ensued between Members of Council and Ms. Carpino regarding the Policy applying to all City staff and all City property including City parks and open spaces. Resolution #272/23 Moved by Councillor Brenner Seconded by Councillor Butt Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 1.That Council endorse the draft Respectful Conduct Policy (ADM 260), as set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and Chief Administrative Officer; 2.That Zero Tolerance Policy (ADM 200), as set out in Attachment 2, be rescinded; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 12.3 Director, Finance & Treasurer, Report FIN 16-23 Write-off of Property Taxes and Vesting of Lands Related to Property Tax Sale A question and answer period ensued between Members of Council and staff regarding: •Council approval of the Report transferring the ownership of the lands to the City and clarification that the property taxes were being written off; and, •whether there was an opportunity to use the lands for a community garden. Resolution #273/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That Report FIN 16-23 of the Director, Finance & Treasurer be received; 2.That the Treasurer be authorized to prepare and register a Notice of Vesting in the name of The Corporation of the City of Pickering; 3.That taxes totaling $326,135.52 as set out in this report, of which the City’s portion is $95,136.06, to be written-off pursuant to the provisions of Subsection 354.3 of the Municipal Act, 2001; 4.That the corresponding penalty and interest be cancelled; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 12.4 Director, Finance & Treasurer, Report FIN 17-23 Convenience Fee for Online Collection of Building Services Fees Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A question and answer period ensued between Members of Council and staff regarding: •whether the convenience fee was only applicable to building services; •whether pet owners would be charged a convenience fee for pet licence renewal; •alternative payment options available to individuals who do not wish to make online payments and incur a convenience fee; •whether the convenience fee would be applicable for builders submitting building applications; •whether a convenience fee was being adopted by other municipalities; and, •the convenience fee being a tool for cost recovery for the City. Resolution #274/23 Moved by Councillor Butt Seconded by Councillor Nagy 1.That Council provide authorization for the City to charge a convenience fee for online transactions for Building Services through the Pickering Residential Interface & Service Modernization (PRISM) portal; 2.That Council authorize the Director, Finance & Treasurer to set and adjust the convenience fee as required for optimal cost recovery of online for current term of Council; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 12.5 Director, Operations, Report OPS 23-23 Supply & Delivery of Five 1 Ton Trucks -Quotation No. Q2023-33 Resolution #275/23 Moved by Councillor Butt Seconded by Councillor Nagy 1.That Quotation No. Q2023-33 submitted by Blue Mountain Chrysler Ltd. in the amount of $488,570.00 (HST excluded) be accepted; Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 2.That the total gross project cost of $552,084.10 (HST included) and the total net project cost of $497,169.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $497,169.00 as follows: a)The sum of $200,234.00 to be funded from the 5-year DC Debt as approved in the 2023 Capital Budget be revised to the DC – Other Highway Services Reserve Fund; b)The sum of $96,703.00 to be funded from the Vehicle Replacement Reserve as approved in the 2023 Capital Budget; c)The sum of $200,232.00 to be funded from DC – Parks & Recreation Reserve Fund as approved in the 2023 Capital Budget; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 12.6 Director, Operations, Report OPS 24-23 Ontario Infrastructure and Lands Corporation Licence Renewal Agreement Resolution #276/23 Moved by Councillor Butt Seconded by Councillor Nagy 1.That Report OPS 24-23 regarding Ontario Infrastructure and Lands Corporation Licence Renewal Agreement be received; 2.That the Mayor and City Clerk be authorized to execute the License Renewal Agreement with Ontario Infrastructure and Lands Corporation to extend the term of the licence as set out in Attachment 1 to this Report, subject to the revisions agreeable to the Director, Operations and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Carried 12.7 Director, City Development & CBO, Report SUS 08-23 City of Pickering’s Blue Box Producer Responsibilities Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A brief question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding the role and responsibilities of the Region of Durham and whether there were any cost savings to the City and taxpayers. Mr. Bentley advised that staff were awaiting a response from the Region of Durham regarding the cost savings aspect. Resolution #277/23 Moved by Councillor Butt Seconded by Councillor Cook 1.That the Mayor and City Clerk be authorized to execute the Executive Attestation form with the Resource Productivity and Recovery Authority as contained in Appendix I to this report, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, Director, Finance & Treasurer, and/or Chief Administrative Officer; 2.That the Mayor and City Clerk be authorized to enter into a Producer Services Agreement with Circular Materials effective until December 2024 contained in Appendix II to this report, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, Director, Finance & Treasurer, and/or Chief Administrative Officer; 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report; and, 4.That appropriate City staff undertake necessary associated actions. Carried 13.Motions and Notice of Motions 13.1 Indoor Pickleball Courts Interim Solution A brief discussion and question and answer period ensued between Members of Council and staff regarding: •the need for additional Pickleball courts and the Motion providing an interim solution; and, •whether the courts could be shared for basketball or could be used as multipurpose courts. Resolution #278/23 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor Butt WHEREAS, the construction of a multipurpose double Gymnasium which will include lines painted for indoor Pickleball is planned as part of the future construction of the Seaton Community Centre; And Whereas, the construction of the Seaton Community Centre is forecasted to commence in 2026; And Whereas, while Pickering is moving forward with plans to create additional outdoor Pickleball Courts it remains a challenge to meet this growing sport in suitable indoor space; And Whereas, in discussions with a representative from 1st Pickering Pickleball, demand has demonstrated an urgent need now based on membership and potential use; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs Staff, through the Office of the CAO to: 1. Explore opportunities to lease warehouse space that can be retrofitted to accommodate the construction of Indoor Pickleball Courts; 2. Consult with the 1st Pickering Pickleball in this review; and, 3.Report back to Council for Budget consideration, no later than Q1 2024. Carried 13.2 Art Sculpture Pickering Council Chamber A discussion and question and answer period ensued between Members of Council and staff regarding: •artwork done by Pickering resident Dorsey James and the Motion intending to incorporate an indoor art sculpture into the City Council Chambers as part of its renovation plan; •whether the art sculpture could be donated to the City; •concerns regarding the funding expenditure and the need to allocate funds towards addressing the need for housing shelters and food banks; and, •the renovation of the Council Chambers increasing accessibility and the positive impacts of artwork on the mental health and wellbeing of individuals. Resolution #279/23 Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Moved by Councillor Butt Seconded by Councillor Brenner WHEREAS, the Council Chamber which is located within the City of Pickering Civic Complex is a place of decision making based on the foundation of democracy; And Whereas, the Council Chamber is a place that should represent Pickering as a culturally diverse City with a history dating back over 200 years; And Whereas, a renovation of the Council Chamber is projected to occur sometime in 2026; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs through the Office of the CAO: 1.That Notwithstanding CUL 130 Public Art Policy, that staff be directed to consult with Pickering resident and internationally renowned sculptor Dorsey James who carves images from world mythology to commission or purchase one of his pieces to be included as part of the Council Chamber renovation and that the costs for such work not exceed $30,000.00 and be funded from the Public Art Reserve (8038); and, 2.That Council be updated no later than the end of Q2 2024. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy No: Councillor Robinson Mayor Ashe 13.3 Post Manor Art Gallery A brief discussion period ensued between Members of Council regarding the anticipated timelines for completion of the art gallery. Resolution #280/23 Moved by Councillor Brenner Seconded by Councillor Butt Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm WHEREAS, Brock and Kingston Holdings Inc. submitted applications for an Official Plan (OPA 20-008/P) and Zoning By-law Amendment (A 13/20), proposing a high density, mixed-use development on the lands municipally known as 1970 Brock Road; And Whereas, this development includes the retention of a designated heritage building, Post Manor, which is intended to be used for a non-residential use; And Whereas, on March 27, 2023, Council approved site-specific Official Plan Amendment 47 and Zoning By-law Amendment 8005/23, to facilitate the proposed development, which includes an “art gallery/studio” as a permitted use on the subject lands; And Whereas, the City of Pickering does not currently have a municipal art gallery within south Pickering; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1.Directs Staff, through the Office of the CAO, to: a.enter into discussions with Brock and Kingston Holdings Inc. regarding the potential acquisition of Post Manor by the City or lease agreement of said property between the City and Brock and Kingston Holdings Inc.; b.consult with relevant cultural organizations as part of the Feasibility Study; and, c.report back to Council in Q3 2024. 2.That the Mayor be requested to consider the inclusion of funds in the 2024 budget to complete a Feasibility Study that establishes the business case of the Corporation operating a stand-alone art gallery that includes, but is not limited to the projected annual operating costs, revenues, staffing structure and operating structure. Carried Unanimously on a Recorded Vote 13.4 Regional Boulevard Maintenance A discussion period ensued between Members of Council regarding: •the City being the only lower-tier municipality in Durham to rely on the Region for regional boulevard maintenance; Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm •feedback from residents regarding the poor quality of work done on the regional boulevards; •concerns regarding the motion increasing the burden for taxpayers; and, •the intent of the Motion being to explore cost saving opportunities and to provide consistency in quality of service pertaining to boulevard maintenance. Resolution #281/23 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Region of Durham Works currently contracts out the maintenance of Regional boulevards in the City of Pickering; And Whereas, the City of Pickering is the only lower-tier municipality in Durham that has not entered into an agreement with The Region of Durham to provide boulevard maintenance; And Whereas, the quality of work provided by the current contractor hired by The Region of Durham has not been satisfactory and has resulted in complaints from residents due to lack of consistency with the quality of work where it abuts Pickering roads; And Whereas, The Region of Durham has entered into contracts with all other lower-tier municipalities who provide boulevard maintenance in their respective Municipalities; And Whereas, The City of Pickering Operations/Parks Staff provides excellent service maintaining public boulevards; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1.Direct the CAO to reach out to The Region of Durham to discuss a willingness of the City of Pickering to assume the boulevard maintenance on Regional Roads in Pickering on a contractual arrangement, similar to the other lower-tier municipalities in Durham; and, 2. That the CAO report back to Council in advance of the preparation of the Mayor’s 2024 Current Operating Budget. Carried Unanimously on a Recorded Vote 13.5 Celebration of Gordon Lightfoot – Steeple Hill Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm A discussion period ensued between Members of Council regarding: •the need to prioritize the wellbeing of Pickering residents and the need to allocate these funds towards immediate needs in the community; •the developer adjacent to the park offering to construct an art piece on the adjacent lands for no cost to the City; •balance of the public art reserve fund and how the fund was maintained; •social services being under the jurisdiction of the Region of Durham; and, •concerns regarding artwork constructed on private property being accessible to only those residing in the development. Resolution #282/23 Moved by Councillor Brenner Seconded by Councillor Nagy WHEREAS, the late Gordon Lightfoot was an icon for Canadian music; And Whereas, the Steeple Hill Community that was built in the late 1980’s has streets named after Gordon Lightfoot songs in recognition of his talent; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. That notwithstanding CUL 130 Public Art Policy, Staff be directed, through the Office of the CAO, to undertake a commission of public artwork to be installed in Ernie L. Stroud Park to celebrate the life of Gordon Lightfoot; 2. That the Mayor be requested to consider the inclusion of $60,000 (including HST) in the 2024 Budget and be funded from the Public Art Reserve (8038); 3. That as per Section 8.01 of CUL 130 Public Art Policy, the artwork be commissioned through the issuance of an Open Call; and, 4. That community consultation be undertaken for the three top-ranked Public Art Jury selections prior to finalizing the artist selection. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt No: Councillor Robinson Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Councillor Cook Councillor Nagy Mayor Ashe 14.By-laws 14.1 By-law 8033/23 Being a By-law to adopt Amendment 49 to the Official Plan for the City of Pickering (OPA 23-002/P). 14.2 By-law 8034/23 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. 14.3 By-law 8035/23 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.4 By-law 8036/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.5 By-law 8037/23 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.6 By-law 8038/23 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.7 By-law 8039/23 Being a by-law to amend Restricted Area (Zoning) By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. 14.8 By-law 8040/23 Being a by-law to provide for the registration of additional dwelling units in the City of Pickering. Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 14.9 By-law 8041/23 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 31, Concession 2, City of Pickering (A 10/20) (Pickering Forest Inc.). 14.10 By-law 8042/23 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors. 14.11 By-law 8043/23 Being a by-law to appoint Carl Milanes as a Municipal Law Enforcement Officer for the purpose of enforcing the by-laws of The Corporation of the City of Pickering. 14.12 By-law 8044/23 Being a by-law to establish Part Lot 24, Plan 228 and Part Block 12, Plan 40M- 2017, being Parts 5 and 6, Plan 40R-31779 as public highway. 14.13 By-law 8045/23 Being a by-law to exempt Blocks 165 to 172, Plan 40M-2671, from the part lot control provisions of the Planning Act. 14.14 By-law 8046/23 Being a by-law to exempt Blocks 1 to 55, Plan 40M-2731, Pickering from the part lot control provisions of the Planning Act. Resolution #283/23 Moved by Councillor Butt Seconded by Councillor Cook That By-law Numbers 8033/23 through 8046/23 be approved, with By-laws 8034/23 through 8039/23 being approved as amended. Carried 16.Confidential Council – Public Report Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Mayor Ashe stated that prior to the Regular Council Meeting, an In-camera session was held at 6:00 p.m. in accordance with the provisions of the Municipal Act and Procedure By-law 8019/23 to consider personal matters pertaining to identifiable individuals, litigation or potential litigation, and receipt of advice that is subject to solicitor-client privilege. The matters were discussed in closed session as they pertain to Citizen Appointments to the Waterfront Visionary Advisory Committee and Ontario Land Tribunal appeals by 5031718 Ontario Inc., Kindwin (Brock) Development Corporation and Brock Road Duffins Forest Inc. Carried 16.1 Citizen Appointments to the Waterfront Visionary Advisory Committee Resolution #284/23 Moved by Councillor Butt Seconded by Councillor Cook That the following citizens be appointed to the Waterfront Visionary Advisory Committee for a term ending November 14, 2026, or until a successor is appointed: Kelly Stott Lynn Tidd Carried Carried 16.2 Confidential Memorandum from the Director, City Development & CBO, and Director, Corporate Services & City Solicitor Re: Appeal by 5031718 Ontario Inc. of Council’s decision to approve Zoning By- law Amendment Application A 07/22 Property Address: 1786 & 1790 Liverpool Road Applicant: Wildav International Developments Limited City File: A 07/22 OLT Case Number: OLT-23-000739 Resolution #285/23 Moved by Councillor Butt Seconded by Councillor Brenner That, regarding Zoning By-law 8023/23 by Wildav International Developments Limited, the City respond to the appeal of the by-law by 5031718 Ontario Inc., and that staff be directed to defend the decision of Council to enact the by-law at the Ontario Land Tribunal. Carried Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm Carried 16.3 Confidential Memorandum from the Director, City Development & CBO, and Director, Corporate Services & City Solicitor Re: Appeals by Kindwin (Brock) Development Corporation and Brock Road Duffins Forest Inc. of Council’s decision to approve Zoning By- law Amendment Application A 03/16 Property Address: 2065 & 2071 Brock Road Applicant: Pickering Islamic Centre City File: A 03/16 OLT Case Number: OLT-23-000740 Resolution #286/23 Moved by Councillor Butt Seconded by Councillor Brenner That, regarding Zoning By-law 8024/23 for the Pickering Islamic Centre, the City respond to the appeals submitted by Kindwin (Brock) Development Corporation and Brock Road Duffins Forest Inc., and that staff be directed to retain such external legal, planning and other consulting resources, as are required, to defend the decision of Council at the Ontario Land Tribunal. Carried 16.Regional Councillor Updates There were no updates from Regional Councillors. 17.Other Business 17.1 Councillor Brenner gave Notice of a Motion pertaining to waiving application fees for adding street names to the reserve list for the family of former Ward 2 City Councillor, Don Kitchen. 17.2 Councillor Nagy gave Notice of a Motion for the endorsement of the Association of Municipalities of Ontario (AMO) request for Bill 5. 18.Confirmatory By-law By-law Number 8047/23 Councillor Cook, seconded by Councillor Nagy moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of September 25, 2023. Carried Council Meeting Minutes September 25, 2023 Electronic Meeting 7:00 pm 19.Adjournment Moved by Councillor Butt Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 10:15 p.m. Dated this 25th of September, 2023. Original Signed By Kevin Ashe, Mayor Original Signed By Susan Cassel, City Clerk