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HomeMy WebLinkAboutJanuary 8, 2024 - Special CouncilDraft Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Present: Mayor Kevin Ashe Councillors: M. BrennerS. ButtL. Cook M. NagyD. Pickles L. Robinson Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor N.Robinson -Deputy Fire Chief L. Gibbs -(Acting) Director, Community Services B. Duffield -Director, Operations R. Holborn -Director, Engineering Services S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk A.MacGillivray -Committee Coordinator 1.Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating in-person. 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 George Turner, Pickering Resident Re: Report ENG 01-24 Amendment to the Road Servicing Agreement with Tribute (Liverpool) Limited -Walnut Lane Extension George Turner, Pickering Resident appeared before Council to speak to concerns regarding Report ENG 01-24. Mr. Turner indicated that he was of the opinion that Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting the extension of Walnut Lane was not necessary and that he had questions of Council and staff regarding the project. Mr. Turner asked for clarification regarding what measures were in place to prevent project cost overruns and questioned the additional funds requested for the Whitevale Drainage Project and the Pickering Heritage & Community Centre in the upcoming capital budget. He spoke to the response he received from staff regarding the City’s procurement and approval processes and raised concerns as to why this matter was being considered at a Special Meeting of Council rather than a regular Council Meeting. Mr. Turner inquired as to whether this project was being considered in isolation from other City projects and spoke to the proposed scope reductions for the project that would impact elements such as the multi-use path, public art, and seating areas. He suggested that the City should consider modifying the bridge to be a pedestrian bridge rather than a bridge for vehicle traffic. A question and answer period ensued between Members of Council, staff, and Mr. Turner regarding: • the need to consider the matter at a Special Council Meeting due to time constraints relating to maintaining tender rights; • clarification that the project was not being reviewed in isolation from other City projects; • clarification regarding the City’s processes to monitor and manage project costs; and, • clarification that Development Charges (DCs) collected for the purpose of constructing the bridge are obligated to be spent on the construction costs of the bridge. Mr. Turner concluded his delegation speaking to his past work experience and the importance of reviewing and changing processes when necessary to ensure proper project controls are in place. 4. Matters for Consideration 4.1 Director, Engineering Services, Report ENG 01-24 Amendment to the Road Servicing Agreement with Tribute (Liverpool) Limited - Walnut Lane Extension Richard Holborn, Director, Engineering Services, provided an overview of ENG 01-24, the City’s partnership with Tribute Communities, and the request from staff for additional funds for the project due to contractor bids coming in above what was approved in the 2022 and 2023 Capital Budgets. Mr. Holborn concluded his remarks advising that the requested funds also include a contingency of 5% amounting to the sum of $397,091.00. Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting A question and answer period ensued between Members of Council and staff regarding: • staff’s recommendation to remove elements of the project for cost savings including the multiuse path along the north side of Walnut Lane, the storm sewer outfall access roads, and temporary streetlighting and signaling associated with the construction of the multi-use path; • clarification that bike lanes and a concrete pedestrian sidewalk were also provisioned to be included as part of the Walnut Lane extension; • clarification regarding storm sewer outfall access roads and that they could be deferred until if and when the sewer outfall needed rehabilitation; • concerns regarding the potential for increased costs as a result of deferring project elements; • concerns that the proposed removal of elements from the project would significantly change the planned community; • clarification regarding the removal of temporary lighting and signaling that was associated with the construction of the multi-use path; • whether the muti-use path and the storm sewer outfall access roads were identified in the environmental assessment (EA) process; • clarification regarding the implications of refusing the proposed tender; • concerns regarding the project not proceeding and the potential higher costs if the tender had to be reissued; • clarification regarding the accounts from which the additional funds would come from; • clarification as to whether the contingency fund would increase as the total project cost increases; • clarification regarding the involvement of Tribute Communities in the project and that the additional costs were the City’s responsibility as it was a City project; • clarification as to how the extension of Walnut Lane would enhance traffic movements in the area; • whether there would be any legal risk to the City if they did not move forward with the tender; • clarification that the City is obligated to undertake the Walnut Lane extension as it was approved by a Class EA and DCs were collected for the project; • clarification as to whether or not constructing the access roads to the sewer water outfall would pose any risks and that the construction of the access roads could take place when repairs are needed in the future; and, • whether the City develops relationships and evaluates the vendors it works with. Resolution #373/24 Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Moved by Councillor Cook Seconded by Councillor Nagy 1. That the Road Servicing Agreement with Tribute (Liverpool) Limited to facilitate for the construction of the Walnut Lane extension between Kingston Road and Liverpool Road be revised to reflect an increase in the total project cost in the amount of $1,097,815.00 (plus HST); 2. That the Mayor and City Clerk are hereby authorized to execute the revised Road Servicing Agreement between the City of Pickering and Tribute (Liverpool) Limited subject to revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor; 3. That Council authorize the Director, Finance & Treasurer to finance the additional project cost of $1,240,531.00 (HST included) and net project cost of $1,117,137.00 (net of HST rebate), above the approved 2022 and 2023 Capital Budget amounts, as outlined in the revised Road Servicing Agreement as follows: a) the additional sum of $279,284.00 to be funded from a transfer from the City’s DC Share Reserve; b) the additional sum of $837,853.00 to be funded from a transfer from the Development Charges -Transportation Reserve Fund; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried Later in the Meeting (See Following Motion) Resolution #374/24 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Item 1 of the main motion be amended by replacing $1,097,815.00 (plus HST) with $1,247,815.00 (plus HST) to include the additional costs associated with the multi-use path on the north side of Walnut Lane, and the temporary streetlighting; Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting 2. That Item 3 of the main motion be amended by replacing $1,240,531.00 (HST included) with $1,410,031.00 (HST included) and $1,117,137.00 (net of HST rebate) with $1,269,777.00 (net of HST rebate); and, 3. That a new Item 3 (c) be added to read as follows: (c) That the Director, Finance & Treasurer be authorized to fund the additional costs at his discretion. Carried on a Recorded Vote as follows: Yes No Mayor Ashe Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Councillor Robinson The Main Motion, as amended, was then Carried on a Recorded Vote as follows: Yes No Mayor Ashe Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles Councillor Robinson Resolution #375/24 Moved by Councillor Cook Seconded by Councillor Pickles That Council move into closed session in accordance with the provisions of Section 239(2) of the Municipal Act and the Procedure By-law, to consider a matter pertaining to advice that is subject to solicitor-client privilege; a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality which if disclosed could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; a trade secret or scientific, technical, Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting commercial or financial information that belongs to the municipality and has monetary value or potential monetary value; and, 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 as it pertains to Elexicon Corporation Strategic Initiatives. Carried Members of Council and applicable staff moved from the Council Chambers to the Main Committee Room for the in-camera portion of the Meeting. 5. In Camera Matters (Main Committee Room) 5.1 Confidential Verbal Update from the Chief Administrative Officer and Receipt of Legal Advice from J. Mark Rodger, Partner, BLG LLP Re: Elexicon Corporation Strategic Initiatives 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 # 376/24 Moved by Councillor Robinson Seconded by Councillor Nagy That Council rise to the open session of the Special Meeting of Council. Carried 6. Confidential Special Council – Public Report (Council Chambers) Mayor Ashe stated that during the closed portion of the meeting, Council received a confidential verbal update and advice subject to solicitor-client privilege, as it pertains to Elexicon Corporation Strategic Initiatives and that no decisions were made and no direction was provided to staff. 7. Confirmatory By-law By-law Number 8071/24 Councillor Brenner, seconded by Councillor Cook moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of January 8, 2024. Special Council Meeting Minutes January 8, 2024 Hybrid Electronic Meeting Council Chambers Immediately Following the Executive Committee Meeting Carried 6. Adjournment Moved by Councillor Cook Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 4:59 pm. Dated this 8th of January, 2023. Kevin Ashe, Mayor Susan Cassel, City Clerk