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HomeMy WebLinkAboutApril 2, 2024 - Special Council Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca A Special Council Meeting is being held in accordance with Section 07.15 of the Procedure By-law, and includes only the remaining items of outstanding business that were not considered before the mandatory adjournment of the March 25, 2024 Council Meeting. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1. Call to Order/Roll Call 2. Disclosure of Interest 3. New and Unfinished Business 3.1 Fire Chief, Report FIR 02-24 1 Extension of NextGen Communications Interoperability and Radio System User Agreement to Additional Users (Elexicon Energy) Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Adhesion Agreement adding Elexicon Energy Inc. as a party to the NextGen Communications Interoperability and Radio System Use Agreement, as set out in Attachment 1 of Report FIR 02-24, subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; 2. That the Fire Chief be authorized to execute this agreement and future agreements adding new parties to the NextGen Communications Interoperability and Radio System Use Agreement on terms satisfactory to the Fire Chief 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. 4. Motions and Notice of Motions Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 4.1 Commemorative Bench Recognition – Paul White Moved by Councillor Brenner Seconded by Councillor Nagy WHEREAS, Mr. Paul White is one of the longest serving Presidents of a community association in Pickering; And Whereas, under Mr. White’s leadership, the Fairport Beach Neighbourhood Association has and continues to provide a range of community support for the betterment of Pickering; such as helping families in need, donations to the foodbank, providing aid to the animal shelter and negotiating the sale of Association property to the Toronto and Region Conservation Authority (TRCA), which subsequently enabled the seamless construction of Pickering Waterfront from Petticoat Creek to Westshore; And Whereas, the City’s Commemorative Programs are applicable to anyone (alive or deceased); 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 staff undertake an evaluation of installing a commemorativebench or otherwise recognizing Paul White; and, 2.That staff report back to Council with their recommendationsno later than Q2 of 2024. 4.2 Recognition of Ernie Arthur Coombs Moved by Councillor Brenner Seconded by Councillor Cook WHEREAS, Mr. Ernie Arthur Coombs, commonly known by his stage name of Mr. Dressup, was an American-Canadian children’s entertainer and long-standing Pickering resident; Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, Mr. Coombs starred in Mr. Dressup which was one of English Canada’s most treasured and longest running children’s programs; And Whereas, Mr. Coombs is regarded as a Canadian children’s media icon who has been acknowledged for a number of prestigious awards and tributes including but not limited to, a star on Canada’s Walk of Fame, an Honorary Doctorate of Laws from Trent University, appointment as a Member of the Order of Canada, a Lifetime Achievement Award from the Children’s Broadcast Institute, a commemorative Google doodle on their home page for his 85th birthday, and an Amazon Prime Video documentary that premiered at the 2023 Toronto International Film Festival which won the People’s Choice Award for Documentaries; 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 Section 06 of CUL 130, Public Art Policy, that staff be directed to undertake a commission of Public Artwork at a location to be confirmed to celebrate the life of Ernie Coombs; 2. That, as per Section 8.01 of CUL 130, Public Art Policy, the artwork be commissioned through the Issuance of an Open Call; 3. That consultation with Mr. Coombs’ family, and community consultation be undertaken for the three top-ranked Public Art Jury selections prior to finalizing the artist selection; and, 4. That staff report back to Council no later than Q4 of 2024. 4.3 Casino Revenue Sharing and MOU with Durham Region Moved by Councillor Robinson Seconded by Councillor Brenner WHEREAS the City of Pickering has entered into a Municipal Contribution Agreement with the Ontario Lottery and Gaming Commission in order for the City to receive a share of revenue generated from the Pickering Casino; Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, the City of Pickering has committed to sharing a portion of the revenue from the Municipal Contribution Agreement with the Region by way of a Memorandum of Understanding (MOU) dated April 5, 2023; And Whereas, the term of this agreement is set to expire on December 31, 2026; And Whereas, it is acknowledged that the Council of 2022-2026 cannot compel a future council to terminate said agreement; And Whereas, the Region has recently implemented reductions in transit service and increased costs associated with bulk waste removal and water supply for City use; And Whereas, it is the desire of this Council to request the incoming Council for the 2026-2030 Term to reconsider the sharing of the City’s portion of future casino revenues with the Region in light of these changes and due to a reduction in development charges being collected by the City of Pickering putting a financial strain on the corporation; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests that the incoming Council for the 2026-2030 Term: 1. Review and consider the terms of the sharing of casino revenue with the Region of Durham with a view to considering whether or not it is appropriate to continue any revenue sharing after the expiry of the existing MOU; 2. In the event the incoming Council considers continuing any revenue sharing with the Region, engage in discussions with the Region regarding Pickering’s priorities and the use of any shared revenues within Pickering; and, 3. Explore alternative options for the allocation of future casino funds, including the possibility of retaining all revenue generated from the Pickering Casino. 4.4 Request to Ontario Human Rights Commission Moved by Councillor Brenner Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Seconded by Councillor Nagy WHEREAS, it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province; And Whereas, these principles have been confirmed in Ontario by a number of enactments of the Legislature, and the Ontario Human Rights Commission (OHRC) works to identify the root causes of discrimination, and to bring about broad, systemic change to remove them; And Whereas, the OHRC develops policies and provides public education, monitors human rights, and undertakes research and analysis; And Whereas, The OHRC conducts human rights public interest inquiries; And Whereas, the Human Rights Code, R.S.O, 1990, c. H. 19, (the “Code”), says the OHRC can conduct an inquiry to: • look into incidents of, or conditions of, tension or conflict in a community, institution or sector of the economy and make recommendations, and encourage and co-ordinate plans, programs and activities, to reduce or prevent such incidents or sources of tension or conflict; • look into programs, policy and practices made under statute for consistency with the Code and make recommendations; And Whereas, the International Day for the Elimination of Racial Discrimination is observed annually on March 21st to recognize the killing of 69 peaceful protestors by police in Sharpeville, South Africa, at a demonstration against apartheid laws in 1960; And Whereas, the International Transgender Day of Visibility is observed annually on March 31st to raise awareness about the trans community, building upon the activism of trans advocate Rachel Crandal in response to the violence of media representations and dedicated to raising Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca awareness of the discrimination faced by transgender people worldwide, as well as celebrating their contributions to society; And Whereas, in spite of best efforts to increase awareness, the increasing trend in the number of hate crimes is troubling, and the amount of hate speech is rising around the world and is linked to a global increase of violence and mass shootings; And Whereas, it must be acknowledged and faced, that there are many individuals, communities and societies still suffering from injustice and stigma of systemic and structural racism, homophobia, and transphobic behaviours; And Whereas, written/penned comments by a member of the Council of the City of Pickering (Councillor Lisa Robinson) reported in local/national media and across various social media platforms, widely deemed to be racist, homophobic, transphobic, and threatening, has negatively impacted Black communities and other protected identifiable groups within the City of Pickering, extending across Durham Region and the Greater Toronto Area; And Whereas, despite formal statements released by Mayor Kevin Ashe, on behalf of the Council and the City of Pickering, apologizing for the harm caused by Councillor Robinson, and calling on the Councillor to apologize and take corrective measures, it has done little to ease the tensions and conflict that have been created; And Whereas, the continued conduct of the Councillor, with no remorse, and their unwillingness to take corrective measures, has prompted organizations and individuals through delegation and/or written submissions to demand that the Council of the City of Pickering take immediate steps to deal with the harm that has been caused, including the removal of the Councillor from Public Office; And Whereas, eligibility to hold Public Office, and mechanisms for dealing with the conduct of a member of Council is established through Provincial Public Policy; Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, Subsection 223.2(1) of the Municipal Act, 2001, S.O 2001, c.25, (the “Act”) requires every municipality to establish codes of conduct to apply to members of council and local boards; And Whereas, while the Act enables the imposition of penalties, including the suspension of a member’s remuneration for a period up to 90 days, there are no provisions for the removal of a member where there is no remorse and the conduct is in contravention of Law and specifically the Ontario Human Rights Code; And Whereas, those elected to Municipal Office have a duty to uphold the Law including refraining from engaging in conduct where the conduct is hurtful and contributes and/or promotes prejudice, discrimination and/or hatred towards any identifiable group; And Whereas, the events that have taken place in Pickering could occur in other municipalities, and any remedial actions resulting from the Councillor’s behavior will likely have impacts beyond Pickering and the Region of Durham and may be viewed as powerful deterrents; And Whereas, in addition to holding Public Interest Inquiries, the OHRC can make submissions to various levels of government (provincial, federal and municipal) on laws and regulations that are being considered as well as policy and practice amendments; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering requests the assistance of the Ontario Human Rights Commission to: 1. Hold a Public Interest Inquiry in the City of Pickering, to provide an opportunity for the Commission to hear from individuals and/or organizations on the need to enshrine in the Municipal Act, tools that can address the conduct of an elected Official who engages in behaviour that promotes racism, prejudice, bias and/or discrimination against any identifiable group, including their removal from public office; 2. Advise the City of Pickering on other tools, including mandatory training for all Members of Council and Staff on the Ontario Human Rights Code, including all forms of Racism, Discrimination and Special Council Meeting Agenda April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Prejudice, as well as ways to heal the impact that was caused in the community; 3. That a copy of the October 13, 2023, Pickering Integrity Commissioner’s report, be sent to the Chief Commissioner, Ontario Human Rights Commission; and, 4. A copy of this resolution be sent to the Chief Commissioner, Ontario Human Rights Commission, the Chair, Pickering Anti-Black Racism Task Force (PABRT); Director Diversity, Equity and Inclusion, Regional Municipality of Durham, the City of Pickering Integrity Commissioner; and all Durham Region MPPs. 5. Regional Councillor Updates 6. Other Business 7. Confirmatory By-law 8. Adjournment Report to Council Report Number: FIR 02-24 Date: April 2, 2024 From: Stephen Boyd Fire Chief Subject: Extension of NextGen Communications Interoperability and Radio System User Agreement to Additional Users (Elexicon Energy) -File: A-1440-001-24 Recommendation: 1.That the Mayor and City Clerk be authorized to execute the Adhesion Agreement adding Elexicon Energy Inc. as a party to the NextGen Communications Interoperability and Radio System Use Agreement, as set out in Attachment 1 of Report FIR 02-24, subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; 2.That the Fire Chief be authorized to execute this agreement and future agreements adding new parties to the NextGen Communications Interoperability and Radio System Use Agreement on terms satisfactory to the Fire Chief 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. Executive Summary: The purpose of this report is to seek Council approval for the addition of Elexicon Energy as a user group on the Durham NextGen Radio network. The radio network has been operational since 2014 and currently serves users from Durham Regional Police, Municipal Fire Services, Ontario Power Generation, and Durham College. The addition of Elexicon Energy will result in enhanced lines of communication with its regional and municipal stakeholders during power outages and other regional emergencies. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing and Building New Partnerships. Financial Implications: There are no financial impacts that result from adopting the recommendations in this report. Discussion: The purpose of this report is to seek Council approval for the addition of Elexicon Energy as a user group on the Durham NextGen Radio network. - 1 - FIR 02-24 April 2, 2024 Subject: Extension of NextGen Communications Interoperability Page 2 and Radio System User Agreement to Additional Users (Elexicon Energy) The NextGen Communications Interoperability and Radio System Use Agreement came into effect in 2014 to govern the use and cost sharing for the newly purchased P-25 digital radio network (NextGen). Initial Partners for the radio system included Durham Regional Police Services, 7 municipal fire services along with select municipal operations divisions. The system is owned and operated by The Region of Durham and costs are shared by municipalities and the region based on the number of radios they have operating on the system. Since its inception, additional partners have been added to the system (Ontario Power Generation 2018, and Durham College in 2019). Recently, Elexicon Energy expressed an interest in becoming a user of the system as their current radio system was reaching end of life. The addition of Elexicon as a user does not compromise the operation or efficiency of the radio network. Furthermore, it provides operational cost savings to all current users of the system, as well as enhanced communication channels with regional and municipal stakeholders during power outages and other municipal and regional emergencies. Attachments: 1.NextGen Adhesion Agreement – Elexicon Prepared/Approved/Endorsed By: Original Signed By Stephen Boyd Fire Chief SB:jm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 2 - Attachment 1 to Report FIR 02-24 COMMUNICATIONS INTEROPERABILITY AND RADIO SYSTEM USE ADHESION AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the undersigned parties hereby covenant and agree with all other parties to the Communications Interoperability and Radio System Use Agreement (hereinafter referred to as the "Interoperability Agreement"), as follows: 1.e The undersigned for each party signing below has full power and authority to bindethat party and to enter into this Agreement.e 2.e The undersigned, Elexicon Energy Inc. ("Elexicon"), hereby covenants and agreeseto comply with all applicable provisions of the Interoperability Agreement as fully as ifeElexicon had originally been named a party thereto, with the exception that Elexiconeshall not be responsible and shall have no liability whatsoever under the InteroperabilityeAgreement for events or circumstances arising prior to Elexicon becoming a party to theeInteroperability Agreement pursuant to this Adhesion Agreement.e 3.e The undersigned parties understand and agree that the Interoperability Agreementeshall be amended to reflect the fact that Elexicon has become a party to theeInteroperability Agreement and will be a non-voting member of the STEERINGeCOMMITTEE, and in particular the applicable Appendices attached to theeInteroperability Agreement will be deemed to be amended to reflect the addition ofeElexicon.e 4.e This Agreement shall enure to the benefit of all parties to this Agreement and beebinding upon the undersigned, its administrators, successors and assigns.e 5.e This Adhesion Agreement may be executed in one or more counterparts, andedelivery by PDF, e-mail or other equivalent electronic means, all of which, takenetogether, shall be one and the same instrument.e IN WITNESS WHEREOF, the undersigned parties have duly executed and delivered this Adhesion Agreement. This Adhesion Agreement becomes effective on the date of the last signature affixed below. ELEXICON ENERGY INC. Lincoln Frost-Hunt Vice President Digital and Innovation n ueDate Signed :__J_ae_e_a_rye2_4_th_,_2_0_2_4 __ Date Signed: ___________.:...._ Page 1 of 3 - 3 - February 22, 2024February 22, 2024 - 4 - - 5 -