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HomeMy WebLinkAboutOctober 21, 2021 - Special - 7 pm Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K.AsheM.BrennerS.Butt B.McLeanD.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 J.Halsall -Division Head, Finance C.Rose -Chief Planner N.Surti -Manager, Development Review & Urban Design R.Perera -Committee Coordinator A.Gibbons -Counsel, Torys LLP 1.Roll Call The City Clerk certified that all Members of Council were present, save and exceptCouncillor Cumming, and that all Members present were participating electronically inaccordance with By-law 7771/20. 2.Disclosure of Interest No disclosures of interest were noted. Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 3.Presentations There were no presentations. 4.Delegations 4.1 Sarah Jeffrey, Board Chair, Pickering Public Library BoardRe: Report CS 35-21 Community Engagement for Pickering City Centre Design -Summary Report Sarah Jeffrey, Chair, Pickering Public Library Board, joined the electronic meeting to speak to Report CS 35-21. Ms. Jeffrey thanked Pickering residents for the comments and input provided for the design of the new library and noted that the ability to serve the growing demands of the community would be dependent on the new library. She advised that the Pickering Public Library Board endorsed the architectural design of the library adding that the space would have a variety of flexible and innovative spaces for residents of all ages. She concluded her delegation by noting that the new library would be a driver of the potential of the Community. In response to questions from Members of Council, Ms. Jeffrey noted that the proposed bridge between the Seniors & Youth Centre and the Library would provide opportunities to Library Staff to conduct programs in collaboration with City Recreation Staff. 4.2 Zoltan Bodor Re: Report CS 35-21 Community Engagement for Pickering City Centre Design -Summary Report Zoltan Bodor, Pickering Resident, joined the electronic meeting via audio connection to provide comments on the Pickering City Centre Development Plans. Mr. Bodor referred to the written comments dated October 5, 2021 that he had provided prior to the Meeting, and discussed the changes in relation to environmental sustainability and energy, since the approval of the City Centre Development Plans, and spoke to the need to review the development plans in light of the changes. He further spoke to the three energy assumption scenarios outlined in the Durham Regional Official Plan, and asked that Council review the City Centre Development plans to include sustainable energy efficiencies. He discussed the potential for collaborating with Universities in evaluating the City Centre Development Plans in regards to environmental sustainability, adding that the evaluation could be done in parallel to the City Centre Project. Mr. Bodor Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm concluded his delegation by asking Council to reflect on the vision for the new City Centre. 4.3 H. Gerald Murphy Jr., B. Mus., Music Director, Pickering Community Concert Band Re: Corr. 46-21 The Pickering Community Concert Band Executive Committee H.Gerald Murphy Jr., B. Music. Musical DirectorPickering Community Concert Band Re: Proposed Pickering Performing Arts Centre H.Gerald Murphy Jr., B. Mus., Music Director, Pickering Community ConcertBand, joined the electronic meeting via audio connection to speak to Corr. 46-21.Mr. Gerald spoke to the need of the proposed Pickering Performing Arts Centre and the challenges posed by the lack of performing arts spaces in the community. He advised that he was a member of the Canadian Band Association, adding thatthe proposed centre could be a potential venue to hold a Canadian BandAssociation Weekend. Mr. Murphy Jr. asked that the proposed Centre beaccessible to the Community at a fair and reasonable cost and concluded his delegation by adding that the Pickering Community Concert Band endorsed the project. At the conclusion of the delegation, Mayor Ryan announced an event that had occurred earlier in the day, where the City was presented with its first quarterly casino revenue payment in the amount of $2,439 575.00. Mayor Ryan stated that this was a significant contribution to Pickering’s financial side and that he was pleased to receive the payment and would look forward to more in the future. 5.Correspondence 5.1 Corr. 44-21Andrew Arifuzzaman, Chief Administrative Officer University of Toronto Scarborough Re: Proposed Pickering Performing Arts Centre Resolution # 695/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 44-21, from Andrew Arifuzzaman, Chief Administrative Officer, University of Toronto Scarborough, dated October 1, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 5.2 Corr. 45-21 Anna Lynn Murphy, Artistic Director and Founder Richard Newland, President Young Singers Re: Proposed Pickering Performing Arts Centre Resolution # 696/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 45-21, from Anna Lynn Murphy, Artistic Director and Founder, and, Richard Newland, President, Young Singers, dated September 29, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. 5.3 Corr. 46-21 The Pickering Community Concert Band Executive Committee H.Gerald Murphy Jr., B. Music. Musical Director Pickering Community Concert Band Re: Proposed Pickering Performing Arts Centre Resolution # 697/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 46-21, from the Pickering Community Concert Band Executive Committee, and H. Gerald Murphy Jr., B. Music. Musical Director, dated October 9, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. 5.4 Corr. 47-21 St. Mary Catholic Secondary School Re: Proposed Pickering Performing Arts Centre Resolution # 698/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 47-21, from the St. Mary Catholic Secondary School, dated September 30, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 6.Matters for Consideration 6.1 Director, Community Services, Report CS 35-21Community Engagement for Pickering City Centre Design -Summary Report Marisa Carpino, Chief Administrative Officer, provided an overview of the City Centre Project and steps taken to date. She added that the Project was expected to be completed around 2023, and that the 2020 Capital Budget included the City Centre project at the amount of $187 million, and spoke to the pause in the Project due to the COVID-19 Pandemic. She advised that Reports CS 35-21 and FIN 15-21 present the design of the Project and seek Council’s direction to carry out further negotiations with the Ontario Pension Board (OPB). Brief discussion ensued between Members of Council regarding the comprehensive outreach model undertaken by Staff. Resolution #699/21 Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Report CS 35-21 regarding the Pickering City Centre communitydesign consultation summary report be received for information; and, 2.That the appropriate City officials be authorized to take the necessaryactions as indicated in this report. Carried 6.2 Director, Finance & Treasurer, Report FIN 15-21 City Centre Financial and Legal Implications Mayor Ryan noted that during the Special In-Camera Meeting held earlier at 1 p.m., Council directed Staff to undertake the Phase Two works (proposeddivesture of its Elexicon investment) as described in the presentation of theDirector, Finance & Treasurer, for that purpose, and to retain Deloitte LLP at acost of $185,000 (Net of HST) to be charged to the City’s General GovernmentConsulting account in accordance with Purchasing Policy 10.03 (c), and that the net result of the resolution was the identification of financial capacity to adopt theStaff recommendations noted in FIN 15-21 without amendment. Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm Discussion and a question and answer period ensued between Members of Council and Staff regarding: •the project being a good community investment and the benefits of placing the facilities in close proximity to serve the growing population of the city; •the City’s financial strategy being to divest its Elexicon investments to offsetthe City share of the City Centre debt and to undertake future projectswhich were previously allocated to be debt financed; •introducing financial flexibility for the new term of Council to undertake newprojects as they deem fit; •ensuring that Staff proceed in negotiating the inclusion of provisions pertaining to profit sharing on any future sale of the South Esplanade Block,and removing certain restrictions on title to the OPB's lands through theMaster Development Agreement; •the City obtaining fee simple title, as opposed to a strata parcel, for the Library lands resulting in higher real estate value; •the Pickering Animal Shelter moving forward through the new revenuestream; •the new revenue stream not placing any financial burden on the taxpayerand the revenue strategy also creating a rainy day fund for the City; •the design concept of the Project and the piazza bringing the communitytogether; •the process for selling the Elexicon shares and the provisions in theAgreements to provide the current shareholders the first opportunity topurchase, before selling the shares on the open market; •the Pickering Museum project being placed on hold; •the Seaton Recreation Complex and Library design proceeding, subject tothe new term of council’s approval, and being projected to be completed for2024; and, •Staff’s efforts in moving the City Centre Project forward and the City CentreProject being generational and transformational. Resolution #700/21 Moved by Councillor Pickles Seconded by Councillor Ashe 1.That Report FIN 15-21 of the Director, Finance & Treasurer be received; 2.That Council receive for information the “5-Year Capital & OperatingFinancial Plan” prepared by Watson & Associates Economists Ltd., datedOctober 14, 2021; Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 3.That should Council wish to proceed with the City Centre Project, that thefollowing actions related to the Project be approved: a.That the City Centre project’s fixed cost ceiling be established at $207.70million, that is funded from reserves of $3.6 million, that results in the preliminary estimated total new debt borrowing of $204.13 allocated between Development Charge Funded Debt of $110.13 million and CityShare Debt of $94.00 million (to be funded from future casino revenues),and to reduce the financial stress and strain this total amount of debt(DC and City) would cause in both the short and medium term, that City staff be directed to explore all revenue options including grants and partnerships and that to manage the City’s debt structure below theProvincial Annual Repayment Limit (ARL), all debt financed projectsrelated to Seaton and the Pickering Museum Village be placed on a“medium term pause” (post 2028) and that other future debt financed capital projects be measured against the recommended guideline that they proceed, only if the project is required for the health and safety ofresidents and/or staff; and, b.That, in order for staff to meet the April 2022 timeline of awarding of the construction contract for the Pickering City Centre, Council approve the following investments (expenditures) from October 22, 2021 to April 30,2022: i That Council approve $6,449,000 million (net of HST) to be awarded to architects-Alliance for the preparation of construction drawings and tender documents for the City Centre project excluding the City parking garage; ii That Council approve $345,000 (net of HST) to Cushman & Wakefield Asset Services LLC on account of its development management fees related to the Senior & Youth Centre, Bridge Link and for the relocation of site services; iii That Council approve $627,000 (net of HST) to twopointO Partners Inc. on account of its development management fees related to the Library, Public Square/Public Realm and Performing Arts Centre; iv That Council approve $512,870 (net of HST) to SKA for works related to the design and drawings for the relocation of services; v That Council approve $175,900 (net of HST) to Deloitte LLP for construction project management services to be funded from current budget operating account 2121.2392 and funded 100 Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm percent from the casino reserve in accordance with Purchasing Policy 10.03 (c); vi That Council approve $432,480 (net of HST) to Torys LLP to complete all of the legal agreements necessary for the execution of contracts to be approved at the April 2022 meeting; vii That Council approve $40,700 (net of HST) for soil/environmental testing and related works as part of the due diligence process related to the land transaction and to be funded from the 2019 Capital Budget account; viii That IBI Group be retained to undertake a parking strategy for the new proposed underground parking garage at a cost not to exceed $50,000 (net of HST) and to be funded from 2019 Capital Budget account; ix That Council approve $941,000 (net of HST) to OPB Realty Inc. for reimbursement of work for the City portion of the underground parking garage design and development expenses; x That Deloitte LLP be retained to undertake and develop a debt financing strategy for the City Centre project at a cost not to exceed $45,800 (net of HST); xi That the Director, Finance & Treasurer be authorized to allocate the above approved expenditures and prior approved and prior year’s City Centre expenditures to the various capital accounts and to maximize the use of development charge funding; and, xii That Council approve $92,284 (plus HST) to be awarded to EllisDon Corporation for General Contractor Services consulting contract related to preconstruction work for the City Centre project under RFP2021-3 and this cost be funded from the 2019 Capital Budget account; 4.That, in the event Council approves the actions set out in Recommendation 3 above, the material content of the provisions contained in the draft Master Agreement and related Memorandum (Attachment 2) are endorsed, andwill be contained within a final Master Agreement to be executed by theCity and OPB Realty Inc. (or an affiliate of OPB Realty Inc.), subject to thesatisfaction of the concerns more particularly set out within this report regarding: (i) profit sharing on any future sale of the South Esplanade Block and (ii) certain restrictions on title to OPB's lands; Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 5.That, in the event Council approves the actions set out in Recommendation3 above, the form of Contract for Architectural Services (Attachment 7) beapproved for use in respect of the design and construction of each of thenew City facilities included in the City Centre project, and that the Mayor and City Clerk be authorized to execute such contracts in conformity with the budget parameters established in this report by the Director, Finance &Treasurer and subject to minor revisions acceptable to the ChiefAdministrative Officer and the Director, Corporate Services & City Solicitor; 6.That, in the event Council approves the actions set out in Recommendation 3 above, the final form of Master Agreement, and all project contractsreferred to within it, be brought before Council for approval as they arenegotiated, but no later than April, 2022; and, 7.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried Unanimously on a Recorded Vote 7.Confirmation By-law By-law Number 7889/21 Councillor Brenner, seconded by Councillor McLean moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of October 21, 2021. Carried 8.Adjournment Moved by Councillor AsheSeconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 8:14 p.m. Dated this 21st day of October, 2021. Original Signed By: Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm David Ryan, Mayor Original Signed By: Susan Cassel, City Clerk