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HomeMy WebLinkAboutOctober 23, 2023 Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 1 Present: Mayor Kevin Ashe Councillors: M. Brenner L. Cook M. Nagy D. Pickles L. Robinson Absent: S. Butt 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 l. Gibbs - Division Head, Culture and Community Programming L. Arshad - Manager, Economic Development & Marketing J. Litoborski - Manager, Municipal Law Enforcement Services R. Perera - Deputy Clerk C. Redmond - (Acting) Deputy Clerk J. San Antonio - Senior Advisor, Diversity, Equity & Inclusion 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in- person, save and except Councillor Butt. 2. Moment of Reflection Mayor Ashe called for a silent moment of reflection. Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 2 3. Indigenous Land Acknowledgment Statement Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 4.1 Councillor Pickles declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 14.2, Confidential Memorandum from the Director, Corporate Services & City Solicitor, regarding the KPMG Report regarding Frenchman’s Bay Potential Acquisition, as the matter may involve an organization that he was affiliated with. Councillor Pickles did not take part in the discussion or vote on this matter. 4.2 Councillor Robinson declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 9.1, Corr. 30-23, Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Lisa Robinson, October 13, 2023. 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 #289/23 Moved by Councillor Brenner Seconded by Councillor Robinson Council Minutes, September 25, 2023 Planning & Development Committee Minutes, October 3, 2023 Carried 6. Presentations There were no presentations. 7. Question Period There were no questions from members of the public. 8. Delegations Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 3 8.1 Neil Pasher, Founder, Sloane’s House Lorraine Sunstrum-Mann, Board Member, Sloane’s House Re: Progress on Bringing a Pediatric Respite and Hospice Facility to Durham Region Neil Pasher, Founder, Sloane’s House, and Lorraine Sunstrum-Mann, Board Member, Sloane’s House joined the hybrid electronic Council meeting and with the aid of a PowerPoint Presentation, provided an update on the progress of bringing a Pediatric Respite and Hospitality Facility to Durham Region. Mr. Pasher and Ms. Sunstrum-Mann spoke to the vision and mission of Sloane’s House, the importance of respite care, the range of hospice services, the focus of palliative care, the need for hospice care in Durham Region, the impact on families, the strategic directions for the future, support for the organization, stakeholder outreach, current programs, and partnerships. A question and answer period ensued between Members of Council, and Mr. Pasher and Ms. Sunstrum-Mann regarding: • the reasons a respite and hospitality facility are needed in Durham Region; • the anticipated timeline to have the facility completed, the capacity of the facility, and the number of families it can support; and, • the plans for expansion of current summer programs at WindReach Farms. 8.2 David Biggar, Manager of Project Development, Plus Power Fernando De Samaniego Steta, Regional Director, Project Development, Plus Power, Ben Weisel, Director of Permitting, Plus Power Daniel Brennan, Senior Manager, Permitting, Plus Power Utilia Amaral, Consultant, Plus Power Nick Petrakis, Consultant, Plus Power Re: Report ECD 06-23 Trillium Energy Storage - Municipal Support Resolution Daniel Brennan and his colleagues from Plus Power appeared before Council and advised they were available for questions pertaining to Report ECD 06-23. Resolution #290/23 Moved by Councillor Brenner Seconded by Councillor Cook That the order of the agenda be changed to hear Item 11.6, Report ECD 06-23, as the next item of business. Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 4 Carried 11.6 Director, Economic Development & Strategic Projects, Report ECD 06-23 Trillium Energy Storage Municipal Support Resolution A question and answer period ensued between Members of Council, staff, Mr. Biggar, Mr. De Samaniego Steta, Mr. Weisel, Mr. Brennan, Mr. Amaral, and Mr. Petrakis, regarding: • the potential hazards, lifespan and replacement cost of lithium batteries and the radiation they generate; • the appropriateness of the location being proposed for the project; • clarification that the purpose of the project was to take excess power off the grid when not needed, store it, and add the power back to the grid when required; • the requirement for the applicant to follow the City’s procurement and planning process; and, • confirmation that these facilities are needed across the province. Resolution #291/23 Moved by Councillor Cook Seconded by Councillor Brenner 1. That Report ECD 06-23 regarding the proposed Battery Energy Storage System be received; 2. That Council approve a Municipal Support Resolution (Attachment 1), as required by the Independent Electricity Systems Operator, for the Trillium Energy Storage project proposed by Plus Power, LLC at 2310 Fairport Road (Property Identification Number: 26371-0948); 3. That the Mayor be authorized to sign the Prescribed Form of Municipal Support Resolution on behalf of the Corporation of the City of Pickering; and, 4. That a copy of the signed Prescribed Form of Municipal Support Resolution and Report ECD 06-23 be forwarded to Power Plus, LLC. Carried 8.3 Terry Keefe, Durham Resident Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 5 Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Terry Keefe, Durham Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement, specifically with respect to allowing municipalities to apply to a member of the judiciary to remove a sitting member, and prohibiting a member so removed from sitting for election in the term of removal and the subsequent term of office. Ms. Keefe stated that removing an elected official without regard for the people’s voice was undemocratic. Ms. Keefe noted that Council is elected to manage the business of the City and not to use their position for political activism or political activist lobby groups. She stated that everyone should be treated equally, to ensure public spaces are neutral, and for Members of Council to be able to bring forward motions without repercussions. A question and answer period ensued between Members of Council and Ms. Keefe regarding the substance of the proposed motion being based on Bill 5 and pre-dating the current Term of Council. 8.4 Maja Petrovic, Pickering Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Maja Petrovic, Pickering Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Ms. Petrovic stated that she objected to the Motion as Council should be focusing on the economy, jobs, democracy, and not increasing rules. Ms. Petrovic stated that Members of Council need to work together to find solutions even when there is disagreement amongst Members and added that the residents were suffering due to Council’s inability to work collaboratively. 8.5 Vaughan Brown, Pickering Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Vaughn Brown, Pickering Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Mr. Brown stated that he objected to the Motion as it takes away his voice, and that discrimination on Council should be controlled by the Bill of Rights. 8.6 Rick Troyan, True North Transparency Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 6 Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Rick Troyan, was not able to connect electronically to the meeting and did not provide a delegation. 8.7 Esther Klein, Pickering Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Esther Klein, Pickering Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Ms. Klein stated that she objected to the Motion to remove an elected official who the citizens had voted for. 8.8 Faisal Mirza, Durham Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Faisal Mirza, Durham Resident, was not in attendance at the meeting and did not provide a delegation. 8.9 Umair Jalil, Durham Resident Asma Umair, Durham Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Umair Jalil, Durham Resident, and Asma Umair, Durham Resident were not in attendance at the meeting and did not provide a delegation. 8.10 Gordon Carpenter, Pickering Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Gordon Carpenter, Pickering Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Mr. Carpenter stated that he objected to the Motion and considers some sections as righteous, undemocratic, and tyrannical. He further stated that the Motion would be used to get rid of Councillors who took a difference stance and questioned how this could be used by politicians. 8.11 Monica Carpenter, Pickering Resident Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 7 Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Monica Carpenter, Pickering Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Ms. Carpenter stated that she objected to the Motion and that Council was in violation of the Whereas clauses in the Motion. She stated that Council should reflect on their actions and words as it was not creating a safe and respectful workplace for Councillors and staff. She added that the ability to remove a Member of Council from their elected position could be easily abused if a Member had a difference of opinion and encouraged Members to be politically correct. Ms. Carpenter suggested that Council should listen and respond to each other and set an example for residents and stated that it was wrong to penalize Councillors. 8.12 Dianna Robinson, Durham Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Dianna Robinson, Durham Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Ms. Robinson stated that she objected to the Motion, specifically regarding the recommendation to allow the removal of a Member of Council through the judiciary process, when they were elected by their constituents. She stated that the Motion was denying the right of citizens to vote for their preferred representative which was moving towards a dictatorship. She concluded her delegation by stating that these legislative changes would apply to all Members of Council. 8.13 Jessica Wilkins, Durham Resident Janice Strasbourg, Durham Resident Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Jessica Wilkins, Durham Resident, and Janice Strasbourg, Durham Resident, appeared before Council to speak to concerns regarding the Motion on Legislative Amendments to improve Municipal Codes of Conduct and Enforcement. Ms. Wilkins and Ms. Strasbourg stated that they objected to the Motion, specifically regarding the recommendation to allow the removal of a Member of Council through the judiciary process, stating it is violation of rights and freedom of speech. The delegates noted that the Motion was vague and subjective, adding that Council did not have the right to override the Bill of Rights. They further stated that if a Member of Council was doing a good job, they would continue to be Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 8 elected and those that did not do a good job would not get re-elected noting that this Motion ignored democracy by going against the electoral process. It was the consensus of Council to take a short recess. Council recessed at 8:47 p.m. and reconvened at 9:00 p.m. 9. Correspondence 9.1 Corr. 30-23 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: Integrity Commissioner’s Recommendation Report Regarding Complaints against Councillor Lisa Robinson, October 13, 2023 Janice Atwood-Petkovski , 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 stated that the report flows from complaints received from Councillors’ Brenner, Cook, and Nagy, Durham District School Board (DDSB)Trustee Cunningham, as well as other members of the community between May 19-23, 2023, regarding Councillor Robinson’s conduct on May 15, 2023 on the steps of the DDSB Office, where she addressed the crowd and read out notices of motion that she intended to bring to Council the following week. Ms. Atwood provided a thorough overview of the details contained within the Report. A question and answer period ensued between Members of Council and Ms. Atwood-Petkovski regarding several aspects of the Integrity Commissioner’s Report. It was the consensus of Council to take a short recess. Council recessed at 9:40 p.m. and reconvened at 9:44 p.m. Detailed discussion ensued between Members of Council and Ms. Atwood- Petkovski pertaining to Councillor Robinson’s concerns regarding how the investigation had been carried out and the findings of the Integrity Commissioner. Further discussion ensued between Members of Council regarding: Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 9 • concerns regarding the division within Council and treatment of Councillor Robinson; • similar complaints being filed by other complainants with the Integrity Commissioner regarding Councillor Robinson; • the need to respect the position of Members of Council on their views regarding Motions as they represent the views of their ward constituents; and, • the need to take responsibility and work collaboratively to set an example of respectful and responsible governance. Due to the lack of decorum in the Chambers, the Chair called for the clearing of the public gallery. It was the consensus of Council to take a short recess. Council recessed at 10:12 p.m. and reconvened at 10:29 p.m. Having previously declared a conflict of interest, Councillor Robinson did not vote on the following item. Resolution #292/23 Moved by Councillor Brenner Seconded by Councillor Cook 1. That the Report of the Integrity Commissioner, dated October 13, 2023, as contained in Corr. 30-23, 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 60 days (four pay periods) commencing on the next scheduled pay period. Carried Unanimously on a Recorded Vote 9.2 Corr. 31-23 Kevin Ashe, Mayor, City of Pickering Re: Proposed Cherrywood Development City of Pickering Direct and Indirect Costs A brief discussion period ensued between Members of Council regarding the announcement of the Minister of Municipal Affairs & Housings, and their intention Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 10 to enter into discussions to review urban boundaries and the requests from municipalities for reimbursement. Resolution #293/23 Moved by Councillor Brenner Seconded by Councillor Cook That Corr. 31-23, from Kevin Ashe, Mayor, City of Pickering, dated October 13, 2023, regarding Proposed Cherrywood Development - City of Pickering Direct and Indirect Costs, be received for information. Carried 9.3 Corr. 32-23 The Association of Municipalities of Ontario Re: Policy Update - Toronto New Deal and Housing Affordability Task Force Responses Resolution #294/23 Moved by Councillor Brenner Seconded by Councillor Pickles That Corr. 32-23, from The Association of Municipalities of Ontario, dated September 19, 2023, regarding Policy Update - Toronto New Deal and Housing Affordability Task Force Responses, be received for information. Carried 9.4 Corr. 33-23 Jamie Eckenswiller, Director of Legislative Services/Clerk, Municipality of West Grey Re: Establishing a Guaranteed Livable Income A brief discussion period ensued between Members of Council regarding the financial implications associated with endorsing the AMO Correspondence and that the implications would fall under the Federal and Provincial Governments. Resolution #295/23 Moved by Councillor Brenner Seconded by Councillor Pickles Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 11 That Corr. 33-23, from Jamie Eckenswiller, Director of Legislative Services/Clerk, Municipality of West Grey, dated September 22, 2023, regarding Establishing a Guaranteed Livable Income, be received and endorsed. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Cook Councillor Nagy Councillor Pickles No: Councillor Robinson Mayor Ashe 9.5 Corr. 34-23 Robert Cerjanec, Executive Lead, Strategic Initiatives and External Relations, Durham District School Board David Wright, Associate Director, Corporate Services, Durham District School Board Re: Durham District School Board Enrollment Pressures and Capital Priorities Resolution #296/23 Moved by Councillor Brenner Seconded by Councillor Pickles That Corr. 34-23 from Robert Cerjanec, Executive Lead, Strategic Initiatives and External Relations, Durham District School Board, and David Wright, Associate Director, Corporate Services, Durham District School Board, dated October 4, 2023, regarding Durham District School Board Enrollment Pressures and Capital Priorities, be received for information. Carried 10. Report of the Planning & Development Committee held on October 3, 2023 The Planning and Development Committee Meeting held on October 3, 2023 adjourned due to a loss of quorum. There were no recommendations made by the Planning & Development Committee at the October 3rd Meeting. 11. New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report BYL 06-23 Noise Control By-law Review and Update Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 12 A question and answer period ensured between Members of Council and staff regarding: • the types of noises that are permissible under the By-law and whether there would be any issues with snow blowers and snowplows that could run in the early morning and late evening; • the data that By-law staff used to compile the information in the report; and, • additional tools in the updated By-law to address noise issues for residents adjacent to commercial plazas. Resolution #297/23 Moved by Councillor Pickles Seconded by Councillor Cook 1. That this Report BYL 06-23 be received; 2. That the attached Noise Control By-law be enacted; 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 a Recorded Vote Resolution #298/23 Moved by Councillor Robinson Seconded by Councillor Nagy That due to the remaining items of business on the agenda, the meeting be extended to 12:00 a.m. Carried 11.2 Director, Corporate Services & City Solicitor, Report BYL 07-23 Toys for Tickets and Food for Fines Holiday Parking Fine Program Resolution #299/23 Moved by Councillor Pickles Seconded by Councillor Brenner Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 13 1. That Council authorize staff to implement the Toys for Tickets/Food for Fines program from November 27 through December 20, 2023; 2. That parking tickets issued between Monday, November 27 through Wednesday, December 20, 2023 be eligible for the Toys for Tickets/Food for Fines program; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 11.3 Chief Administrative Officer, Report CAO 10-23 Approval of “Black Joy Holiday Market” for the Pickering Anti-Black Racism Taskforce (PABRT) Resolution #300/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Council approve the PABRT-led event per ADM 040 Committees and Taskforces of Council Policy and on terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.4 Director, Corporate Services & City Solicitor, Report CLK 09-23 Special Powers and Duties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25 Information Report and recommended updates to Procedure By-law #8019/23 S. Cassel, City Clerk, provided a brief overview of Report CLK 09-23 and the Strong Mayor Powers under the Municipal Act. A question and answer period ensued between Members of Council and staff regarding: Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 14 • concerns regarding the use of the Powers resulting in a lack of accountability, concentration of authority, and undermining a democratic system; • implications of Council not adopting the draft by-law and the fact that not adopting the by-law would have no impact on the availability for the Mayor to use the Powers that have been prescribed by the Province; • the importance of the draft by-law providing guidance on using the Powers consistently; • whether there was potential for additional powers to be added; and, • the ability to repeal the proposed appendix to the Procedure By-Law should the Province pull back the Strong Mayor Powers legislation. Resolution #301/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Report CLK 09-23, regarding information pertaining to the Special Powers and Duties of the Head of Council (Strong Mayor Powers) under Part VI.1 of the Municipal Act, 2001, S.O. 2001, c.25, and the recommended updates to Procedure By-law #8019/23 be received; 2. That the draft by-law, included as Attachment #1 to CLK 09-23, to amend Procedure By-law #8019/23 be approved; and, 3. That the appropriate City of Pickering Officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. Carried on a Recorded Vote as follows: Yes: Councillor Brenner Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 11.5 Director, Community Services, Report CS 27-23 Chestnut Hill Developments Recreation Complex Arena Dressing Rooms - Outreach Shower Facilities DARS Inc. Agreement Renewal Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 15 Resolution #302/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Report CS 27-23 regarding Chestnut Hill Developments Recreation Complex Arena Dressing Rooms – Outreach Shower Facilities be received; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding with DARS Inc., set out in Attachment 1 to this report, for use of the Chestnut Hills Development Recreation Complex Arena Dressing Rooms, for outreach shower facilities, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 11.7 Fire Chief, Report FIR 04-23 Request for Proposal No. RFP2023-10 Fire Services Master Plan and Community Risk Assessment Resolution #303/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Proposal No. RFP2023-10 submitted by Behr Integrated Solutions Inc. Fire Services Consultants in the amount of $116,124.00 (HST included) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $104,573.00 (net of HST rebate) as approved in the 2023 Current Budget as follows: a) The sum of $78,430.00 to be funded from the Development Charges – Fire Services Reserve Fund; b) The sum of $26,143.00 to be funded from Property Taxes; and, Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 16 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 11.8 Director, Operations, Report OPS 25-23 Seniors & Persons with Disabilities Snow Clearing Program - RFP2023-8 A question and answer period ensued between Members of Council and staff regarding: • clarification regarding the dollar value of the eligibility ceiling cap; • clarification that residents currently on an Ontario Disability Works program would not be paying for program; and, • clarification that 75% of the program was being funded through casino revenues with the remaining 25% of the costs being funded by taxpayers. Resolution #304/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That proposal for Request for Proposal No. RFP2023-8 submitted by Gray’s Landscape & Snow Removal Inc. in the amount of $168,017.40 (excluding HST) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance Year 1 (2023) of the Seniors & Persons with Disabilities Snow Removal Program in the amount of $221,288.00 (net of HST rebate) as approved in the 2023 Current Budget as follows: a) The sum of $167,001.00 to be funded from the Casino Reserve; and, b) The sum of $54,287.00 to be funded from Property Taxes; 3. That financing for 2024 to 2026 of the Proposal be provided in the annual Current Budgets, for a total amount of $1,830.406.00 (net of HST rebate); and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Unanimously on a Recorded Vote Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 17 11.9 Director, City Development & CBO, Report PLN 33-23 Award of Request for Proposal (RFP 2023-7) for a Retail Market Study A question and answer period ensued between Members of Council and staff regarding the procurement process and the selection criteria used in the evaluation of the submissions. Resolution #305/23 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Proposal number RFP 2023-7 for a Retail Market Study, for the City of Pickering, submitted by Parcel Economics Inc., in the amount of $72,750.00 (excluding HST), be accepted; 2. That the net project cost of $74,031.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $74,031.00 as follows: a) The sum of $33,314.00 to be funded by a transfer from the Development Charge Reserve Fund – Growth Related Studies; b) The sum of $40,717.00 to be funded from Property Taxes; and, 4. That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to this Report. Carried 11.10 Director, City Development & CBO, Report PLN 36-23 Environmental Registry of Ontario Posting 019-7669 Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act. Resolution #306/23 Moved by Councillor Pickles Seconded by Councillor Brenner Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 18 1. That Council endorse the comments contained in Report PLN 36-23, and as set out in Appendix I to Report PLN 36-23, as the City of Pickering Detailed Comments on the proposed changes to the definition of an “Affordable Residential Unit” in the Development Charges Act; and, 2. That staff be authorized to submit the comments in Report PLN 36-23 and Council’s resolution thereon, to the Environmental Registry of Ontario posting (ERO 019-7669) as the City of Pickering’s comments on the proposed changes to the definition of an “Affordable Residential Unit” in the Development Charges Act. Carried Resolution #307/23 Moved by Councillor Brenner Seconded by Councillor Cook That leave be granted to suspend the rules of procedure to introduce a motion regarding Cost Recovery: Greenbelt – Cherrywood Area Lands. Carried on a Two-Thirds Vote 11.11 Cost Recovery: Greenbelt – Cherrywood Area Lands A brief discussion period ensued between Members of Council regarding the request to the Province, and the importance of ensuring the approach used in any future review of the Greenbelt lands is transparent and consultative. Resolution #308/23 Moved by Councillor Brenner Seconded by Councillor Cook Whereas, on December 14, 2022, the Province removed land in the City of Pickering from the Provincial Greenbelt Plan, known as the Cherrywood Area lands; And Whereas, the Province directed through the Office of the Provincial Land and Development Facilitator to facilitate discussions with the City of Pickering, and the Cherrywood Area landowners, to develop a Master Plan of the Cherrywood Area lands and that such discussions included: Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 19 • a minimum of 25% of the 30,000 residential units (7,500 units) being a combination of affordable and/or attainable housing which included the provision of at least 6,000 income-based affordable housing units through recognized non-profit housing providers including Habitat for Humanity GTA and Durham Region Non-Profit Housing Corporation; • total accommodation of 73,000 new residents and 23,000 jobs; • a 30-acre health care campus – which could include a hospital, confirmed with a letter of understanding with Lakeridge Health and landowners; • a 14-acre post-secondary school campus with Durham College, confirmed through a letter of understanding with Durham College and landowners; • a substantial amount of publicly owned parkland, exceeding the Planning Act maximums; • community centres, libraries, recreational complexes, fire halls, maintenance facilities, trails and an outdoor amphitheater for the performing arts; • employment lands to foster economic growth and job creation; and, • infrastructure - roads, water, wastewater, stormwater management systems, within the Cherrywood area lands and beyond. And Whereas, the Province further directed the Office of the Provincial Land and Development Facilitator to facilitate negotiations of a Development Agreement, and other agreements, required for the Cherrywood Area to support an expedited development approval process in order to meet the Provincially imposed deadlines of achieving land use planning approvals by the end of 2023 and commencing construction by no later than 2025; And Whereas, in reliance on the Provincial direction and timelines, the City expended taxpayers’ dollars to retain additional planning, engineering, and administrative staff to expedite the review of the Cherrywood Area plans and studies required to meet the deadlines established by the Province; And Whereas, in reliance on the Provincial direction and timelines, the City also expended taxpayers’ dollars to retain external Legal Counsel and other technical consultants to negotiate the Development Agreement and protect the City’s interests; And Whereas, the City and its staff have worked expeditiously and cooperatively to achieve Provincial goals and timelines as directed at considerable time and cost to the City; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 20 1. Endorses the actions of the Mayor to make a request to the Honourable Doug Ford, Premier of Ontario, and the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, for the recovery and reimbursement of all costs incurred by the City since December 14, 2022, respecting the Cherrywood Area lands totaling $360,135; and, 2. That should there be any consideration for any future Greenbelt lands review, that it be undertaken in a transparent manner through impartial, nonpartisan experts in conservation, agriculture and environmentalism, and include engagement with Indigenous communities and impacted municipalities and their Councils. Carried Unanimously on a Recorded Vote 12. Motions and Notice of Motions 12.1 Street Naming for Former Pickering Councillor Donald Kitchen Resolution #309/23 Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Section 02.02 (a) of Policy ADM 220, Street Naming Policy states that the procedure for reserving names not on the Reserve List to be used for public or private streets in Pickering requires all applicants to submit an application to add a street name to the Reserve List to the City Development Department which shall include the proposed name and the rationale for the name, in addition to the applicable fees as per the City’s Fees and Charges By- law; And Whereas, former Ward 2 Town Councillor Donald Kitchen, who passed away on April 18, 2023, resided in Bay Ridges and was a founding President of the Bay Ridges Eastshore Community Association, served as Ward 2 Town Councillor for 16 years, and was responsible for championing Community Centres, Kinsman Park, and Green Spaces in Pickering; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Recognizes that the late former Ward 2 Town Councillor Donald Kitchen was a resident of Pickering and exhibited significant importance to Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 21 Pickering’s Heritage and meets the criteria under Policy ADM 220, Street Naming Policy; and, 2. Directs that the associated fees under Policy ADM 220, Street Naming Policy and the application to add the street name to the Reserve List be waived, in recognition of Donald Kitchen’s service to the residents of Pickering and specifically Ward 2 as a member of Pickering Town Council. Carried 12.2 Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement A brief discussion period ensued between Members of Council regarding: • the history surrounding the drafting of the motion, its ties to the proposed Bill 5, and the need to revise the current language in the Statute; and, • the impacts to democratic rights as it relates to the motion. Resolution #310/23 Moved by Councillor Nagy Seconded by Councillor Cook WHEREAS, all Ontarians deserve and expect a safe and respectful workplace; And Whereas, municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse; And Whereas, several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils; And Whereas, these incidents seriously and negatively affect the people involved and lower public perceptions of local governments; And Whereas, municipal Codes of Conduct are helpful tools to set expectations of council member behaviour; And Whereas, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 22 1. Supports the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments; and, 2. That the legislation encompass the Association of Municipalities of Ontario’s recommendations for: a) Updating municipal Codes of Conduct to account for workplace safety and harassment; b) Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario; c) Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province; d) Allowing municipalities to apply to a member of the judiciary to remove a sitting member, if recommended through the report of a municipal Integrity Commissioner; and, e) Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office. 3. That a copy of this resolution be forwarded to The Premier, Durham MPP’s, Minister of Municipal Affairs and Housing, Associate Minister of Women’s Social and Economic Opportunity, Association of Municipalities of Ontario, The Regional Municipality of Durham, and lower-tier Durham Municipalities. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 13. By-laws 13.1 By-law 8048/23 Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 23 Being a by-law to prohibit and regulate noise. 13.2 By-law 8049/23 Being a by-law to amend Procedure By-law 8019/23, a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of Meetings. 13.3 By-law 8050/23 Being a by-law to establish Part Block 43, Plan 40M-2089, being Part 20, Plan 40R-30118 as public highway. Resolution #311/23 Moved by Councillor Pickles Seconded by Councillor Nagy That By-law Numbers 8048/23 through 8050/23 be approved. Carried 14. Confidential Council – Public Report Mayor Ashe stated that prior to the Regular Council Meeting, an In-camera session was held at 5:30 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, a proposed or pending acquisition or disposition of land, receipt of advice that is subject to solicitor-client privilege, and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. The matters were discussed in closed session as they pertain to Citizen Appointments to the Accessibility Advisory Committee and to a proposed or pending acquisition or disposition of land. 14.1 Citizen Appointments to the Accessibility Advisory Committee Resolution #312/23 Moved by Councillor Pickles Seconded by Councillor Brenner Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 24 That the following citizens be appointed to the Accessibility Advisory Committee for a term ending November 14, 2026, or until a successor is appointed: 1. Michael Shackleton; and, 2. Kevin Sullivan Carried Carried 14.2 Confidential Memorandum from the Director, Corporate Services & City Solicitor Re: KPMG Report regarding Frenchman’s Bay Potential Acquisition Having previously declared a conflict, Councillor Pickles did not vote on the following item. Resolution #313/23 Moved by Councillor Brenner Seconded by Councillor Cook That the confidential direction provided to staff during the in-camera portion of the Meeting be approved. Carried 15. Regional Councillor Updates There were no updates from Regional Councillors. 16. Other Business 16.1 Councillor Brenner gave Notice of a Motion that he would be bringing forward regarding the Sloane House. 16.2 Councillor Brenner gave Notice of a Motion that he would be bringing forward regarding an Equity Audit. 17. Confirmatory By-law By-law Number 8051/23 Councillor Pickles, seconded by Councillor Cook moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of October 23, 2023. Draft Council Meeting Minutes October 23, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 25 Carried 18. Adjournment Moved by Councillor Nagy Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 12:00 a.m. Dated this 23rd of October, 2023. Kevin Ashe, Mayor Susan Cassel, City Clerk