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HomeMy WebLinkAboutDecember 11, 2023 Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 1 Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D. Pickles L. Robinson Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Boyd - Fire Chief B. Duffield - Director, Operations R. Holborn - Director, Engineering Services L. Arshad - Manager, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk K. Hayes - Manager, Facilities Maintenance F. Patel - Strategic Initiatives & Corporate Priorities Advisor J. San Antonio - Senior Advisor, Equity, Diversity & Inclusion C. Redmond - (Acting) Deputy Clerk A. MacGillivray - Committee Coordinator 1. Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in- person. 2. Moment of Reflection 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 Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 2 Councillor Pickles declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 14.1, Re: City of Pickering’s Offer pertaining to the Attempted Purchase of Frenchman’s Bay, on the basis of the possible involvement of an organization he is affiliated with. Councillor Pickles did not take part in the discussion or vote on this matter. 5. Adoption of Minutes Resolution #354/23 Moved by Councillor Butt Seconded by Councillor Brenner Council Minutes, November 27, 2023 Executive Committee Minutes, December 4, 2023 Planning & Development Committee Minutes, December 4, 2023 Carried 6. Presentations There were no presentations. 7. Question Period There were no questions posed by members of the public during Question Period. 8. Delegations 8.1 Mike Garvey, Pickering Pickleball Club Re: Report ENG 16-23 Dedicated Outdoor Pickleball Court Options – South Pickering Mike Garvey, Pickering Pickleball Club, appeared before Council to express his concerns regarding Report ENG 16-23. Mr. Garvey advised that at the May 23, 2023 Council Meeting, his request to Council to convert one of the seven tennis club courts to a pickleball court, was denied, but that he was encouraged when a motion was passed in June asking staff to investigate alternate locations. Mr. Garvey expressed his disappointment in the Report regarding the timelines being premature due to the ongoing status of investigation and studies and the recommendation for design and construction in 2025. Mr. Garvey acknowledged that the Club does have access to a court at the Amberlea Tennis Club, but that Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 3 demand for the sport will continue to grow alongside the growth of south Pickering and the Seaton community. Mr Garvey advised that he is a staunch supporter of sports and other recreational activities and does not begrudge the City for spending money on other activities, but that it seemed that other sports were taking precedence over pickleball. Mr. Garvey advised that he had been engaging with staff and Council regarding the need for pickleball courts since 2020. He commented that he would like to know if other under-utilized spaces in Pickering had been investigated. Mr. Garvey provided an overview of the Club’s statistics, including drop-in play, learn to play, skills development, ladder development, demographics, and the club’s charity endeavours. He noted that although there was more awareness from Council and staff on the need for more pickleball courts, he was disappointed on the prospects for outdoor courts. A question and answer period ensued between Members of Council, staff and Mr. Garvey regarding: • whether the club would be comfortable with a short-term solution to address the immediate need for outdoor pickleball space while a more permanent solution was investigated; • whether the club would consider pickleball nets with four inch by four inch wooden poles instead of metal poles at Diana, Princess of Wales Park or Village East Park; • whether the club would be satisfied to move forward with a partial solution for outdoor courts in 2024 with implementation in 2025; • clarification on the number of club members that reside in Pickering; • clarification that the Hydro One site was not suitable because metal is not permitted at the location; • confirmation that the City had not abandoned the Petticoat Creek option; and, • the outdoor pickleball courts proposed for Dave Ryan Park and Beechlawn Park that were slated for construction in 2024; 8.2 Judy Hamilton, Wildav International Developments Limited William Friedman, Wildav International Developments Limited Re: Report LEG 07-23 Expropriation of Easement at Tribute (Liverpool) Inc. Site - Walnut Lane Extension - Part Lot 23, Concession 1, Northwest corner of Liverpool Road and Highway 401 Judy Hamilton and William Friedman, Wildav International Developments Limited joined the Meeting via electronic connection to express their concern regarding Report LEG 07-23. Mr. Friedman advised that Wildav International Developments Ltd. was the owner of the easement intended to be expropriated on this site. He Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 4 advised that they had concerns regarding the expropriation including the necessity. He commented that he understood that a verbal agreement had been reached between Wildav and the City of Pickering and wondered whether anyone was aware of a pending agreement. He advised that if there was an agreement, they would not oppose the termination of the easement, but if there was not an agreement, there was no necessity for the expropriation. Ms. Hamilton commented that it was premature to proceed with the expropriation process without dealing with the land over which the easement runs. 9. Correspondence 9.1 Corr. 37-23 The Association of Municipalities of Ontario (AMO) Re: Policy Update - Social and Economic Prosperity Review A question and answer period ensued between Members of Council and staff regarding: • clarification on what was being endorsed in the AMO correspondence; • implications of the current spending and specific elements outlined in the correspondence; • the funding of the services listed in the policy update and the level of government that was responsible for such funding; • obtaining information from the Region of Durham regarding the lack of funding from the provincial and federal governments with respect to the funding for social programs; • what the City’s commitment would be should the City not meet the criteria outlined in the policy update; • a discussion on the extension of the Region of Durham’s Reaching Home Agreement and that without the available funding from the provincial and federal governments, the Region would not be in a position to maintain its commitment under the agreement; • clarification that the City does not fund these programs and the responsibility of the Upper Tier; and, • clarification on how much the Region of Durham’s subsidizes its social programs. Councillor Brenner, as a Member of the Regional Health and Social Services Committee, stated that he had information that he would provide to all Members of Council on this matter. Resolution #355/23 Moved by Councillor Butt Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 5 Seconded by Councillor Brenner 1. That Corr. 37-23, from the Association of Municipalities of Ontario (AMO), dated October 18, 2023, regarding Policy Update - Social and Economic Prosperity Review, be received and endorsed; and, 2. That a copy of this resolution be forwarded to the Honourable Premier Doug Ford, the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, and The Honourable Peter Bethlenfalvy, Member of Provincial Parliament, Pickering-Uxbridge. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 10. Report EC 09-23 of the Executive Committee held on December 4, 2023 10.2 Director, City Development & CBO, Report BLD 01-23 Building By-law Amendments under the Building Code Act Council Decision: 1. That BLD 01-23 regarding Building By-law Amendments under the Building Code be received for information; 2. That the City’s Building By-law 7362/14, as amended, which provides for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering, be repealed, and that the new City Building By-law, as set out in Attachment #1 to Report BLD 01-23, be approved, finalized, and forwarded to Council for enactment; and, 3. That City officials be authorized to undertake the necessary actions to give effect to Council’s decision. 10.4 (Acting) Director, Community Services, Report CS 33-23 City Property Naming Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 6 Doubles Squash Courts Council Decision: 1. That Council approve to name the doubles squash courts at the Chestnut Hill Developments Recreation Complex, the Ian Parsons Doubles Squash Courts; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.5 (Acting) Director, Community Services, Report CS 34-23 Civic Awards Policy - Repeal of By-law Council Decision: 1. That Report CS 34-23 regarding the Civic Awards Policy be received; 2. That Council approve CUL 150, Civic Awards Policy, as set out in Attachment #1 to this Report; 3. That the By-law included in Attachment #4 to this Report be enacted to repeal By-law #1448/82, a By-law establishing the Civic Recognition Committee; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.6 (Acting) Director, Community Services, Report CS 35-23 Animal Poisoning Prevention − Pest Management Policy − Rodenticides Education Campaign Council Decision: 1. That Report CS 35-23 regarding Animal Poisoning Prevention be received; 2. That Council approve CUL 160 Pest Management Policy, as set out in Attachment 1 to this report; Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 7 3. That Council approve the Rodenticides Educational Campaign as set out in Attachment 2 to this report; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.8 Director, Engineering Services, Report ENG 14-23 Proposed Community Safety Zone Extension Rosebank Road – Toynevale Road to Maitland Drive Council Decision: 1. That the attached draft by-law be enacted to amend Schedule “14” to By- law 6604/05 to provide for the regulation of Community Safety Zones on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering to extend the south limit of the Community Safety Zone on Rosebank Road from Dahlia Crescent/Cowan Circle to Maitland Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.9 Director, Engineering Services, ENG 15-23 Detail Design for Sixth Concession Road Reconstruction and Bridge Rehabilitation Project − Request for Proposal No. RFP2023-17 Council Decision: 1. That Request for Proposal No. RFP2023-17, submitted by The Greer Galloway Group Inc., for the Detail Design of Sixth Concession Road Reconstruction and Bridge Rehabilitation in the amount of $371,147.37 (HST included), be accepted; 2. That the total gross project cost of $415,685.00 (HST included), including the fee amount, and other associated costs, and the total net project cost of $374,337.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $374,337.00 as follows: Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 8 a) the sum of $225,000.00 to be funded by a transfer from the Roads & Bridges Reserve Fund as approved in the 2017 and 2018 Capital Budgets; b) the additional sum of $149,337.00 to be funded by a transfer from the Rate Stabilization Reserve to cover the remaining over expenditure; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.11 Director, Finance & Treasurer, Report FIN 19-23 2022 Building Permit Stabilization Reserve Fund Council Decision: It is recommended that Report FIN 19-23 from the Director, Finance & Treasurer regarding the 2022 Building Permit Stabilization Reserve Fund be received for information. 10.12 Director, Finance & Treasurer, Report FIN 20-23 2024 Interim Levy and Interim Tax Instalment Due Dates Council Decision: 1. That an interim property tax levy be adopted for all realty property classes for 2024; 2. That the interim property tax levy instalment due dates be February 26 and April 26, 2024; 3. That the attached draft By-law, providing for the imposition of the taxes, be enacted; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.13 Director, Finance & Treasurer, Report FIN 21-23 2024 Interim Spending Authority Council Decision: Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 9 1. That the 2024 Interim Operating Expenditures be approved at 50 percent of the prior year’s budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2024 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. 10.14 Director, Finance & Treasurer, Report FIN 22-23 2024 Temporary Borrowing By-law Council Decision: 1. That the temporary borrowing limit of $66 million be established to meet 2024 current expenditures pending receipt of taxes and other revenues for the period of January 1 to September 30, 2024 inclusive, and $33 million thereafter until December 31, 2024; 2. That the temporary borrowing limit for capital purposes for 2024 be established at $73 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. 10.15 Director, Operations, Report OPS 34-23 Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay − Results of 2023 Pilot Project Council Decision: That Report OPS 34-23 regarding Mechanical Harvesting of Eurasian Watermilfoil Weeds in Frenchman’s Bay be received for information. 10.16 Director, City Development & CBO, Report PLN 38-23 Streamlining the Development Application Review Process − RFP 2023-4 Council Decision: Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 10 1. That proposal for Request for Proposal No. RFP 2023-4 submitted by Dillon Consulting Limited, for the Streamlining the Development Application Review Process, in the amount of $214,669.00 (excluding HST), be accepted; 2. That the net project cost of $218,447.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $218,447.00 for these consulting services in the amount from the Approved 2023 Current Budget 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. 10.17 Director, City Development & CBO, Report PLN 42-23 Heritage Property Tax Relief Program By-law Council Decision: 1. That the Heritage Property Tax Relief Program and By-law be approved, as set out in Appendix I to Report PLN 42-23, and be enacted by Council; 2. That Council delegates the Director, City Development & CBO to execute the Heritage Easement Agreement for Eligible Properties as described in the Heritage Property Tax Relief Program By-law; 3. That the City Clerk give notice of this by-law to the Ministry of Finance and the Region of Durham within 30 days of the passing of the by-law; and, 4. That the appropriate City of Pickering officials be authorized to take actions as necessary to implement the recommendations of this report. Resolution #356/23 Moved by Councillor Pickles Seconded by Councillor Butt That Report EC 09-23 of the Executive Committee Meeting held on December 4, 2023 be adopted, save and except Items 10.1, LEG 06-23, 10.3, CS 32-23, 10.7, CS 36-23, and 10.10, ENG 16-23. Carried Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 11 10.1 Director, Corporate Services & City Solicitor, Report LEG 06-23 The Corporation of the City of Pickering – Corporate Strategic Plan A brief discussion ensued regarding a request for an amendment to the Corporate Strategic Plan at the December 4, 2023 Executive Committee Meeting to recognize that Indigenous people have unique status and rights, and the City’s commitment in furthering its efforts of Indigenous engagement and Truth & Reconciliation. Resolution #357/23 Moved by Councillor Cook Seconded by Councilor Nagy 1. That Council endorse 2024-2028 Corporate Strategic Plan, as set out in Attachment 1 to LEG 01-23, save and except that the following be added to the end of the Equity, Diversity & Inclusion (EDI) Commitment on pg 5 of the Strategic Plan: The City also recognizes that Indigenous people have unique status and rights, and the City is committed to furthering its efforts of Indigenous engagement and Truth & Reconciliation; 2. That staff be directed to develop an operational plan to establish how the Corporate Strategic Plan will guide the City’s operations on an ongoing basis; 3. That the work plans for each Department shall be consistent with the operational plan, and incorporate the actions set out in the Corporate Strategic Plan, with those actions being reflected in the annual current and capital budgets of the City on an ongoing basis; 4. That staff be directed to report annually to Council on the progress of the Corporate Strategic Plan; and, 5. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the Recommendations in this Report. Carried 10.3 (Acting) Director, Community Services, Report CS 32-23 Interim Program Space in Seaton Update Seaton Commercial Plaza (Taunton Road and Peter Matthews) Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 12 A brief discussion ensued between Members of Council and staff regarding: the anticipated timing on the construction and opening of the Seaton commercial plaza. Resolution #358/23 Moved by Councillor Pickles Seconded by Council Butt 1. That Report CS 32-23, regarding Interim Program Space in Seaton Update, be received; 2. That staff be directed to continue discussions with the ownership group of the Seaton Commercial Plaza at Taunton Road and Peter Matthews Drive to negotiate lease terms for commercial space, and report back to Council in Q2, 2024; and 3. That the appropriate City officials be authorized to take the necessary actions as outlined in this report. Carried 10.7 (Acting) Director, Community Services, Report CS 36-23 Highway Traffic Act Amendments − Community Safety and Well-Being Committee Detailed discussion ensued between Members of Council and staff regarding: • clarification of possible traffic safety and privacy issues as a result of the installation of additional Automated Speed Enforcement cameras; • clarification regarding the Community Safety and Well-Being Committee’s recommendation contained in the Report; • whether staff had investigated other traffic calming measures other than Automated Speed Enforcement; • whether staff had collected data using Automated Speed Enforcement and if it was a deterrent to speeding; • clarification that Automated Speed Enforcement was introduced to address situations where Durham Regional Police Services were not able to have officers on site; • whether traffic safety had improved since the introduction of Automated Speed Enforcement; • clarification about the criteria and placement of Automated Speed Enforcement cameras; Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 13 • clarification that Automated Speed Enforcement cameras must be placed in community safety zones and school zones, and that the establishment of community safety zones due to traffic or safety needs could be approved at the discretion of Council; • clarification regarding the experience of the Community Safety and Well-Being Committee membership; and, • clarification if the Road Watch Committee had been engaged in the drafting of the Report. Resolution #359/23 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report CS 36-23, regarding Highway Traffic Act Amendments, Community Safety and Well-Being be received; 2. That further to the recommendation of the Community Safety and Well-Being Committee, that Council be requested to send a letter to the Ontario Minister of Transportation and the Ontario Minister of Municipal Affairs and Housing requesting an amendment to the Highway Traffic Act s.205.1, to allow municipalities to locate a temporary Automated Speed Enforcement system on any roadway under the jurisdiction of the municipality, as determined by the municipality, and not restricted to only community safety zone and school safety zones; and, 3. That the letter be copied to the local area Minister of Provincial Parliament, the Association of Municipalities in Ontario, and all Durham Region area municipalities. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councill Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 10.10 Director, Engineering Services, Report ENG 16-23 Dedicated Outdoor Pickleball Court Options Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 14 Marisa Carpino advised that staff had prepared a brief presentation outlining plans for the current and forecasted outdoor and indoor pickleball courts in Pickering. Richard Holborn, Director, Engineering Services, through the aid of a PowerPoint presentation, provided details and a location map of the existing and proposed outdoor pickleball courts as a supplement to Report ENG 16-23. Kevin Hayes, Manager, Facilities Maintenance provided an overview of the current and future pickleball programming at City facilities including the Pickering Soccer Centre. Mr. Hayes also provided details on indoor pickleball space at City facilities planned for 2024-2028, including warehouse space. Marisa Carpino, Chief Administrative Officer, provided an update on the flooring surface at the Pickering Soccer Centre, the types of surfaces required for pickleball, and options for flooring. A discussion ensued between Members of Council and staff regarding: • clarification on the number of hours of indoor play, the number of indoor and outdoor courts, and the status of the proposed warehouse space for pickleball; • whether the Pickering Pickleball Club would be engaged prior to making any changes to the proposed space to ensure the changes meet the Club’s needs; • if utilizing space at the Pickering Soccer Centre would resolve the issue of the number of pickleball courts needed; • a proposed amendment to the report to continue discussions with Hydro One regarding the possibility of dedicated pickleball facilities in Diana Princess of Wales Park; • whether the six proposed pickleball courts at the Pickering Soccer Centre were conditional on new flooring; • whether the proposed warehouse space had suitable flooring, lighting, ventilation, and zoning; • clarification on the cost and options for flooring in the warehouse space; • clarification that other locations for pickleball space were still being explored by staff; and, • whether staff could reconsider Alex Robertson Park as a possible outdoor pickleball location. Resolution #360/23 Moved by Councillor Pickles Seconded by Councillor Butt Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 15 1. That Report ENG 16-23 regarding dedicated outdoor pickleball court options in South Pickering be received; 2. That staff be directed to continue discussions with the Toronto and Region Conservation Authority with respect to possible arrangements for a dedicated pickleball facility in the Petticoat Creek Conservation Park; 3. That staff be directed to continue the investigation of a potential site for a dedicated outdoor pickleball facility within South Pickering through the Recreation and Parks Master Plan update, and to continue dialogue with the 1st Pickering Pickleball Club regarding site selection and facility design; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried later in the Meeting (See Following Motion) Resolution #361/23 Moved by Councillor Brenner Seconded by Councillor Robinson That the main motion be amended by adding the following as a new Item #3 and that the recommendation be renumbered accordingly: That staff be directed to continue negotiations with Hydro One with respect to the possibility of dedicated pickleball facility in Diana Princess of Wales Park, and that staff report back on their findings to Council no later than Quarter 2 of 2024. Carried The Main Motion, as Amended, was then Carried 11. Report PD 09-23 of the Planning & Development Committee held on December 4, 2023 11.1 Director, City Development & CBO, Report PLN 40-23 Delegation of Land Division Responsibilities from the Region of Durham to the City of Pickering Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 16 A brief discussion ensued regarding concerns about transparency and trust in the decision-making process. Resolution #362/23 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That the Draft By-law to constitute the Committee of Adjustment under the Planning Act, and to authorize the Committee to grant approval of both minor variance and consent for land severance applications, within the City of Pickering, effective January 1, 2024, as set out in Appendix I to Report PLN 40-23, be finalized and forwarded to Council for enactment; 2. That the Draft By-law to authorize the Director, City Development & CBO, or a designate, to grant approval of technical consent applications (including easements, lot line adjustments, title validations, and leases or mortgages greater than 21 years), within the City of Pickering, effective January 1, 2024, as set out in Appendix II to Report PLN 40-23, be finalized and forwarded to Council for enactment; 3. That the revised Terms of Reference, pertaining to the expanded role of the Committee of Adjustment to consider consent for land severance applications, as set out in Appendix III to Report PLN 40-23, be approved; 4. That Council direct staff to initiate an amendment to the Pickering Official Plan, to amend the policies to expand the role of the Committee of Adjustment to include consent for land severance applications; to recognize the delegation of authority to the Director, City Development & CBO, or a designate, to grant approval of technical consent applications; and to set out the requirement for mandatory pre-consultation prior to the submission of a consent application; and, 5. That the appropriate City of Pickering officials be authorized to take such actions as are necessary to give effect to the recommendations of this report. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councill Cook No: Councillor Robinson No: Councillor Robinson Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 17 Councillor Nagy Councillor Pickles Mayor Ashe 11.2 Director, City Development & CBO, Report PLN 41-23 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation Resolution #363/23 Moved by Councillor Pickles Seconded by Councillor Cook 1. That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated September 27, 2023, to designate 1294 Kingston Road (Liverpool House), 450 Finch Avenue (Dixon House), and 4993 Brock Road, under Section 29, Part IV of the Ontario Heritage Act; 2. That Council support the completion of Cultural Heritage Evaluation Reports for 1027-1031 Dunbarton Road, and 4953 Brock Road to determine their Cultural Heritage Value or Interest, and whether the properties are candidates for designation under Part IV of the Ontario Heritage Act; 3. That appropriate City of Pickering officials further investigate the merits of designating 401 Kingston Road and 1 Evelyn Avenue under Section 29, Part IV of the Ontario Heritage Act, and report back to Council by no later than the first quarter of 2024; and, 4. That appropriate City of Pickering officials be directed to take necessary actions to designate 1294 Kingston Road, 450 Finch Avenue, and 4993 Brock Road under Section 29, Part IV of the Ontario Heritage Act, and include the properties on the City of Pickering Municipal Heritage Register. Carried Resolution #364/23 Moved by Councillor Robinson Seconded by Councillor Brenner That Council take a brief recess. Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 18 Carried Council recessed at 8:52 p.m. and reconvened at 9:05 pm 12. Reports – New and Unfinished Business 12.1 Chief Administrative Officer, Report CAO 11-23 Opportunity for Petticoat Creek Conservation Park Marisa Carpino, Chief Administrative Officer, provided an overview of Report CAO 11-23 regarding the potential acquisition of Petticoat Creek Park, and introduced Shawn Oakley, Real Estate Advisory, KPMG LLP. Mr. Oakley appeared before Council and through the aid of a PowerPoint presentation, provided an overview of the opportunity for the acquisition of Petticoat Creek Park. Mr. Oakley advised that this was a unique opportunity for Pickering. He shared the background and purpose of the opportunity, the year-round programming opportunities, including sports and recreational activities, and the existing and future options for infrastructure in the park. Mr. Oakley provided details on the collaboration with Toronto and Region Conservation Authority (TRCA), and a summary of the TRCA lands. He spoke to the safety improvements that would be required if the park became municipal space and provided details on the current condition of the infrastructure and facilities. Mr. Oakley spoke to TRCA’s challenges with the park space and compared various programming opportunities currently available at other conservation areas. He spoke to the framework of the Petticoat Creek Park Master Plan including key opportunities for programming and public use. Mr. Oakley concluded his presentation with a discussion on costs and timelines for design and construction. A questions and answer period ensued between Members of Council and staff regarding: • whether the asking price was known and whether the City would partner with TRCA; • clarification of the financial implications of owning the park; • whether specific sports including cricket could be accommodated in the park; • the positive relationship between the City and TRCA and the opportunity to seek federal and provincial funding; • the ability to provide a broad range of additional City programming such as camps; • whether staff would be investigating other water features besides a pool; • the details that would be included in the Master Plan; and, • how the Petticoat Creek Park would benefit the residents of Pickering. Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 19 Resolution #365/23 Moved by Councillor Brenner Seconded by Councillor Robinson That Report CAO 11-23 regarding Opportunity for Petticoat Creek Conservation Park be received for information. Carried Unanimously on a Recorded Vote 12.2 Chief Administrative Officer, Report CAO 12-23 Pickering Anti-Black Racism Taskforce Revised Terms of Reference Resolution #366/23 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council endorse the revised Terms of Reference for the Pickering Anti-Black Racism Taskforce, as set out in Attachment 1; 2. That the term of Pickering Anti-Black Racism Taskforce members appointed on March 27, 2023, by Resolution #147/23 be amended to end on November 14, 2026, in accordance with Section 6 of the updated Terms of Reference; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 12.3 Director, Finance & Treasurer, Report FIN 23-23 2024 User Fees Resolution #367/23 Moved by Councillor Pickles Seconded by Councillor Cook 1. That Council approve the attached General Municipal Fees and Charges By-law to amend By-laws 6191/03 and 7362/14, and that such fees be Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 20 incorporated into the User Fee Schedule I into the 2024 Current Budget save and except for the following changes: a) 2024 Proposed Fee for Minor Variance – Residential Major – Single Variance: • Delete “$2,250.00” and replace with “$2,520.00”; b) 2024 Proposed Fee for Zoning By-law Amendment – Pre-submission Review – Next 100 Units (101-200): • Delete “$105.00” and replace with “$170.00”; c) 2024 Proposed Fee for Official Plan Amendment - Pre-submission Review – Additional Fee if within Oak Ridges Moraine or Greenbelt: • Delete “$3,040.00” and replace with “$3,400.00”; and, d) 2024 Proposed Fee for Revisions to Draft Approved Plan – (redline revisions) – Application – Next 75 Units (26-100): • Delete “$800.00” and replace with “$500.00”; and, 2. That the appropriate City of Pickering officials be given the authority to take the necessary actions to give effect thereto. Carried 12.4 Director, Finance & Treasurer, Report FIN 24-23 Restructuring of Reserves and Reserve Funds A brief discussion ensued between Members of Council and staff regarding clarification on the different types of reserve funds and how they are used. Resolution #368/23 Moved by Councillor Butt Seconded by Councillor Nagy 1. That Report FIN 24-23 of the Director, Finance & Treasurer be received; 2. That the Director, Finance & Treasurer be authorized to: Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 21 a) Transfer the balance in the Community Facilities Reserve Fund as at December 31, 2023 to the Facilities Reserve and close the Community Facilities Reserve Fund; b) Transfer the balances in the following reserves as at December 31, 2023 to the Facilities Reserve and close the reserves: • Contingency – True Sports Reserve • Surcharge – Program Reserve • Surcharge – Dunbarton Pool Reserve • Surcharge – Don Beer Arena Reserve • Surcharge – Rec Complex Core Reserve • Surcharge – Rec Complex Pool Reserve • Surcharge – Rec Complex Arena Reserve • Accessibility Initiatives Reserve • Minor Buildings Replacement Reserve c) Transfer the balance in Contingency – Miscellaneous Reserve as at December 31, 2023 to the Rate Stabilization Reserve and close the Contingency – Miscellaneous Reserve; d) Transfer the balance in Accelerated Infrastructure Program Reserve as at December 31, 2023 to the Roads & Bridges Reserve Fund and close the Accelerated Infrastructure Program Reserve; e) Transfer the balance in the Capital Works Reserve Fund as at December 31, 2023 to the Parks Reserve and close the Capital Works Reserve Fund; and f) Close the Seaton FIA Reserve. 3. That the Replacement of Capital Equipment Reserve be renamed the Information Technology Reserve; 4. That the Major Equipment Replacement Reserve be renamed the Equipment Replacement Reserve; 5. That the Federal Gas Tax Reserve Fund be renamed the Canada Community Building Reserve Fund and the draft By-law, included as Attachment 1 to Report FIN 24-23, to rename the reserve fund and repeal the Federal Gas Tax Reserve Fund By-law Number 6609/05, be approved, and enacted to reflect this name change; Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 22 6. That the draft By-law, included as Attachment 2 to Report FIN 24-23, to repeal the Community Facilities Development Reserve Fund By-law Number 357/76 be approved and enacted; 7. That the draft By-law, included as Attachment 3 to Report FIN 24-23, to repeal the Capital Works Reserve Fund By-law Number C9/1980, be approved and enacted; and, 8. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Carried 12.5 Director, Finance & Treasurer, Report FIN 25-23 St. Paul’s On-The-Hill Grant Request A brief discussion ensued between Members of Council and staff regarding the importance of these funds for St. Paul’s On-The Hill food bank and whether there would be future opportunities for more grant funding through the Mayor’s 2024 Budget. Resolution #369/23 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Report FIN 25-23 of the Director, Finance & Treasurer be received; 2. That Council approve a grant in the amount of $8,763.52 to St. Paul’s On- The-Hill and this expense be funded from account 503040.11100; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried Unanimously on a Recorded Vote 12.6 Director, Corporate Services & City Solicitor, Report LEG 07-23 Expropriation of Easement at Tribute (Liverpool) Inc. Site − Walnut Lane Extension − Part Lot 23, Concession 1, Northwest corner of Liverpool Road and Highway 401 Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 23 A question and answer period ensued between Members of Council and staff regarding: • clarification on Staff’s recommendation; • whether the City needed to initiate the expropriation process if an agreement was reached between the parties; • clarification on the expropriation process and that any binding agreement would be presented to Council for approval; • clarification on the risks of not approving the staff recommendation; and, • clarification on the expropriation timelines. Resolution #370/23 Moved by Councillor Cook Seconded by Councillor Nagy 1. That authority be granted to City of Pickering staff to initiate expropriation proceedings for the acquisition of an easement interest held by Wildav International Developments Limited over lands owned by Tribute (Liverpool) Inc. for the purposes of building an extension of Walnut Lane, as depicted in Attachment 1; 2. That authority be granted to City of Pickering staff to serve and publish Notices of Application for Approval to Expropriate the said easement interest as described in Recommendation 1 of this Report, and to forward to the Ontario Land Tribunal any requests for hearing received, to attend the hearings to present the City of Pickering’s position, and to present the Ontario Land Tribunal’s recommendations to City Council for consideration; 3. That authority be granted to the City Clerk and the Mayor to execute any notices and forms as may be statutorily mandated by the Expropriations Act, R.S.O. 1990, c. E.26 to give effect to Recommendation 2 in this Report, including the Notices of Application of Approval to Expropriate; and, 4. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Carried on a Recorded Vote as Follows: Yes: Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles No: Councillor Robinson Councillor Brenner Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 24 Mayor Ashe 13. Motions and Notice of Motions 14. By-laws 14.1 By-law 8057/23 Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering. 14.2 By-law 8058/23 Being a by-law to repeal By-Law 1448/82, a by-law to establish a Civic Recognition Committee. 14.3 By-law 8059/23 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. 14.4 By-law 8060/23 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2024. 14.5 By-law 8061/23 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 2024. 14.6 By-law 8062/23 Being a by-law to provide property tax relief to eligible heritage property in the City of Pickering. 14.7 By-law 8063/23 Being a by-law to constitute a Committee of Adjustment under the Planning Act, R.S.O. 1990 c. P13. Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 25 14.8 By-law 8064/23 Being a by-law to delegate to the Director, City Development & CBO authority of the Council of The Corporation of the City of Pickering, under the Planning Act, R.S.O. 1990 c. P13. 14.9 By-law 8065/23 Being a by-law to amend By-law No. 6191/03 and 7362/14 to confirm General Municipal Fees. 14.10 By-law 8066/23 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Canada Community Building Reserve Fund. 14.11 By-law 8067/23 Being a by-law to repeal By-law 357/76 being a By-law to establish a Reserve Fund (known as the Reserve Fund for Community Facilities Development). 14.12 By-law 8068/23 Being a by-law to repeal By-law C9/1980 being a By-law to amend the Town of Pickering Municipal Code to establish a reserve fund for the Financing of a Capital Works Program. 14.13 By-law 8069/23 Being a by-law to appoint Melissa Levesque as a Municipal Law Enforcement Officer for the purpose of enforcing the by-laws of The Corporation of the City of Pickering. Resolution #371/23 Moved by Councillor Brenner Seconded by Councillor Nagy That By-law Numbers 8057/23 through 8069/23 be approved, with By-law 8065/23 being approved as amended. Carried Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 26 15. Confidential Council – Public Report Mayor Ashe stated that prior to the Regular Council Meeting, an In-camera session was held at 4:30 p.m. in accordance with the Municipal Act and the Procedure By-law to consider a proposed or pending acquisition or disposition of land by the municipality or local board, receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. These matters were discussed in closed session as they pertained to Legal advice from the City Solicitor, the City’s offer and attempted purchase of Frenchman’s Bay, and an opportunity pertaining to Petticoat Creek Conservation Park. There was no direction given to staff for Items 3.1 or 3.2 of the In-camera Session Agenda. Direction was provided for Item 3.3. Carried 15.1 Confidential Verbal Update from the Director, Corporate Services & City Solicitor and Mayor Ashe Re: City of Pickering’s Offer pertaining to the Attempted Purchase of Frenchman’s Bay Having previously declared a conflict of interest, Councillor Pickles did not vote on the following item. Resolution #372/23 Moved by Councillor Cook Seconded by Councillor Nagy That the confidential direction provided to during the in-camera portion of the Meeting be approved. Carried 16. Regional Councillor Updates 16.1 Councillor Cook provided an update on budget items from the Region of Durham’s Special Works Committee Meeting. 17. Other Business 17.1 Councillor Brenner gave Notice that he would be bringing forward a Motion regarding a commemorative bench recognition. 17.2 Councillor Butt gave Notice that he would be bringing forward a Motion on tree cutting fees and a Motion pertaining to Parking By-laws. Draft Council Meeting Minutes December 11, 2023 Hybrid Electronic Meeting Council Chambers 7:00 pm 27 18. Confirmatory By-law By-law Number 8070/23 Councillor Cook, seconded by Councillor Nagy moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of December 11, 2023. Carried 19. Adjournment Moved by Councillor Butt Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 10:21 pm. Dated this 11th day of December 2023. Kevin Ashe, Mayor Susan Cassel, City Clerk