Loading...
HomeMy WebLinkAboutApril 22, 2024Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 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.Moment of Reflection Mayor Ashe will call for a silent moment of reflection. 3.Indigenous Land Acknowledgment Statement Mayor Ashe will read the Indigenous Land Acknowledgment Statement. 4.Disclosure of Interest 5.Adoption of Minutes Special Council – Education & Training Minutes, March 25, 2024 1 (Confidential In Camera Special Council – Education & Training Minutes,March 25, 2024, provided under separate cover)Council Minutes, March 25, 2024 3 (Confidential In Camera Council Minutes, March 25, 2024, provided underseparate cover)Executive Committee Minutes, April 2, 2024 36 Special Council Meeting Minutes, April 2, 2024 46 Planning & Development Committee Minutes, April 2, 2024 55 6.Presentations 7.Delegations Members of the public looking to provide a verbal delegation to Members of Council maydo so either in person, or through a virtual connection into the meeting. For moreinformation, and to register as a delegate, visit www.pickering.ca/delegation, andcomplete the online delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 5 minutes shall beallotted for each delegation. 6:30 pm In Camera Council Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 8.Correspondence 8.1 Corr. 11-24 62 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 Annual Report - City of Pickering Opening Remarks provided by: Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering (Virtual) Recommendation: That Corr. 11-24, from Jeff Abrams, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering and Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering, dated April 2024, regarding the Integrity Commissioner’s Annual Report - City of Pickering, be received for information. 8.2 Corr. 12-24 69 Emily Game, Senior Planner, Heritage, City of Pickering Re: Heritage Pickering Advisory Committee -2023 Year End Report and 2024 Workplan Recommendation: That Corr. 12-24, from Emily Game, Senior Planner, Heritage, City of Pickering, dated April 22, 2024, regarding the Heritage Pickering Advisory Committee - 2023 Year End Report and 2024 Workplan, be received for information. 8.3 Corr. 13-24 73 Kristen Sullivan, City Clerk, City of St. Catharines Re: Urgent Need for Increased Funding for Museums and Libraries Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That Corr. 13-24 from Kristen Sullivan, City Clerk, City of St. Catharines dated April 3, 2024 regarding an Urgent Need for Increased Funding for Museums and Libraries be received and endorsed; and, 2. That a copy of this resolution be sent to the Honourable Doug Ford, Premier of Ontario, the Honourable Neil Lumsden, Minister of Tourism, Culture, and Sport, and all Durham MPPs. 8.4 Corr. 14-24 77 Hannah Evans, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing Re: Minister’s Zoning Order Ontario Regulation 607/20 in the City of Pickering Recommendation: That Corr. 14-24 from Hannah Evans, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing, dated April 10, 2024, regarding Minister’s Zoning Order Ontario Regulation 607/20 in the City of Pickering, be received for information. 9. Report EC 04-24 of the Executive Committee held on April 2, 2024 Refer to Executive Committee Agenda pages: 9.1 Director, Community Services, Report CS 07-24 1 Draft Recreation & Parks - Ten Year Plan & Draft Arena Strategy - Progress Update Recommendation: 1. That Council receive an update on the progress of the Draft Recreation & Parks Ten Year Plan for information; 2. That Council receive the Draft Arena Strategy for information; and, 3. That the appropriate City officials be authorized to take the necessary actions as outlined in this report. Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 9.2 Director, Corporate Services & City Solicitor, Report BYL 01-24 80 Traffic and Parking By-law Amendment - Boulevard Parking Regulation Recommendation: 1. That Council approve the attached By-law amending Traffic and Parking By-law 6604/05; 2. That Council direct staff to implement a public outreach campaign regarding the amendments to boulevard parking regulations contained in the attached By-law; and, 3. That appropriate officials of the City of Pickering be authorized to take such action as necessary to give effect to the Recommendations in this report. 9.3 Director, Corporate Services & City Solicitor, Report CLK 02-24 85 Ratepayer Association Policy Recommendation: 1. That Report CLK 02-24 pertaining to a Ratepayer Association Policy be received; 2. That Policy ADM 270, Ratepayer Association Policy, included as Attachment 1 to Report CLK 02-24, 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. 9.4 Director, Community Services, Report CS 04-24 108 Council Chambers Public Art Update - Commission of Public Art No Committee Recommendation - Council Direction Required Original Staff Recommendation (for reference purposes only): Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Report CS 04-24 regarding Council Chambers Public Art Update be received; 2. That staff report back to Council regarding the selection of public art in Council Chambers in Q2, 2025; and, 3. That the appropriate City officials be authorized to take the necessary actions as outlined in this report. 9.5 Director, Community Services, Report CS 05-24 111 Whites & Kingston Road, Pickering – Artist Selection - Commission of Public Art Recommendation: 1. That Council endorse that the commission of public art at Kingston Road and Whites Road in Pickering be awarded to Javid Jah; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $72,042.00 to be funded by a transfer from the Public Art Reserve as approved in the 2024 Current Budget; a) the sum of $20,000.00 to be funded from Development Charges and transferred to the Public Art Reserve; b) the sum of $60,000.00 to be funded by the Public Art Reserve; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Javid Jah Art & Design Inc. and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.6 Director, Community Services, Report CS 06-24 182 Greenwood Recreation Association Lease Agreement - Lease Agreement Renewal Recommendation: Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Greenwood Recreation Association set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 9.7 Director, Engineering Services, Report ENG 05-24 206 Asphalt Resurfacing on Various City Streets Tender No. T2024-2 Recommendation: 1. That Tender No. T2024-2 for Asphalt Resurfacing on Various City Streets as submitted by Viola Management Inc. in the total tendered amount of $3,081,682.61 (HST included) be accepted; 2. That the total gross project cost of $3,587,205.00 (HST included), including the tendered amount, geotechnical investigation reports and material testing services, a contingency and other associated costs, and the total net project cost of $3,230,389.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $3,230,389.00 as approved in the 2024 Roads Capital Budgets as follows: a) That the sum of $1,533,811.00 to be funded from the Roads & Bridges Reserve Fund as approved in the 2024 Capital Budget for Edmund Drive, Foxwood Trail, Bushmill Street and Pickering Parkway be revised to the OCIF Reserve Fund; b) That the sum of $1,696,578.00 to be funded from the CCBF Reserve Fund for the remaining streets as approved in the 2024 Capital Budget; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 9.8 Fire Chief, Report FIR 03-24 217 Oshawa-Pickering Fire Dispatch Service Agreement Recommendation: 1. That Council approve the attached Fire Communications Services Agreement to outsource fire call taking and dispatch services to the City of Oshawa; 2. That the Fire Chief be authorized to execute the Fire Communications Services Agreement substantially in the form attached hereto, subject to revisions satisfactory to the Fire Chief and the Director, Corporate Services & City Solicitor; 3. That the Chief Administrative Officer and the Fire Chief be authorized to take such actions as are necessary to terminate the existing Dispatch Agreement with the Town of Ajax by mutual agreement of the parties, such termination to be effective as of the beginning of the term of the new Fire Communications Services Agreement; and, 4. That appropriate officials of the City of Pickering be authorized to take such action as is necessary to give effect to the recommendations in this report. 10. Report PD 02-24 of the Planning & Development Committee held on April 2, 2024 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 08-24 20 Zoning By-law Amendment Application A 01/23 Pickering Valley Developments Limited 1525 Pickering Parkway Recommendation: That Zoning By-law Amendment Application A 01/23, submitted by Pickering Valley Developments Limited, to permit a 40-storey residential condominium building containing 571 residential units, located at the southeast corner of the intersection of Pickering Parkway and Valley Farm Road, be approved, and that the draft Zoning By-law Amendment, as set Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca out in Appendix I to Report PLN 08-24, be finalized and forwarded to Council for enactment. 10.2 Director, City Development & CBO, Report PLN 09-24 56 Request for Redline Revision of Draft Plan of Subdivision Application SP-2008-12 (R) Revised Zoning By-law Amendment Application A 07/23 Taccgate Developments Inc. Part of Lots 23 and 24, Concession 4 Seaton Community Recommendation: 1. That the Revision to Draft Plan of Subdivision SP-2008-12 (R), submitted by Taccgate Developments Inc., to permit a redline revision to a draft approved plan of subdivision on lands being Part of Lots 23 and 24, Concession 4, as shown on the Applicant’s Revised Draft Plan of Subdivision, Attachment 5 to Report PLN 09- 24, be endorsed; 2. That the proposed amendment to the conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2008-12 (R), as set out in Appendix I to Report PLN 09-24, be endorsed; 3. That the Ontario Land Tribunal (OLT) be advised of City Council’s decision on the request for a redline revision to Draft Plan of Subdivision SP-2008-12 (R), and that the City Solicitor be authorized to attend any OLT hearing on the required red-line revision; and, 4. That Zoning By-law Amendment Application A 07/23, submitted by Taccgate Developments Inc., to implement the redline revision to Draft Plan of Subdivision SP-2008-12 (R) be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 09-24, be finalized, and forwarded to Council for enactment. 11. New and Unfinished Business Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 11.1 Director, Economic Development & Strategic Projects, Report ECD 01-24 80 Licence Agreement – Open Studio Art Café - Seasonal Patio Program Use of City Owned Lands Recommendation: 1. That Council approve the Draft Licence Agreement for the temporary use of City Property, adjacent to 617 Liverpool Road, to operate a Seasonal Patio between the City of Pickering and Open Studio Art Café (OSAC), from May 1, 2024 until November 30, 2024; 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement between the City of Pickering and Open Studio Art Café, in the form as appended to this report, subject to revisions as may be acceptable to the Chief Administrative Officer, the Director, Corporate Services & City Solicitor and the Director, Economic Development & Strategic Projects; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.2 Director, Finance & Treasurer, Report FIN 07-24 94 2024 Tax Rates and Final Tax Due Dates Recommendation: 1. That Report FIN 07-24 regarding the 2024 Tax Rates and Final Tax Due Dates be received; 2. That the 2024 Tax Rates for the City of Pickering be approved as contained in Schedule “A” of the By-law attached hereto; 3. That the Tax Levy Due Dates for the Final Billing be June 26, 2024 and September 26, 2024; 4. That the attached By-law be approved; 5. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 11.3 Director, Finance & Treasurer, Report FIN 08-24 101 2024 Additional Community Grant Requests Recommendation: 1. That Council approve a grant to the Pickering Pentecostal Church, as an exception to the Community Grant Policy, in the amount of $3,000 to be funded from the General Government Grants - Programs Contingency account (503050.11100); 2. That Council approve a grant to the Pickering Caribbean Canadian Cultural Association (PCCCA) in the amount of $1,700 to be funded from the General Government Grants - Social Contingency account (503040.11100); 3. That section 02.07 of FIN 040 - Community Grant Policy be amended to increase the minor grant amount that can be awarded by the Chief Administrative Officer (CAO) and Director, Finance & Treasurer (Treasurer) from $250 to $2,000; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 12. Motions and Notice of Motions 12.1 Request for Traffic Signals at Brock Road and Palmer’s Sawmill Road Moved by Councillor Pickles Seconded by Councillor Butt WHEREAS the intersection of Brock Road and Palmer’s Sawmill Road is currently a very busy intersection that is experiencing increasing usage and traffic conflicts - vehicle accidents and near accidents; And Whereas there are particularly significant delays and difficulties making a safe left turn from Palmer’s Sawmill Road to northbound Brock Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Road and a left turn from northbound Brock Road to westbound Palmer’s Sawmill Road; And Whereas there are 193 units constructed, 334 units under construction to be occupied in the next year, and 589 units approved, but yet to be constructed near Palmer’s Sawmill Road that will result in further significant traffic volume increases at this intersection; And Whereas the Seaton Centre Plaza located at the southwest corner of the intersection is a significant commercial and retail centre that is very busy and has planned further development. This plaza also has significant truck traffic; And Whereas Brock Road is a heavy truck route and main arterial road connecting highways 407 and 401. It is also an essential road to the Township of Uxbridge and north Pickering; And Whereas this intersection is planned by the Region of Durham to have full traffic signals installed with the development of the properties on the east side of Brock Road, however this development is not currently underway resulting in unexpected delay in the signalization; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests: 1. That the Region of Durham undertake further review and warrant studies on signalizing the intersection as early as possible and if not fiscally included for 2024 budget then be included in the 2025 Region of Durham budget for consideration; 2. That the Brock Road median that ends well short of the Palmer’s Sawmill Road intersection be extended to the Palmer’s Sawmill Road intersection and be clearly marked that u-turns are not permitted; and, 3. That this resolution be sent to the Region of Durham and be copied to the Commissioner of Works, Chair of the Works Committee, and the Regional Chair. 12.2 Facility Naming - John E Anderson Moved by Councillor Pickles Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca Seconded by Councillor Brenner WHEREAS Mayor John E Anderson was first elected to Pickering Council as Local Councillor for Ward 1 in 1972; And Whereas Mayor John E Anderson was first appointed as Mayor of the Town of Pickering in 1977 and re-elected each term until he retired in 1988; And Whereas Mayor John E Anderson served on Pickering Council for 16 consecutive years; And Whereas Mayor John E Anderson led the town during explosive suburban growth and was instrumental in laying the foundation for the Town Centre as a commercial, institutional, recreational, and residential precinct. He saw the Pickering Recreation Complex from concept to completion and the Civic Complex was under construction at the time of his retirement; And Whereas Mayor John E Anderson has a forged legacy that is defined by vision and was known as a family man with a great sense of humor who worked hard. His influence and leadership saw Pickering evolve and grow as a suburban, residential community; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: That staff bring back to Council in Q3 2024, a report that recommends an option of a new or unnamed City Property to be officially named in honour of John E Anderson. 12.3 Facility Naming – Wayne Arthurs Moved by Councillor Pickles Seconded by Councillor Brenner WHEREAS Mayor Wayne Arthurs was first elected to Pickering Council as Local Councillor for Ward 3 in 1982; Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas Mayor Wayne Arthurs was elected as Mayor of the Town of Pickering in 1988; And Whereas Mayor Wayne Arthurs served on Pickering Council for 21 consecutive years, 15 of which as Mayor; And Whereas Wayne Arthurs was elected to the Ontario Legislature in 2003 and re-elected in 2007 as a Member of Provincial Parliament for Pickering-Ajax/Uxbridge and Pickering-Scarborough East, then retiring in 2011; And Whereas made residents/constituents central to the decision making process, through their direct involvement in civic affairs; And Whereas during his mayoralty, Mayor Wayne Arthurs had seen many key and transformational projects come to fruition including but not limited to improving the workings of City Hall and Customer Service, a new municipal civic complex, including City Hall, the Central Library and Esplanade Park, revolutionizing Pickering’s waterfront including the role of the Mayor’s Taskforce on the waterfront and significant community infrastructure projects including the Puterbaugh Schoolhouse and the Ajax/Pickering Hospital, which benefited from significant fundraising through the Mayor’s annual Golf Tournament fundraiser; And Whereas Mayor Wayne Arthurs forged an exciting and meaningful legacy that is defined by vision, growth in City services and amenities. His influence and leadership has seen Pickering evolve from a town to a city in 2000, the expansion of the new Seaton community and into an evolving community in which to live, work and play. His vision, hard work, and planning set the stage for Pickering’s emerging presence in Durham Region and the Greater Toronto Area. Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs: That staff bring back to Council in Q3 2024, a report that recommends an option of a new or unnamed City Property to be officially named in honour of Wayne Arthurs. 13. By-laws Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 13.1 By-law 8098/24 Being a by-law to amend By-law 6604/05, a by-law to regulate traffic and parking in the City of Pickering. [Refer to Item 4.2 Report BYL 01-24, page 80 of the Executive Committee Agenda] 13.2 By-law 8099/24 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 20, Concession 1, Now Part 1, 40R-12401, in the City of Pickering (A 01/23). [Refer to Item 5.1 Report PLN 08-24, page 20 of the Planning & Development Committee Agenda] 13.3 By-law 8100/24 Being a By-law to amend Seaton Zoning By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lots 23 and 24, Concession 4, City of Pickering (A 07/23). [Refer to Item 5.2 Report PLN 09-24, page 56 of the Planning & Development Committee Agenda] 13.4 By-law 8101/24 97 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2024 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for all realty tax classes. [Refer to Item 11.2 Report FIN 07-24] 13.5 By-law 8102/24 106 Being a by-law to exempt Block 1, Plan 40M-2755, Pickering, from the part lot control provisions of the Planning Act. 13.6 By-law 8103/24 110 Being a by-law to name Part of Lot 21, Concession 1 Pickering; designated as Parts 5, 10, 24, 32, 33 and 34, Plan 40R-31180 (Universal City Way). 14. Confidential Council – Public Report Council Meeting Agenda April 22, 2024 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Council & Committee Coordinator 905.420.4611 clerks@pickering.ca 15. Regional Councillor Updates 16. Other Business 17. Confirmatory By-law 18. Adjournment Special Council Meeting Minutes Education & Training March 25, 2024 Main Committee Room 5:30 pm Present: Mayor Kevin Ashe Councillors: M. BrennerS. ButtL. CookM. Nagy D. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer P. Bigioni -Director, Corporate Services & City Solicitor L. Gibbs -Director, Community Services S. Cassel -City Clerk M. Cain -Corporate Security Specialist C. Redmond -(Acting) Deputy Clerk 1.Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2.Disclosure of Interest No disclosures of interest were noted. 3.Education & Training Resolution #423/24 Moved by Councillor Robinson Seconded by Councillor Butt That Council move into closed session in accordance with the provisions of Sections 239(2) and (3.1) of the Municipal Act and the Procedure By-law for the purpose of educating and training Members of Council as it relates to Council Chamber Safety & Security Training, this meeting is closed to the public and no decisions shall be made or considered. Carried - 1 - Special Council Meeting Minutes Education & Training March 25, 2024 Main Committee Room 5:30 pm 3.1 Presentation from Michael Cain, Corporate Security Specialist Re: Council Chamber Safety & Security Training This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #424/24 Moved by Councillor Cook Seconded by Councillor Robinson That Council rise from the closed session. Carried Mayor Ashe stated that during the closed portion of the Meeting, Council received Council Chamber Safety & Security Training, and noted that no decisions were made or considered by Council. 4.Adjournment Moved by Councillor CookSeconded by Councillor Nagy That the meeting be adjourned. Carried The meeting adjourned at 6:27 pm Dated this 25th day of March, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 2 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. CookM. NagyD. 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 J. Eddy -Director, Human Resources L. Gibbs -Director, Community Services B. Duffield -Director, Operations J. Flowers -CEO & Director of Public Libraries, Pickering Public Library R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk M. Guinto -Division Head, Public Affairs & Corporate Communication N. Surti -Division Head, Development Review & Urban Design M. Cain -Corporate Security Specialist E. Game -Senior Planner, Heritage J. San Antonio -Sr. Advisor, Equity, Diversity & Inclusion C.Redmond -(Acting) Deputy Clerk 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 - 3 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Mayor Ashe read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. 5. Adoption of Minutes Resolution #427/24 Moved by Councillor Butt Seconded by Councillor Cook Special Council – Education & Training Minutes, February 26, 2024 Council Minutes, February 26, 2024 Executive Committee Minutes, March 4, 2024 Planning & Development Committee Minutes, March 4, 2024 Carried Resolution #428/24 Moved by Councillor Cook Seconded by Councillor Nagy That the order of the agenda be changed to hear Item 12.2, Report CLK 01-24, and Item 14.5, By-law 8092/24, as the next items of business. Carried on a Recorded Vote as follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 12. New and Unfinished Business 12.2 Director, Corporate Services & City Solicitor, Report CLK 01-24 Amendments to Procedure By-law 8019/23 - 4 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm A question and answer period ensued between Members of Council and staff regarding: • the purpose of the amendments, and the need for moving the motion forward on the agenda; • the number of troubling emails the City had received and the number of Council and Standing Committee attendees that voiced their concerns regarding safety in the Council Chambers as it pertains to filming and photography; • how removing Question Period aligned with the City’s Corporate Strategic Plan; and, • that since implementing a Question Period in June of 2023, it had never been utilized. Resolution #429/24 Moved by Councillor Cook Seconded by Councillor Nagy 1. That Report CLK 01-24 regarding amendments to Procedure By-law 8019/23 be received; 2. That the draft By-law, included as Attachment 1 to CLK 01-24, 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 Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 14. By-laws 14.5 By-law 8092/24 - 5 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Being a by-law to amend Procedure By-law 801923, being a by-law to govern the proceeds of Council, any of its Committees, the conduct of its Members, and the calling of Meetings. Resolution #430/24 Moved by Councillor Cook Seconded by Councillor Brenner That By-law 8092/24 be approved. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 6. Presentations There were no presentations. 7. Question Period There was no Question Period due to the adoption of Item 14.5, By-law 8092/24. 8. Delegations 8.1 Terry Rekar, Courtice Resident Re: the Opinion Editorial by Councillor Lisa Robinson Terry Rekar, Courtice Resident, appeared before Council to speak to the Opinion Editorial by Councillor Lisa Robinson. Ms. Rekar advised that she was the Provincial Leader for Action for Canada and supported Councillor Robinson. She spoke to the duty of the state of neutrality that must be upheld by elected officials. She commented that Councillor Robinson should be treated with dignity and respect even if not in agreement with her views and noted that she was disappointed in the treatment of Councillor Robinson by her colleagues after the publication of her Black History Month Opinion Editorial. Ms. Rekar stated that Councillor Robinson had the right to question Black History Month as her intent was not to denigrate one people’s group, but to raise all people in a position of - 6 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm equality, strength, and honour. She spoke to her concerns regarding the Motion on the agenda pertaining to the Request to the Ontario Human Rights Commission. Ms. Rekar commented that Councillor Robinson had been maligned by her colleagues, had her pay revoked, and that Council did not stand up for Councillor Robinson’s right to question the existing dictum. She concluded by asking what Council was doing to promote equality, freedom of expression and freedom of speech in the Council Chambers. 8.2 Carl Fulda, Oshawa Resident Re: The Opinion Editorial by Councillor Lisa Robinson Carl Fulda, Oshawa Resident, appeared before Council regarding the Opinion Editorial by Councillor Lisa Robinson. He advised that at the last Council meeting he heard 18 delegations decrying how awful a Councillor Lisa Robinson was, and noted that it was as grueling to watch as it must have been for her to witness. Mr. Fulda commented that none of the delegations provided concrete examples of how Councillor Robinson had overstepped the bounds of racism in the Opinion Editorial. Mr. Fulda noted that Councillor Robinson advocated for the residents of Pickering and that he did not want Councillor Robinson to resign. He commented on the great job that Councillor Robinson was doing as evidenced at last month’s Council Meeting when she spoke against certain items on the agenda on behalf of residents. He concluded that the rest of Council operated without an oath of office, without liability insurance, and asked Council to do better. 8.3 Judy Griffiths, Whitby Resident Re: The Opinion Editorial by Councillor Lisa Robinson regarding Black History Month Judy Griffiths, Whitby Resident, appeared before Council regarding the Opinion Editorial by Councillor Robinson. Ms. Griffiths advised that she was present at the February 26, 2024 meeting where 18 delegations spoke against Councillor Robinson’s Opinion Editorial. She commented that Council not did sign an oath of public office and that they were not considered elected officials, did not have liability insurance, could be held personally liable, and that their actions were an act of treason. It was the consensus of Council to recess. Council recessed at 7:45 p.m. and reconvened at 8:01 p.m. 8.4 Charlene Herbst, Pickering Resident Re: The Opinion Editorial by Councillor Lisa Robinson regarding Black History Month - 7 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Charlene Herbst, Pickering Resident appeared before Council regarding the Opinion Editorial by Councillor Lisa Robinson regarding Black History Month. Ms. Herbst advised that she attended the February 26, 2024 Council Meeting and listened to 18 people smear Councillor Robinson’s character in attempts to intimidate her to resign, and noted that she along with other taxpayers did not want her to resign. She spoke to individuals and organizations that supported Councillor Robinson and commented that some delegates from last month’s Council meeting had personal ties with the City. Ms. Herbst discussed the meaning of diversity, equity, and inclusiveness (DEI), and noted that some advocacy groups for DEI did not incorporate the history of all races, religions, cultures and genders that had faced persecution, noting that was the point Councillor Robinson made in her Opinion Editorial. She spoke to how the errors of the past could not erase or negate the struggles that some have had to overcome. Ms. Herbst noted that it was only when one ceased to categorize one another based on those characteristics, and to unite as human beings, that a DEI strategic community would be realized. She concluded by stating that equity does not fix equality but that faith, values, ethics, education and understanding unity that is void of special interests would. 8.5 Jessica Wilkins, Oshawa Resident Janice Strasbourg, Oshawa Resident Re: Councillor Robinson’s Right to Express her Views and Opinions Jessica Wilkins and Janice Strasbourg, Oshawa Residents, appeared before Council regarding Councillor Robinson’s right to express her views and opinions. Ms. Strasbourg provided an overview of the history of inequality including women’s rights and her own past experiences, and noted that women were under attack because of federal, provincial and municipal policies that supported the minority in the community and caused division and unrest. She commented that special days, flags, and symbols promoted tribalism between the groups. She discussed how women and children suffered the most and concluded that she was glad that Councillor Robinson had the courage to point out inequalities between groups. Ms. Wilkins spoke to how unfair the investigation process was in the accusations against Councillor Robinson which led to a judicial review. She stated that she saw the potential harm in the implementation of diversity, equity and inclusion initiatives that could sometimes lead to unintended consequences, and that there were risks in prioritizing diversity over merit and competence. Ms. Wilkins spoke to Councillor Robinson’s stance in upholding principles of fairness and justice regardless of democratic characteristics, and that by supporting people who spoke up, institutions were kept strong and ensured that individuals were judged based on their qualifications rather than their identity. She concluded with an overview of - 8 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm the comments made by individuals in the media, that Councillor Robinson had the right to express her opinions, and that Council should do better. 8.6 Margitta Fulda, Oshawa Resident Re: Concerns regarding the February 26, 2024 Council Meeting Margitta Fulda, Oshawa resident, appeared before Council regarding her concerns with the February 26, 2024 Council Meeting. Ms. Fulda spoke to an email she received prior to the Meeting that provided her with rules for speaking as a delegation but that she did not see the rules enforced with the delegates who spoke in response to Councillor Robinson’s article. She provided an overview of an experience she encountered with security at the February Council Meeting where in a case of mistaken identity, she was asked to leave the Chambers and attend the lobby by authorities, and concluded by noting that asking questions to verify identity would be a better approach. 8.7 Joe Ingino, Editor/Publisher, Central Newspaper Re: Clarification regarding The Black History Month Opinion Editorial by Councillor Lisa Robinson Joe Ingino did not appear before Council and did not provide a delegation. 8.8 Michael Quinn, Mattawa Resident Re: Concerns regarding the Conduct of City Council Michael Quinn, Mattawa Resident, appeared before Council via electronic connection regarding his concerns with the conduct of City Council. Mr. Quinn stated that the attacks by Council against Councillor Robinson were disgraceful and a betrayal of democracy and commented that all viewpoints should be heard. He stated that he had been a friend of Councillor Robinson for over 30 years and that she was one of the most thorough and informed people he knew. Mr. Quinn concluded by asking Council to do their research, ask the tough questions, and that if more people were like Lisa Robinson, the country would be in a better place. 8.9 Terry Peters, Pickering Resident Re: The Opinion Editorial by Councillor Lisa Robinson Terry Peters, Pickering Resident, appeared before Council regarding the Opinion Editorial by Councillor Robinson. Mr. Peters spoke to how globally, Councils are supporting the same agendas such as 15-minute cities, geo-engineering, digital ID, rainbow flags, graphic books in schools, and questioned if those agendas were a global coincidence. He spoke about the 18 delegates that came out to speak to Councillor Robinson’s Opinion Editorial because they felt it was racist but stated that they did not explain why. Mr. Peters discussed the Integrity Commissioner’s - 9 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm report against Councillor Robinson which he felt was one-sided, and the upcoming Motion on the Request to the Human Rights Commission. Mr. Peters concluded by stating his support for Councillor Robinson. 8.10 Karen Sloan, Pickering Resident Re: The Opinion Editorials by Councillor Lisa Robinson Karen Sloan, Pickering Resident, appeared before Council regarding Opinion Editorials by Councillor Robinson. Ms. Sloan advised that she was troubled by the comments in one Opinion Editorial surrounding womanhood and encroachment on women’s rights and transgender individuals and stated that she found it divisive and harmful to the community. Ms. Sloan addressed the dangerous rhetoric used by the Councillor which diminished the struggles and achievements of the feminist movement, excluded transgender individuals, and perpetuated harmful stereotypes. She spoke to her own experience as a woman in a male dominated society, and discussed the need to acknowledge the challenges that women face, and commented that Councillor Robinson should not force her personal opinions on the community. Ms. Sloan stated that it was important to reject divisiveness and to embrace inclusivity to uplift the voices of all women regardless of their background or identity. She spoke to Councillor Robinson’s right to dismiss the recognition of certain community celebrations, but that the Councillor had overlooked the support she had received from her colleagues for the flag raising to honour veterans. She concluded by urging Council to condemn the divisive and harmful comments from the Councillor and reaffirm the commitment for inclusivity and equality. 8.11 Ruchi Wali, Member, Cultural Advisory Committee Ansonett Palmer, Member, Cultural Advisory Committee, Debbie Thompson, Chair, Cultural Advisory Committee Re: Corr. 07-24 Cultural Advisory Committee 2023 Year End Report & 2024 Work Plan Ruchi Wali, Member, Cultural Advisory Committee, Ansonett Palmer, Member, Cultural Advisory Committee, and Debbie Thompson, Chair, Cultural Advisory Committee, appeared before Council and provided an overview of the 2023 Year End Report and 2024 Work Plan. Ms. Thompson stated that the Committee’s goal was to identify and coordinate opportunities for stakeholder and community engagement and to provide community input on matters that related to the positions of cultural services, and the Pickering Museum Village. Ms. Wali outlined the Committee’s 2023 achievements including, drafting their Terms of Reference, participation in the Cultural Fusion Fair, providing endorsements for various public art projects, providing input on a number of Museum projects and City strategic plans. - 10 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Ms. Palmer outlined the 2024 Work Plan including, the formation of a sub-committee called the Pickering Arts Culture Engagement Committee, commentary on the Strategic Plan activities, the renewal of the Cultural Strategic Plan, the Recreation and Parks Plan, consultation on public art projects and consultation on the Pickering Museum Village’s annual planning and project development. A brief discussion ensued between Members of Council and the delegation regarding the number of people that attended the two-day Cultural Fusion Fair, and clarification on the augmented reality program at the Museum. 8.12 Margaret Eskins, Pickering Resident Re: Request to Ontario Human Rights Commission Margaret Eskins, Pickering Resident, appeared before Council to speak to the Motion regarding the request to the Ontario Human Rights Commission (OHRC). Ms. Eskins supported the need to address issues on Council, and the need to enshrine tools in the Municipal Act including the option of removal from public office to address the conduct of an elected official that engaged in behaviour that promoted racism, prejudice, bias and discrimination against any identifiable group. Ms. Eskins stated that it was up to Council to uphold the values of justice and inclusivity. She commented that the recent conduct of Councillor Robinson characterized by racism, homophobia and transphobia had caused concern to the community. She advised that the Motion sought the assistance of the OHRC to set a process for accountability and justice, and concluded by noting that Council should send a message that discrimination has no place in the community. 8.13 Chris Uchiyama, Principal, LHC Heritage Planning & Archaeology Inc. Graham Clarke, Consulting Engineer, Clarke Engineering Iain Donnell, Lawyer, Donnell Law Group Ed Saki, Pickering Resident Re: Report PLN 10-24 301 Kingston Road Part IV Designation of 301 Kingston Road Chris Uchiyama, Principal, LHC Heritage Planning & Archaeology Inc., Graham Clarke, Consulting Engineer, Clarke Engineering, Iain Donnell, Lawyer, Donnell Law Group, and Ed Saki, Pickering Resident, appeared before Council and through the aid of a PowerPoint presentation spoke to Report PLN 10-24. Ms. Uchiyama advised that she was the heritage consultant for the owner of 301 Kingston Road. She provided an overview of the Documentation and Commemoration Report for the property, the scope of work, and a summary of the remaining, salvageable heritage attributes. She advised they were retained in 2023 to prepare a fulsome Heritage Impact Assessment for the property and provided details of the assessment process and how the results of the 2023 - 11 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Report differed from the 2022 Report. She stated that in their opinion, the structure was not a good candidate for heritage designation. Mr. Clarke provided an overview of the assessment of the condition of the structure and stated that the building was structurally unsafe. He summarized the financial options including, demolition only, repair of the structure, or building a new replacement structure, and recommended the demolition option. Resolution #431/24 Moved by Councillor Brenner Seconded by Councillor Robinson That Chris Uchiyama, Graham Clarke, Ian Donnell, and Ed Saki be granted an additional 2 minutes to continue their delegation. Carried Mr. Saki, owner of 301 Kingston spoke to why he requested the demolition permit, the timeline of the application, and concluded by asking Council to approve the Demolition Permit. A question and answer period ensued between Members of Council and the delegation regarding: • whether the owner was aware that the staff Report supported designating the building; • the condition of each floor, whether any of the floors were salvageable, and why the original siding and windows had been replaced; • how much work had to be done to restore the building to resemble the original structure or the 2016 structure, and the cost of restoration; • the purpose of the commercial property in 2015, whether the owner knew it was a heritage property, and whether permits were submitted for the structural changes; • the peer review process; • what heritage attributes were left in the structure, and if the timber frames could be used in the new structure; and, • if a plaque could be installed on the new structure to commemorate the original building. 8.14 Carion Fenn, President & CEO, Carion Fenn Foundation/Durham Black Network Re: Request to Ontario Human Rights Commission Carion Fenn, President & CEO, Carion Fenn Foundation/Durham Black Network, appeared before Council in support of the Motion for the Request to the Ontario - 12 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Human Rights Commission. Ms. Fenn advised that there was a legal obligation to abide by the Human Rights Code, the Accessibility for Ontarians with Disabilities Act (AODA), and Bill C-81. She stated that it was important for all to be treated with dignity and respect and spoke to the work happening behind the scenes to benefit future generations. Ms. Fenn spoke to her personal experience with discrimination and stated that the Motion put a voice to the harm of the actions by the Councillor. She concluded by emphasizing the importance of adhering to the Human Rights Code. A brief discussion ensued regarding what content in the Opinion Editorial constituted racism. 8.15 Bruce Cowley, Pickering Resident Re: Corr. 10-24 Michael de Rond, Town Clerk, Town of Aurora Re: Town of Aurora Council Resolution of February 27, 2024 Member Motion 8.2.8 - Councillor Gilliland; Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Bruce Cowley, Pickering Resident, appeared before Council regarding Corr. 10-24. Mr. Cowley advised that he was in support of the letter from the Town of Aurora on the need for legislative amendments to improve Municipal Codes of Conduct and enforcement. He stated that all Ontarians deserved a safe and respectful workplace including municipal governments that were most directly engaged with the people. Mr. Cowley commented that he was disheartened to witness disrespectful behaviour and workplace harassment amongst municipal members of council across Ontario. He stated that such incidents harmed individuals and lowered public perception of local government. He noted that Pickering’s Code of Conduct Policy served as a tool for the expectations for Council Members’ behaviour, but that municipalities have limited ability to enforce compliance. He commented that Councillor Robinson did not treat members of the public with respect and dignity, but instead with abuse, bullying and intimidation. Mr. Cowley concluded by reiterating his support for the legislative amendments and urged Council to accept Item 9.4, receive and endorse Corr. 10-24, and hoped that the Province would pass legislation to strengthen Municipal Codes of Conduct. A brief discussion ensued regarding what constituted democracy related to the removal of a Councillor from office. 8.16 Bruce Cowley, Pickering Resident Re: Request to Ontario Human Rights Commission Bruce Cowley, Pickering Resident appeared before Council regarding the Motion for a Request to the Ontario Human Rights Commission and addressed the false - 13 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm narratives and divisive speech in the community and advocated for further action by Council including the adoption of agenda Item 13.4. He commented that what he witnessed at the last Council meeting warranted a Human Rights Commission Inquiry. He noted that Councillor Robinson’s defense of her actions under the guise of free speech was misguided, showed a lack of remorse and empathy, and a lack of comprehension of what delegates said. He spoke to the content of her articles and posts on social media and concluded by urging Council to support agenda Item 13.4. Resolution #432/24 Moved by Councillor Butt Seconded by Councillor Cook That the rules of procedure be suspended to allow one additional delegation Carried on a Two-Thirds Vote 8.17 Craig Bamford, Share The Love Food Drive Campaign Lindsey Morrill, Director, St. Paul’s on the Hill Food Bank Margaret Eskins, DARS Carol McGuffie, Treasurer, Pickering West Shore Community Association (PWSCA) Re: Results of the Share The Love Food Drive Campaign and Thank You to Ajax and Pickering Residents Craig Bamford, Share The Love Food Drive Campaign, Lindsey Morrill, Director, St. Paul’s on the Hill Food Bank, Margaret Eskins, DARS, and Carol McGuffie, Treasurer, Pickering West Shore Community Association (PWSCA), appeared before Council to speak to the Share The Love Food Drive that concluded on March 24, 2024. Mr. Bamford advised that as the need for food bank donations had risen drastically, Ward 1 community groups including, Fairport Beach Neighbourhood Association, Rougemount Community Recreation Association, Westshore Community Association and SoRo Good Neighbours, worked together along with DARS on the Share The Love Food Drive Campaign, and thanked Council, the participating grocery stores, the students and volunteers who helped, and the customers for donating to the campaign. On behalf of the St. Paul’s on the Hill Community Food Bank, Ms. Morrill thanked the many residents, associations, donors, students, and volunteers in making the campaign successful. She spoke to the number of individuals they had assisted in 2023 and the projected number of individuals that would need assistance in 2024. Ms. Morill provided information on an upcoming Donor Open House scheduled for April 27, 2024. - 14 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Ms. McGuffie concluded by advising that the campaign raised over 7,000 pounds of food and over $1,000 in donations. A brief discussion ensued between Members of Council and Lindsey Morrill, Margaret Eskins, and Carol McGuffie regarding: • the City’s contribution to the St. Paul’s on the Hill Community Food Bank from the Casino revenues to pay their rent for the year; • the need for additional funding in 2024; and, • that students looking to volunteer should contact the Pickering Westshore Community Associations at pickering.pwsca@gmail.com. It was the consensus of Council to recess. Council recessed at 10:21 p.m. and reconvened at 10:38 p.m. Resolution #433/24 Moved by Councillor Pickles Seconded by Councillor Brenner That the order of the agenda be changed to hear Item 15, Confidential Council Public Report, Item 10, Report EC 03-24, Item 11, PD 01-24, Item 14, By-laws, Item 12.5, PLN 10-24, and Item, 12.6, FIN 06-24, as the next items of business. Carried 15. Confidential Council – Public Report 15.1 Director, Corporate Services & City Solicitor, Confidential Report LEG 01-24 Walnut Lane Extension, Title Matter (Release of Easement) Resolution #434/24 Moved by Councillor Cook Seconded by Councillor Pickles 1. That the City pay the net amount of $250,000.00 inclusive of applicable HST for the Release and Abandonment of Wildav International Developments Limited’s Easement D218203, to enable construction of the Walnut Lane Extension to Liverpool Road; 2. That, to give effect to the above Recommendation, Council approves the Agreements included as Attachments 2 and 3 to Confidential Report LEG - 15 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm 01-24, and authorizes the Mayor and the City Clerk to execute those agreements; and, 3. 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 Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 10. Report EC 03-24 of the Executive Committee held on March 4, 2024 10.1 Director, Engineering Services, Report ENG 03-24 Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion – Tender No. T2023-14 Council Decision: 1. That the Mayor and City Clerk be authorized to execute the Licence Agreement with Amberlea Tennis Club submitted as Attachment 1 of Report ENG 03-24, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the Licence Agreement with Pickering Pickleball Club Inc. submitted as Attachment 2 of Report ENG 03-24, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That Tender No. T2023-14 for the Shadybrook Park Tennis Court Expansion as submitted by Zilli Construction Ltd. in the total tendered amount of $248,261.00 (HST included) be accepted; 4. That the total gross project cost of $291,669.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $262,657.00 (net of HST rebate) be approved; - 16 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm 5. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $262,657.00 as follows: a) the sum of $196,993.00 available budget in capital project C10320.2318 as approved in the 2023 Capital Budget to be funded by a transfer from Development Charges – City’s Share Reserve; b) the sum of $65,664.00 available budget in capital project C10320.2318 as approved in the 2023 Capital Budget to be funded by a transfer from the Development Charges Reserve Fund – Parks & Recreation Services; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.2 Director, Engineering Services, Report ENG 04-24 Proposed All-way Stop Bainbridge Drive and Marshcourt Drive Council Decision: 1. That the attached draft by-law be enacted to amend Schedule “6” and Schedule “7” to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of Bainbridge Drive and Marshcourt Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.3 Director, City Development & CBO, Report SUS 01-24 Pickering Environmental Schools Grant Results of the 2023 Funding Council Decision: That Report SUS 01-24 regarding the Pickering Environmental Schools Grant be received for information. 10.4 Director, City Development & CBO, Report SUS 02-24 Termination of Whitby Green Standard Demonstration Project Termination Agreement and Release - 17 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Council Decision: 1. That Report SUS 02-24, regarding the termination of the Whitby Green Standard Demonstration Project, be received; and, 2. That the Mayor and City Clerk be authorized to execute a Termination Agreement and Release between the Town of Whitby, City of Pickering, Region of Durham, Mattamy Development Corporation, and Clean Air Partnership, as set out in Attachment 1 of this report, subject to the terms and conditions satisfactory to Director, City Development & CBO, and Director, Corporate Services & City Solicitor. 10.5 Director, City Development & CBO, Report SUS 03-24 Pickering Urban Agriculture Project Update Council Resolutions #100/23 and #218/23 Council Decision: 1. That Report SUS 03-24 regarding Pickering Urban Agriculture Project Update, be received for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.6 Director, City Development & Chief Building Official, Report SUS 04-24 Pickering Integrated Sustainable Design Standards Implementation and Green Roof By-law Updates Council Resolutions #914/22 and #982/22 Council Decision: 1. That Report SUS 04-24 regarding Pickering Integrated Sustainable Design Standards Implementation and Green Roof By-law Updates be received for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Resolution #435/24 Moved by Councillor Pickles Seconded by Councillor Nagy That Report EC 03-24 of the Executive Committee Meeting held on March 4, 2024 be adopted. - 18 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Carried 11. Report PD 01-24 of the Planning & Development Committee held on March 4, 2024 11.1 Director, City Development & CBO, Report PLN 04-24 Zoning By-law Amendment Application A 02/21 Draft Plan of Subdivision Application SP-2021-01 Draft Plan of Condominium Application CP-2021-01 Highcastle (1939 Altona Rd.) Inc. (1939 Altona Road) Council Decision: 1. That Zoning By-law Amendment Application A 02/21, submitted by Highcastle (1939 Altona Rd.) Inc., to facilitate a residential condominium development consisting of a mix of townhouse units, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 04-24, be finalized and forwarded to Council for enactment; and, 2. That Draft Plan of Subdivision Application SP-2021-01, submitted by Highcastle (1939 Altona Rd.) Inc., to establish a development block to facilitate a residential condominium development; an open space block, a road widening block, a reserve block and a public street to complete Sparrow Circle, as shown in Attachment 3 to Report PLN 04-24, and the implementing conditions of approval, as set out in Appendix II, be endorsed. 11.2 Director, City Development & CBO, Report PLN 05-24 Initiating Pickering’s Official Plan Review Council Decision: 1. That staff be authorized to initiate the update of the Pickering Official Plan, and to fulfill the requirements of Section 26(3) of the Planning Act, and request the Mayor to call a Special Meeting of Council on May 27, 2024 at 5:00 pm to provide an opportunity for public input on the revisions that may be required; and, 2. That a copy of Report PLN 05-24, and Council’s Resolution thereon, be sent to the Region of Durham, local municipalities in Durham Region, the City of Toronto, the Region of York, the City of Markham, the Town of Whitchurch-Stouffville, the Toronto and Region Conservation Authority, the Central Lake - 19 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Ontario Conservation Authority, the Durham School Boards, and any interested parties for their information. 11.3 Director, City Development & CBO, Report PLN 06-24 Request for Redline Revision of Draft Plan of Subdivision Application SP-2009-11 (R2) Revised Zoning By-law Amendment Application A 08/23 Mattamy (Seaton) Limited Part of Lots 21 and 22, Concession 4 Seaton Community Council Decision: 1. That the Revision to Draft Plan of Subdivision SP-2009-11 (R2), submitted by Mattamy (Seaton) Limited, to permit a redline revision to a draft approved plan of subdivision on lands being Part of Lots 21 and 22, Concession 4, as shown on the Applicant’s Revised Draft Plan, Attachment 6 to Report PLN 06-24, be endorsed; 2. That the proposed amendment to the conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2009-11 (R2), as set out in Appendix I to Report PLN 06-24, be endorsed; 3. That the Ontario Land Tribunal (OLT) be advised of City Council’s decision on the request for a redline revision to Draft Plan of Subdivision SP-2009-11 (R2), and that the City Solicitor be authorized to attend any OLT hearing on the required red-line revision; and, 4. That Zoning By-law Amendment Application A 08/23, submitted by Mattamy (Seaton) Limited, to implement the redline revision to Draft Plan of Subdivision SP-2009-11 (R2) be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 06-24, be finalized and forwarded to Council for enactment. 11.4 Director, City Development & CBO, Report PLN 07-24 Zoning By-law Amendment Application A 06/23 Taccgate Developments Inc. North and south sides of Taunton Road between Burkholder Drive and Peter Mathews Drive, and on the east side of Peter Mathews Drive Seaton Community Council Decision: That Zoning By-law Amendment Application A 06/23, submitted by Taccgate Developments Inc., to amend the existing zoning on three separate properties, - 20 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm located on the north and south sides of Taunton Road, between Burkholder Drive and Peter Matthews Drive, and at the southeast corner of Peter Matthews Drive and Taunton Road to do the following: a) add “Street Townhouse” to the list of permitted housing types; b) establish zoning performance standards to facilitate residential common element condominium tenure; and, c) exempt townhouses from needing to be constructed in combination with an apartment building, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 07-24, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 07-24, be finalized and forwarded to Council for enactment. Resolution #436/24 Moved by Councillor Pickles Seconded by Councillor Butt That Report PD 01-24 of the Planning & Development Committee Meeting held on March 4, 2024 be adopted. Carried 14. By-laws 14.1 By-law 8088/24 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. 14.2 By-law 8089/24 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 32, Concession 1 North, City of Pickering (A 02/21). 14.3 By-law 8090/24 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, for lands at Part of Lots 21 and 22, Concession 4, and Part of Lots 21, 22 and 23, Concession 5, City of Pickering (A 08/23). - 21 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm 14.4 By-law 8091/24 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the Official Plan of the City of Pickering, Region of Durham, for the lands identified as Block 76, 40M-2664, and Blocks 187, 188, 197, and 203, 40M-2671, City of Pickering (A 06/23). 14.6 By-law 8093/24 Being a by-law to exempt Blocks 248 to 263, Plan 40M-2756, Pickering from the part lot control provisions of the Planning Act. 14.7 By-law 8094/24 Being a by-law to exempt Lots 47 to 53, 57 to 62, 74, 85 to 87, 98 to 102, 107 to 114, 121 to 127, 130 to 140, 174, 175, 178 to 182, 185, 187, 224 to 227 and Blocks 288 to 321, Plan 40M-2758, from the part lot control provisions of the Planning Act. Resolution #437/24 Moved by Councillor Butt Seconded by Councillor Brenner That By-law Numbers 8088/24, 8089/45, 8090/24, 8091/24, 8093/24, and 8094/24 be approved. Carried 12. New and Unfinished Business 12.5 Director, City Development & CBO, Report PLN 10-24 301 Kingston Road Part IV Designation of 301 Kingston Road A question and answer period ensued between Members of Council and staff regarding: • the appeal process should the owner not agree with the designation; • whether the amount estimated to repair the structure had been peer reviewed and whether the information was shared with the City’s consultant; • the state of the structure, lack of safeguards to protect it, and the limited historical value of the structure; - 22 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm • whether redevelopment of the site could occur without the heritage designation; • what kind of attributes staff would consider with respect to redevelopment and the zoning on the property if the heritage designation was approved; and, • whether the structure had to be restored to its pre 2016 condition if the designation was approved. Resolution #438/24 Moved by Councillor Brenner Seconded by Councillor Pickles That due to the remaining items of business on the Agenda, the meeting be extended to allow Council to continue to meet beyond 11:00 p.m. Carried Discussion continued regarding: • the amount of work pending and whether the structure had anything left that was salvageable; • whether the owner would incorporate the timber frames from the structure into the new structure and install a commemorative plaque; • whether the structure could be moved to another location; and, • the next steps in the process should the demolition permit be approved. Resolution #439/24 Moved by Councillor Cook Seconded by Councillor Nagy 1. That appropriate City of Pickering officials be given authority to take the necessary actions to designate 301 Kingston Road (known historically as the Toynevale Farm) under Section 29, Part IV of the Ontario Heritage Act, and include the property on the City of Pickering Municipal Heritage Register. 2. That staff be authorized to take the appropriate actions to require the property owner to apply for, and obtain, the necessary building permits and heritage alteration permits to secure and stabilize the building at 301 Kingston Road, and to reinstate the missing elements of the structure to bring the building into compliance with the minimum requirements of the Ontario Building Code. - 23 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy No: Councillor Pickles Councillor Robinson Mayor Ashe 12.6 Director, Finance & Treasurer, Report FIN 06-24 2024 Financial Housekeeping Report Resolution #440/24 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Council approve the 2024 Low Income Seniors & Persons with Disabilities grant amount, to be increased from $535 to $560 per household; 2. That the City’s share of the Municipal Accommodation Tax be used to fund tourism-related capital infrastructure; 3. That Council approve the cancellation of the following previously approved Capital projects: Project Number Description Unspent Budget Amount C10235.2203 O’Brien Hot Water Tank Replacement $60,000 C10240.2007 Purchase and Installation of Electric Vehicle Charge Station at the Civic Centre $25,000 C10300.1801 New Security Cameras $27,500 C10315.2106 Front Plow & Wing Attachment for Seaton Plow $40,000 C10320.2204 Vacuum Excavator with Trailer Replacement $95,000 - 24 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm C10510.2301 Mid-Size SUV New $45,000 C10510.2303 Various Construction Projects $200,000 C10515.1801 WO-2 Kingston Road – New Sidewalk Installation $332,660 C10575.1806 RO-12 Kingston Road Sidwalk & Streetlights $175,500 C10575.1905 BI-17 – Church Street – Sidewalks & Streetlights $325,000 C10575.1906 TC-7 Kingston Road Sidewalks & Streetlights $133,500 C10700.2306 Dispatch CAD Replacement $350,000 C10700.2308 Fire Station #5 Land Purchase $3,500,000 C10900.2003 Central Library Outdoor Drop Box $10,000 4. That Council authorize staff to expand the approved scope, as included in the 2023 Capital Budget, for project C10240.2307 – Satellite Office Leasehold Improvements, originally planned for pre-occupancy renovations and leasehold improvements at a future satellite facility (location yet to be determined), to include consulting and related costs for completion of a Municipal Space Utilization Study, in an amount not to exceed $300,000 (net HST); 5. a) That the Director, Finance & Treasurer be authorized to combine capital projects C10570.1803 Greenwood Bridge and C10570.2403 Sixth Concession Rd. – Road Reconstruction to facilitate project management and administration of these projects, by transferring the budget of $1,200,000 from C10570.2403 to C10570.1803 and subsequently closing C10570.2403; b) That the Director, Finance & Treasurer be authorized to combine capital projects C10900.2203 Accessible Public Washroom (Claremont) with C10900.2106 Claremont Hardware for Extended Service Offering – Technology and C10900.2205 Improvements to Claremont Library Public Service Space by transferring the available budget of $55,000 from C10900.2106 and $55,000 from - 25 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm C10900.2205 to C1900.2203 and subsequently closing C10900.2106 and C10900.2205; 6. That Council approve staff attendance at international technology conferences, in accordance with Subsection 10.02 of the Financial Control Policy, as follows: a) International travel by the Division Head, Information Technology, Supervisor, Network Support and Senior Systems Administrator to attend the 2024 Dell World conference in Las Vegas, and that the total conference costs not exceed $3,000 (CAD); and, b) International travel by the Manager, ERP & Financial Systems or designate to attend the 2024 annual SAP Sapphire Conference in Orlando, Florida, and that the total conference costs not exceed $5,000 (CAD); 7. That Council authorize the establishment of a new reserve to be called the Building Faster Reserve, that any funds received from the Province of Ontario’s Building Faster Fund be transferred to this reserve, and that these funds be used to invest in community-enabling infrastructure; 8. That the Mayor be requested to consider the inclusion of funds in the 2025 Capital Budget, to increase the proposed 2025 Asphalt Resurfacing Program amount from $4,160,000 as indicated in the Capital Forecast to $5,200,000 with funding to be determined by the Director, Finance & Treasurer; 9. That the Director, Finance & Treasurer be authorized, at his discretion, to undertake the following transfers: a) Any 2024 surplus Current Operating funds at year-end in excess of approximately $125,000 be allocated in the following ratio: 25 percent to the Rate Stabilization Reserve (8007); 20 percent to the Facilities Reserve (8026); 5 percent to the Public Art Reserve (8038) and 50 percent to the City Share DC Projects Reserve (8008); b) Any surplus funds from the Emergency Operational Capital Needs Account (11100.503510) to the Facilities Reserve (8026); c) Any revenue from the sale of used vehicles (11100.406600) to the Vehicle Replacement Reserve (8016); - 26 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm d) Any surplus funds from Museum donations (10250.406500) and Artefact Repairs & Maintenance Account (10250.502385) to the Museum Collection Reserve (8033); e) Any green energy rebates and revenue associated with the Claremont solar roof rental project account (10325.404500.9480) and other incentives and rebates account (10325.406551) to the Reserve for Sustainable Initiatives; f) 50 percent of revenues collected from Municipal Accommodation Tax (MAT) (subject to Council’s approval of the tax) to the MAT Reserve (8042); g) An amount up to $625,406 from the Casino Reserve to fund the net cost of the Major Capital Facilities Cost Centre (10330); h) Where the 2024 year-end balance of the WSIB Reserve is greater than $4.0 million, the excess funds will be transferred to the WSIB Excess Indemnity Reserve Fund (8702); i) Where the 2024 actual investment income (10600.406000) exceeds the budget of $1,800,000, the excess funds will be transferred to the Balloon Payment Reserve (8039) to minimize future debt costs; j) Where the 2024 actual winter control costs exceed the budget, the deficit will be funded by a transfer from the Winter Control Reserve; k) Where the actual 2024 Property Tax Write-offs (account 11100.503000) exceed the budget provision due to assessment appeals, the deficit will be funded by a transfer from the Assessment Appeal Reserve (8002), and if this reserve is depleted, then the shortfall will be funded from the Rate Stabilization Reserve (8007); l) Where the actual 2024 Payment-in-Lieu Education Share revenues are less than the budget estimates, the deficit will be funded by a transfer from the Rate Stabilization Reserve (8007); m) Any other budget transfers that may be required during the fiscal year which do not change the overall approved property tax levy; 10. That Council approve Attachment 1, FIN 030 Financial Control Policy, with an effective date of January 1, 2024; 11. That the Director, Finance & Treasurer be authorized to: - 27 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm a) Undertake transactions in the spot or forward (12 months or less) currency markets in order to effect United States dollar denominated expenditures in the Current or Capital Budgets; b) Sign leases or rental agreements (including summer rentals) on the City’s behalf for the provision of vehicles or equipment required for temporary use during periods of equipment breakdown or repair or during periods of increased need (e.g. inclement weather); c) Apply for all grants included in the 2024 Current Budget, 2024 Capital Budget, and prior year’s capital projects that have not started, and that Council endorse all future applications that meet senior government grant criteria and that staff report back to Council at the next possible meeting regarding which grants staff have applied to; d) Make any changes or take any actions necessary, to ensure that the budget accommodates any reallocation of 2024 current operating expenditures and revenues that may be required to accommodate any labour relations settlements, while maintaining the approved levy; e) Adjust the 2024 final tax rates to address any revenue shortfall arising as a result of a provincial tax policy change; f) Initiate any additional assessment appeals necessary to protect the assessment base of the City; g) Apply any debt repayment, interest or financing provisions contained in the annual Current Operating Budget not used in the current year’s payments towards additional principal repayments, repayment of outstanding loans, debt charges, to reduce debt or internal loans not issued, or transfer funds to the balloon payment reserve; h) Adjust the per kilometer travel expense reimbursement rate (last increased in 2023) with an effective date of May 1, 2024, from 0.65 cents per kilometre to 0.70 cents per kilometre for the first 5,000 kilometres and from 0.59 cents per kilometre to 0.64 cents per kilometre for travel beyond 5,000 kilometres; 12. a) That Council approve the continuing engagement of Watson & Associates Economists Ltd., to be used for fiscal impact studies and related works, Development Charge Background Study updates and/or amendments, Community Benefit Charge Study updates and/or amendments and any other DC or CBC related matters; - 28 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm b) That Council approve the award of professional services in accordance with the City’s Purchasing Policy Item 10.03 (c) to Watson & Associates Economists Ltd. for the completion of a Development Charge Background Study and Community Benefits Charge Study, in an amount not to exceed $90,000 (net HST); 13. a) That Council approve the continuing engagement of the firm PSD Citywide Inc., to be used for asset management consulting and other work in support of the City’s compliance with Asset Management legislation; b) That Council approve the award of professional services in accordance with the City’s Purchasing Policy Item 10.03 (c) to PSD Citywide Inc. for the development and delivery of a Proposed Level of Service Framework with Optimization Scenarios, Citizen Engagement (Phases 1 and 2) and on-site meetings, in an amount not to exceed $88,600 (net HST) and completion of stage three of the City’s Asset Management Plan (as required by Ontario Regulation 588 (2021), in an amount not to exceed $75,000 (net HST); 14. That Council approve the continuing engagement of the following firms: Nixon Poole Lackie LLP, Municipal Tax Advisor Group and Municipal Tax Equity Consultants for any studies related to reassessment or other property tax issues and to protect the property tax base by defending assessment appeals through proactive assessment base management; 15. That Council approve the following grants, which are exceptions to the Community Grant policy, and that these grants be funded from the General Government Grants to Organizations – Contingency account: a) A grant to the Pickering Lawn Bowling Club, in the amount of $2,070, to be used for the purchase of a video camera, club pins and 2 bowling assistance arms; b) A grant to the Purpose Church, in the amount of $3,000, to be used to provide equipment and supplies for youth programming in the Church’s youth centre; c) A grant to The Redeemer Christian Church of God - Fountainhead Chapel, in the amount of $4,500, to be used to purchase two desktop computers, software and program supplies, to support a cloud computing and cybersecurity certification program for individuals recovering from addiction; and, - 29 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm d) A grant to the Interpreters and Translators Platform Co-operative Inc., in the amount of $2,071.68, subject to eligibility under the Community Grants Policy, to be used to pay facility rental cost at the Chestnut Hill Developments Recreation Complex for monthly association meetings. 16. That FIN 040 Community Grant Policy be amended by adding the following additional provisions and the change to the policy be effective for the 2025 Community Grants program: a) That the grant application deadline date for the 2025 Community Grant Program be September 27, 2024, to give community groups sufficient time to complete their applications; b) That grant requests for repair and maintenance activities on private property shall be deemed ineligible; c) That an application shall be deemed ineligible if submitted by, or on behalf of, a youth and/or adult competitive sports team or league; d) That grants provided for social, youth and seniors programs must be open to participation by all Pickering residents, with programming to be conducted in public or commercial spaces; and, e) That an organization may only submit one Community Grant Application each year; 17. That Council approve Attachment 2, ADM 190 Council Compensation Policy with an effective date of January 1, 2024; and, 18. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 9. Correspondence 9.1 Corr. 07-24 Jesse St. Amant, Coordinator, Cultural Services, City of Pickering Re: Cultural Advisory Committee 2023 Year End Report & 2024 Work Plan Resolution #441/24 - 30 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Moved by Councillor Brenner Seconded by Councillor Cook That Corr. 07-24, from Jesse St. Amant, Coordinator, Cultural Services, City of Pickering, dated March 25, 2024, regarding the Cultural Advisory Committee 2023 Year End Report & 2024 Work Plan, be received for information. Carried 9.2 Corr. 08-24 Elaine Knox, Community Safety & Well-Being Advisor, City of Pickering Re: Community Safety & Well-Being Advisory Committee - 2023 Year End Report & 2024 Work Plan - Homelessness Subcommittee Mandate Resolution #442/24 Moved by Councillor Brenner Seconded by Councillor Cook That Corr. 08-24, from Elaine Knox, Community Safety & Well-Being Advisor, City of Pickering, dated March 25, 2024, regarding the Community Safety & Well-Being Advisory Committee 2023 Year End Report & 2024 Work Plan and Homelessness Subcommittee Mandate, be received for information. Carried 9.3 Corr. 09-24 Alexander Harras, Director of Legislative Services & Regional Clerk, Region of Durham Re: Request the Province of Ontario to commit to undertaking with Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario Resolution #443/24 Moved by Councillor Brenner Seconded by Councillor Cook That Corr. 09-24, from Alexander Harras, Director of Legislative Services & Regional Clerk, Region of Durham, dated January 31, 2024, regarding a Request the Province of Ontario to commit to undertaking with Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario, be received and endorsed. - 31 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Carried 9.4 Corr. 10-24 Michael de Rond, Town Clerk, Town of Aurora Re: Town of Aurora Council Resolution of February 27, 2024 Member Motion 8.2.8 - Councillor Gilliland; Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement A brief discussion ensued between Members of Council regarding: • which Member of Council had added the Correspondence to the agenda; • the proposed amendments, including the amendment to remove elected officials, to disqualify a member who was removed from running in a subsequent election, and the consequences of the proposed changes; • the judicial review process to remove an elected official; and, • that the proposed amendments addressed the need for accountability, and safety and security for all elected officials. Resolution #444/24 Moved by Councillor Brenner Seconded by Councillor Cook 1. That Corr. 10-24, from Michael de Rond, Town Clerk, Town of Aurora, dated March 6, 2024, regarding Town of Aurora Council Resolution of February 27, 2024 Member Motion 8.2.8 - Councillor Gilliland; Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement, be received and endorsed; and, 2. That a copy of this resolution be sent to the Chief Commissioner, Ontario Human Rights Commission. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 12. New and Unfinished Business - 32 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm 12.1 Chief Administrative Officer, Report CAO 02-24 Pickering Anti-Black Racism Taskforce - 2023 Year End Report and 2024 Work Plan A brief discussion ensued between Members of Council and staff regarding: • how the budget of the Pickering Anti-Black Racism Taskforce (PABRT) was determined, what criteria was used, if other communities were consulted, and if the funding provided to PABRT perpetuated the disparities of other communities; and, • whether there were plans to establish similar task forces for other groups of a diverse community, if similar budgets would be considered, and whether the City could financial support that. Resolution #445/24 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report CAO 02-24 regarding the Pickering Anti-Black Racism Taskforce 2023 Year End Report and 2024 Work Plan be received for information; 2. That Council approve the Pickering Anti-Black Racism Taskforce-led 2024 2nd Annual Community BBQ in celebration of the International Day for People of African Descent 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; 3. That Council authorize staff to issue a park permit to the Pickering Anti-Black Racism Taskforce for the use of Esplanade Park, per CUL 070 Community Festivals and Events Policy, for the 2nd Annual Community BBQ in celebration of the International Day for People of African Descent; and, 4. That Council approve the Pickering Anti-Black Racism Taskforce-led 2024 Black Joy Holiday Market 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. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook No: Councillor Robinson - 33 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Councillor Nagy Councillor Pickles Mayor Ashe 12.3 Director, Finance & Treasurer, Report FIN 05-24 Statement of the Treasurer Respecting 2023 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Resolution #446/24 Moved by Councillor Pickles Seconded by Councillor Butt It is recommended that Report FIN 05-24 regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2023 be received for information. Carried Resolution #447/24 Moved by Councillor Pickles Seconded By Councillor Nagy That the remaining Items on the March 25, 2024 Council Meeting Agenda be deferred to a Special Meeting of Council on Tuesday, April 2, 2024 immediately following the Executive Committee Meeting. Carried 18. Confirmatory By-law By-law Number 8095/24 Councillor Pickles, seconded by Councillor Nagy moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of March 25, 2024. Carried 19. Adjournment Moved by Councillor Cook Seconded by Councillor Butt - 34 - Council Meeting Minutes March 25, 2024 Hybrid Electronic Meeting Council Chamber 7:00 pm Carried That the meeting be adjourned. The meeting adjourned at 11:59 pm. Dated this 25th day of March, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 35 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner 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 L. Gibbs -Director, Community Services B. Duffield -Director, Operations R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Cassel -City Clerk C. Rose -Chief Planner J. Halsall -Division Head, Finance J. Litoborski -Manager, Municipal Law Enforcement Services R. MacKay -Supervisor, Parking Enforcement C. Redmond -(Acting) Deputy Clerk 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2.Disclosure of Interest No disclosures of interest were noted. Moved by Mayor AsheSeconded by Councillor Cook - 36 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner That the rules of procedure be suspended to allow filming in the Council Chambers by the Toronto Star. Carried on a Two-Thirds Vote 3.Delegations 3.1 Paul White, President, Fairport Beach Neighbourhood AssociationRe: Report CLK 02-24 Ratepayer Association Policy Paul White, President, Fairport Beach Neighbourhood Association, appeared before Council to speak to Report CLK 02-24. He showed Council historical a historical survey from 1913 of the Newman property located in the West Shore neighbourhood and provided a brief overview of the history of the property. Mr. White commented on the complimentary printing offered to Ratepayer Associations, the eligibility requirements, and spoke to the Association’s membership. He discussed the 1993 agreement with the City that allowed for complimentary meeting space on an occasional basis at the Westshore Community Centre or other facility and noted that this was not reflected in the Report. A brief discussion ensued regarding whether the Association would be interested in providing mentoring and guidance to new groups that may be looking to form as a Ratepayer Association. 4.Matters for Consideration 4.1 Director, Community Services, Report CS 07-24 Draft Recreation & Parks - Ten Year Plan & Draft Arena Strategy -Progress Update Laura Gibbs, Director, Community Services provided a brief overview of the Draft Recreation & Parks Ten Year Plan & Draft Arena Strategy and introduced the Consultant Delegation, Steve Langlois. Steve Langlois, Principal Planner, Monteith Brown Planning Consultants, appeared before Council via electronic connection, and through the aid of a PowerPoint presentation, provided an overview of the Recreation and Parks Ten Year Plan and Draft Arena Strategy. Mr. Langlois discussed the community engagement strategy including public open houses, community pop-ups, surveys, and stakeholder input. He spoke to the preliminary analysis of the Seaton - 37 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner Recreation Complex recreation requirements, including indoor pools, recreation space and arenas. Mr. Langlois then discussed the arena analysis including the current demand for arenas, the need for ice time due to the decline in organized ice sports, and the aging arena infrastructure in Pickering, and recommended that planning should begin to replace Don Beer Arena with two new ice pads within the Seaton community. Mr. Langlois provided a summary of the recommended components and concluded by speaking to the next steps for the Recreation & Parks – Ten Year Plan, and the Seaton Recreation Complex and Library. A question and answer period ensued between Members of the Committee and staff regarding: •whether residents of Seaton had been included in the community survey, iffurther engagement would take place considering the growth of the Seatoncommunity, and if the results of the survey included a breakdown of residents from Seaton that responded; •whether cricket facilities had been considered as an outdoor or indooramenity option; •clarification on the future of Don Beer Arena and the ongoing costs for maintenance; •whether there would be opportunities for community engagement in Apriland May and when a further Report would come before Council; •if there was an option in the design to include additional ice pads in Seatonin the future if required; •if the outreach in the community engagement strategy included theamalgamated sporting organizations to gauge interest in their continued use of ice pads Pickering; •whether registration trends for ice use over time were being tracked andstudied for future recommendations; •whether the size of the new larger rinks would be adapted for figureskating; and, •the rationale to exclude library space in the Strategy given that sometimestheir programming coincides with City programs. Recommendation: Moved by Councillor Butt Seconded by Councillor Cook 1.That Council receive an update on the progress of the Draft Recreation &Parks Ten Year Plan for information; - 38 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner 2.That Council receive the Draft Arena Strategy for information; and, 3.That the appropriate City officials be authorized to take the necessaryactions as outlined in this report. Carried 4.2 Director, Corporate Services & City Solicitor, Report BYL 01-24 Traffic and Parking By-law Amendment -Boulevard Parking Regulation Paul Bigioni, Director, Corporate Services & City Solicitor provided a brief overview of the purpose of the Report. A question and answer period ensued between Members of the Committee and staff regarding: •how By-law staff would address questions with respect to car lengths thatmight block or obstruct sidewalks, and how the By-law would be enforced; •confirmation that provisions for overnight parking remained unchanged in the By-law; •whether residents were responsible for maintaining any damage toboulevard grass and trees as a result of parking on the driveway apron; •timelines on the public outreach campaign and if there would be an opportunity for outreach at upcoming special events and festivals; and, •whether the City could require builders to increase the width of driveways infuture development applications. Recommendation: Moved by Councillor Butt Seconded by Councillor Cook 1.That Council approve the attached By-law amending Traffic and ParkingBy-law 6604/05; 2.That Council direct staff to implement a public outreach campaignregarding the amendments to boulevard parking regulations contained in the attached By-law; and, 3.That appropriate officials of the City of Pickering be authorized to take suchaction as necessary to give effect to the Recommendations in this report. - 39 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner Carried 4.3 Director, Corporate Services & City Solicitor, Report CLK 02-24 Ratepayer Association Policy A question and answer period ensued between Members of the Committee and staff regarding: •reviewing the comments received through Correspondence to determinewhether any changes were needed prior to the Item coming to Council for ratification; •confirmation that the collection of information through the registrationprocess would not result in personal information being disclosed to thepublic; and •clarification that the Policy would not affect the existing 1993 Agreement inplace with the Fairport Beach Neighbourhood Association regarding theuse of free meeting space. Recommendation: Moved by Councillor Pickles Seconded by Councillor Nagy 1.That Report CLK 02-24 pertaining to a Ratepayer Association Policy be received; 2.That Policy ADM 270, Ratepayer Association Policy, included asAttachment 1 to Report CLK 02-24, 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 4.4 Director, Community Services, Report CS 04-24 Council Chambers Public Art Update -Commission of Public Art A brief discussion ensued between Members of the Committee and staff regarding the process of issuing a call to artists, and whether there would be any financial impact should the project be delayed if the Item was deferred. - 40 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner Recommendation: Moved by Mayor Ashe Seconded by Councillor Cook 1.That Report CS 04-24 regarding Council Chambers Public Art Update be received; 2.That staff report back to Council regarding the selection of public art inCouncil Chambers in Q2, 2025; and, 3.That the appropriate City officials be authorized to take the necessary actions as outlined in this report. Note: The disposition of this matter was determined through the following referral motion. Moved by Councillor Robinson Seconded by Mayor Ashe That Item 4.4, Report CS 04-24, be referred to the April 22, 2024 Council Meeting for direction. Carried 4.5 Director, Community Services, Report CS 05-24 Whites & Kingston Road, Pickering – Artist Selection -Commission of Public Art Recommendation: Moved by Mayor Ashe Seconded by Councillor Cook 1.That Council endorse that the commission of public art at Kingston Roadand Whites Road in Pickering be awarded to Javid Jah; 2.That Council authorize the Director, Finance & Treasurer to finance the netproject cost of $72,042.00 to be funded by a transfer from the Public ArtReserve as approved in the 2024 Current Budget; - 41 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner a)the sum of $20,000.00 to be funded from Development Charges and transferred to the Public Art Reserve; b)the sum of $60,000.00 to be funded by the Public Art Reserve; 3.That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Javid Jah Art & Design Inc. and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable tothe Director, Community Services and the Director, Corporate Services &City Solicitor; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.6 Director, Community Services, Report CS 06-24 Greenwood Recreation Association Lease Agreement -Lease Agreement Renewal Recommendation: Moved by Mayor Ashe Seconded by Councillor Cook 1.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Greenwood Recreation Association set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director,Community Services and the Director, Corporate Services & City Solicitor;and, 2.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Carried 4.7 Director, Engineering Services, Report ENG 05-24 Asphalt Resurfacing on Various City Streets Tender No. T2024-2 A brief discussion ensued between Members of the Committee and staff regarding: - 42 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner •whether there was a plan in place for the priority of asphalt resurfacing onthe streets listed in the Report; •whether the project would be completed in 2024; and, •the condition of line painting. Recommendation: Moved by Councillor Butt Seconded by Councillor Cook 1.That Tender No. T2024-2 for Asphalt Resurfacing on Various City Streetsas submitted by Viola Management Inc. in the total tendered amount of$3,081,682.61 (HST included) be accepted; 2.That the total gross project cost of $3,587,205.00 (HST included), includingthe tendered amount, geotechnical investigation reports and materialtesting services, a contingency and other associated costs, and the total netproject cost of $3,230,389.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $3,230,389.00 as approved in the 2024 RoadsCapital Budgets as follows: a)That the sum of $1,533,811.00 to be funded from the Roads & BridgesReserve Fund as approved in the 2024 Capital Budget for Edmund Drive, Foxwood Trail, Bushmill Street and Pickering Parkway be revised to the OCIF Reserve Fund; b)That the sum of $1,696,578.00 to be funded from the CCBF ReserveFund for the remaining streets as approved in the 2024 Capital Budget;and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.8 Fire Chief, Report FIR 03-24 Oshawa-Pickering Fire Dispatch Service Agreement Recommendation: - 43 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner Moved by Councillor Butt Seconded by Councillor Cook 1.That Council approve the attached Fire Communications ServicesAgreement to outsource fire call taking and dispatch services to the City of Oshawa; 2.That the Fire Chief be authorized to execute the Fire CommunicationsServices Agreement substantially in the form attached hereto, subject torevisions satisfactory to the Fire Chief and the Director, Corporate Services& City Solicitor; 3.That the Chief Administrative Officer and the Fire Chief be authorized to take such actions as are necessary to terminate the existing DispatchAgreement with the Town of Ajax by mutual agreement of the parties, suchtermination to be effective as of the beginning of the term of the new FireCommunications Services Agreement; and, 4.That appropriate officials of the City of Pickering be authorized to take such action as is necessary to give effect to the recommendations in this report. Carried 5.Member Updates on Committees There were no updates from Members on Committees. 6.Other Business 6.1 Councillor Robinson gave notice of a Motion to rescind the prior Council decision pertaining to Item 4.4, Council Chambers Public Art. 6.2 Councillor Butt gave notice of a Motion regarding a property of a place of worship 6.3 Councillor Pickles gave notice of a Motion for an amendment to the Procedure By- law to better serve City of Pickering residents. 7.Adjournment Moved by Councillor Cook Seconded by Councillor Nagy - 44 - Executive Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 3:30 pm. - 45 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Present: Mayor Kevin Ashe Councillors: M. BrennerS. ButtL. Cook M. NagyD. 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 L. Gibbs -Director, Community Services B. Duffield -Director, Operations R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects J. Halsall -Division Head, Finance S. Cassel -City Clerk C. Redmond -(Acting) Deputy Clerk 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2.Disclosure of Interest No disclosures of interest were noted. Mayor Ashe opened the Meeting by providing remarks relating to the number of incidences of lack of respect for the rules of procedure at the March 25, 2024 Council Meeting. Mayor Ashe advised that going forward, the rules of procedure would be strictlyenforced, and that if Council breached the rules they would be provided one chance afterwhich they would not be recognized for the rest of the meeting in accordance with theProcedure By-law. 3.New and Unfinished Business -46 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 3.1 Fire Chief, Report FIR 02-24 Extension of NextGen Communications Interoperability and Radio System User Agreement to Additional Users (Elexicon Energy) A discussion ensued between Members of Council and staff regarding: •confirmation that residents would continue to contact Elexicon Energy incase of power outages; •whether the original agreement could be provided to Council; •why Elexicon Energy was interested in entering into the Radio System UseAgreement; and, •the operational cost savings to all current users, and the number of userson the system. Resolution #448/24 Moved by Councillor Brenner Seconded by Councillor Butt 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 setout in Attachment 1 of Report FIR 02-24, subject to minor revisions as maybe required by the Fire Chief and the Director, Corporate Services & CitySolicitor; 2.That the Fire Chief be authorized to execute this agreement and futureagreements adding new parties to the NextGen CommunicationsInteroperability and Radio System Use Agreement on terms satisfactory tothe Fire Chief and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate City of Pickering officials be authorized to take thenecessary actions to give effect hereto. Carried 4.Motions and Notice of Motions 4.1 Commemorative Bench Recognition – Paul White A brief discussion ensued regarding Mr. White’s accomplishments in the community. -47 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Resolution # 449/24 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 commemorative bench orotherwise recognizing Paul White; and, 2.That staff report back to Council with their recommendations no later thanQ2 of 2024. Carried Unanimously on a Recorded Vote 4.2 Recognition of Ernie Arthur Coombs A brief discussion ensued between Members of Council regarding Mr. Coombs accomplishments and the importance of celebrating his life achievements. Resolution # 450/24 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; - 48 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 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 beconfirmed to celebrate the life of Ernie Coombs; 2.That, as per Section 8.01 of CUL 130, Public Art Policy, the artwork becommissioned 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 tofinalizing the artist selection; and, 4.That staff report back to Council no later than Q4 of 2024. Carried Unanimously on a Recorded Vote 4.3 Casino Revenue Sharing and MOU with Durham Region The Chair ruled that the motion pertaining to Casino Revenue Sharing and MOU with the Durham Region was out of order. This matter was not debated or disposed of by Council. 4.4 Request to Ontario Human Rights Commission A discussion ensued between Members of Council regarding: •the importance of understanding the Human Rights Code and why theHuman Rights Commission was being asked to hold a Public InterestInquiry; -49 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting •clarification that the motion was not asking for an investigation, but anopportunity for engagement where there was public interest, to assist theCity with tools to repair the damage that has been done in the community, and a process to deal with complaints, including advocating for legislated changes; •the motion adding to the recent correspondence from the Association ofMunicipalities of Ontario’s asking the Province to amend legislation to strengthen Codes of Conduct; •the process and timing of the mandatory training for all Members of Counciland City staff on the Human Rights Code, including all forms of racism,discrimination and prejudice; •the support from a delegate at the February Council meeting for the PublicInterest Inquiry; and, •the antics in the Chambers not serving the community and the motion seeking to address the harm and the assault on democratic processes in order that the business of the City could be conducted. Resolution #451/24 Moved by Councillor Brenner 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 -50 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 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 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; -51 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 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; 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 anopportunity for the Commission to hear from individuals and/or organizationson the need to enshrine in the Municipal Act, tools that can address theconduct of an elected Official who engages in behaviour that promotesracism, 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 forall Members of Council and Staff on the Ontario Human Rights Code,including all forms of Racism, Discrimination and Prejudice, as well as waysto heal the impact that was caused in the community; -52 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 3.That a copy of the October 13, 2023, Pickering Integrity Commissioner’sreport, be sent to the Chief Commissioner, Ontario Human RightsCommission; 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 ofDurham, the City of Pickering Integrity Commissioner; and all DurhamRegion MPPs. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 5.Regional Councillor Updates There were no updates from Regional Councillors. 6.Other Business 6.1 Councillor Cook gave Notice of a Motion regarding a Veteran’s parking spacedesignation at all City owned facilities. 6.2 Councillor Robinson asked for clarification on the process should there be technical difficulties with the livestream of Council and Standing Committee Meetings, whether closed captioning was an option for the livestream, and her concerns with white noise. Councillor Robinson asked for further clarification regarding the amount charged for Freedom of Information Requests, and whether the City would bring back accepting cash payments from residents at City facilities. 6.3 Councillor Pickles referred to a recent statement by the Durham Region Medical Officer of Health and the importance of keeping up-to-date with measles vaccinations and encouraged residents to consult with their health care professionals if they had any questions. - 53 - Special Council Meeting Minutes April 2, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 7.Confirmatory By-law By-law Number 8096/24 Councillor Cook, seconded by Councillor Brenner moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of April 2, 2024. Carried 8.Adjournment Moved by Councillor ButtSeconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 5:00 pm. Dated this 2nd day of April, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk - 54 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D. Pickles L. Robinson – arrived at 7:01 p.m. 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. Cassel -City Clerk C. Rose -Chief Planner D. Jacobs -Manager, Policy & Geomatics N. Surti -Division Head, Development Review & Urban Design D. Wylie -Manager, Zoning & Administration C. Celebre -Principal Planner, Strategic Initiatives M. Lau -Senior Planner, Zoning & Administration C. Redmond -(Acting) Deputy Clerk 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 Robinson. 2.Disclosure of Interest No disclosures of interest were noted. 3.Statutory Public Meetings Councillor Butt, Chair, gave an overview of the requirements for a Statutory PublicMeeting under the Planning Act. He outlined the order of matters under the Statutory Public Meeting section, as well as the notification process procedures and noted that if a - 55 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of OLT, there are reasonable grounds to do so. Information Reports 3.1 Information Report No. 01-24 Zoning By-law Amendment Application A 01/24 City Initiated: City of Pickering Consolidated Zoning By-law A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Catherine Rose, Chief Planner, provided a brief introduction to the Zoning By-Law Amendment Application A 01/24, and introduced Bobby Gauthier, Principal, Urban and Community Planning, Transportation and Infrastructure, WSP Canada Group Ltd, and Will Lamond, Senior Planner, WSP Canada Group Ltd. Mr. Gauthier appeared before the Committee and provided an overview of the Zoning Bylaw Amendment Application A 01/24. Through the aid of a PowerPoint presentation, Mr. Gauthier advised that the goal of the Project was to prepare a City-wide Consolidated Zoning By-law. He discussed the definition of zoning, the timelines and process of the Project, the Project deliverables of the first and second drafts of the Zoning By-law, the public release of the second draft of the Zoning By-law, a summary of the public engagement activities, the consolidation of the exceptions zones, the new provisions included in the second draft, and the accommodation for parking spaces in private garages. He concluded by providing the next steps in the application process to finalize the Zoning By-Law. A question and answer period ensued between Members of the Committee, Mr. Gauthier and staff regarding: •whether responses were provided to all interested parties who hadquestions about the Application, and if there was still an opportunity for residents to provide comments; •whether the general regulation for prohibiting nightclubs near residentialzones included a provision for grandfathering existing nightclubs andoutdoor patios; and, •how the separation distance between nightclubs and residential zones weredetermined, and how the separation distance compared with Zoning By-laws from other municipalities. - 56 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 3.2 Tharaneetharan Vinayagamoorthy, Pickering Resident, appeared before the Committee to speak to Information Report 01-24. Through the aid of a PowerPoint presentation, Mr. Vinayagamoorthy advised that his comments to staff had not been addressed in the second draft. He discussed his concerns in the Report that would change the zoning of his property from Rural Agriculture to Urban Reserve. He concluded by asking Council to consider changing the zoning for his property from Rural Agriculture to Residential or Mixed Residential. A brief discussion ensued between Members of the Committee who asked that Mr. Vinayagamoorthy follow up with staff regarding his comments. 3.3 Craig Bamford, Pickering Resident, appeared before the Committee regarding Report PLN 01-24. Mr. Bamford spoke to his concerns regarding the lands acquired by the City of Pickering and the Toronto Region Conservation Authority (TRCA), for public use along the waterfront from Westshore Boulevard to the Rouge River, as the properties were still zoned as Residential. He commented that the Fairport Beach Neighbourhood Association would be submitting a request to amend the zoning of the lands between Petticoat Creek and Westshore Boulevard. He advised that he wanted to follow up on a letter from the TRCA to the Rouge National Urban Park Study Impact Assessment Agency of Canada regarding the Draft Terms of Reference of the Rouge National Urban Park Study and noted that he would provide an electronic copy to staff. Mr. Bamford expressed his concerns with the Ministerial Zoning language of the Ministers Zoning Order on the Duffins Rouge Agricultural Reserve, and concluded by asking staff to meet with Stop Sprawl Durham to discuss their concerns with the Report. 4.Delegations 4.1 Mallory Nievas, Associate, The Biglieri Group Ltd.Chris Robinson, Director, Habitat for Humanity GTA Jane Renwick, Executive Vice-President, Sevoy Developments Lilly Wu, Director of Development, Sevoy Developments Re: Report PLN 08-24 Zoning By-law Amendment Application A 01/23 Pickering Valley Developments Limited 1525 Pickering Parkway Mallory Nievas, Associate, The Biglieri Group Ltd., Chris Robinson, Director, Habitat for Humanity GTA, Jane Renwick, Executive Vice-President, Sevoy Developments, and Lilly Wu, Director of Development, Sevoy Developments, appeared before the Committee regarding Report PLN 08-24. Through the aid of a PowerPoint presentation, Ms. Nievas, provided an overview of the proposed - 57 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt development and background information on policy context, the various features in the Site Plan, the location of the buildings, the artist’s renderings from various perspectives, affordable housing options and next steps. Mr. Nievas concluded by advising that they were in support of the staff recommendations in Report PLN 08-24. A question and answer period ensued between Members of the Committee and staff regarding: •whether a children’s play area was included in the rooftop amenity area; •clarification of the location of the 6 storey podium, the amenities area, andthe residential and parking areas; •whether they had clarified with the neighbour that there were noencroachments; •whether there was a provision for storage or locker space for residents inthe underground levels; •the results of the shadow study that was completed, and why the studies were only completed for four months of the year; •where residents would be allowed to park as a result of the reduction ofparking spaces, the rationale for the reduction of parking spaces,confirmation of the number of parking spaces, and the options for purchasing parking spaces; •the process on how the affordable housing unit would be donated to Habitatfor Humanity, how the unit would be awarded to the purchaser, and how the process differs from other affordable housing options; and, •clarification on the criteria that Habitat for Humanity used for clients toqualify for the unit. 4.2 Duncan Webster, Senior Development Manager, TACC Developments Re: Report PLN 09-24 Request for Redline Revision of Draft Plan of Subdivision Application SP-2008-12 (R) Revised Zoning By-law Amendment Application A 07/23 Taccgate Developments Inc. Part of Lots 23 and 24, Concession 4 Seaton Community Duncan Webster, Senior Development Manager, TACC Developments appeared before the Committee regard PLN 09-24. Mr. Webster advised that the reason for the request for the Redline Revision of the Draft Plan of Subdivision was to modernize the Plan, introduce a commercial plaza, and address parking needs. - 58 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt He concluded by advising that they were in agreement with the staff recommendations in the Report. A question and answer period ensued between Members of the Committee and Mr. Webster regarding: •confirmation that purchasing agreements would articulate that theneighbouring properties would be built out in the future with commercial orhigh density residential properties; •whether each unit would have two parking spaces assigned to it, one in the garage and one on the driveway; and, •whether snow removal would be a City of Pickering responsibility. 5.Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 08-24Zoning By-law Amendment Application A 01/23 Pickering Valley Developments Limited 1525 Pickering Parkway A question and answer period ensued between Members of the Committee and staff regarding: •the reduced parking requirements of the City Centre By-law; •a new federal funding program for affordable housing that municipalitiescan apply for that includes criteria for buildings in proximity to majortransportation stations that would affect parking spaces; and, •concerns with the decrease in parking spaces for the development. Recommendation: Moved by Councillor Pickles Seconded by Mayor Ashe That Zoning By-law Amendment Application A 01/23, submitted by Pickering Valley Developments Limited, to permit a 40-storey residential condominium building containing 571 residential units, located at the southeast corner of the intersection of Pickering Parkway and Valley Farm Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 08-24, be finalized and forwarded to Council for enactment. Carried - 59 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 5.2 Director, City Development & CBO, Report PLN 09-24 Request for Redline Revision of Draft Plan of Subdivision Application SP-2008-12 (R) Revised Zoning By-law Amendment Application A 07/23 Taccgate Developments Inc. Part of Lots 23 and 24, Concession 4 Seaton Community A brief discussion ensued between Members of the Committee and staff regarding: •whether the parking spaces for residential dwelling units contained twospaces per unit and confirmation of the location of those spaces; •concerns with snow removal processes; and, •whether on street parking was deemed as visitor parking and would have tocomply with City By-laws. Recommendation: Moved by Councillor Cook Seconded by Councillor Brenner 1.That the Revision to Draft Plan of Subdivision SP-2008-12 (R), submitted by Taccgate Developments Inc., to permit a redline revision to a draft approved plan of subdivision on lands being Part of Lots 23 and 24,Concession 4, as shown on the Applicant’s Revised Draft Plan ofSubdivision, Attachment 5 to Report PLN 09-24, be endorsed; 2.That the proposed amendment to the conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2008-12 (R), as set out in Appendix I to Report PLN 09-24, be endorsed; 3.That the Ontario Land Tribunal (OLT) be advised of City Council’s decisionon the request for a redline revision to Draft Plan of Subdivision SP-2008-12 (R), and that the City Solicitor be authorized to attend any OLT hearing on the required red-line revision; and, 4.That Zoning By-law Amendment Application A 07/23, submitted byTaccgate Developments Inc., to implement the redline revision to Draft Planof Subdivision SP-2008-12 (R) be approved, and that the draft Zoning By-law Amendment as set out in Appendix II to Report PLN 09-24, be finalized, and forwarded to Council for enactment. - 60 - Planning & Development Committee Meeting Minutes April 2, 2024 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt Carried 6.Member Updates on Committees There were no updates from Members of Committees. 7.Other Business 7.1 Councillor Cook noted that it was World Autism Awareness Day. 8.Adjournment Moved by Councillor RobinsonSeconded by Councillor Pickles That the meeting be adjourned. Carried The meeting adjourned at 8:31 pm. - 61 - Principles Integrity April, 2024 Integrity Commissioner’s Annual Report City of Pickering Principles Integrity is pleased to submit this annual report, covering the period from our appointment in November 2022 to the end of March 2024. We serve as both Integrity Commissioner and Lobbyist Registrar for the City of Pickering. The purpose of an Integrity Commissioner’s annual report is to provide the public with the opportunity to understand the ethical well-being of the City’s elected and appointed officials through the lens of our activities. About Us: Principles Integrity is a partnership focused on accountability and governance matters for municipalities. Principles Integrity currently serves as Integrity Commissioner (and as Lobbyist Registrar/Closed Meeting Investigator/Municipal Ombudsman for some clients) in over 60 Ontario municipalities and other public bodies. The Role of Integrity Commissioner, Generally: An Integrity Commissioner’s statutory role is to carry out, in an independent manner, the following functions: •Advice on ethical policy development • Education on matters relating to ethical behaviour •Providing on request, advice and opinions to Council, members of Council and members of Local Boards •Providing a mechanism to receive inquiries (often referred to as ‘complaints’) which allege a breach of ethical responsibilities • Resolving complaints informally, where appropriate, and • Investigating, reporting and making recommendations to Council on those complaints that cannot be resolved informally, while being guided by Council’s codes, policies and protocols. This might contrast with the popular yet incorrect view that the role of the Integrity Commissioner is primarily to hold elected officials to account; to investigate alleged transgressions and to recommend ‘punishment’. The better view is that Integrity Commissioners serve as an independent resource, coach, and guide, focused on enhancing the municipality’s ethical culture. The operating philosophy of Principles Integrity recites this perspective. We believe there is one overarching objective for a municipality in appointing an Integrity Commissioner, and that is to raise the public’s perception that its elected and appointed officials conduct themselves Corr.11-24 - 62 - Principles Integrity with integrity: The perception that a community’s elected representatives are operating with integrity is the glue which sustains local democracy. We live in a time when citizens are skeptical of their elected representatives at all levels. The overarching objective in appointing an Integrity Commissioner is to ensure the existence of robust and effective policies, procedures, and mechanisms that enhance the citizen’s perception that their Council (and local boards) meet established ethical standards and where they do not, there exists a review mechanism that serves the public interest. The practical effect of achieving this objective is an increase in trust, respect and engagement in municipal affairs. In carrying out our broad functions, the role falls into two principal areas. ‘Municipal Act’ functions, focused on codes of conduct and other policies relating to ethical behaviour, and ‘MCIA’ or Municipal Conflict of Interest Act functions. From an activity perspective, an Integrity Commissioner’s role can be depicted this way: The emphasis of Principles Integrity is to help municipalities enhance their ethical foundations and reputations through the drafting of effective codes of conduct and other policies governing ethical behaviour, to provide meaningful education related to such policies, and to provide pragmatic binding advice to Members seeking clarification on ethical issues. As noted in the graphic, we believe that the support we give to Members of Council increases the public’s perception of them, which in turn leads to greater trust, respect and engagement. Because the development of policy and the provision of education and advice is not in every Generallynot applicable Code Complaints TRUST, RESPECT, ENGAGEMENT Orientation, Annual or Specific Training, Annual Reports, Lessons Learned from Complaints Educational Independent triage, investigation, disposition and/or reporting Code Complaints Governance Advice Closed Meeting InvestigationsAdvocacy As Assigned Assistance in the preparation and adoption of Codes of Conduct and Policies governing ethical behaviour Consulting The Key function of an Integrity Commissioner. Guidance can ‘bulletproof’ Advisory Address most allegations within the Code framework; potential for Court application Municipal Conflict of Interest Act Complaints Council Local Board Council Local Board Council Local Board Council Local Board Council Local Board Council Local Board Similar, however usually administered in groups Of similar importance for Local Board Members - 63 - Principles Integrity case a full solution, the broad role of the Integrity Commissioner includes the function of seeking and facilitating resolutions when allegations of ethical transgressions are made, and, where it is appropriate and in the public interest to do so, conducting and reporting on formal investigations. This in our view is best seen as a residual and not primary role. Confidentiality: Much of the work of an Integrity Commissioner is done under a cloak of confidentiality. While in most cases secrecy is required by statute, the promise of confidentiality also encourages full disclosure by the people who engage with us. We maintain the discretion to release confidential information when it is necessary to do so for the purposes of a public report, but those disclosures would be limited and rare. City of Pickering Activity: During the period covered by this report, we have been engaged in a relatively high level of activity as Integrity Commissioner for the City of Pickering which subdivides roughly into three categories: 1. Policy Development and Education During the period covered by this report, we provided education and training on the Code of Conduct to Council as part of its post-election orientation on November 25, 2022. On June 26, 2023 we attended Council to provide training with respect to implementation of the recently-adopted Lobbyist Registry. On February 26, 2024 we attended Council to provide refresher training on good governance practices in support of proper ethical behaviour. 2. Advice The advice function of the Integrity Commissioner is available to all Members of Council and Members of local boards on matters relating to the code of conduct, the Municipal Conflict of Interest Act and any other matter touching upon the ethical conduct of Members. Advice provided by the Integrity Commissioner is confidential and independent, and where all the relevant facts are disclosed, is binding upon the Integrity Commissioner. Our advice is typically provided in a short Advice Memorandum which confirms all relevant facts and provides with clarity our analysis and a recommended course of action. During the period covered by this report, we responded to 11 such confidential requests for advice. 3. Complaint Investigation and Resolution Our approach to reviewing complaints starts with a determination as to whether an inquiry to us is within our jurisdiction, is beyond a trifling matter, is not either frivolous or vexatious, and importantly, whether in its totality it is in the public interest to pursue. We always look to the possibility of informal resolution in favour of formal investigation and - 64 - Principles Integrity reporting. Once a formal investigation is commenced, the opportunity to seek informal resolution is not abandoned. Where we are able to resolve a matter without concluding a formal investigation, our practice is to provide a written explanation in the form of a Disposition Letter to the complainant to close the matter. Often the respondent Member is involved in preliminary fact-finding and will also be provided with a summary of the disposition. Where formal investigations commence, they are conducted under the tenets of procedural fairness and Members are confidentially provided with the name of the Complainant when that information is necessary to enable them to respond to the allegations raised. During the period covered by this report, 27 complaints have been received. On two occasions, we have provided Recommendation Reports to Council at the conclusion of our investigation, but the majority of these complaints have been concluded by disposition letter. In the case of a disposition letter, both the complainant and respondent-member receive a copy of our disposition. Currently, two applications for judicial review are proceeding before the court in regard to the two Recommendation Reports to Council. Ethical Themes Around the Province: With due regard to our obligation to maintain confidentiality, this annual report enables us to identify learning opportunities from advice requests and investigations conducted in a variety of municipalities. Disclosure of confidential information from closed meeting sessions There have been some examples where elected or appointed officials fail to recognize the serious implications of disclosing confidential information, particularly information learned of through attendance in closed session. A Member’s obligation to maintain confidentiality is clear. They may not unilaterally decide to share confidential information, even if they believe the information should be publicly disclosed. This extends to releasing information even to their own legal counsel to obtain a ‘second opinion’. We treat this breach of ethical responsibility as breach of a cardinal rule, and if an allegation in this regard is proved to be true, it tends to attract a recommended sanction at the upper end of the prescribed range. Left unchecked, confidentiality breaches undermine not only Council’s interests on the matter subject to the breach, but destroys the trust required of elected officials, and the staff that support them, to ensure that all relevant, and sensitive, information required to support the deliberation on a matter is freely supplied. Non-disparagement - 65 - Principles Integrity One area of prominence continues to be the failure of some Members of Council to adhere to rules against disparagement. Members of Council are entitled, and indeed expected, to disagree on all manner of issues. However, one of the cornerstones to democracy must be the recognition that different opinions and perspectives are to be respected, and disagreement should not devolve into disrespect, disparagement and name-calling. Disrespectful interactions and/treatment of others can fall along a continuum which may manifest as occasional incivility and micro-aggressions, but when unchecked can culminate in bullying and harassment. Members of Council should be mindful to treat each other, staff and the public with appropriate respect and professionalism at all times. Some Members of Council hold a view was that they are entitled to their freely express their opinion, even if that includes disparagement of others, and so long as they share it via personal email, and not on the municipal server, they are not constrained by any rules around decorum. This is incorrect. Members are bound by the Code provisions of respectful and non-disparaging communication, whether sharing views on their own email, social media, or elsewhere. Participation in social media discussions lends its own opportunity for attracting Code of Conduct complaints alleging disparagement. Members should be mindful that comments can be used or amplified in ways that bring municipal integrity into disrepute. It is important that Members be careful, accurate, and non-disparaging even as they attempt to offer what they see as a fair critique of municipal policy and actions. Municipal policy is advanced through the deliberations of Council and so wherever possible the focus should be on facilitating a discussion ‘in the Chamber’, and not in internet channels, so the general public, staff, and Council colleagues, can participate in the mechanisms through which a variety of important interests can be balanced and distilled into Council decisions made through democratic process. Regardless of the medium, regardless of the intended audience, and regardless of motive, we have observed several instances where Members of Council in municipalities around the province have been found to have breached ethical standards by saying or recording things they have come to regret. Recognizing and avoiding conflicts of interest Recognizing and appropriately avoiding conflicts of interest when they arise is the topic of most advice requests we receive. As confirmed by the Collingwood Judicial Inquiry (November 2020) there can be a complex array of circumstances that can give rise to conflicts of interest, including those that though not covered by the Municipal Conflict of Interest Act, are nevertheless covered by the common law In any event, obtaining clear and reliable advice from the Integrity Commissioner can help avoid costly and time-consuming investigations if there is any uncertainty about the application of the Rule. Staying in your lane - 66 - Principles Integrity One area of concern that continues to arise relates to members of Council overstepping their role, attempting to ‘take the reins’ to fix a constituent’s problem, or directing staff how to do their job. Members of Council serve an important role in putting constituents in touch with appropriate staff, and leading them to established processes, but it is important to strike the correct balance between guiding constituents and becoming their advocate. It continues to be the case that elected officials attempt to inject themselves in quasi- judicial matters such as by-law enforcement, or with respect to insurance claims. While it is important for Council to retain an oversight role, and have the ability to monitor how its by-laws and programs affect the community, file-level interference by individual elected officials must be avoided. In municipalities subject to ‘stronger mayor powers1’ the question arises as to whether a mayor with those powers can give direction to staff beyond the specific circumstances mentioned in the Act (essentially to carry out ‘Mayoral Decisions’ authorized by the Act, or to direct that staff conduct research and provide advice). For non-‘stronger mayors’ and for stronger mayors exceeding their jurisdiction, inappropriate interference arises because of a misinterpretation of the Municipal Act provision which identifies the role of the Head of Council as ‘Chief Executive Officer’. This provision has led to confusion and, occasionally, overreach by Heads of Council in erroneously perceiving a role leading the municipality’s administration. Elected officials – even Heads of Council – have no role in the day-to-day administration of municipal government unless specifically authorized by statute. Failing to recognize this, stepping outside of their proper role as elected officials to ‘take the reins’ of administration, undermines staff and can be perceived as interfering with management. This overstepping of the proper role by Members, even Mayors, must be recognized as inappropriate under the Code of Conduct and the Council-Staff Relations Policy, both mandated under the Municipal Act. As always, obtaining clear and reliable advice can help avoid a costly and time-consuming investigation. The Role of Lobbyist Registrar, Generally: In May 2023 the City launched a Lobbyist Registry which included a successful education campaign to lobbyists, public office holders, and the general public, outlining the purpose and benefits of a Lobbyist Registry and the associated responsibilities of the Lobbyist. The Registry is an online tool that documents substantive communication between those who lobby and City staff/Council Members/Public Office Holders, such as through 1 The recent amendments to the Municipal Act which provide designated mayors to make unilateral decisions with respect to municipal organization and prescribed provincial interests is neither indicative of non-designated mayors being ‘weak’, nor representative of the extensive powers American ‘strong mayors’ have, particularly in light of the role partisan politics plays in electing administrators there. - 67 - Principles Integrity telephone calls, meetings, and e-mails, in a centralized database that is easy to access and search by the public and interested stakeholders. The role of the Lobbyist Registrar, once the Registry is established and the by-law is in place, is to advise regarding interpretation of the by-law, provide education and training in implementation, and respond to complaints under the by-law. The initial six-month penalty free period of the Lobbyist Registry focused on the implementation and continued education and promotion of the Registry as part of the City’s Accountability and Transparency Framework. Lobbyist Registry Activities During the period covered by this report, 34 lobbyist profiles have been registered. Voluntary Lobbyists make up 14% of 34 Profiles, the remaining 86% is almost evenly distributed between In-House Lobbyists and Consultant Lobbyists. Eighteen percent of Lobbying Activities have been focused on Planning & Development as the Subject Matter. The other areas of lobbying activity include arts and culture, budget, economic development, environment, technology, and electric vehicle charging. Conclusion: We look forward to continuing to work with Members of Council to ensure a strong ethical framework. We embrace the opportunity to elevate Members’ familiarity with their obligations under the Code and to respond to emerging issues. As always, we welcome Members’ questions and look forward to continuing to serve as your Integrity Commissioner. It has been a privilege to assist you in your work by providing advice about the Code of Conduct, the Lobbying Registry, and in resolving complaints. We recognize that public service is not easy and the ethical issues that arise can be challenging. The public rightly demands the highest standard from those who serve them, and we congratulate Council for its aspirational objective to strive to meet that standard. Finally, we wish to thank the Clerk for their professionalism and assistance where required. Although an Integrity Commissioner is not part of the administrative hierarchy, the work of our office depends on the facilitation of access to information and policy in order to carry out the mandate. This was done willingly and efficiently by the staff of the municipality. - 68 - Memo To: Mayor Ashe and April 22, 2024 Members of Council From: Emily Game Senior Planner, Heritage Copy: Chief Administrative Officer Directors Chief Planner Subject: Heritage Pickering Advisory Committee -2023 Year End Report and 2024 Workplan The Heritage Pickering Advisory Committee (Heritage Pickering) is pleased to present its 2023 accomplishments and 2024 Workplan. Heritage Pickering held eight meetings in 2023 and the following tasks were completed: 2023 Accomplishments Heritage Permit Review and Approval under Part IV and V of the Ontario Heritage Act •Received information regarding a heritage permit (HP 01/23), submitted by the propertyowner, for the demolition of a structure designated under Part V of the Ontario Heritage Act(270 Whitevale Road). The scope of work included the demolition of the existing one-and-a-half storey dwelling and the construction of a two-and-a-half storey dwelling with a multi- pitched hipped roof and a prominent street-facing garage. The proposed redevelopmentwas found to not be in keeping with the Heritage Conservation District Guidelines and Citystaff encouraged the property owner to consult with staff to discuss the next steps.No additional information was submitted by the property owner. •Received information regarding a heritage permit (HP 02/23), submitted by the property owner, for the demolition of a structure designated under Part V of the Ontario Heritage Act(459 Churchwin Street). The scope of work included the demolition of the existing one-and- a-half storey structure to facilitate the construction of a new detached dwelling. HeritagePickering recommended the approval of the request to demolish the structure to allow for the construction of the new dwelling. •Received information regarding a heritage permit (HP 03/23), submitted by InfrastructureOntario, for the demolition of a structure designated under Part V of the Ontario HeritageAct (860 Whitevale Road). The Cultural Heritage Evaluation Report completed for the property determined it did not have Cultural Heritage Value or Interest. Heritage Pickering recommended approval of the request to demolish the detached dwelling and accessorybuildings as requested. Corr.12-24 - 69 - April 22, 2024 Page 2 of 4 HPAC 2023 Year End Report and 2024 Workplan • Received information from staff regarding a heritage permit (HP 04/23), submitted by the City of Pickering, for the Greenwood Schoolhouse located at 3540 Westney Road North. The scope of work included brick replacement to match the existing bricks, mortar replacement using a limestone base mortar, repair/replacement of the concrete masonry units at the front entrance, removal, and replacement of the metal railing at the front entrance to facilitate concrete repairs, and hand washing to remove the efflorescence on the south and east side of the building. In accordance with By-law 7651/18, the heritage permit was approved by the Director, City Development & CBO. • Received information regarding a heritage permit (HP 05/23), submitted by CapLink Limited for emergency roof repairs at 815 Highway 7. The scope of work included the replacement of shingles over the existing roof, the replacement of exhaust roof vents, and the installation of new flashing and chimney caps. In accordance with By-law 7651/18, the heritage permit was approved by the Director, City Development & CBO. Advising Council on Listing or Designation of Heritage Properties • Completed a review of the City of Pickering Municipal Heritage Register to identify properties worthy of designation. As a result of previous recommendations of Heritage Pickering, Council endorsed the Part IV designation of three properties on the City of Pickering Municipal Heritage Register in 2023, including 1294 Kingston Road, 450 Finch Avenue, and 4993 Brock Road. • As a result of previous recommendations of Heritage Pickering, City staff recommended the Part IV designation of three properties in 2023, including 301 Kingston Road, 401 Kingston Road, and 1 Evelyn Avenue; these items were deferred back to staff. Consultation and comment on Planning Applications & Infrastructure Projects • Received information regarding the Draft Plan of Subdivision Application (SP-2020-02), and Zoning By-law Amendment Application (A 10/20), submitted by Pickering Forest Inc. Heritage Pickering supported the applicant’s proposal to retain and relocate the Dixon Farmhouse (450 Finch Avenue). • Received information regarding the demolition of a barn and agricultural outbuildings at 3440 Elsa Storry Avenue, submitted by Seaton TFPM Inc. The Cultural Heritage Evaluation, Documentation and Salvage Report prepared by Archaeological Services Inc. determined the agricultural buildings and remaining landscape do not meet Ontario Regulation 906 and therefore do not retain Cultural Heritage Value or Interest. Heritage Pickering Advisory Committee did not object to the demolition of the barn and agricultural outbuildings at 3440 Elsa Storry Avenue. • Received information regarding the proposed Official Plan Amendment (OPA22-004/P) and Zoning By-law Amendment (A011/22), submitted by Kindred Works (United Church of Canada). The applications propose townhouse dwellings on the property at 1066 Dunbarton Road, while retaining the original 1877 church building. Heritage Pickering supported the proposal to retain and conserve the portion of the Church, constructed in 1877, and the Part IV designation of the church under Section 29 of the Ontario Heritage Act. - 70 - April 22, 2024 Page 3 of 4 HPAC 2023 Year End Report and 2024 Workplan • Received information regarding applications for Draft Plan of Subdivision Application (SP-2023-03), and Zoning By-Law Amendment (A 11/23), submitted by CapLink Limited, to permit a food manufacturing facility in the Pickering Innovation Corridor Neighbourhood in Seaton. CapLink proposed the demolition of the house and barn at 575 Highway 7 (Vardon House) to facilitate the construction of the manufacturing facility. Heritage Pickering was supportive of the removal/dismantling of the Vardon House and associated barn on the subject property, subject to several conditions. • Reviewed information and provided input to Infrastructure Ontario for the proposed demolition of the structure at 1740 Fifth Concession Road. The property, located within the Seaton Lands, is not included as a listed or designated property on the City of Pickering Municipal Heritage Register. The Cultural Heritage Evaluation Report determined the property did not retain Cultural Heritage Value or Interest. City staff did not object to the demolition of the structure. • Reviewed information and provided input to Infrastructure Ontario for the Class B Environmental Assessment as part of the proposed demolition of four residential properties in Pickering. • Provided input for the Whitevale Master Drainage Project, ensuring it meets the intent of the Whitevale Heritage Conservation District Guidelines. Implementation of Heritage Programs and Guidance • Established the Heritage Tax Rebate Program in December 2023. The purpose of the program is to provide property tax relief for eligible heritage properties as an incentive for owners to make regular investments in the maintenance and preservation of their properties. • Heritage Pickering approved the Terms of Reference for Heritage Impact Assessments. 2024 Work Plan • Through the Site Plan Approval process, work collaboratively with CapLink Limited regarding the relocation, and the proposed addition for the Percy House. Heritage Pickering will move forward with the Part IV designation of the Percy House, ensuring it is designated before January 1, 2025. • Work collaboratively with Beachview Homes regarding the retention and relocation of the Dixon Farmhouse at 450 Finch Avenue. In addition, Heritage Pickering will provide comments on the final siting, restoration details, and proposed rear addition and finalize the designation of the property under Part IV of the Ontario Heritage Act. • Work collaboratively with Geranium Homes regarding the retention and conservation of the G.M. Forsyth House at 5113 Old Brock Road. Provide comments on the final landscape plan, Commemoration and Interpretation Plan, and bring forward the designation of the property under Part IV of the Ontario Heritage Act to Council. - 71 - April 22, 2024 Page 4 of 4 HPAC 2023 Year End Report and 2024 Workplan • Prepare the plaque text and coordinate the installation of the commemorative plaque for the property at 560 Park Crescent (Nesbit-Newman House). • Continue to review Heritage Permit applications for properties located in the Whitevale Heritage Conservation District, and for individually designated properties. • Continue to provide recommendations regarding heritage lots in Seaton and pursue designation opportunities. • Collaborate with Kindred Works (United Church of Canada) on preserving and conserving the 1877 church building located at 1066 Dunbarton Road. Provide feedback on the site design, and Conservation Plan. Heritage Pickering will bring forward the property's designation under Part IV of the Ontario Heritage Act. • Continue to provide comments on development applications for properties that are located in or adjacent to the Whitevale Heritage Conservation District, designated and listed properties, or properties with potential significant resources. • Continue to identify, and conduct background research, for properties that exhibit potential heritage significance. • Prepare required materials for Council’s consideration for properties recommended to be designated under Part IV of the Ontario Heritage Act. • Continue to identify and pursue training opportunities to expand knowledge and information on Heritage related news, resources, and legislation to Committee members, Council, and staff. • Encourage the development of a publicly accessible heritage mapping tool. Submitted on behalf of the Heritage Pickering Advisory Committee: Current Membership: Reid Anderson Asok Bhadra Nicole Brewster Christine Doody-Hamilton Laurin Jeffrey Steve Monaghan Richard Smiles James White EG:ld J:\Documents\Administration\A-3300\Workplans\2024\2024 Heritage Pickering Advisory Committee Work Plan.docx - 72 - April 3, 2024 Julie Kirkelos Town Clerk Town of Lincoln 4800 South Service Rd. Beamsville, ON L0R 1B1 Sent via email: jkirkelos@lincoln.ca Re: Urgent Need for Increased Funding for Museums and Libraries Our File 35.11.2 Dear Ms. Kirkelos, At its meeting held on March 18, 2024, St. Catharines City Council approved the following motion: That Council endorse Sub-Item 2, Resolution from the Town of Lincoln regarding Urgent Need for Increased Funding for Libraries and Museums If you have any questions, please contact the Office of the City Clerk at extension 1524. Kristen Sullivan, City Clerk Legal and Clerks Services, Office of the City Clerk :sm Encl. Resolution from the Town of Lincoln regarding Urgent Need for Increased Funding for Libraries and Museums Corr.13-24 - 73 - Sub-Item 2 - 74 - Sub-Item 2 - 75 - Sub-Item 2 - 76 - Ministry of Municipal Affairs and Housing Municipal Services Division 777 Bay Street, 16th Floor Toronto ON M7A 2J3 Telephone: 416-585-6427 Fax.: 416 585-6882 Ministère des Affaires municipales et Logement Division des services aux municipalités 777, rue Bay, 16e étage Toronto ON M7A 2J3 Téléphone: 416-585-6427 Téléc.: 416 585-6882 234-2024-1587April 10, 2024 Susan Cassel, City Clerk City of Pickering 1 The Esplanade S, Pickering, ON L1V 6K7 clerks@pickering.ca Dear Susan Cassel, Subject: Minister’s Zoning Order Ontario Regulation 607/20 in the City of Pickering I am writing to you to advise that the Ministry of Municipal Affairs and Housing has come to a decision regarding the proposed amendment of O. Reg 607/20, a zoning order that applies to lands located at 1802 Bayly Street in the City of Pickering. On December 13, 2023, the Ministry of Municipal Affairs and Housing initiated a 45-day consultation on the proposed amendment of O. Reg. 607/20, based on limited progress being made on the subsequent approvals needed for project implementation. Based on the information received, further progress has not been demonstrated on a portion of the subject lands and O. Reg. 607/20 has been amended through O. Reg 164/24. See here for more details: Notice of Proposed Amendment: Minister's Zoning Order - Ontario Regulation 607/20 | Environmental Registry of Ontario Sincerely, Original signed by Hannah Evans, Assistant Deputy Minister Corr.14-24 - 77 - ONTARIO REGULATION 164/24 made under the PLANNING ACT Made: April 9, 2024 Filed: April 10, 2024 Published on e-Laws: April 10, 2024 Published in The Ontario Gazette: April 27, 2024 AMENDING O. REG. 607/20 (ZONING ORDER - CITY OF PICKERING, REGIONAL MUNICIPALITY OF DURHAM) 1. Section 2 of Ontario Regulation 607/20 is amended by striking out “map numbered 265” and substituting “map numbered 351”. Commencement 2. This Regulation comes into force on the day it is filed. Made by: P C Minister of Municipal Affairs and Housing Date made: April 9, 2024 - 78 - CH U R C H S T S BAYLY ST W HWY 401 SQ U I R E S B E A C H R D BAYLY ST LEGEND Parcels Roads Land Subject to Zoning Order Natural Heritage and Open Space Zone Mixed Use Major Tourist and Entertainment Zone Mixed Employment Zone This is map no. 351 referred to in a Minister’s Zoning Order. It shows lands located in, Part of Lots 15 and 16, Concession 1, City of Pickering, Regional Municipality of Durham. We are committed to providing accessible customer service (https://www.ontario.ca/page/accessible-customer-service-policy). On request, we can arrange for accessible formats and communications supports. Please contact MMAH by email (mininfo@ontario.ca) for regulation details. 0 100 20050 Metres 1 cm equals 70 metres Map North (Degrees): 18°E MAP NO. 351 Map filed at the office of the Ontario Ministry of Municipal Affairs and Housing, 777 Bay St., Toronto, Ontario, Planning Act Ontario Regulation: 164/24 Date: April 10, 2024 Original Signed By: Minister of Municipal Affairs and Housing THIS IS NOT A PLAN OF SURVEY Information provided by the Ministry of Municipal Affairs and Housing, under licence with the Ministry of Natural Resources. © King's Printer for Ontario, 2024. Part of Lots 15 and 16, Concession 1 City of Pickering, Regional Municipality of Durham Part of Lots 15 and 16, Concession 1 City of Pickering, Regional Municipality of Durham - 79 - Report to Council Report Number: ECD 01-24 Date: April 22, 2024 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Licence Agreement – Open Studio Art Café - Seasonal Patio Program Use of City Owned Lands - File: D-1600-002 Recommendation: 1.That Council approve the Draft Licence Agreement for the temporary use of City Property, adjacent to 617 Liverpool Road, to operate a Seasonal Patio between the City of Pickering and Open Studio Art Café (OSAC), from May 1, 2024 until November 30, 2024; 2.That the Mayor and City Clerk be authorized to execute the Licence Agreement between the City of Pickering and Open Studio Art Café, in the form as appended to this report, subject to revisions as may be acceptable to the Chief Administrative Officer, the Director, Corporate Services & City Solicitor and the Director, Economic Development & Strategic Projects; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek authorization from Council to execute a Draft Licence Agreement with Open Studio Art Café (OSAC), located at 617 Liverpool Road in the Nautical Village, to operate a Seasonal Patio on the City owned boulevard in front of their establishment. Seasonal Patios were previously approved for this location in 2020, 2021 and 2022, through the City’s Temporary Patio Program, a business continuity program implemented by the City during the period of pandemic restrictions for restaurants. The Temporary Patio Program is now closed, however, OSAC wishes to continue the practice of operating a Seasonal Patio on the City’s boulevard, using the same location and patio design as approved under previous Licence Agreements submitted in 2023. The proposed location (see Location Map, Appendix I – Schedule “A”) of the Seasonal Patio is the same as in previous years. This year’s Seasonal Patio would continue to be subject to the requirements of the Ontario Fire Code, the Ontario Building Code, the Accessibility For Ontarians with Disabilities Act, and all Provincial and Regional Health Department regulations. In order to accommodate the increased occupancy load of patrons seated on a Seasonal Patio, OSAC had obtained an approved Building Alteration Permit to redesign the interior layout of the café, add washroom capacity, and to change the use of this premises from an ‘Art Gallery’ with - 80 - ECD 01-24 April 22, 2024 Subject: Licence Agreement – Open Studio Art Café Page 2 take-out coffee service, to a ‘Restaurant’ use. This work has increased the seating capacity of the facility, so as to legally comply with occupancy load maximums. Staff therefore recommends that the City enter into a Licence Agreement with OSAC for temporary use of the City’s boulevard, from May 1, 2024 until November 30, 2023. The OSAC Seasonal Patio would also be subject to terms that restrict the patio patron movements to within the identified boundary of the Seasonal Patio, that restrict amplified music after 9:00 pm, and that excludes outdoor cooking. Relationship to the Pickering Strategic Plan: The recommendations in this report are aligned with the Pickering Strategic Plan Priorities of Champion Economic Leadership and Innovation; Advocate for an Inclusive, Welcoming, Safe & Healthy Community and Strengthen Existing and Build New Partnerships. . Financial Implications: A one-time fee of $500.00 plus HST will be payable by OSAC, as a term of the Licence Agreement. No further financial implications are associated with this Licence Agreement. Discussion: The purpose of this report is to seek authorization from Council to execute a Draft Licence Agreement with Open Studio Art Café (OSAC), located at 617 Liverpool Road in the Nautical Village, to operate a Seasonal Patio on the City owned boulevard in front of their establishment. Open Studio Art Café (OSAC) is located at 617 Liverpool Road in the Nautical Village. For the fifth consecutive year, they are requesting permission to operate a temporary patio on the City owned boulevard at this address. City staff in Fire Services, Building Services and Municipal Law Enforcement have considered this request, and have no objection to the proposed design or location of the temporary patio space. Matters relating to maximum occupant loads and permitted uses at this facility have already been addressed in 2023 through the City’s issuance of a Building Alteration Permit that approved a new interior design at this location. This work included the construction of additional washroom capacity and supported a change of use from “Art gallery” to a “Restaurant” permitting take-out and eat-in food service. Since completed, the renovated facility has achieved a higher maximum occupancy load, that is shared across the interior space, the porch and a Seasonal Patio. The proposed term of the Licence Agreement is from May 1, 2024 until November 30, 2024. The patio must be removed at the end of the term to accommodate the City’s Winter Maintenance program. OSAC has provided the requisite Certificate of Insurance noting the City as an added insured, in an amount as required by the City. Compliance with the Ontario Building Code, Ontario Fire Code, the Accessibility for Ontarians with Disability Act, applicable Municipal By-laws and current - 81 - ECD 01-24 April 22, 2024 Subject: Licence Agreement – Open Studio Art Café Page 3 Provincial and Region of Durham Health & Safety criteria must be maintained at all times, all of which are subject to inspection without notice. Staff therefore recommends the City enter into a Licence Agreement (see Draft Licence Agreement, Appendix I) with OSAC for the temporary use of the City owned boulevard, as indicated in the site drawing (see Location Map, Appendix I – Schedule “A”). Any future requests for use of the City’s boulevard for Seasonal Patio use will be reviewed on an annual basis, and brought to Council for their consideration. Attachment: 1.Draft Licence Agreement - 82 - ECD 01-24 April 22, 2024 Subject: Licence Agreement – Open Studio Art Café Page 4 Prepared By: Azeem Shah Senior Advisor, Creative Industries & Tourism Economic Development & Strategic Projects FJ:as Approved/Endorsed By: Fiaz Jadoon, Ec.D., CEcD, MPM, B.COMM Director, Economic Development & Strategic Projects Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: - 83 - 1 Attachment 1 to Report ECD 01-24 Draft Licence Agreement - 84 - 2 This Licence Agreement is made this 15th day of April, 2024. Between: Open Studio Art Café Inc. (the "Restaurant”) -and – The Corporation of the City of Pickering (the "City") Whereas the City owns the lands legally described as Liverpool Road, south of Annland Street being the Road Allowance between Lots 22 and 23, Range 3, Concession Broken Front, Pickering; and Whereas the Restaurant wishes to use a portion of the City-owned lands as shown in red on the location map attached hereto as Schedule “A” (the “Lands”) for the purpose of operating a Seasonal Patio for the serving of food and beverages; and Whereas the City has agreed to grant to the Restaurant a non-exclusive licence permitting the Seasonal Patio on the Lands subject to the terms and conditions set out in this Licence. Now Therefore in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the City and the Restaurant agree as follows: Licence 1.Subject to the terms of this Licence, the City grants permission to the Restaurant to use the Lands on a non-exclusive basis for the Seasonal Patio. 2.The Restaurant acknowledges that this Licence does not create an interest in the Lands nor does the Restaurant claim any past or present interest, howsoever arising, as a result of or connected in any way with the use and occupation of the Lands. 3.The licence granted herein is only for the duration of this Licence and only for the purposes and uses stated herein. No other purposes shall be permitted without prior approval from the City. 4.The licence granted herein is not exclusive and the City reserves the right to enter onto the Lands and to grant, renew or extend licences and other interests to other third parties. - 85 - 3 Term 5.Unless earlier terminated as provided herein, the term of this Licence shall commence on May 1st, 2024, and will expire on November 30, 2024 at 9:00 pm (the “Term”), subject to the terms of Section 10 of this Lease Agreement. This agreement shall be effective on the day it is last signed by either party. 6.Except as otherwise provided for in this Licence, this Licence may be terminated by the City at any time and for any reason during the Term upon sixty (30) days prior written notice to the Restaurant. Notwithstanding the foregoing, if at any time the Restaurant is in default in the performance of any of its obligations under this Licence, the City shall have the right to terminate this Licence forthwith and thereupon all the rights of the Restaurant shall immediately cease. The City shall not be liable for payment to the Restaurant for any damage or loss arising from the termination of this Licence by the City pursuant to this Section 7.Upon the expiry or earlier termination of this Licence, the Restaurant shall remove the Seasonal Patio, at its own expense, and restore the Lands to its original condition. Fee 8.The Restaurant shall pay a one-time fee of Five Hundred dollars +HST, payable to the City upon execution of this Licence Agreement, and shall be responsible for payment of all applicable non-City permits, licences, staffing charges, and approval fees where applicable. Applicable Laws 9.The Restaurant shall comply strictly with all applicable law, by-laws, rules and regulations governing its use of the Lands for the Seasonal Patio, including, but not limited to, the City’s Noise By-law, Traffic and Parking By-laws, the Ontario Building Code (OBC), the Ontario Fire Code (OFC), the Accessibility for Disabled Ontarians Act, and all applicable requirements of the Technical Standards & Safety Authority. 10.The Restaurant, where applicable, shall obtain all necessary permits, licences and approvals that may be required in connection with its use of the Lands for the Seasonal Patio, including, but not limited to: a.Tents, should they be constructed, must comply with applicable building permit requirements under the Building Code Act, OBC and the City’s Temporary Tent Standard Operating Procedure (City Development Department); b.Compliance with the Health & Safety Guidelines as issued for outdoor patio operations by the Province of Ontario and the Durham Region Health Department, and all applicable Fire Code requirements; and c.No smoking signs to be placed, in accordance with the Durham Region smoking ban by-law. - 86 - 4 Fire Safety & Ontario Building Code 11.The Restaurant acknowledges that the Seasonal Patio is subject without notice, to: a)inspections to be carried out by City of Pickering Fire Services to determine compliance with the OFC; and b)inspections to be carried out by City of Pickering Building Services Section to determine compliance with the OBC. 12.The location of the Seasonal Patio must maintain a 1.2 metre clearance from all fire hydrants or fire connections (Siamese) and they must be visible and accessible at all times. 13.The outdoor preparation or cooking of food is not permitted. Utilities 14.The Restaurant shall assume all costs and expenses in connection with the Seasonal Patio, including, but not limited to, all utility costs. 15.The Restaurant and its employees, agents and contractors, including its electrical support group, is prohibited from altering City electrical infrastructure, and is only permitted to use existing outlets. 16.The Restaurant shall ensure all power cords have been covered to avoid tripping hazards. 17.The City assumes no responsibility to the Restaurant for the temporary or unavoidable interruption of the supply of any public utility service due to any cause whatsoever. Hours of Operation 18.Subject to any other regulatory approval (e.g. liquor licence ), the Seasonal Patio shall operate between the hours of 7 am to 9 pm only. Conditions of Use 19.The maximum, combined occupancy for both interior and exterior seating shall comply with the requirements of the OBC. 20.The Restaurant will ensure that patrons using the Seasonal Patio remain within the defined area of the Seasonal licence as detailed in Schedule A included herein at all times during open hours of operation of the Seasonal Patio. 21.The Restaurant will at all times comply with and ensure compliance with the terms of City of Pickering By-Law 6834/08, and specifically Schedule 2, Section 1 thereof, whereby no amplified noise or music is permitted between the hours of 9:00 pm and 7:00 am. Maintenance - 87 - 5 22. The Restaurant shall ensure that the Lands and the Seasonal Patio are maintained in a state of good and safe repair, and in a clean and sanitary condition during the Term, to the satisfaction of the City. The Restaurant shall immediately notify the City of any damage to the Lands. 23. In the event that the Restaurant wishes, during the Term, to replace or materially alter the Seasonal Patio, the Restaurant shall not commence replacement or alteration unless: a) the City has approved the Restaurant’s plans, specifications and appearance of the proposed replacement or alteration; b) otherwise agreed to by the City, the replacement or alteration does not occupy an area that is larger than the Lands and shall be situate in the same location as the Seasonal Patio; c) the Restaurant has received all regulatory approvals and/or the replacement or alteration complies with all regulatory requirements; and d) the Restaurant has obtained any necessary permits for the work to be undertaken. 24. The Restaurant shall ensure that any personnel installing, maintaining, replacing, altering or repairing the Seasonal Patio shall be properly trained and fully qualified to perform the relevant work. The Restaurant shall ensure that it complies with the Construction Act and takes all necessary steps to prevent a lien from being claimed in respect of the Lands. Waste Management 25. The Restaurant shall remove any and all refuse generated by the use of the Seasonal Patio, as it occurs and at the expense of the Restaurant. Insurance 26. The Restaurant, at its own expense, shall provide, a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the Seasonal Patio and the use and occupancy of the Lands, with coverage for any one occurrence or claim of not less than $5,000,000, which insurance shall protect the City in respect of claims by the Restaurant as if the City was separately insured; b) a certificate of insurance coverage in a form satisfactory to the City, which insurance coverage shall be kept in full force and effect throughout the Term; c) Thirty (30) days prior written Notice, by registered mail, given by the insurer(s) to the City of Pickering if this Policy is cancelled or if any material change occurs that would, for any reason, affect this Certificate or the City of Pickering as outlined in the coverage specified herein. Notice will be given to: The Corporation of the City of Pickering, Attention: City Development Department, One The Esplanade, Pickering, ON, L1V 6K7. 27. The Restaurant shall not do or omit or permit to be done anything that causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Restaurant shall pay to the City forthwith upon demand the amount of - 88 - 6 such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Lands, the Restaurant shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the Restaurant shall fail to do so the City may, at its option, terminate this Licence forthwith by notice to the Restaurant. Liability and Indemnification 28. The City shall not be liable to the Restaurant for any loss, damage or personal injury (including death) relating to the Seasonal Patio or the use and occupancy of the Lands, whether caused by fire, theft, burglary, or otherwise, unless such loss or damage was caused by the negligence or willful misconduct of the City, its servants, agents or employees. 29. Once any equipment is erected on the Lands, the Restaurant shall determine its own terms for overnight security of its equipment, and the Lands and equipment shall be and remain at the risk of the Restaurant. 30. Save and except for the gross negligence as it relates any of its to obligations under this Agreement, or willful misconduct of the City, the Restaurant agrees to indemnify and save the City, and all its directors, officers, employees, elected officials, agents, contractors and representatives harmless from any and all losses, actions, damages, claims, liability, costs, expenses and demands, of any kind, including, without limiting the generality of the foregoing, all claims for personal injury, illness or death, including any claims arising from the COVID-19 virus, or from any act or omission of the Restaurant or those for whom the Restaurant is at law responsible arising out of any action or inaction whatsoever by the Restaurant, its directors, employees, agents, contractors, invitees or anyone in connection with the Restaurant’s use and occupancy of the Lands or the presence of Seasonal Patio on the Lands. This provision shall survive the expiration or earlier termination of this Licence. 31. The Restaurant waives any and all claims against, releases from liability and agrees not to sue the City, its directors, officers, employees, elected officials, agents, contractors and representatives for any personal injury, illness, death or any other loss sustained by the Restaurant or for which the Restaurant may be responsible arising out of, or in connection with the Restaurant’s use and occupancy of the Lands or the presence of the Seasonal Patio on the Lands. Force Majeure 32. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Licence, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Relationship of Parties - 89 - 7 33. Nothing contained herein shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent, landlord and tenant, partnership or of joint venture between the parties, it being understood and agreed that none of the provisions contained herein, nor any of the acts of the parties shall create any relationship between the parties other than that of licensor and licencee as described in this Licence. Commercial Tenancies Act 34. The parties agree that the provisions of the Commercial Tenancies Act DO NOT apply to this Licence between the parties Notice 35. Any notice or other communication required or permitted to be given hereunder shall be in writing, and shall be sufficiently given if sent by pre-paid registered mail from a post office in Canada addressed in the case of the City to: Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7 Attention: Director, City Development & CBO Email: citydev@pickering.ca Phone Number: 905.420.4617 and in the case of the Restaurant to: 617 Liverpool Road Pickering, ON L1W 1R1 Attention: Michele Bolton Email: draw@openstudioartcafe.com Phone Number: 905.420.2233 or cell: 905.626.7300 Such notice may be given by hand delivery or sent electronically by either party to the other. Any such notice mailed shall be deemed to have been given on the third (3rd) business day following such mailing or, if delivered by hand, shall be deemed to have been given on the day of delivery or, if sent electronically, shall be deemed to have been given on the business day following transmission. In the event of a postal strike or pending postal strike, any or all notices must be given by personal delivery or by electronic means. Title 36. The Restaurant hereby agrees to keep title to the Lands, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Restaurant shall not enter into any agreements for the Lands which would run with the Lands and become an obligation of the City upon termination or expiration of this Licence. Time - 90 - 8 37. In all respects, time shall be of the essence of this Licence. Counterparts 38. This Licence may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same document. The execution of this Licence will not become effective until counterparts hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as original signatures of the parties. General 39. The City shall have the right to enter the Lands at any time for any reason. 40. The Restaurant agrees to ensure activities are limited to the typical operation of a commercial temporary outdoor patio and will not inhibit in any way the safety and enjoyment of the public or its use of the adjacent public owned lands. 41. The Restaurant shall not alter, add to or vary in any way any part of the Lands without the prior approval of the City. 42. This Licence shall not be assignable by the Restaurant without the consent of the City, which consent may be arbitrarily refused. 43. This Licence shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 44. Schedule “A” attached to this Licence form part of this Licence. The recitals at the head of this Licence are true and accurate and form a part hereof. 45. No amendment to this Licence shall be effective unless it is in writing and signed by both parties. 46. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 47. The headings in this Licence have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope of meaning of this Licence nor any of the provisions hereof. - 91 - 9 48. The Restaurant shall not have the right to register this Licence or notice thereof against title to the Lands or any part thereof. In Witness Whereof the City and the Restaurant have executed this Licence as of the date first written above. Open Studio Art Café Inc. Date: __________________ __________________________________________________ Name: Title: Date: __________________ __________________________________________________ Name: Title: I/We have authority to bind the Corporation. The Corporation of the City of Pickering Date: __________________ __________________________________________________ Kevin Ashe, Mayor - 92 - 10 Schedule “A” Location Map of the Lands Location of Seasonal Patio on City of Pickering lands, known legally as: Liverpool Road, south of Annland Street being the Road Allowance between Lots 22 and 23, Range 3, Concession Broken Front, Pickering Seasonal Patio Location – Open Studio Art Café Municipal boulevard in front of 617 Liverpool Road, Pickering - 93 - Report to Council Report Number: FIN 07-24 Date: April 22, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: 2024 Tax Rates and Final Tax Due Dates -File: F-4200-001 Recommendation: 1.That Report FIN 07-24 regarding the 2024 Tax Rates and Final Tax Due Dates be received; 2.That the 2024 Tax Rates for the City of Pickering be approved as contained in Schedule “A” of the By-law attached hereto; 3.That the Tax Levy Due Dates for the Final Billing be June 26, 2024 and September 26, 2024; 4.That the attached By-law be approved; 5.That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and 6.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: The purpose of this report is to approve the tax rates required to raise the levy as reflected in the Mayor’s 2024 Current Budget and to levy taxes for School Boards and for the Region of Durham. Under the Strong Mayor’s Legislation, the Budget was adopted on March 1, 2024. The report also sets the property tax final due dates for all property classes. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Corporate Key to Deliver on Good Governance – Open & Transparency. Financial Implications: Adoption of the Recommendations and enacting the By-law will allow the City to bill the Final 2024 levy for all properties. Passing of the By-law will assist the City of Pickering in meeting its financial obligations and reducing any borrowing costs. This levy also raises taxes for the Region of Durham and the School Boards. - 94 - FIN 07-24 April 22, 2024 Subject: 2024 Tax Rates and Final Tax Due Dates Page 2 ______________________________________________________________________ Discussion: The purpose of this report is to approve the tax rates required to raise the levy as reflected in the Mayor’s 2024 Current Budget and to levy taxes for School Boards and for the Region of Durham. Under the Strong Mayor’s Legislation the budget was adopted on March 1, 2024. The report also sets the property tax final due dates for all property classes. A.City’s Net Tax Levy and Tax Rate Increase The City’s 2024 Budget provided for an average property tax increase of 3.99 percent and was adopted on March 1, 2024 under the Strong Mayors legislation. The 2024 Budget levy of $87,429,155 plus assessment growth of $3,393,000 translates into a total property tax levy of $90,822,155. The Region’s tax increase for Pickering is 4.17 percent and the School Board increase is zero, resulting in a total average residential increase of approximately 5.42 percent. The total average commercial increase is 3.89 percent and the total average industrial increase is 4.36 percent. The reason that the commercial and industrial increases are less than the total average residential increase is due to fact that education share of property taxes is substantially higher for these two tax classes. The property tax rates are calculated based on the budgets of both Pickering and Durham Region. The tax rate itself is defined under section 306 of the Municipal Act and it is to be calculated to eight decimal points. B.Tax Due Date Instalments Recommendation three sets the due dates for the payment of taxes for all tax classes at June 26, 2024 and September 26, 2024. C.Communication Strategy In addition to mailing the tax bills, the City will advertise the tax instalment due dates on the City’s webpage, various social media outlets as well as any other communication channels deemed appropriate by the Director, Finance & Treasurer, prior to each tax due date. Attachment: 1.By-law to Establish the 2024 Tax Rates and Final Instalment Due Dates for All Realty Classes - 95 - FIN 07-24 April 22, 2024 Subject: 2024 Tax Rates and Final Tax Due Dates Page 3 ______________________________________________________________________ Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Karen Uphoff James Halsall Supervisor, Taxation Division Head, Finance Original Signed By: Stan Karwowski Director, Finance & Taxation Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 96 - Attachment 1 to Report FIN 07-24 The Corporation of the City of Pickering By-law No. 8101/24 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2024 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for all realty tax classes. Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c25, as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickering the sums set forth for various purposes in Schedule “A”, for the current year; and, Whereas the Regional Municipality of Durham has passed By-law 2024-013 to establish tax ratios, By-law 2024-015 to adopt estimates of all sums required by The Regional Municipality of Durham for the Durham Region Transit Commission, By-law 2024-016 to set and levy rates of taxation for Regional Solid Waste Management, and By-law 2024- 014 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, Whereas the Province of Ontario has provided the 2024 education tax rates for the realty classes; and, Whereas sub section 342(2) of the Municipal Act, 2001, S.O. 2001, c25, as amended, permits the issuance of separate tax bills for separate classes of real property for 2024; and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law 8060/23 before the adoption of the estimates for the current year); Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1.For the year 2024, The Corporation of the City of Pickering (the “City”) on April 22, 2024 approved Council Report FIN 07-24 and corresponding schedules and attachments as presented, resulting in a taxation levy of $90,822,155. - 97 - By-law No. 8101/24 Page 2 2.For the year 2024, the City shall levy upon the Property Classes set out in Schedule “A”, the rates of taxation as set out in Schedule “A”, for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule “A”. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. 3.The levy provided for in Schedule “A” shall be reduced by the amount of the interim levy for 2024. 4.The Tax Levy due dates for the Final Billing be June 26, 2024 and September 26, 2024 for all classes. 5.The Treasurer is hereby authorized to accept twelve monthly electronic payments commencing January 1st and ending December 1st inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 6.The Treasurer is hereby authorized to accept twelve monthly electronic payments commencing January 8th and ending December 8th inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 7.The Treasurer is hereby authorized to accept twelve monthly electronic payments commencing January 16th and ending December 16th inclusive. Failure by the taxpayer to pay any one monthly part payment, will invoke the late payment charges as outlined in the Municipal Act and confirmed by the City through By-law every year. 8.If any section or portion of this By-law or of Schedule “A” is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedule “A” continue in force and effect. 9.This By-law comes into force on the date it is passed. - 98 - By-law No. 8101/24 Page 3 By-law passed this 22nd day of April, 2024. ______________________________ Kevin Ashe, Mayor ______________________________ Susan Cassel, City Clerk - 99 - 2024 Budget Tax Levy 90,822,155 2024 Calculated Tax Rates Schedule A RTC 2024 Phase-In City Tax Rate Region Tax Rate Education Tax Rate Total Tax Rate Pickering Billing Region Billing Education Billing TOTAL BILLING Property Class 0.00375976 0.001389854 RT Residential 18,950,870,350 0.00375976 0.00694927 0.00153000 0.01223903 71,250,724 131,694,715 28,994,832 231,940,271 FT Farm 160,591,487 0.00075195 0.00138986 0.00038250 0.00252431 120,757 223,200 61,426 405,383 TT Managed Forest 5,822,400 0.00093994 0.00173732 0.00038250 0.00305976 5,473 10,115 2,227 17,815 PT Pipelines 33,242,000 0.00462225 0.00854344 0.00880000 0.02196569 153,653 284,001 292,530 730,183 MT Multi-Residential 188,564,000 0.00701759 0.01297081 0.00153000 0.02151840 1,323,265 2,445,828 288,503 4,057,596 CT Commercial 1,373,538,636 0.00545165 0.01007645 0.00880000 0.02432810 7,488,052 13,840,393 12,087,140 33,415,585 CU Commercial - Excess Land 23,493,425 0.00545165 0.01007645 0.00880000 0.02432810 128,078 236,730 206,742 571,550 CX Commercial Vacant Land 34,283,000 0.00545165 0.01007645 0.00880000 0.02432810 186,899 345,451 301,690 834,040 ST Shopping Centres 706,339,297 0.00545165 0.01007645 0.00880000 0.02432810 3,850,715 7,117,393 6,215,786 17,183,893 SU Shopping Centres Excess Land 1,701,400 0.00545165 0.01007645 0.00880000 0.02432810 9,275 17,144 14,972 41,392 DT Office Building 77,838,442 0.00545165 0.01007645 0.00880000 0.02432810 424,348 784,335 684,978 1,893,661 GT Parking Lot 928,900 0.00545165 0.01007645 0.00880000 0.02432810 5,064 9,360 8,174 22,598 IT Industrial 217,646,560 0.00760787 0.01406185 0.00880000 0.03046972 1,655,827 3,060,513 1,915,290 6,631,630 IU Industrial Excess Land 3,284,758 0.00760787 0.01406185 0.00880000 0.03046972 24,990 46,190 28,906 100,086 IX Industrial Vacant Land 27,159,900 0.00760787 0.01406185 0.00880000 0.03046972 206,629 381,918 239,007 827,555 LT Large Industrial 65,463,500 0.00760787 0.01406185 0.00880000 0.03046972 498,038 920,538 576,079 1,994,655 LU Large Industrial - Excess Land 1,615,400 0.00760787 0.01406185 0.00880000 0.03046972 12,290 22,716 14,216 49,221 Total Taxable 21,872,383,455 87,344,076 161,440,540 51,932,498 300,717,113 Payments in Lieu Properties RF Residential 171,474,400 0.00375976 0.00694927 0.00153000 0.01223903 644,703 1,191,622 262,356 2,098,680 RP Residential - Tax Tenant 30,649,200 0.00375976 0.00694927 0.00153000 0.01223903 115,234 212,990 46,893 375,116 RG Residential - General 63,944,700 0.00375976 0.00694927 0.00000000 0.01070903 240,417 444,369 0 684,786 RH Residential - Full Shared PIL 169,200 0.00375976 0.00694927 0.00153000 0.01223903 636 1,176 259 2,071 FF Farm 118,934,600 0.00075195 0.00138986 0.00038250 0.00252431 89,433 165,302 45,492 300,228 FP Farm - Tax Tenant 20,909,600 0.00075195 0.00138986 0.00038250 0.00252431 15,723 29,061 7,998 52,782 CF Commercial Full 131,888,800 0.00545165 0.01007645 0.00980000 0.02532810 719,012 1,328,971 1,292,510 3,340,493 CH Commercial Full - Shared PIL 42,180,100 0.00545165 0.01007645 0.00980000 0.02532810 229,951 425,026 413,365 1,068,342 CP Commercial Full - Tax. Tenant 14,365,800 0.00545165 0.01007645 0.00980000 0.02532810 78,317 144,756 140,785 363,858 CG Commercial General 49,487,900 0.00545165 0.01007645 0.00000000 0.01552810 269,791 498,662 0 768,453 CV Commercial Full - Excess Land 2,478,100 0.00545165 0.01007645 0.00980000 0.02532810 13,510 24,970 24,285 62,766 CW Commercial General Excess Land 1,833,900 0.00545165 0.01007645 0.00000000 0.01552810 9,998 18,479 0 28,477 CZ Commercial Gen - Vacant Land 3,888,000 0.00545165 0.01007645 0.00000000 0.01552810 21,196 39,177 0 60,373 DH Office Building Full - Shared PIL 26,618,500 0.00545165 0.01007645 0.00980000 0.02532810 145,115 268,220 260,861 674,196 IH Industrial Full- Shared PIL 24,305,400 0.00760787 0.01406185 0.01250000 0.03416972 184,912 341,779 303,818 830,509 IP Industrial Full- Tax Tenant 366,000 0.00760787 0.01406185 0.01250000 0.03416972 2,784 5,147 4,575 12,506 IK Ind. Excess Land - Shared PIL 2,576,600 0.00760787 0.01406185 0.01250000 0.03416972 19,602 36,232 32,208 88,042 IJ Industrial Vacant Land Shared PIL 3,110,000 0.00760787 0.01406185 0.01250000 0.03416972 23,660 43,732 38,875 106,268 LK Large Ind. Excess Land - Shared PIL 7,874,600 0.00760787 0.01406185 0.01250000 0.03416972 59,909 110,731 98,433 269,073 LI Large Ind. Water Intake - Shared PIL 9,865,200 0.00760787 0.01406185 0.01250000 0.03416972 75,053 138,723 123,315 337,091 LS Large Ind. Generating Station - Share 24,048,900 0.00760787 0.01406185 0.01250000 0.03416972 182,961 338,172 300,611 821,744 LN EN Large Ind. Non-Gen Stn - Shared PIL 44,198,300 0.00760787 0.01406185 0.01250000 0.03416972 336,255 621,510 552,479 1,510,244 Total PILS 795,167,800 3,478,172 6,428,808 3,949,118 13,856,097 Exempt 541,924,527 Grand Totals 23,209,475,782 90,822,247 167,869,348 55,881,615 314,573,211 d PIL - 100 - Report to Council Report Number: FIN 08-24 Date: April 22, 2024 From: Stan Karwowski Director, Finance & Treasurer Subject: 2024 Additional Community Grant Requests -File: F-4800-001 Recommendation: 1.That Council approve a grant to the Pickering Pentecostal Church, as an exception to the Community Grant Policy, in the amount of $3,000 to be funded from the General Government Grants - Programs Contingency account (503050.11100); 2.That Council approve a grant to the Pickering Caribbean Canadian Cultural Association (PCCCA) in the amount of $1,700 to be funded from the General Government Grants - Social Contingency account (503040.11100); 3.That section 02.07 of FIN 040 - Community Grant Policy be amended to increase the minor grant amount that can be awarded by the Chief Administrative Officer (CAO) and Director, Finance & Treasurer (Treasurer) from $250 to $2,000; and 4.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The purpose of this report is to seek Council approval for two community grants, totaling $4,700, to be funded from the community grant contingency funds provided in the 2024 General Government Budget, and to increase the grant amount that can be awarded by the CAO and Treasurer from $250 to $2,000. Under the Strong Mayor’s legislation, the 2024 Current Budget was deemed adopted on March 1, 2024. The following grant requests, which were not included in the adopted budget, are being presented to Council for consideration: 1.A request from the Pickering Pentecostal Church in the amount of $3,000 to be used for youth programming; and 2.A request from the Pickering Caribbean Canadian Cultural Association (PCCCA) in the amount of $1,700 to be used for rental space and event supplies for the annual Seniors Tea Party to be hosted at the Chestnut Hill Developments Recreation Complex. This report also seeks approval to increase the minor grant amount that can be awarded by the CAO and Treasurer, so that other unanticipated grant requests that may occur throughout the year can be provided to qualifying groups. - 101 - FIN 08-24 April 22, 2024 Subject: 2024 Additional Community Grant Requests Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority 2: Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: The 2024 Community Grant Budget included contingency funds in accounts 503040.11100 and 503050.11100 to be used for unanticipated grant requests received throughout the year. These requests will be funded from the contingency accounts. Discussion: The purpose of this report is to seek Council approval for two community grants, totaling $4,700, to be funded from the community grant contingency funds provided in the 2024 General Government Budget. A.Pickering Pentecostal Church grant request for youth programming The Pickering Pentecostal Church (PPC) submitted a request for $10,000 through the Community Grant program for a Youth Social Activation program. The goal of the program is to invest in the youth of Pickering by providing enriching programs and events that promote personal and leadership development. PPC plan to use the grant funds to run youth events such as basketball nights and community fun event nights, ensuring the active involvement of Pickering's youth and young adults in positive and constructive activities. The funds would also be allocated to leadership development resources, including training programs like Toastmasters and peer mediation training. Although their application did not meet the program eligibility criteria, staff are presenting this grant for Council’s consideration. As a first-time applicant, a community grant is limited to $3,000 by the City’s Community Grant policy, so the full request of $10,000 is not being recommended by staff. B.Pickering Caribbean Canadian Cultural Association (PCCCA) grant request for facility rental costs for the annual Senior’s Tea Party The PCCCA has been hosting an annual Senior’s Tea Party for more than forty years and is the sole sponsor of the event held at the Chestnut Hill Development Recreation Complex (CHDRC). In 2023, the event welcomed over 500 seniors and was supported by a community grant from the City of Pickering of $3,210. On April 10, 2024, a request for financial assistance was received from the Pickering Caribbean Canadian Cultural Association (see Attachment 1). The group did not submit a grant request through the Community Grant program due to an oversight, but are hopeful that the City will extend a grant to ensure that the event can proceed in 2024. As this is an important social event for our City’s senior community, staff recommend that Council approve a grant of $1,700 for facility rental costs to PCCCA to enable them to host the annual Senior’s Tea Party at CHDRC. - 102 - FIN 08-24 April 22, 2024 Subject: 2024 Additional Community Grant Requests Page 3 C. Proposed Community Grant Policy Revision Each year the City of Pickering accepts Community Grant applications from local non-profit community organizations. The grant program funds activities, programs and initiatives that promote well-being and community spirit among the residents of Pickering. While funding guidelines, application deadlines and the application portal are promoted on the City’s website and various communication streams, there are occasions where deserving organizations miss the application deadline or have needs that arise after the budget is approved or adopted under the Strong Mayor’s legislation. To address this, the annual budget includes contingency funds in the General Government grants area to allow for additional grants to be provided after the budget has been approved or adopted, without impacting the tax levy. FIN 040 Community Grants Policy also includes provisions in section 02.07 which allow the Chief Administrative Officer and Director, Finance & Treasurer to award minor grants outside of the budget process to ensure that urgent or unanticipated needs of the City’s community organizations can be addressed on a timely basis. Currently the limit of their authority is $250. Staff recommend increasing this limit to $2,000, reflecting the typical grant amounts requested. The policy will continue to include mandatory reporting back to Council, through the budget process, on all grants approved by the CAO and Treasurer in the year, to ensure full transparency and applicants would continue to be limited to one such minor grant per term of Council. FIN 040 Community Grants Policy would be revised as follows: 02.07 That the Chief Administrative Officer and Director, Finance & Treasurer be authorized to award up to $2,000 $250 in minor community grants under the following rules: (i) that the organization has to complete the City’s grant application form and their application has to meet the city’s criteria; (ii) that these organizations be permitted to receive only one $2,000 $250 minor grant per term of Council and the funding for these grants be limited to the grant contingency allocation as provided in the grants budget; and (iii) that staff report on an annual basis to Council with the list of successful $2,000 $250 minor grant applicants as part of the budget process. Attachment: 1. Grant Request - Pickering Caribbean Canadian Cultural Association - 103 - FIN 08-24 April 22, 2024 Subject: 2024 Additional Community Grant Requests Page 4 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By Danna Munns James Halsall Senior Budget and Financial Analyst Division Head, Finance Original Signed By: Stan Karwowski Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 104 - “It is cheaper to educate than to incarcerate” April 10th, 2024 Councillor Maurice Brenner Regional Councillor - Ward 1 City of Pickering One The Esplanade Pickering, Ontario L1V 3Y7 Dear Councillor Brenner, As you no doubt are aware, for more than forty years the Pickering Caribbean Canadian Cultural Association (PCCCA) has been the sole sponsor of the annual Seniors Tea Party held at the Pickering Recreation Complex. Last year an audience of seniors in excess of 500 enjoyed the social atmosphere, food and the entertainment that they have come to love and expect. Regrettably the possibility of cancelling the even in 2024 looms over us due to the fact that we did not apply for a council grant for this year. Mr. Fred Gibson who applied for the grant in 2023 was expected to do so but has been in Barbados since last year and much to our chagrin no application for a grant was made. The purpose for the grant is to defray the $1700 cost of rental of space at the recreation centre. The association would greatly appreciate your assistance in taking this matter to council with the hope of Zinding an amicable solution to this dilemma. We have already received enquiries from local residents about the “Tea Party” and we most certainly would not want to disappoint them. I look forward to hearing from you soon with good news about a resolution to his situation. Yours respectfully. Raphael C. Francis, Secretary, PCCCA Attachment 1 to Report FIN 08-24 - 105 - Memo To: Susan Cassel City Clerk April 16, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: Brock Dersan Developments Inc.- Block 1, Plan 40M-2755 File: PLC.40M-2755 The above-mentioned block is being developed in accordance with the appropriate Agreements, Zoning By-law and Common Elements Condominium Plan in such a manner as to allow the construction of 197 townhouse dwelling units (parcels of tied lands). Attached is a location map and a draft by-law, enactment of which will exempt Block 1 from the part lot control provisions of the Planning Act thus allowing the 197 townhouse dwelling units to be created on parcels of tied lands (‘potls’) and the transfer of those potls into separate ownership. The draft by-law is attached for the consideration of City Council at its meeting scheduled for April 22, 2024. PB:ca Attachments Location Map Draft By-law - 106 - PureSprings Boulevard Bro nzed ale Str e et Ti l l i n g s R o a d Byford Street Wil l i a m J a c k s o n D r i v e Br o c k R o a d Four Seasons Lane Palmer's Sawmill Road Dersan Street 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: S 03/22 THIS IS NOT A PLAN OF SURVEY. Date: Feb. 08, 2022 Brock Dersan Developments Inc SW corner of Brock Road and Dersan Street SubjectLands L:\PLANNING\01-MapFiles\S\2022\S 03-22 - Brock Dersan Developments Inc\S03-22_LocationMap.mxd - 107 - The Corporation of the City of Pickering By-law No. 8102/24 Being a by-law to exempt Block 1, Plan 40M-2755, Pickering, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; And Whereas Brock Dersan Developments Inc., the owner of Block 1, Plan 40M-2755, intends to obtain approval of, and register a common elements condominium plan on the lands; And Whereas the proposed common elements condominium plan is to consist of 197 townhouse residential dwelling units; And Whereas it is intended that the owner or owners of each of the 197 townhouse dwelling units will own the parcel of tied land on which his, her or their dwelling is located, in fee simple and will also be a member or members of the common elements condominium corporation; And Whereas it is intended that the parcels of tied lands on which the 197 townhouse dwelling units are to be constructed will be subdivided by means of an exemption from the part lot control provisions of the Planning Act, R.S.O. 1990, chapter P.13. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, shall cease to apply to Block 1, Plan 40M-2755, upon: (a)registration of this By-law in the Land Registry Office for the Land TitlesDivision of Durham (No. 40); and (b)registration of a restriction, pursuant to Section 118 of the Land Titles Act,R.S.O. 1990, chapter L.5, requiring the consent of the Solicitor for TheCorporation of the City of Pickering to the registration of any transfer orcharge of any portion of Block 1, Plan 40M-2755 in the Land Registry Office for the Land Titles Division of Durham (No. 40). - 108 - By-Law No. 8102/24 Page 2 2.This By-law shall remain in force and effect for a period of two years from the date of the passing of this By-law and shall expire on April 22, 2026. By-law passed this 22nd day of April, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 109 - Memo To: Susan Cassel City Clerk April 16, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Division Head, Water Resources & Development Services Subject: Request for Road Naming By-law -Owner: Universal City Two Developments Inc. -Part Lot 21, Concession 1 Pickering, being Parts 5, 10, 24, 32, 33 and 34, Plan 40R-31180(Universal City Way)File: Roadded.610 The City entered into a Site Plan Control Agreement with Universal City Two Developments Inc. for the development of a condominium on Part Lot 21, Concession 1 Pickering being Parts 3, 8, 9, 11, 31, 35, 36, 37, 39, 44 and 45, Plan 40R-31180. The Draft Plan Conditions for condominium registration for the development of the said lands requires the Owner to name the private road within the draft plan, as it is necessary to differentiate the road from the rest of the common elements and to aid Emergency Services in identifying the individual units within the condominium. As the Condominium Declaration has now been registered and the private road has been constructed, it is appropriate to name the private road. Attached is a location map and draft by-law for the consideration of City Council at its meeting scheduled for April 22, 2024. PB:ca Attachment Draft By-law and location map - 110 - The Corporation of the City of Pickering By-law No. 8103/24 Being a by-law to name Part of Lot 21, Concession 1 Pickering; designated as Parts 5, 10, 24, 32, 33 and 34, Plan 40R-31180. Whereas pursuant to the Municipal Act, S.O. 2001, c. 25, the council of a local municipality may pass by-laws for giving names to or changing the names of private roads. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.The private road comprising of Part of Lot 21, Concession 1 Pickering;designated as Parts 5, 10, 24, 32, 33 and 34, Plan 40R-31180; is hereby named Universal City Way. By-law passed this 22nd day of April, 2024 ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 111 - Bayly Street 1:1,000 SCALE: PN-6 City DevelopmentDepartment Universal City Way File:Applicant: Property Description:Roadded.610Universal City Two Developments Inc. Parts 5, 10, 24, 32, 33 and 34, Plan 40R-31180 THIS IS NOT A PLAN OF SURVEY. Date: Apr. 12, 2024 ¯ Part 5 E Part 10E E E E Part 34 Part 33 Part 32 Part 24 E © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved.- 112 -