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Home My WebLink AboutNovember 1, 2021 - Special Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm Present: Mayor David Ryan Councillors: K.AsheM.BrennerS.Butt B.McLean D.Pickles Absent I.Cumming Also Present: M.Carpino -Chief Administrative Officer K.Bentley -Director, City Development & CBO P.Bigioni -Director, Corporate Services & City Solicitor S.Douglas-Murray -Director, Community Services B.Duffield -Director, Operations 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 N.Surti -Manager, Development Review & Urban Design R.Perera -Deputy Clerk C.Morrison -Principal Planner, Development Review A.Gibbons -Counsel, Torys LLP 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Cumming, and that all Members present were participating electronically inaccordance with By-law 7771/20. 2.Disclosure of Interest Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm No disclosures of interest were noted. Resolution #719/21 Moved by Councillor Pickles Seconded by Councillor Butt 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: b)personal matters about an identifiable individual, including municipal or local boardemployees; d)labour relations or employee negotiations; e)litigation or potential litigation, including matters before administrative tribunals,affecting 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 negotiationscarried on or to be carried on by or on behalf of the municipality or local board. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 3.In Camera Matters 3.1 Confidential Memorandum from the Director, Human ResourcesRe: Ratification of the Pickering Firefighters’ Collective Bargaining Memorandum of Settlement 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 Confidential Memorandum from the Director, Human Resources Re: Personal Matter about an Identifiable Individual Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 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.] 3.3 Confidential Memorandum from the Director, City Development Re: Claremont Subdivision and Rezoning Applications Before the Ontario Land Tribunal (OLT) 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.] 3.4 Confidential Verbal Update from the City Solicitor Re: the Master Development Agreement Negotiations for the City Centre 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 #720/21 Moved by Councillor Pickles Seconded by Councillor McLean That Council rise to the open session of the Special Meeting of Council and ratify the confidential direction provided to Staff. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council considered matters relating to a personal matter about an identifiable individual, labour relations and negotiations, negotiations being carried out on behalf of the municipality, received advice subject to solicitor-client privilege, and provided direction to Staff. 3.1 Confidential Memorandum from the Director, Human Resources Re: Ratification of the Pickering Firefighters’ Collective Bargaining Memorandum of Settlement Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm Mayor Ryan stated that the direction pertaining to Item 3.1, Ratification of the Pickering Firefighters’ Collective Agreement was before Council to adopt in open session. Resolution #721/21 Moved by Councillor Butt Seconded by Councillor McLean That the Memorandum of Settlement, dated October 22, 2021, between The Corporation of the City of Pickering and the Pickering Professional Firefighters’ Association (PPFA) be ratified, and the Director, Human Resources be authorized to take the necessary actions. Carried Unanimously on a Recorded Vote 4.Delegations There were no delegations. 5.Matters for Consideration 5.1 Director, Corporate Services & City Solicitor, Report LEG 19-21City Centre Project Master Agreement Issues A question and answer period ensued between Members of Council and Staff, regarding: •the City gaining close to $1 million in real estate value in the land swap to the Ontario Pension Board (OPB), and the need for the proposed facilitiesin the City Centre project; •the participation covenants potentially limiting Community Services and theLibrary in displaying videos and films in the new City Centre; •the City Centre square being the intended location for the Farmer’s Market,and the Farmer’s Market currently operating in the City Hall parking lot dueto preference for a hard surface; •conditions placed by the Province and the Federal Governments whenselling land to a Municipality to deter the flip of lands; •the City solicitor, Torys LLP, and Deloitte LLP supporting the prudence of aparticipation covenant in the Master Development Agreement; •the need to continue discussions with the OPB to ensure that the MasterDevelopment Agreement includes participation covenants; Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm •the City conducting the land swap in trust that OPB would developcondominiums on the lands and the possibility of the City having a financialrisk should the OPB not develop on the lands; •the possibility of a new owner applying for a zoning amendment should theOPB resell the lands; •the vision for condominiums to be built on the South Esplanade Block beinga mechanism to offset the operating cost of the three buildings; •the land appraisal conducted by the independent firm demonstrating goodvalue for the City on the land swap; •Staff having reasonable confidence that the City would be able to resolve the issue of the covenants with Farm Boy and Cineplex, and the City’s ability to address the covenants directly with Farm Boy and Cineplex; •the nature of the films that would be displayed by the Library andCommunity Services differing from those that would be displayed by Cineplex eliminating any competition; •both the City and the OPB working together to limit the restrictions thatwould be posed on the City by the restrictive covenants and the intention ofthe OPB being to provide clear title of the lands to the City; •other options being at the City’s disposal to resolve the issue pertaining torestrictive covenants should the OPB be unable to resolve the issues; and, •confidence that the City would not be at risk without the participation clause due to the subject lands being of prime real estate value and the socio- economic benefits of the project. Resolution #722/21 Moved by Councillor Ashe Seconded by Councillor Pickles 1.That Report LEG 19-21 be received; 2.That Council wishes to proceed with the City Centre Project, and that staff be directed to finalize the Master Agreement: (i) without any provisions forprofit-sharing; and, (ii) without any additional provisions addressingrestrictive covenants; and, 3.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm Councillor Butt Councillor McLean Councillor Pickles Mayor Ryan 6.Confirmation By-law By-law Number 7882/21 Councillor Ashe, seconded by Councillor Pickles moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of November 1, 2021. Carried 7.Adjournment Moved by Councillor ButtSeconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 2:39 pm Dated this 1st of November, 2021. Original Signed By: David Ryan, Mayor Original Signed By: Susan Cassel, City Clerk