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HomeMy WebLinkAboutMarch 22, 2021 Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Eddy - Director, Human Resources J. Hagg - Fire Chief 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 C. Rose - Chief Planner J. Halsall - Manager, Budgets & Internal Audit V. Plouffe - Manager, Facilities Capital Projects D. Wylie - Manager, Zoning & Administration T. Ryce - Supervisor, Cultural Services C. Blumenberg - Deputy Clerk T. Bal - Planner Il R. Perera - Committee Coordinator 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Mayor Ryan read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 4.1 Councillor Brenner declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Report FIN 05-21, 2021 Current and Capital Budgets, as it pertains to salaries and wages for Programs and A nimal Services as he has family members employed in those areas at the City of Pickering. Councillor Brenner did not take part in the discussion or vote on these matters. 4.2 Councillor McLean declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Report FIN 05-21, 2021 Current and Capital Budgets, as it pertains to the Heritage Property Tax Rebate and Grants to Organizations, as he has a family member who owns a heritage home and he i s the Chair of the Pickering Auxiliary Rescue Association (PARA). Councillor McLean did n ot take part in the discussion or vote on these matters. Resolution # 537 /21 Moved by Councillor McLean Seconded by Councillor Butt That the order of the agenda be changed to hear Item 11.1 Report CAO 02-21, immediately following the delegations. Carried 5. Adoption of Minutes Resolution # 538/21 Moved by Councillor Pickles Seconded by Councillor Brenner Council Minutes, February 22, 2021 Executive Committee Minutes, March 1, 2021 Special Council Minutes, March 1, 2021 Planning & Development Committee Minutes, March 1, 2021 Executive Committee Budget Minutes, March 4, 2021 Carried 6. Presentations There were no presentations. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 7. Delegations 7.1 Mitch Martin, Inspector of West Division, Durham Regional Police Service Re: Durham Regional Police Service - West Division Community Safety Plan Mitch Martin, Inspector of West Division, Durham Regional Police Service, joined the electronic meeting via audio c onnection to highlight the accomplishments of the Durham Regional Police - West Division Community Safety Plan. Mr. Martin stated that in 2021, DRPS – West Division would commit to improving roadway safety, adding that Provincial Offense Notices for various offenses had increased by 20% from the year prior. Mr. Martin advised that DRPS-West Division was also committed to continuing to implement the property crime reduction strategy, by effecting an increase on break and enter clearance rates, and reducing theft in the City of Pickering, and continuing the success of the Notification of Community Crime (NOCC) program. Mr. Martin advised that there was a drop in residential and commercial theft in 2020, due to the pandemic, and will evaluate how things rebound in the new year. Additionally, Mr. Martin spoke to the violent crime reduction strategy, with a 2021 focus to increase compliance checks, conduct proactive patrols, and continue participation on the CIB/Target Team Violent Crime Reduction Steering Committee. Mr. Martin noted that the aim was to enhance community engagement and service delivery, increase positive police/community relations, and commended the Division for its agility of service to adjust to the COVID-19 Pandemic. He advised that most presentations stopped in March, however officers have shown resilience through the new virtual process, and r egularly present virtually at schools and general meetings. Mr. Martin discussed the West Division equity and diversity working group, which is working towards enhancing the diversity of the Division, and also enhancing communication internally and externally to strengthen the bond in community. He highlighted the work of the field intelligence officer, who ensures information was disseminated to front line officers, and encouraged residents to use technology for help in the community, such as the 211.ca. A brief question and answer period ensued between Members of Council and Mitch Martin, Inspector of West Division regarding: • whether speeding, changing rush hours and demands had reduced due tothe pandemic. Mr. Martin advised that traffic incidents had reduced in March-April 2020, when t he streets were empty, which had resulted in an increase in pursuits for street racing, noting that traffic incidents slightly increased again. He noted that the Division was well positioned to handletraffic demands when things opened up again; • enforcement efforts increasing by 20% for speeding; and, • preparations to manage the traffic relating to the opening of the Durham Live Casino. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 7.2 Carion Fenn, President & CEO, Carion Fenn Foundation Mike Young, Principal, Durham Catholic Virtual Elementary School Re: Durham Kids Health Week - April 18, 2021 – April 24, 2021 Carion Fenn, President & CEO, Carion Fenn Foundation Mike Young, Principal, Durham Catholic Virtual Elementary School joined the electronic meeting via audio connection and highlighted the support available for students in virtual classrooms to stay healthy. Ms. Fenn stated that the Carion Fenn Foundation was a registered Charity established to provide support, education, and resources to individuals impacted by mental health, through a variety of health and wellness programs that are free to the public. Mr. Young noted that Durham Catholic Virtual Elementary School is an online school with over 3,500 enrolled students supported by 117 teachers from junior kindergarten to grade eight. He noted that the virtual school had over 200 members of staff to support students. Ms. Fenn and Mr. Young advised that student health had been a concern in a virtual environment, and celebrating Durham Kids Health Week - April 18, 2021 – April 24, as proclaimed by the City of Pickering, would focus on increasing activities to reduce screen time, educate youth on the importance of proper sleep habits, nutrition, physical activities, and mindfulness to help with cognitive and physical health. Ms. Fenn thanked Council and staff for helping with this initiative and being the first municipality to proclaim Durham Kids Health Week. Ms. Fenn and Mr. Young highlighted Kids Wellness Night, on April 22 from 5pm to 7pm, where students & families of Durham Catholic Virtual Elementary School would be invited to listen and learn about Fitness with Dr. Sal, Physiotherapist & Chiropractor; Music with Brandon Bizior, Joshua Albrecht Artist & Entertainer and Douglas Loyal Singer & Guitarist; Mental Health & Bullying, and Nutrition with Certified Nutritional Practitioner Jayde MacLean at Reclaimed Health. Resolution # 539 /21 Moved by Councillor McLean Seconded by Councillor Brenner That the rules of procedure be suspended to allow a delegation from Chief LaRocca, Mississaugas of Scugog Island First Nation. Carried on a Two-Thirds Vote 7.3 Lisa Dost Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Lisa Dost, 911 Athol Street, joined the electronic meeting via audio connection to ask Council to revoke the Minister’s Zoning Order (MZO) 607/20 on the Lower Duffins Creek provincially significant wetland, noting that the lands must be protected. She advised that a dollar value cannot be placed on a wetland that had taken hundreds of years to develop. Ms. Dost highlighted the benefits of wetlands, which include the filtering of water, mitigating flooding, providing a habitat for wildlife, and noted that developing the lands may result in water sanitation costs increasing substantially. Ms. Dost also discussed the need for proper public consultation on land use planning decisions. 7.4 Ally Zaheer Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Ally Zaheer, 1096 Moorelands Crescent, joined the electronic meeting via audio connection and advised that she represented the voice of youth, adding that many residents have demonstrated their opposition to MZO 607/20. She encouraged Council to protect and restore green spaces, noting that the MZO process was not conducive to public consultation and may have been done in a duplicitous manner. Ms. Zaheer advised Council that the public relies on elected officials to guide the public towards becoming a climate resilient community, and that generations to come cannot afford to live with the mistakes of today. Ms. Zaheer spoke in support of the reality of climate change, and how people showed their resilience and came together during a pandemic to create unique solutions to the MZO issue. She asked what it would take for the City to take the same position and hear the voices of the people and admit that the MZO was a mistake and move forward. 7.5 Mike Borie Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Mike Borie, 1044 Escott Court, joined the electronic meeting via audio connection in an effort to better understand the position of Council to only partially revoke the Minister’s Zoning Order (MZO) 607/20 from the lands located west of Squires Beach Road. Mr. Borie discussed the efforts to re-focus as a community, in a process where there was no formal input from the community on this matter. He spoke to the need for an honest, clear, and transparent process when negotiating all agreements, stating that Amazon had committed money, however there was a lack of foresight from the City which had resulted in negative media attention which would not be conducive to attracting businesses in to the City. Mr. Borie noted that he had sent several emails voicing his opposition to the highly controversial MZO 607/20, and had received no responses from Council and that the recent ecological study and other matters were untrue adding that the Lower Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Duffins Creek Wetland needed to be protected. He spoke to his experience feeling mislead by Council, and urged Members of Council to understand the implications of any item they vote on. Mr. Borie spoke in opposition to the proposed partial revocation of the MZO, despite all the public objections, and asked that Council revoke the entire MZO to protect the wetlands. 7.6 Trevor Cluthé Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Trevor Cluthé, 64 Emmett Place, joined the electronic meeting via audio connection and asked that a resolution be passed to revoke the Minister’s Zoning Order (MZO) 607/20 in its entirety. He highlighted the benefits of wetlands such as mitigating floods, purifying drinking water, preventing erosion, and protecting wildlife. Mr. Cluthé spoke to the importance of protecting natural spaces, and noted his disappointment that public and Indigenous People consultation had not occurred. He asked that the entire MZO 607/20 be revoked and subjected to the proper planning pr ocess. 7.7 Leslie Johnston Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Leslie Johnston withdrew her delegation request and did not connect to the electronic Council Meeting to provide her delegation. 7.8 Emma Cunningham Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Emma Cunningham, Pickering Resident, joined the electronic meeting via audio connection and advised that urban sprawl is negatively impacting green spaces and expressed disappointment that the City would not be able to vie for an Amazon warehouse, however Ms. Cunningham noted that the Amazon warehouse in Peel had a major COVID-19 outbreak, and was also being investigated for potential labour violations. Ms. Cunningham questioned why those lands were chosen, as there are other alternative locations that would not have impacted the wetlands. She advised that Minister’s Zoning Orders should be used with caution, because they by-pass the Planning Act, public consultation, and prevent accountability. Ms. Cunningham noted that the Provincial Government has issued several MZO’s and ordinary citizens have had to take the lead in protecting the environment. Ms. Cunningham noted that less than 2% of the Greater Toronto Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Area (GTA) wetlands remain, and it is Council’s job to protect the wetlands. She highlighted that the Duffins Creek is home to many endangered species, and urged Council to revoke the entire MZO 607/20. 7.9 Edward Cunningham Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Edward Cunningham, 1480 Pickering Parkway, joined the electronic meeting via audio connection and spoke to the timeline of events, noting that on May 13, 2020, Pickering City Council unanimously supported the MZO, and on March 12, 2021 the TRCA stated they were bei ng forced to issue a permit under duress. He discussed the extraordinary lengths undergone to receive TRCA approval, and that until City Council rescinds the request, residents would assume that City Council was complicit in allowing land that should be protected to be dev eloped, while stripping the TRCA’s authority on such matters. He asked that Council refrain from supporting similar developments until the Province restores the TRCA’s authority, and to explore revitalizing w etlands and w orking w ith passionate activists. 7.10 Ingrid Mohr Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Ingrid Mohr, 38 H ook Avenue, joined the electronic meeting via audio connection and referenced the Durham Region Climate Adaptation Plan (CAP), highlighting the message from the former Regional Chair, Roger Anderson. She added that the CAP positioned Durham as a leader in adaptation planning in Canada, and asked Council to reflect on past comments made by Council pertaining to environmental protection. 7.11 Anne Bell Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Anne Bell, 214 King Street West, joined the electronic meeting via audio connection and spoke on behalf of Ontario Nature, a conservation organization that protects wild species and spaces through conservation, education and public engagement. Ms. Bell noted that she was a champion of wetland conservation and had been documenting wetlands since 1987, which had led to strict preservation of significant wetlands under the Planning Act. She spoke to her shock when the Minister’s Zoning Orders was issued on the Lower Duffins Creek wetlands, and Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm that it contravenes the Provincial Policy Statements (PPS) which provides balanced direction on planning matters, and that all planning ne eds to be consistent with the PPS. Ms. Bell highlighted the benefits of wetlands, which should not be taken for granted and referenced a 2019 report from the Insurance Bureau of Canada on the Options for managing the flood costs, one of which is wetlands. Ms. Bell provided facts from the report, including that wetlands could reduce flooding costs by 38% in urban areas, and noted other benefits of wetlands. She asked Council to take the steps to protect the wetlands, and noted that Amazon realized developing the s ite would not be socially or environmentally acceptable. 7.12 Steve Apostolopoulos, Pickering Developments (Squires) Ira Kagan, Kagan Shastri LLP Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Steve Apostolopoulos, Pickering Developments (Squires), joined the el ectronic meeting via audio connection and expressed appreciation to Council and their decision making, and stated that they supported the removal of the MZO on the parcel of land west of Squires Beach Road. He stated that difficult decisions had been made but that they were in support of Report CAO 02-21. 7.13 Eileen Higdon Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Eileen Higdon, Pickering Resident, joined the electronic meeting via audio connection and spoke to her experience leading a group of residents in 1991 to stop the development of 20 town homes and destruction of an eco-system at Frenchman’s Bay. She outlined her objections to the MZO which circumvented the public process, and how it is not subject to LPAT and other planning processes that ensure transparency without overriding Provincial and municipal policies and laws. Ms. Higdon spoke to the importance of Indigenous consultation, and how in her opinion, the MZO overrode the duty to consult the Indigenous Peoples. She also spoke to how wetlands protect people and properties from natural hazards. 7.14 Jill Adams Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Jill Adams, Pickering Resident joined the electronic meeting via audio connection to urge Council to revoke the Ministers Zoning MZO 607/20 completely. She noted Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm that Council requested the MZO under special circumstances, however, the prospective tenant had now refused to utilize the wetland due to local resistance and adverse media attention. Ms. Adams requested that Pickering Council take the protection of provincially significant wetlands seriously. 7.15 Tim Gray, Environmental Defence Canada Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Tim Gray, Environmental Defence Canada, joined the electronic meeting via audio connection to speak on behalf of Environmental Defence, a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate, and healthy communities. He asked that the Ministers Zoning Order 607/20 be revoked. Mr. Gray noted that he had been a champion of endangered species protection, and spoke to the value of wetlands. Mr. Gray explained how Provincially significant wetlands are evaluated using a science-based ranking system known as the Ontario Wetland Evaluation System (OWES). He stated that the decision to support an MZO contravenes the City’s Official Plan and requirements of the Provincial Policy Statements and the Planning Act. Mr. Gray noted that there were better suited employment lands for development, and urged Mayor Ryan to ask Minister Clark to remove all lands from the MZO and consider adding additional land to the Greenbelt as part of the expansion process and change the zoning of the lands to be environmentally protected. 7.16 Jeff O’Donnell Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Jeff O’Donnell, 1295 Wharf Street, joined the electronic meeting via audio connection to ask Council to revoke all lands from Ministers Zoning MZO 607/20, and highlighted the benefits of wetlands. 7.17 Brandon Underwood Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Brandon Underwood, 1215 Bayly Street, joined the electronic meeting via audio connection and spoke to the benefits of having greenspaces, and noted he will be a first time voter in the 2022 Pickering Municipal Election. Mr. Underwood spoke to how groundwater is important for flood control and other positives like habitat for wildlife and requested that Council do its due diligence and protect the Lower Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Duffins Creek wetlands. Mr. Underwood noted that the development will provide jobs to the community, however Council should consider the benefits of wetlands and to look at all the facts before making future decisions. 7.18 Leon Emmett Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Leon Emmett, 288 Brock Street West, joined the electronic meeting via audio connection and expressed support for the comments expressed by the previous delegates and urged Council to make amends with the First Nations and with the Mississaugas of Scugog Island First Nation. 7.19 Christina Vasilevski Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Christina Vasilevski, 1535 Diefenbaker Court, joined the electronic meeting via audio connection and asked Council to revoke the MZO, and expressed concern over continued insistence of the Provincial government’s use of MZO’s. She spoke to the reputation of Amazon, including n ot following s afety protocols and ensuring employees wellbeing. Ms. Vasilevski noted that the Minister of Municipal Affairs and Housing should revoke the MZO completely, and to r estrict the use of MZO’s to emergency situations. 7.20 Mara-Elena Nagy Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Stree Mara-Elena Nagy withdrew her delegation prior to the meeting and did not connect to the electronic Council Meeting to provide her delegation. Resolution 540/21 Moved by Councillor Ashe Seconded by Councillor Brenner That Council take a 10 minute recess. Carried Council recessed at 8:40 p.m. and reconvened at 8:50 p.m. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Upon reconvening, the City Clerk certified that all Members of Council were once again present and participating electronically in accordance with By-law 7771/20. 7.21 Chief LaRocca, Mississaugas of Scugog Island First Nation Re: Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street Chief Kelly LaRocca , Mississaugas of Scugog Island First Nation, joined the electronic meeting via audio connection and advised she cannot support a partial revocation of an MZO that is unlawful and unconstitutional. Chief LaRocca noted that it is a decision making tool that should only be used in emergencies, adding that the Province did not engage with First Nations, or recognize the treaty rights of the Mississaugas of Scugog Island First Nation. Chief LaRocca noted that Minister Clark and Minister Yakabuski did not properly consult with First Nations, and spoke to the Toronto Conservation Authority issuing the permit under duress. She expressed her continued opposition to the development, and that acceptance should be conditional on mitigation efforts to ensure the proposed development would not have negative impacts on natural heritage features. Chief LaRocca opposes the partial continuance of the MZO due to lack of mitigation efforts on the wetlands, and asked that it be revoked in its entirety. 11. Reports – New and Unfinished Business 11.1 Chief Administrative Officer, Report CAO 02-21 Request for Partial Revocation of Minister’s Zoning Order 607/20 - Lands Located West of Squires Beach Road, North of Bayly Street A question and answer period ensued between Members of Council and Staff regarding: • clarification on the revoking of the Minister’s Zoning Order 607/20 from thelands located west of Squires Beach Road and what steps were being taken to protect the lands on the east side of Squires Beach Road and theNotion Road Bridge. Staff confirmed that the lands would revert to “UR” – Urban Reserve, as identified in the City’s Zoning By-Law and there would be limited permissible uses; • whether dialogue had occurred with the TRCA regarding the lands on theeast side with staff advising that they had spoken with the CEO of the TRCA, and that they are supportive of the decision of Council and comfortable with Report CAO 02-21; • whether efforts on maintaining water flow and storm water management would be addressed, with Catherine. Rose, Chief Planner, advising t hat any Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm issues would be addressed during the site plan review process, and that there had not been any major red flags in the process thus far; • whether zoning was already in place on the East Side of Squires Beach Road, and whether the Ministers Zoning Order amendment wouldrecognize the provincially significant wetlands. Staff advised that the MZO would protect the Lower Duffins Creek Significant Wetlands, and that the Minister Zoning order on the East Side recognized the provincially significant wetlands in a natural heritage open space category; • how the urban reserve zoning w ould only permit, outdoor recreation uses without buildings or structures; preservation and conservation of the natural environment, soil and wildlife; or existing lawful uses located on the land, or in existing buildings or structures, and that it would not hinder film studiomoving forward; • the importance of protecting the lands located west of Squires Beach Road; • how the proposed development on the lands located east of Squires Beach Road would create jobs, and that the MZO on those lands is needed toeliminate the requirement for a Church Street/Hwy 401 exit, due to a previous OMB Hearing decision; • recognition of the hundreds of emails, advocacy and passion of the community on this issue; • status of the site plan application, with staff noting it has been reviewed andbuilding permit applications have been received by the City; and, • the importance of working with the TRCA going forward to ensure therewould not be any adverse impact to the environment and natural heritagefeatures with staff noting that the process going forward would involveTRCA through the typical process. It was requested that staff reach out to Chief LaRocca and the First Nations as part of the consultation process for the Site Plan application for the parcel on the east side of Squires Beach Road as well as for the Notion Road Bridge. Resolution # 540/21 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That the letter to Mayor Ryan, from the Minister of Municipal Affairs and Housing, dated March 12, 2021, asking if the City would like the Minster to consider amending Minister’s Zoning Order 607/20 to exclude the portion of the lands that would allow for the construction of a distribution centre, be received; 2. That the Minister of Municipal Affairs and Housing be requested to revoke Minister’s Zoning Order 607/20 from the lands located west of Squires BeachRoad, municipally known as 1802 Bayly Street, in the City of Pickering; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 3. That the Mayor be authorized to write to the Minister of Municipal Affairs andHousing, in response to the Minister’s letter, to make the formal request on behalf of Council; and, 4. That Council’s resolution on this matter be forwarded to: the Pickering-UxbridgeMPP, the Honourable Peter Bethlenfalvy; the MPP for Ajax, the Honourable RodPhillips; the Region of Durham; the Toronto and Region Conservation Authority; and Triple P roperties. Carried Unanimously on a Recorded Vote 8. Correspondence 8.1 Corr. 15-21 Elizabeth Harvey, Director, Intergovernmental Relations Métis Nation of Ontario Re: Delegation Provided by David Grey Eagle at the January 25, 2021 Pickering Council Meeting Resolution # 541 /21 Moved by Councillor Cumming Seconded by Councillor Butt That Corr. 15-21, from Elizabeth Harvey, Director, Intergovernmental Relations, Métis Nation of Ontario, dated March 1, 2021, regarding the delegation provided by David Grey Eagle at the January 25, 2021 Pickering Council Meeting, be received for information. Carried 8.2 Corr. 16-21 Lisa Brancaccio, Age-Friendly Communities Knowledge Broker Seniors Health Knowledge Network Re: Creating a More Inclusive Ontario - Age-Friendly Community Planning Guide for Municipalities and Community Organizations Resolution # 542/21 Moved by Councillor Brenner Seconded by Councillor Cumming Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 1. That Corr. 16-21, from Lisa Brancaccio, Age-Friendly Communities Knowledge Broker, Seniors Health Knowledge Network, dated March 16,2021, regarding Creating a More Inclusive Ontario - Age-Friendly Community Planning Guide for Municipalities and Community Organizations, be received for information; and, 2. That Corr. 16-21 be referred to the CAO to direct the Staff Lead for AgeFriendly Communities to review it within the context of the 2021 Business Plan for this initiative. Carried 9. Report EC 03-21 of the Executive Committee held on March 1, 2021 9.1 Director, Engineering Services, Report ENG 03-21 Integrated Transportation Master Plan Study Council Decision: 1. That the Draft Integrated Transportation Master Plan prepared by IBI Groupdated January 2021 be endorsed in principle; 2. That the recommendations from the Draft Integrated Transportation Master Plan be considered, along with all other municipal priorities, through future annual municipal plans and budget processes; and, 3. That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. 9.2 (Acting) Director, Community Services, Report CS 13-21 Cultural Strategic Plan- Mid-term Update Council Decision: 1. That Report CS 31-20 regarding the City of Pickering’s Cultural Strategic Plan Mid-term 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. 9.3 Director, Engineering Services, Report ENG 04-21 Beachfront Park Rehabilitation & Needs Assessment - Public Engagement Work Plan and Project Status Update Council Decision: Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 1. That Report ENG 04-21 regarding a Public Engagement Work Plan andProject Status Update for Beachfront Park, as a follow-up to Report ENG 12-20 and in response to Resolution #465/20, be received for information; 2. That the Draft Concept Plans attached to Report ENG 04-21 be used tocommence the public engagement and consultation process to arrive at afinal preferred concept plan for Council endorsement through a futurereport; 3. That staff be directed to report back with a status update on the Beachfront Park Rehabilitation & Needs Assessment Project no later than the thirdquarter of 2021; and, 4. That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. 9.4 Director, Engineering Services, Report ENG 05-21 Automated Speed Enforcement Implementation Council Decision: 1. That the automated speed enforcement program as outlined in Report ENG 05-21 be endorsed by Council for implementation in 2021 subject to budget approval; 2. That the Mayor and Clerk be authorized to execute the requiredagreements for operation of the program in a form satisfactory to the Director, Corporate Services & City Solicitor, the Director, Finance & Treasurer, and the parties, namely: a. Redflex Traffic Systems (Canada) Limited; b. The Ministry of Transportation, Ontario; and, c. The City of Toronto; 3. That one automated speed enforcement mobile camera be installed in theCommunity Safety Zone on Liverpool Road between Bayly Street and Wharf Street, consistent with Resolution #364/20, as part of the initial rollout of the program and that additional mobile cameras be added as approved funds permit; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 4. That Council request the Province of Ontario to permit the use of anAdministrative Monetary Penalty System for offenses issued by AutomatedSpeed Enforcement; 5. That staff be directed to report back on the status of the Automated SpeedEnforcement Implementation program no later than the end of June, 2021; and, 6. That the appropriate officials of the City of Pickering be authorized to takethe necessary actions as indicated in this report. 9.5 Director, Finance & Treasurer, Report FIN 03-21 Statement of the Treasurer Respecting 202 0 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Council Decision: It is recommended that Report FIN 03-21 of the Director, Finance & Treasurer regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2020 be received for information. 9.6 Director, City Development & CBO, Report PLN 08-21 2020 Sustainable Pickering Year-in-Review Council Decision: That Report PLN 08-21 of the Director, City Development & CBO, on the release of the 2020 Sustainable Pickering Year-in-Review, be received for information. Resolution # 543/21 Moved by Councillor Pickles Seconded by Councillor Brenner That Report EC 03-21 of the Executive Committee Meeting held on March 1, 2021 be adopted. Carried 10. Report PD 03-21 of the Planning & Development Committee held on March 1, 2021 10.1 Director, City Development & CBO, Report PLN 09-21 Zoning By-law Amendment Application A 04/17 Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Request for Red-Line Revision of Draft Approved Plan of Subdivision SP-2008-11(R) 1133373 Ontario Inc. and Lebovic Enterprises Limited Part of Lot 22, 23, 24 & 25, Concession 4 Seaton Community City of Pickering Council Decision: 1. That the Revision to Draft Plan of Subdivision SP-2008-11(R) submitted by 1133373 Ontario Inc., to permit a red-line revision to a draft approved planof subdivision on lands being Part of Lots 22, 23, 24 & 25 C oncession 4, as shown on the Applicant’s Revised Plan Attachment #2 to Report PLN 09- 21, be endorsed; 2. That the proposed amendments to the conditions of draft plan of subdivision approval to implement Draft Plan of Subdivision SP-2008-11(R)as set out in Appendix I to Report PLN 09-21 be endorsed; 3. That the Local Planning A ppeal Tribunal be advised of City Council’s decision on the request for a red-line revision to Draft Plan of SubdivisionSP-2008-11(R) and that the City Solicitor be authorized to attend any Local Planning Appeal Tribunal hearing on the requested red-line revision; and, 4. That Zoning By-law Amendment Application A 04/17, submitted by 1133373 Ontario Inc. and Lebovic Enterprises Limited, to implement thered-line revision to Draft Approved Plan of Subdivision SP-2008-11(R), andrezone a remnant block of land at 1255 Whitevale Road for Community Node uses be approved, and the draft zoning by-law contained in Appendix II to Report PLN 09-21 be finalized and forwarded to Council for enactment. 10.2 Director, City Development & CBO, Report PLN 11-21 Pickering Housing Strategy Study - Status Update Council Decision: That Report PLN 11-21 of the Director, City Development & CBO, providing an update on the status of the City of Pickering Housing Strategy Study, be received for information. 10.3 Director, City Development & CBO, Report PLN 12-21 Zoning By-law Amendment Application A 12/18 Stuart Mark Golvin and JMPM Holdings Ltd. Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1, 40R-10527 (1635 Bayly Street) Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Council Decision: That Zoning By-law Amendment Application A 12/18, submitted by Stuart Mark Golvin and JMPM Holdings Ltd., to permit “animal boarding establishment”, “auction and estate sales house”, “day care centre”, and other site-specific modifications to By-law 6974/09, as amended, on the lands municipally known as 1635 Bayly Street, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 12-21 be finalized and forwarded to Council. Resolution # 544/21 Moved by Councillor Pickles Seconded by Councillor Brenner That Report PD 03-21 of the Planning & Development Committee Meeting held on March 1, 2021 be adopted. Carried 11. Reports – New and Unfinished Business 11.2 Director, Finance & Treasurer, Report FIN 04-21 2021 Current Budget and Financial Statements Excluded Expenses Reporting as Required by Ontario Regulation 284/09 Resolution # 545/21 Moved by Councillor Butt Seconded by Councillor Cumming It is recommended that Report FIN 04-21 of the Director, Finance & Treasurer regarding the exclusion of certain expenses from the 2021 Budget be adopted in accordance with the provisions of Ontario Regulation 284/09 of the Municipal Act, 2001. Carried 11.3 Director, Finance & Treasurer, Report FIN 05-21 2021 Current & Capital Budget Mayor Ryan thanked staff for their efforts in delivering the 2021 budget, with the lowest tax rate increase in decades. Resolution # 546/21 Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Moved by Councillor Ashe Seconded by Councillor Cumming 1. That Report FIN 05-21 of the Director, Finance & Treasurer be approved; 2. That the following budget recommendations be approved; a) That the 2021 Current Budget expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400), excluding Cost Centres 2712 and 2293, in the total amount of $60,364,218 beapproved; i) That the 2021 Current Budget for Cost Centre 2712(Programs) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $1,137,031 be approved; and, (ii) That the 2021 Current Budget for Cost Centre 2293 (Animal Services) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $506,210 be approved; b) That the 2021 General Government Budget for grant expenditures inthe total amount of $184,068 be approved; c) That the Heritage Property Tax Rebate in the amount of $10,000 be approved; d) That the 2021 Gross Current Budget expenditures for City purposes in the amount of $54,684,613 (excluding personnel costs, grant expenditures and Heritage Property Tax Rebate) less estimated current revenues of $47,004,304 (City revenues of $40,667,304 plus $4,000,000 for estimated casino gaming revenue, $2,037,000 for assessment growth plus supplementary taxes of $300,000), less Phase One and Phase Two Safe Restart Funding of $2,802,100 and net transfer from the Rate Stabilization Reserve of $1,500,000 for City operations be approved; e) That the $4,000,000 in estimated casino gaming revenues betransferred to the newly established Casino Reserve; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm f) That the Capital from Current expenditure in the amount of $731,660funded from property taxes be approved; and, g) That the total final City levy under paragraphs a), b), c), d) and e) above, plus the following additions that result in a total final levy of $70,841,695 being an increase of approximately 1.45 percent over the 2020 Budget, be approved: i) Hiring of three additional firefighters ($283,000) for the Seatonfire station; and, ii) Service level increases that consist of $51,000 for additional staffing for seasonal By-law enforcement at the waterfront andparks, an investment of $121,300 for the City to meet provincially legislated accessibility requirements and $75,000to establish a Community Investment Fund; 3. That the 2021 Capital Budget for the City of Pickering with a Gross Expenditure of $73,041,800 be adopted as presented: a) That the following c apital financing s ources be appr oved as presented in the 2021 Capital Budget: Transfer from Current Fund to Capital Fund $731,660 Transfers from Reserves: - Rate Stabilization Reserve (7021) 4,040,043 - City Share Dev. Charges (7022) 1,811,500 - Vehicle Replacement (7040) 1,547,000 - Major Equipment Reserve (7062) 1,345,000 - Capital Replacement (7001) 384,600 - Facilities Reserve (7055) 385,000 - Self-Insurance Reserve (7020) 200,000 - Property Fence Line Reserve (7057) 180,000 - Tennis Court Reserve (7061) 90,000 - Artwork Reserve (7067) 50,000 - Don Beer Arena Surcharge (7033) 40,000 - Rec. Complex Pool Surcharge (7035) 30,000 Transfers from Reserve Funds: - Development Charges (7601 – 7630) 25,024,180 - Third Party Contribution (7501) 9,041,375 - Parkland (7502) 4,180,000 Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm - Federal Gas Tax Funds (7505) 3,567,000 - Roads & Bridges (7709) 790,000 - Animal Shelter (7706) 291,400 - Seaton Land Group FIA (7713) 145,785 Debt - 20 yr 11,391,900 Internal Loan - 2 yr 2,175,000 Internal Loan - 5 yr 200,000 Internal Loan - 10 yr 247,500 Donations 10,000 Canada Cultural Spaces Fund (CCSF) 4,000,000 Investing in Canada Infrastructure Program (ICIP) – 222,500 COVID -19 Resilience Infrastructure Stream Federal Grant – TBD 40,000 Provincial Grant – Ontario Community Infrastructure 880,357 Fund (OCIF) Total $73,041,800 b) That total external debt financed by property taxes of $11,391,900for the projects identified in the 2021 Capital Budget, and as indicated in this report, for a period not to exceed 20 years beapproved; c) That the internal loans in the amount of $2,622,500 be undertaken at the discretion of the Director, Finance & Treasurer; d) That projects identified in the 2021 Capital Budget as being financed through the issuance of debt be subject to additional, specific approval of the expenditure and the financing by Council; e) That the source of financing for the Demolition & Site Remediationcapital project (5315.1901) be changed from future land sales to Operations Centre Reserve Fund to eliminate the unfinanced capitalliability when the project is converted to the new financial system; f) That any debt repayment, interest or financing provisions containedin the annual Current Operating Budget not used in the current year’s payments requirements may, at the discretion of the Director,Finance & Treasurer, be used to apply towards additional principal repayment, outstanding loan or debt charges or to reduce debt not issued, balloon payments in future years through transfer to RateStabilization Reserve, internal loans or any other amounts to be financed; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm g) That all Capital expenditures or portions thereof approved in the 2021 Capital Budget to be financed through the issuance of debt may, at the discretion of the Director, Finance & Treasurer, be financed through internal loans, current or capital funds or acombination thereof; h) That the Director, Finance & Treasurer be authorized to make draws from Reserve and Reserve Funds for projects included in the approved Capital Budget up to the amount approved; and, i) That the Director, Finance & Treasurer be authorized at his discretion to apply any excess funds obtained through the issuanceof debentures as provided for under Section 413 of the Municipal Act, 2001 as amended; 4. That the Director, Finance & Treasurer be authorized to transfer: a) Any surplus current operating funds at year-end in excess of approximately $125,000 be allocated in the following manner: thefirst $70,000 be allocated to the Elected Officials Life InsuranceReserve and the remaining surplus be allocated in the following ratio: 25 percent to the Rate Stabilization Reserve (7021); 20percent to the Facilities Reserve (7055); 5 percent to the Artwork Reserve (7066) and 50 percent to the City Share DC Projects Reserve (7022); b) Any surplus funds from the Emergency Operational Capital Needs Account (2901.0000.0000) to the Facilities Reserve; and, c) The revenue from the sale of used vehicles recorded in account (1593.0001.0000) to the Vehicle Replacement Reserve (7040); 5. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary including: adjusting the budget plan tomeet provincial COVID reporting requirements while maintaining the approved levy; to accommodate any labour relations settlements including adjusting the Personnel related accounts and that any revenue shortfall as a result of a Provincial tax policy change be adjusted through the 2021 final tax rates; 6. That the Director, Finance & Treasurer be authorized to use any underexpenditures from projects funded from Reserves or Reserve Funds to fund over expenditures for approved projects funded from the same source(s) and any unfinanced capital be funded from a transfer from reserves or reserve funds; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 7. That the Director, Finance & Treasurer be authorized at his discretion tofund Property Tax Write-offs account (2134.0000.000) that exceed the budget provision due to assessment appeals that translates into a deficit position for the corporation and this shortfall be funded from a transfer from the Assessment Appeal Reserve (7011) and if this reserve is depleted then the shortfall be funded from the Rate Stabilization Reserve (7021) and that any shortfall from Payment-in-Lieu Education Share revenue estimates be funded from a transfer from the Rate Stabilization Reserve (7021); 8. That the Director, Finance & Treasurer be authorized to revise the funding ratio’s for development charge funded projects where applicable to reflect the removal of the 10 percent statutory deduction that was eliminated through the adoption of Bill 197, COVID-19 Economic Recovery Act, 2020; 9. That the Director, Finance & Treasurer be authorized at his discretion toclose any current and completed prior year’s capital expenditure accounts and to first apply any excess funding from property taxes to any over expenditure in other accounts and to secondly transfer any remaining excess funding back to the original sources of funds; 10. That Council approve a change in funding source for capital project 5325.2105 Accessible Pedestrian Signals from 100 percent funded from the Rate Stabilization Reserve to: a) $169,838 to be funded from unused provincial grant funding (Invest in Ontario and Provincial Budget) from accounts 5999.0898.1623and 5999.0899.1623; and, b) $190,562 to be funded from the Rate Stabilization Reserve (7021); 11. That Council approve the cancellation of the following previously approvedCapital projects: a) Two 1 Ton Dump Trucks with Aluminum Body, Plow and Salter – New (Seaton) (5319.2003) - $140,000; b) Front Plow and Wing Attachments for Seaton – New (5319.2014) – $20,000; c) 1 Ton Truck with Utility Body Replacement (5319.2004) – $110,000; d) Duffin Heights Sewer (5320.1116) – $196,612; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm e) Whitevale Master Drainage Plan Implementation – Construction(5320.1901) – $2,250,000; f) RU-13 Salem Road – Road Reconstruction (5321.1608) – $155,635; g) RP-10 Altona Road – Sidewalks & Streetlights (5321.1909) – $150,000; h) Accessible Pedestrian Signals – 4 Locations (5325.2004) – $360,400; i) FS #2 Accessibility Upgrades & Interior Renovations (5340.1809) – $94,875; j) FS # 2 Lighting Retrofit (5340.2001) – $60,000; k) Civic Centre Backup Generator Replacement – Construction (5700.2002) – $800,000; l) CHDRC Tennis Court Flooring Replacement (5731.2004) – $1,200,000; m) Animal Shelter – Design (5219.2003) – $881,850; n) Animal Shelter – Construction (5219.2004) – $8,273,650; and, o) Animal Shelter – FF&E (5219.2005) – $300,000; 12. That Council approve an increase to the Fire Protection Cost Centre (2240) budget, in the amount of $27,200 for the purchase of technology upgrades and the corresponding cost be offset 100 percent by Provincial Fire Safety Grant; 13. That the Director, Finance & Treasurer be authorized at his discretion toclose any capital or consulting account expenditure and corresponding revenue source that is over three years from the original purchase order date of issuance; 14. That the Director, Finance & Treasurer be authorized at his discretion torefinance any capital expenditures that failed to meet the Federal Gas Taxreporting criteria from other sources including transfers of funds from reserves and reserve funds; 15. That the Director, Finance & Treasurer be authorized to: Council Meeting Minutes March 22, 2021 Electronic Meeting 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 theCity’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) Restate the 2021 Current Operating, User Fees and Capital Budgets to reflect: (i) any Council changes made at the March 22 Council meeting; (ii) any reorganization or personnel account changes (salary, benefits and overtime), (iii) reclassifications that result from salary increases or negotiated labour settlements; and, d) To process budget transfers during the fiscal year which do not change the overall approved property tax levy; 16. That Council waive the Purchasing Policy where the estimated vehiclerepair cost is below $30,000 (HST excluded) for all fleet vehicles and off road vehicle equipment in 2021; 17. That Council authorize the Director, Finance & Treasurer to administer the Community Investment Fund by following the general intent of theCommunity Grants program; a) That any grant funding request up to $2,500 be jointly approved by the Chief Administrative Officer and the Director, Finance & Treasurer and any grant request above this amount be approved by Members of Council and staff report to Council regarding the use of these funds through the 2022 Budget process; 18. That the Director, Finance & Treasurer be authorized to amend Section06.01 b) and 06.02 b) of Policy ADM 190 such that the word “every” bereplaced with “Starting in 2022”; 19. That the Director, Finance & Treasurer be authorized at his discretion to draw from the Winter Control Reserve to fund any Current Budget deficit as a result of higher than budget winter control costs; 20. That Council approve the continuing engagement of the firm of Watson & Associates Economists Ltd. to be used for the Five Year Capital & Operating Financial Plan; for the engagement of the new Development Charge Background Study and new Community Benefit Charge Study and Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm in support of the DC Background Study and issues related to the City, Seaton and/or Duffin Heights; 21. 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 the reassessment or other property tax issues and for to protect the property tax base by defending assessment appeals through proactive assessment base management; 22. That Council approve the award of professional services in accordance withthe City's Purchasing Policy Item 10: 03 (c) to Public Sector Digest Inc. for the completion of the Ontario Regulation 588 (2021) Compliant Asset Management Plan in the amount of a maximum of $70,000; 23. That Council approve the establishment of the WSIB Excess Indemnity Reserve Fund and that the draft by-law attached hereto for theestablishment of the reserve fund be enacted; 24. That Council approve the transfer of $136,775 to the WSIB ExcessIndemnity Reserve Fund; 25. That Council approve the annual transfer of funds from the WSIB Reservewhen its year-end balance is greater than $4.0 million, and that these excess funds be transferred to the WSIB Excess Indemnity Reserve Fund; 26. That the Director, Finance & Treasurer be authorized to initiate any additional assessment appeals necessary to protect the assessment baseof the City; 27. That the Director, Finance & Treasurer be authorized at his discretion totransfer any green energy rebates and revenue associated with the Claremont solar roof rental project account (1530.2620.0000) and other incentives and rebates account (2620.9993.0000) to the Reserve for Sustainable Initiatives; 28. That Council amend the Community Grant policy as follows: a) That the grant application deadline date for the 2022 Community Grant Program be October 29, 2021 to give community groups sufficient time to complete their applications; 29. That any unused funds in excess of $1,000 for accessibility capital projects (6183) be transferred to the Reserve for Accessibility Initiatives (7053); Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 30. That Council approve the following to be added to the 2021 Budget to befunded from the Rate Stabilization Reserve (7021); a) $35,000 for the rental of an additional radar camera; and, b) $150,000 for Pickering Fire Services’ share of the cost for NG911Dispatch equipment (text to 911); 31. That any unspent 2021 Local Planning Appeal Tribunal (LPAT) funds budgeted under General Government consulting account (2126.2392) betransferred to the Tennis Court Reserve (7061); 32. That Council approve the 2021 Low Income Seniors & Persons with Disabilities grant amount to be increased from $375 to $450 per household; 33. That Council pass the attached General Municipal Fees and Charges By-law and incorporate the user fee schedule into the 2021 Current Budget: a) That Council approve revising “Schedule B – Fees Payable for Building Permits” of the Building By-law with the Building Permit fees listed in the 2021 User Fee Schedule; 34. That Council approve the establishment of the 2021 COVID-19 Recovery Reserve Fund and that the draft by-law attached hereto for theestablishment of the reserve fund be enacted and that the Provincial funds received be transferred to this reserve fund; 35. That the Director, Finance & Treasurer be authorized to draw from the 2021 COVID-19 Recovery Reserve Fund to maintain the City’s financial andbusiness plans due to direct and indirect affects of COVID-19; 36. That Council approve the levy allocation of the $121,300 for Provincial accessibility requirements to the following accounts: 2621.2479.0000 Sfwr/Hdwr Maint Contracts $13,800 2621.2340.0000 Seminars & Education 7,500 2621.1100.0000 Salaries & Wages 70,000 2621.2399.0000 Outside Agency Services 30,000 37. That Council approve the funding of the Coordinator, Community Safety position (Cost Centre 2712), either by senior government grants or by a transfer from the Rate Stabilization Reserve (7021); and, 38. That the appropriate City of Pickering officials be authorized take the necessary actions as indicated in this report. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Carried Later in the Meeting (See Following Motions) Resolution #547/21 Moved by Councillor Ashe Seconded by Councillor Cumming That Items 2 a ) (i), 2 a) (ii) and 2 b) and 2 c) of the main motion be divided in order that they may be voted on separately. Carried Item 2 a) (i) now being before Council: Having previously declared a conflict of interest, Councillor Brenner did not vote on the following item. Resolution #548/21 Moved by Councillor Cumming Seconded by Councillor McLean That the 2021 Current Budget for Cost Centre 2712 (Programs) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $1,137,031 be approved Carried Item 2 a) (ii) now being before Council: Having previously declared a conflict of interest, Councillor Brenner did not vote on the following item. Resolution #549/21 Moved by Councillor Cumming Seconded by Councillor Pickles That the 2021 Current Budget for Cost Centre 2293 (Animal Services) expenditure for personnel costs, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400) in the total amount of $506,210 be approved; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Carried Item 2 b) now being before Council: Having previously declared a conflict of interest, Councillor McLean did not vote on the following item. Resolution #550/21 Moved by Councillor Cumming Seconded by Councillor Butt That the 2021 General Government Budget for grant expenditures in the total amount of $184,068 be approved; Carried Item 2 c) now being before Council: Having previously declared a conflict of interest, Councillor McLean did not vote on the following item. Resolution #551/21 Moved by Councillor Cumming Seconded by Councillor Pickles That The Heritage Property Tax Rebate in the amount of $10,000 be approved; Carried The remaining items of the main motion were then Carried Unanimously on a Recorded Vote. 11.4 (Acting) Director, Community Services, Report CS 16-21 Tender for GALCC RTU-1 Replacement - Tender No. T2020-15 Resolution # 552/21 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Tender No. T2020-15 submitted by 1747204 Ontario Inc. Ace Services, in the amount of $146,787.00 (HST included), be accepted; Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 2. That the total gross project cost of $214,858.00 (HST included), including the amount of the tender, and other associated costs, and the total net project cost of $193,486.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $193,486.00 as follows: a) the sum of $100,000.00, as provided for in the 2020 Community Centres Capital Budget be funded by a transfer from the Federal Gas Tax Reserve Fund; b) the additional sum of $93,486.00 be funded by a transfer from the Federal Gas Tax Reserve Fund; c) the Treasurer be authorized to make any changes, adjustments, andrevisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and, 4. That the appropriate City of Pickering officials be authorized to take thenecessary action to give effect hereto. Carried 11.5 Fire Chief, Report FIR 01-21 Tender for the Construction of a New Fire Station Headquarters at Brock Road and Zents Drive - Tender No. T2020-3 Resolution # 553/21 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T2020-3 submitted by Percon Construction Inc., in theamount of $9,260,350.00 (HST included), be accepted; 2. That the total gross project cost of $9,972,250.00 (HST included), including the amount of the t ender, and other associated costs, and the total net project cost of $8,980,320.00 (net of HST rebate), be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $8,980,320.00 as follows: Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm a) the sum of $2,765,000.00, be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years; b) the sum of $6,213,000.00 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 20 years to address the funding shortfall of the Development Charges-Protection Services Reserve Fund, and this amount be repaid from future development charge collections; c) the sum of $2,320.00 b e funded from property taxes; d) the annual repayment charges in the amount of approximately $194,550.00 be included in the annual Current Budget for the City of Pickering commencing 2021, or such subsequent year in which thedebentures are issued, and continuing thereafter until the debenturefinancing is repaid; e) the annual repayment charges in the amount of approximately $437,155.00 be included in the annual Current Budget for the City of Pickering commencing 2021, or such subsequent year in which thedebentures are issued, and continuing thereafter until the debenturefinancing i s repaid from future development charge collections as the first source of repayment, and the cost of the annual repayment charges be included in the next Development Charges BackgroundStudy; and, f) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft debenture by-laws attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take thenecessary action to give effect hereto. Carried 11.6 Director, Human Resources, Report HUR 02-21 Diversity & Inclusion Strategy - Request for Proposal No. RFP 2020-10 Resolution # 554/21 Moved by Councillor Brenner Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Seconded by Councillor Butt 1. That Proposal No. RFP 2020-10 submitted by Goss Gilroy Inc. dated November 26, 2020 to facilitate the completion of a Diversity & Inclusion(D&I) Strategy for the Corporation of the City of Pickering and the Pickering Public Library in the amount of $74,163.31 (HST included) be accepted; and, 2. That the appropriate City of Pickering officials be authorized to take thenecessary actions as indicated in this report. Carried 11.7 Director, City Development & CBO, Report PLN 15-21 Comprehensive Zoning By-law Review, Phases 2 and 3 Consultant Delegation Bobby Gauthier, WSP, joined the electronic meeting to present on Report PLN 15- 21, and highlighted the Comprehensive Zoning By-law Review, Phases 2 and 3. He noted that the comprehensive Zoning By-Law review would preserve the details of the different communities, adding that it would bring together all of the separate zoning by-laws into one consolidated comprehensive by-law. He advised that this would make i t easier for the pu blic to find information regarding zoning and ensured that the new by-law would reflect the Official Plan policies and associated development guidelines, and be consistent with current legislation, policy and trends. Mr. Gauthier spoke to timelines, and eight discussion papers developed during phase one. He explained that phase two would include the preparation of the draft By-law, public consultation to obtain feedback on the By- law, required revisions to the draft By-law based on stakeholder/public input, and the preparation of a recommended By-law. Mr. Gauthier noted that the review would include a presentation to the Planning & Development Committee regarding the recommended By-law for Council adoption w ith the By-law being presented to Council in the spring of 2022. Mr. Gauthier advised that the different discussion papers addressed topics, ranging from guiding principles and parameters to parking, active transportation and cannabis production, adding that each discussion paper had recommendations, which had formed the basis of the work plan. Mr. Gauthier confirmed all documents were available on the City’s website, and highlighted key recommendations for the streamlined Zoning By-Law, which would be user friendly, modern and drafted using the guiding principles in Discussion Paper 1. Mr. Gauthier outlined next steps, and proceeding with the drafting of the new Zoning By-Law to be released to the public for input in the fall of 2021. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm A brief question and answer period ensued between Members of Council, Staff, and Mr. Gauthier regarding: • ensuring that the Indigenous community was engaged during theconsultation process; and, • examining the City’s protocol on consultation to ensure people are being engaged in the right way, and adequately engaging Indigenous People. Staff advised that there is currently no written protocol for consulting Indigenous People, however this would not preclude engagement and that staff would work with the consultant to engage with the Indigenous Community. Resolution # 555 /21 Moved by Councillor McLean Seconded by Councillor Butt 1. That the conclusions and recommendations of the Comprehensive Zoning By-law Review – Phase 1 – Discussion Papers, be received; 2. That the total gross project cost of $266,804.00 (HST included) for Phases 2 and 3 of the Comprehensive Zoning By-law Review, and the total net project cost of $240,265.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the Phases 2 and 3 net project cost in the amount of $240,265.00 as follows: a) The sum of $78,086.00, identified for this project in the 2021 Current Budget – Planning & Design Cost Centre, be funded from the RateStabilization Fund; and, b) The sum of $162,179.00, identified in the 2021 Current Budget – Planning & Design Cost Centre, be funded by a transfer from theDevelopment Charges – Studies Reserve Fund; 4. That Council authorize staff to request that the Ministry of Municipal Affairs and Housing undertake a review of the Minister’s Zoning Orders being Ontario Regulations 102/72, 19/74 and 154/03, to harmonize agricultural and rural provisions with the C ity’s new zoning by-law; and, 5. That the appropriate City of Pickering staff be authorized to enter into any agreements to give effect hereto. Carried Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 11.8 Director, City Development & CBO, Report PLN 14-21 Environmental Registry Posting 019-3136 Response to consultation regarding growing the Provincial Greenbelt Resolution # 556/21 Moved by Councillor Pickles Seconded by Councillor Ashe 1. That the comments in Report PLN 14-21, on Environmental Registry Posting (ERO) 019-3136 regarding growing the Provincial Greenbelt, be endorsed; 2. That the Province maintain the current established Greenbelt boundary within the City of Pickering on the basis that: a. Any consideration or decision regarding expanding the Greenbelt inPickering would be premature and not in the public interest, prior to the completion of the Region of Durham’s Municipal ComprehensiveReview and in particular, prior to the completion of the Land Needs Assessment, updated Natural Heritage System mapping, and review and implementation of the Provincial Agricultural System, in order tofully understand the implications and determine appropriateness of growing the Greenbelt; b. All lands within Pickering are covered by the policies of A Place toGrow and the Greenbelt Plan, which were further strengthenedthrough the most recent updates to the provincial plans, and the Provincial Policy Statement, and which together provide the highest level of protection for natural heritage and hydrologic features andareas, as well as agricultural areas; and, c. The City, by Resolutions 140/19 and 173/19 affirmed its position that the lands in Northeast Pickering, be reserved to accommodate future urban development; 3. That in order to minimize competing interests and priorities, the Provinceshould explore opportunities on the outer fringes of the existing Greenbelt for further expansion, rather than the areas closest to the existing built upurban areas which may be needed t o accommodate future development within proximity to transit and other existing and planned infrastructureinvestments by municipalities and the Province; 4. That should the Province decide to consider growing the Greenbelt withinthe City of Pickering: Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm a. Any additions to the Greenbelt Plan be considered in the context of the Region of Durham’s Municipal Comprehensive Review; b. The legislated public process for amendments to the Greenbelt befollowed, including consultation with City of Pickering, the Region of Durham, Indigenous communities, and affected property owners, prior to any final decision being made; c. Any decision to expand the Greenbelt should not compromise theability of the municipality to accommodate future urban growth; and, d. Criteria be established and implementation guidance be provided to guide refinement to the Greenbelt Natural Heritage System by municipalities, similar to the criteria and guidance that have beenestablished for the Growth Plan Natural Heritage System; and, 5. That staff be directed to respond to ERO Posting 019-3136 with a copy of Report PLN 14-21 and Council’s resolution thereon, and that a copy of Report PLN 14-21 be forwarded to the Minister of Municipal Affairs andHousing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham area municipalities. Carried 12. Motions and Notice of Motions There were no notices of motion. 13. By-laws 13.1 By-law 7823/21 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees. 13.2 By-law 7824/21 Being a By-law to Provide for the Establishment of a Reserve Fund to be Known as the WSIB Excess Indemnity Reserve Fund. 13.3 By-law 7825/21 Being a By-law to Provide for the Establishment of a Reserve Fund to be Known as the 2021 COVID-19 Recovery Reserve Fund. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm 13.4 By-law 7826/21 Being a by-law to authorize the Construction of a New Fire Station Headquarters at Brock Road and Zents Drive project in the City of Pickering and the issuance of debentures in the amount of $6,213,000.00 for Development Charges-Protection Services Reserve Fund funding for the Construction of a New Fire Station Headquarters at Brock Road and Zents Drive project, and that the first source of repayment for this debt is future development charge collections. 13.5 By-law 7827/21 Being a by-law to authorize the Construction of a New Fire Station Headquarters at Brock Road and Zents Drive project in the City of Pickering and the issuance of debentures in the amount of $2,765,000.00. 13.6 By-law 7828/21 Being a by-law to amend Zoning Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1, 40R-10527, in the City of Pickering. (A 12/18). 13.7 By-law 7829/21 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 land at Part of Lot 22, 23, 24 & 25 Concession 4, City of Pickering (A 04/17). 13.8 By-law 7830/21 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 Lots 31 and 32, Concession 2 South, Now Parts 2 to 4 and 6, 40R-29566 and Part 2, 40R-29965, City of Pickering (A 01/19). 13.9 By-law 7831/21 Being a by-law to exempt Block Q, Plan M-15, Pickering, from the part lot control provisions of the Planning Act. 13.10 By-law 7832/21 Being a by-law to exempt Blocks 224 to 264, Plan 40M-2625, Pickering from the part lot control provisions of the Planning Act. Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Resolution # 557/21 Moved by Councillor Butt Seconded by Councillor Pickles That By-law Numbers 7823/21 through 7832/21 be approved. Carried 14. Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera session was held at 6:30 p.m. in accordance with the provisions of the Municipal Act and Procedure By-law 7665/18 to consider personal matters about identifiable individuals as it relates toappointments to the Accessibility Advisory Committee. 14. 1 Appointments to the Pickering Accessibility Advisory Committee. Carried Resolution # 558/21 Moved by Councillor McLean Seconded by Councillor Cumming That Phyllis Milton, Tammy Lyle-Gravlev, and Anna Taverna, be appointed to the Accessibility Advisory Committee for a term ending November 14, 2022 or until a successor is appointed. Carried 15. Other Business 15.1 Councillor Brenner raised the matter of the development of a protocol onconsultation and engagement with Indigenous People on planning matters. A brief question and answer period ensued between Members of Council and staff regarding the City’s obligations under a duty to accommodate. Paul Bigioni, Director, Corporate Services & City Solicitor advised that these duties are broad in scope and come from a constitutional Crown obligation to consult Indigenous People on decisions that may affect Aboriginal and Treaty rights. He added that reviewing the context of the protocol will give staff an opportunity to research this matter thoroughly and define the protocols with respect to the role of First Nations as well as constitutional and legal parameters. Resolution # 5 59/21 Council Meeting Minutes March 22, 2021 Electronic Meeting 7:00 pm Moved by Councillor Brenner Seconded by Councillor McLean 1. That Staff through the Chief Administrative Office be directed to report back on a consultation and duty to consult protocol for Indigenous Peoples on land use planning matters; and, 2. That staff report back no later than the September 27, 2021 Council meeting. Carried Unanimously on a Recorded Vote 16. Confirmation By-law By-law Number 7833/21 Councillor McLean, seconded by Councillor Cumming moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of March 22, 2021. Carried 17. Adjournment Moved by Councillor McLean Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 10:13 pm. Dated this 22nd of March, 2021. David Ryan, Mayor Susan Cassel, City Clerk Original Signed By: Original Signed By: