HomeMy WebLinkAboutAugust 10, 2020 - SpecialCity 001
PICKERING
Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
Present:
Deputy Mayor Kevin Ashe
Councillors:
M. Brenner
S. Butt
I. Cumming
B. McLean
D. Pickles
Absent:
Mayor David Ryan
Also Present:
M. Carpino
K. Bentley
P. Bigioni
B. Duffield
J. Flowers
R. Holborn
F. Jadoon
S. Karwowski
J. Yoshida
S. Cassel
L. Harker
A. Gibbons
1. RoII Call
- Interim Chief Administrative Officer
- Director, City Development & CBO
- Director, Corporate Services & City Solicitor
- (Acting) Director, Community Services
- CEO & Director of Libraries, Pickering Public Library
- Director, Engineering Services
- Director, Economic Development & Strategic Projects
- Director, Finance & Treasurer
- (Acting) Fire Chief
- City Clerk
- Deputy Clerk
- Counsel, Torys LLP
The City Clerk certified that all Members of Council were present and participating
electronically in accordance with By-law 7771/20, with the exception of Mayor Ryan who
was absent due to illness.
2. Disclosure of Interest
No disclosures of interest were noted.
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
3. In Camera Matters
Resolution # 393/20
Moved by Councillor Cumming
Seconded by Councillor Pickles
That Council move into closed session in accordance with the provisions of Section 239
(2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be
discussed relate to:
c) a proposed or pending acquisition or disposition of land by the municipality or local
board;
f) advice that is subject to solicitor -client privilege, including communications
necessary for that purpose; and,
k) a position, plan, procedure, criteria or instruction to be applied to any negotiations
carried on or to be carried on by or on behalf of the municipality or local board.
Carried
3.1 Director, Corporate Services & City Solicitor, Report LEG 07-20
City of Pickering purchase from CPC II Management Inc.
- Part of Block 54, Plan 40M-1498
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.]
3.2 Verbal update from the Deputy Mayor and Interim Chief Administrative Officer
Re: Discussions with the Province of Ontario, Region of Durham and Town of Ajax
regarding the MZO for Durham Live
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.]
3.3 Verbal Update from the Director, Corporate Services & City Solicitor
Re: Report LEG 06-20
Pickering City Centre Project
- Development Management Agreements
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DICKERING
Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
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 # 394/20
Moved by Councillor Cumming
Seconded by Councillor Pickles
That Council rise to the open session of the Special Meeting of Council.
Carried
Council took a brief pause to allow the livestream of the Meeting to be resumed.
Deputy Mayor Ashe stated that during the closed portion of the meeting, Council
discussed matters related to a proposed acquisition of land, received verbal
updates that related to advice subject to solicitor -client privilege, and matters
pertaining to negotiations being carried on by the municipality.
3.1 Director, Corporate Services & City Solicitor, Report LEG 07-20
City of Pickering purchase from CPC II Management Inc.
Part of Block 54, Plan 40M-1498
Detailed discussion ensued regarding:
• the Memo from the Interim CAO under Item 5.1, the proposed cost sharing
of the Notion Road Overpass subject to the enactment of the MZO for
Durham Live, and the financial implications on the City and whether the
City would be fully responsible for the land purchase should the MZO not
be issued;
• whether Pickering Developments Inc., would still be a willing cost sharing
partner if the MZO is not issued and what percentage of the costs they
would be willing to contribute; and,
• the need to purchase the land from CPC II in order for the Overpass to be
realized, noting this is a requirement in order for the MZO to be considered.
Resolution # 395/20
Moved by Councillor Pickles
Seconded by Councillor Cumming
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
1. That Council approve the acquisition of Part of Block 54, Plan 40M-1498,
being part of PIN 26331-0141(LT) as shown as Parts 2 and 3 on the draft
Reference Plan in Attachment No. 1;
2. That the Interim Chief Administrative Officer be authorized to execute the
Agreement of Purchase and Sale between The Corporation of the City of
Pickering, as purchaser, and CPC II Management Inc., as vendor, set out in
Attachment No. 2, subject to such minor revisions as are satisfactory to the
Interim Chief Administrative Officer and Director, Corporate Services & City
Solicitor;
3. That the Director, Corporate Services & City Solicitor be authorized to
waive any conditions contained within the said Agreement of Purchase and
Sale, and to execute on the City's behalf any documents, instruments,
transfers and agreements as may be necessary to complete the
transaction;
4. That Council authorize the purchase in the amount of $4,469,782.56 (net of
HST) and the cost be charged to account (5321.2004.6265) and the
Director Finance & Treasurer be authorized to finance this project based
upon the completion of the DC Update Study; and,
5. That appropriate City of Pickering officials be authorized to take the actions
necessary to give effect to this report.
Carried
4. Delegations
4.1 Brian McCullagh, Director of Business Development
- Business Solutions, Vianet Inc.
Re: Report LEG 08-20
Broadband Service for Whitevale and Green River - ICON Grant Funding
Brian McCullagh, Director of Business Development - Business Solutions, Vianet
Inc., was connected to the meeting via audio and was available to answer
questions under Item 5.3, Report LEG 08-20.
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
4.2 Campbell Patterson
Re: Report LEG 08-20
Broadband Service for Whitevale and Green River - ICON Grant Funding
Campbell Patterson was connected to the meeting via audio and was available to
answer questions under Item 5.3, Report LEG 08-20.
5. Matters for Consideration
5.1 Memorandum from the Interim Chief Administrative Officer
Notion Road Overpass project
- Highway 401 Road Crossing
- Durham Live
A question and answer period ensued between Members of Council and Paul
Bigioni, Director, Corporate Services & City Solicitor, regarding:
• the ability to acknowledge the letter from Pickering Developments Inc., and
request that the agreement be returned to the originally agreed upon cost-
sharing should the MZO not be issued; and,
• the process that will be undertaken should the MZO not be issued, as it
pertains to a cost-sharing agreement, which would need to be negotiated
and brought back before Council for approval.
Resolution # 396/20
Moved by Councillor Pickles
Seconded by Councillor Butt
1. That Council endorse the correspondence from Pickering Developments
Inc., dated August 5, 2020, to enter into a cost sharing agreement with the
City of Pickeringfor the total Notion Road Overpass project costs at a rate
of 40 percent, subject to the enactment of the MZO for the Durham Live
site; and,
2. That the appropriate City of Pickering officials be authorized to take the
actions necessary to draft the Notion Road Overpass project cost sharing
agreement, satisfactory to both parties, and return it to Council for approval.
Carried
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
5.2 Director, Corporate Services & City Solicitor, Report LEG 06-20
Pickering City Centre Project
- Development Management Agreements
Members of Council referred to correspondence received from David Steele that
posed several questions regarding the City Centre Project and requested that
Staff reach out to provide a fulsome response.
Detailed discussion and a question and answer period ensued between Members
of Council and staff regarding:
• the staff report that would be forthcoming in the Fall regarding the pause on
the City Centre Project, that had been in place since March, 2020, and
whether the City Centre Agreements could be deferred until that report is
considered by Council;
• the nature of the Agreements, in that they do not bind the City, and the
decision on the pause of the Project that would be decided once staff report
back to Council on the matter;
• the process typically undertaken, through a Request for Proposal (RFP), in
hiring a project manager, to provide the ability to see what options existed
in the market for pricing and services;
• the sole sourcing of the Development Managers for the City Centre and
why this was undertaken instead of the RFP process, noting the unique
circumstance of the partnership with the neighbouring landowners;
• the events that had transpired regarding the Agreements, the process that
should have been undertaken through Council approval, and the work that
had been done to re -negotiate the Agreements and bring them forward for
Council's approval;
• the retention of the Development Managers, and the benefits of having
them in place should Council decide to resume the Project;
• the list of issues that had been identified in the Agreements and the work
that had been undertaken to re -negotiate the Agreements and bring the
recommendation for approval before Council;
• any legal risks to the City in not moving forward with the approval of the
Development Management Agreements given the work already completed
to date;
• liabilities and the amount of monies, that would be owed for services
rendered should the City not be able to proceed with the Project, noting that
the monthly payments, paid up until the time of termination, may not cover
the entire costs of work completed, which would then be owed by the City;
and,
• the ability to resume the Project to complete the design work so that the
complete project costs can be presented to Council.
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
Resolution # 397/20
Moved by Councillor Cumming
Seconded by Councillor Butt
1. That the following agreements with Cushman & Wakefield Asset Services
ULC and twopointOpartners inc., be approved, subject to (i) City staff
approval of the invoices submitted by the said companies for services
rendered to date, and subject to minor revisions acceptable to the Director,
Corporate Services & City Solicitor and Interim Chief Administrative Officer:
(a) Development Management agreement between the City and
twopointOpartners inc.,. for the proposed new Performing Arts Centre;
(b) Development Management agreement between the City and
twopointOparnters inc.,. for the proposed new Central Library; and,
(c) Development Management agreement between the City and Cushman
& Wakefield. Asset Services ULC for the proposed new Seniors & Youth
Centre.
2. That invoices for services rendered by Cushman & Wakefield Asset
Services ULC in the amount of $296,459.46 (inclusive of HST) and
twopointOpartners inc., for services rendered in the amount of $668,405.36
(inclusive of HST) be approved in principle, subject to review of the said
invoices by City staff for conformity to the requirements of the above -noted
agreements;
3. That invoices for services rendered by exp Services Inc., in the amount of
$5,706.50 (inclusive of HST) be approved in principle, subject to review of
the said invoices by City staff for conformity to the requirements of the
above -noted agreements; and,
4. That appropriate City of Pickering officials be authorized to take the actions
necessary to implement the recommendations in this report.
Carried Later in the Meeting (See Following Motions)
Resolution # 398/20
Moved by Councillor McLean
Seconded by Councillor Brenner
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
That Items 1, 1 a), 1 b), and 1 c) of the main motion be divided in order that they
may be voted on separately.
Motion Lost on a Recorded Vote as Follows:
Yes No
Councillor Brenner Councillor Butt
Councillor McLean Councillor Cumming
Councillor Pickles
Deputy Mayor Ashe
Resolution # 399/20
Moved by Councillor Brenner
Seconded by Councillor McLean
That Report LEG 06-20 be deferred until such time that the Director, Finance &
Treasurer brings forward a report on the status of the pausing of the City Centre
Project.
Motion Lost on a Recorded Vote as Follows:
Yes No
Councillor Brenner Councillor Butt
Councillor McLean Councillor Cumming
Councillor Pickles
Deputy Mayor Ashe
The Main Motion was then Carried on a Recorded Vote as Follows:
Yes No
Councillor Butt Councillor Brenner
Councillor Cumming Councillor McLean
Councillor Pickles
Deputy Mayor Ashe
5.3 Director, Corporate Services & City Solicitor, Report LEG 08-20
Broadband Service for Whitevale and Green River - ICON Grant Funding
Deputy Mayor Ashe noted that Brian McCullagh, Vianet Inc., and Campbell
Patterson were available via audio connection to answer questions if required.
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
Resolution # 400/20
Moved by Councillor Pickles
Seconded by Councillor Butt
1. That the broadband network proposed in this report to service the areas of
Whitevale and Green River be endorsed;
2. That staff be directed to continue working with Vianet Inc., to complete an
application under the "Improving Connectivity for Ontario" Program for
Provincial funding support for the said broadband network; and,
3. That appropriate City of Pickering officials be authorized to take the actions
necessary to implement the recommendations in this report.
Carried
3. Confirmation By-law
By-law Number 7776/20
Councillor McLean, seconded by Councillor Cumming moved for leave to introduce a by-
law of the City of Pickering to confirm the proceedings of August 10, 2020.
4. Adjournment
Moved by Councillor Butt
Seconded by Councillor Cumming
That the meeting be adjourned.
Carried
Carried
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Special Council Meeting Minutes
August 10, 2020
Electronic Meeting
2:30 pm
The meeting adjourned at 5:57 p.m.
Dated this 10th of August, 2020.
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e'/in Ashe, Deputy Mayor
Sus Cassel, City Clerk