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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. 1 DICKERING 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 2 C(r a{ 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 i DICKERING 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. i� -j DICKERING 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 czy DICKERING 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. r/; �f PICKERING 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 7- (rlr! DICKERING 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. 8 GCS qL DICKERING 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 cty od DICKERING 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. -10- e'/in Ashe, Deputy Mayor Sus Cassel, City Clerk