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Home My WebLink AboutJuly 25, 2024 - Special CouncilDraft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm Present: Mayor Kevin Ashe Councillors: M. Brenner L. Cook M. Nagy D. Pickles L. Robinson Absent: S. Butt Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Karwowski - Director, Finance & Treasurer B. Duffield - Director, Operations S. Cassel - City Clerk J. Halsall - Division Head, Finance J. Bekramchand - Senior Financial Analyst - Capital & Debt Management C. Redmond - (Acting) Deputy Clerk 1. Roll Call The City Clerk certified that all Members of Council were present and participating in- person, save and except Councillor Butt. 2. Disclosure of Interest No disclosures of interest were noted. Resolution # 559/24 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 litigation or potential litigation, including matters before administrative tribunals, affecting Draft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. These matters are being discussed in closed session as they relate to a Confidential Report from the Director, Finance & Treasurer regarding the Pickering Soccer Dome Insurance Update – Settlement Offer. Carried Members of Council and staff moved from the Council Chambers to the Main Committee Room for the in-camera portion of the Meeting. 3. In Camera Matters 3.1 Director, Finance & Treasurer, Confidential Report FIN 13-24 Re: Pickering Soccer Dome Insurance Update - Settlement Offer 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 # 560/24 Moved by Councillor Robinson Seconded by Councillor Cook That Council rise to the open session of the Special Meeting of Council. Carried Council reconvened in the Council Chambers at 5:01 p.m. for the public portion of the Meeting. Upon reconvening, Council took a brief pause to allow the livestream of the Meeting to be resumed. 4. Confidential Special Council – Public Report (Council Chambers) Mayor Ashe advised that during the closed portion of the meeting, Council considered a matter pertaining to the Pickering Soccer Dome Insurance Update – Settlement Offer. These matters were discussed in closed session as they relate to litigation or potential litigation, including matters before administrative tribunals, Draft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm affecting the municipality or local board and receipt of advice subject to solicitor- client privilege, including communications necessary for that purpose. 4.1 Director, Finance & Treasurer, Confidential Report FIN 13-24 Re: Pickering Soccer Dome Insurance Update - Settlement Offer Resolution # 561/24 Moved by Councillor Pickles Seconded by Councillor Cook Recommendation: 1. That Report FIN 13-24 regarding Pickering Soccer Dome Insurance Update be received; 2. That staff be directed to accept the settlement agreement reached with Aviva Insurance Company of Canada and Zurich Insurance Company Ltd. to reimburse the City in the amount of $2,606,904 that represents 92 percent of the net HST construction and installation costs to replace the Pickering Soccer Dome cover, soccer turf and related costs, and that Council direct City staff to not pursue additional financial recovery through litigation; and, 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Carried 5. Delegations 5.1 There were no delegations. 6. Matters for Consideration 6.1 Director, Finance & Treasurer, Report FIN 14-24 Pickering Soccer Dome Rebuild Project A question and answer period ensued between Members of Council and staff regarding: x the timing of being informed of the budget shortfall with only five days left before the offer of settlement expired, with staff noting it had taken some Draft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm time to go back and forth with both insurance companies (Aviva and Zurich) as they required additional information during the processing of the claim; x why the upgrades for the Pickering Soccer Dome did not qualify as “like for like” improvements and were not covered by the City’s insurers; x the amount of the shortfall being paid by the Pickering Football Club being based on the current funding agreement in place with the Club and that staff would be bringing forward an agreement in the fall outlining how the Pickering Football Club would begin to contribute towards the future replacement costs of the asset; x the City’s positive working relationship with the Pickering Football Club over many years; x how the collapse of the Dome would result in an increase to the City’s insurance premiums and how it would affect any future claims; and, x that due to the rebuild of the Dome, the lifecycle of the asset had now been reset resulting in the asset lasting for another 20 years instead of the approximate 12 years it had left prior to the collapse. Resolution # 562/24 Moved by Councillor Cook Seconded by Councillor Nagy 1. That Report FIN 14-24 regarding Pickering Soccer Dome Rebuild project be received; 2. That Council authorize the Director, Finance & Treasurer to finance the Pickering Soccer Dome Rebuild project total net HST project cost of $2,833,300 as follows; a) the sum of $2,365,000 to be funded from the settlement agreement reached with Aviva Insurance Company of Canada and Zurich Insurance Company Ltd. (subject to Council’s acceptance of the settlement agreement); b) the additional sum of $468,300 be funded as follows to cover the remaining over expenditure: i) $241,294 from the settlement agreement reached with Aviva Insurance Company of Canada and Zurich Insurance Company Ltd. (subject to Council’s acceptance of the settlement agreement); ii) $108,395 from the Rate Stabilization Reserve; Draft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm iii) $118,611 from the Pickering Football Club (PFC); and, 3. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Carried Unanimously on a Recorded Vote 6.2 Director, Finance & Treasurer, FIN 15-24 Ontario Transfer Payment Agreement with the Province of Ontario - Building Faster Fund A question and answer period ensued between Members of Council and staff regarding: x the requirements for the City to submit an Investment Plan to the Province that lists potential projects and uses of the funds; x whether the Province was exerting control over the City’s spending decisions on what the funds were being used for, how it would be perceived by the public, and whether the Provincial priorities were taking precedence over local objectives; x the timing of the City’s Municipal Housing Pledge to meet the Provincial housing targets, the City receiving Strong Mayor Powers after the Pledge had been signed, and whether the grant funding for exceeding the housing targets would be perceived by the public to be influencing the City’s decisions; x whether projects submitted in the Investment Plan needed to be completed prior to the March 31, 2026 end date in order to receive the grant funds; x a request that staff provide Council with the Province’s definition of affordable housing units, and whether the City was looking at modular housing; x the approach of seeking out grant programs that were of interest to the community and how the City approaches the process to have projects completed on time; and, x the funding allocation received by the City being based on the 1,502 new housing starts in 2023, clarifying that the Province based the numbers on the Canadian Mortgage and Housing Corporation housing starts not the number of building permits issued. Resolution # 563/24 Moved by Councillor Brenner Seconded by Councillor Cook Draft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm 1. That Report FIN 15-24 regarding the Ontario Transfer Payment Agreement with the Province of Ontario be received; 2. That the Mayor and City Clerk be authorized to execute the Ontario Transfer Payment Agreement with the Province of Ontario for the Building Faster Fund; 3. That the draft By-law, included as Attachment 1 to Report FIN 15-24, to create the Building Faster Fund (BFF) Reserve Fund be approved and enacted; and, 4. That the appropriate City of Pickering officials be given authority to take the necessary actions to give effect thereto. Carried on a Recorded Vote as Follows: Yes: Councillor Brenner Councillor Cook Councillor Nagy Councillor Pickles Mayor Ashe No: Councillor Robinson 7. By-laws 7.1 By-law 8125/24 Being a By-law to Provide for the Establishment of a Reserve Fund to be known as the Building Faster Fund (BFF) Reserve Fund. Resolution # 564/24 Moved by Councillor Brenner Seconded by Councillor Nagy That By-law 8125/24 be approved. Carried 8. Confirmatory By-law By-law 8126/24 Draft Special Council Meeting Minutes July 25, 2024 Hybrid Electronic Meeting Council Chambers 4:30 pm Councillor Cook seconded by Councillor Nagy moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of the Special Council Meeting of July 25, 2024. Carried 9. Adjournment Moved by Councillor Nagy Seconded by Councillor Robinson That the meeting be adjourned. Carried The meeting adjourned at 5:46 p.m. Dated this 25th day of July, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk