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HomeMy WebLinkAboutAugust 12, 2025 - Special Council Special Council Meeting Minutes Electronic Meeting August 12, 2025 - 03:00 PM Chair: Mayor Ashe Present: Mayor K. Ashe Councillor M. Brenner Councillor S. Butt Councillor L. Cook Councillor M. Nagy Councillor D. Pickles Councillor L. Robinson Regrets: None Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Boyd - Fire Chief J. Eddy - Director, Human Resources K. Heathcote - Director, City Infrastructure L. Gibbs - Director, Community Services 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 P. Helgesen - Division Head, Water Resources & Development Services V. Plouffe - Division Head, Facilities Management & Construction D. Quaife - Division Head, Information Technology 1 A. Mostert - Manager, Landscape & Parks Development R. Kumar - Senior Financial Analyst – Development Charges & Capital Management H. Thakor - Senior Officer Economic Development & Strategic Projects R. Perera - Deputy Clerk Call to Order/Roll Call The City Clerk certified that all Members of Council were present and participating electronically. Disclosure of Interest Councillor Pickles - Director, Corporate Services & City Solicitor, Confidential Report LEG 05-25 A conflict of interest was declared under the Municipal Conflict of Interest Act with respect to Item 3.1, Confidential Report LEG 05-25 from the Director, Corporate Services & City Solicitor, regarding the potential acquisition of Frenchman’s Bay, on the basis of the possible involvement of an organization that he was affiliated with. Councillor Pickles did not take part in the discussion or vote on this matter and left the virtual meeting room during the in-camera portion of the Meeting. Councillor Robinson - Corr. 36-25 A conflict of interest was declared under the Municipal Conflict of Interest Act with respect to Item 6.1, Corr. 36-25, Integrity Commissioner’s Recommendation Report Regarding Multiple Complaints against Councillor Robinson, August 5, 2025. Councillor Robinson stated that in accordance with Section 5 of the Municipal Conflict of Interest Act, she reserved her right to take part in the discussion of the matter, however, would not take part in the vote. In Camera Matters Resolution #804/25 Moved By Councillor Cook Seconded By Councillor Robinson That Council move into closed session in accordance with the Municipal Act and the Procedure By-law to receive advice subject to solicitor-client privilege, and to consider matters pertaining to a proposed or pending acquisition or disposition of land by the municipality; a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality, which, if disclosed, could 1. 2. 2.1 2.2 3. Special Council Meeting Minutes August 12, 2025 2 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, commercial or financial information that belongs to the municipality or local board 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 or local board. The matters being discussed in closed session pertain to the potential acquisition of Frenchman's Bay, a presentation from Elexicon, Elexicon Corporation – Corporate Matters, and an economic development update regarding Ontario Power Generation. Carried Mayor Ashe reminded Members of their confidentiality obligations under the Procedure By- law and the Council Code of Conduct. Council took a brief pause to allow the livestream of the Meeting to be severed. Director, Corporate Services & City Solicitor, Confidential Report LEG 05-25 Re: Potential Acquisition of Frenchman's Bay Councillor Pickles declared a conflict on this item. ( A conflict of interest was declared under the Municipal Conflict of Interest Act with respect to Item 3.1, Confidential Report LEG 05-25 from the Director, Corporate Services & City Solicitor, regarding the potential acquisition of Frenchman’s Bay, on the basis of the possible involvement of an organization that he was affiliated with. Councillor Pickles did not take part in the discussion or vote on this matter and left the virtual meeting room during the in-camera portion of the Meeting. ) 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.] Presentation from Amanda Klein, President and CEO, Cynthia Chan, Chief Financial Officer, Stephen Vetsis, VP of Regulatory Affairs and Stakeholder Relations, and Jodi MacLean, Manager of Communications and Public Affairs, Elexicon 3.1 3.2 Special Council Meeting Minutes August 12, 2025 3 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.] Confidential Memorandum from the Director, Corporate Services & City Solicitor Re: Elexicon Corporation – Corporate Matters 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.] Confidential Memorandum from the Director, Economic Development & Strategic Projects Re: Economic Development Update regarding Ontario Power Generation 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 #805/25 Moved By Councillor Robinson Seconded By Councillor Nagy That Council rise and resume into the open session of the Special Meeting of Council. Carried It was the consensus of Council to take a short recess. Council recessed at 5:25 p.m. and reconvened at 5:53 p.m. in open session. Council took a brief pause to allow the livestream of the Meeting to be resumed. Confidential Special Council - Public Report Mayor Ashe stated that during the closed portion of the meeting, Council considered 3.3 3.4 4. Special Council Meeting Minutes August 12, 2025 4 matters pertaining to the potential acquisition of Frenchman's Bay, a presentation from Elexicon, Elexicon Corporation – Corporate Matters, and an economic development update regarding Ontario Power Generation. These matters were discussed in closed session to receive advice subject to solicitor-client privilege, and to consider matters pertaining to a proposed or pending acquisition or disposition of land by the municipality; 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, commercial or financial information that belongs to the municipality or local board 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 or local board. Director, Corporate Services & City Solicitor, Confidential Report LEG 05-25 Re: Potential Acquisition of Frenchman's Bay Having previously declared a conflict of interest, Councillor Pickles did not vote on the following item. Resolution #806/25 Moved By Councillor Brenner Seconded By Councillor Cook That the confidential direction provided to staff through Report LEG 05-25, be approved. Carried Confidential Memorandum from the Director, Corporate Services & City Solicitor Re: Elexicon Corporation – Corporate Matters Resolution #807/25 Moved By Councillor Robinson Seconded By Councillor Cook That the confidential direction provided to staff through the confidential memorandum from the Director, Corporate Services & City Solicitor, be approved. Carried 4.1 4.2 Special Council Meeting Minutes August 12, 2025 5 Confidential Memorandum from the Director, Economic Development & Strategic Projects Re: Economic Development Update regarding Ontario Power Generation Resolution #808/25 Moved By Councillor Butt Seconded By Councillor Cook That the confidential direction provided to staff through the confidential memorandum from the Director, Economic Development & Strategic Projects, be approved. Carried Delegations There were no delegations. Correspondence Corr. 36-25 Jeff Abrams, Co-Principal and Janice Atwood-Petkovski, Co-Principal, Principles Integrity, Integrity Commissioner for the City of Pickering Re: Integrity Commissioner’s Recommendation Report Regarding Mulitple Complaints Against Councillor Robinson - August 5, 2025 Councillor Robinson declared a conflict on this item. ( A conflict of interest was declared under the Municipal Conflict of Interest Act with respect to Item 6.1, Corr. 36-25, Integrity Commissioner’s Recommendation Report Regarding Multiple Complaints against Councillor Robinson, August 5, 2025. Councillor Robinson stated that in accordance with Section 5 of the Municipal Conflict of Interest Act, she reserved her right to take part in the discussion of the matter, however, would not take part in the vote. ) J. Abrams, Co-Principal and J. Atwood-Petkovski, Co-Principal, Principles Integrity, appeared before Council via electronic connection to provide opening remarks on the Recommendation Report Regarding Multiple Complaints Against Councillor Robinson, August 5, 2025. J. Abrams stated that this was the sixth report regarding Councillor Robinson and that they were confident in their findings, included in the Report. J. Atwood-Petkovski provided a high-level overview of the complaints as 4.3 5. 6. 6.1 Special Council Meeting Minutes August 12, 2025 6 outlined in the report. J. Abrams stated that the recommended expedited approach would not affect procedural fairness as Councillor Robinson would still be able to comment on the Preliminary Findings Report. J. Abrams reminded Council that this was a disciplinary matter and they should base their decision on how the recommendation fitted against the findings of the Report. Discussion and a question and answer period ensued between Members of Council, J. Abrams, and J. Atwood-Petkovski regarding: whether the investigation had reviewed the nature of the complaints to determine whether they were vexatious; • whether a discussion of the complaints was held outside of the formal complaint/investigation process; • whether the Integrity Commissioner had consulted anyone on the new expedited complaint process and whether a similar process had been recommended to other municipalities; • whether the Integrity Commissioner had consulted the Durham Regional Police Services on the complaints; • the legislative obligations of the CAO to ensure the well-being of all employees and a duty to address issues any time a staff member felt they were harassed; • multiple staff members being subjected to false allegations by Councillor Robinson; • whether any new information had come to light since the publication of the recommendation report that may affect the recommended sanctions; • the need to engage staff respectfully, even if there are differences of opinions;• harassing behaviour not being tolerated in any other corporate workplace setting; and, • the publications noted in the recommendation report and how they intentionally impugned the reputation of the City of Pickering, its staff and Council. • Resolution #809/25 Moved By Councillor Brenner Seconded By Councillor Cook That the Report of the Integrity Commissioner, dated August 5, 2025, as contained in Corr. 36-25, pertaining to Councillor Robinson be received; 1. That in accordance with the Integrity Commissioner’s Report recommendations, the salary remuneration paid to Councillor Robinson be suspended for a period of 90 days starting on September 22, 2025 and ending on December 20, 2025; 2. Special Council Meeting Minutes August 12, 2025 7 That the following process be followed in the event the CAO forms the opinion that disparaging remarks have been made by Councillor Lisa Robinson toward staff in meetings of Council or one of its committees, or on Youtube, which warrant intervention by the Integrity Commissioner: An allegation of breach is brought to the attention of the Integrity Commissioner by the CAO that Councillor Robinson, in either a meeting of Council or one of its committees, or in a posting on YouTube, has made comments about staff that fall into one or more of the following categories: is overtly harassing;i. is unjustifiably critical or disrespectful to identifiable staff members;ii. impugns staff’s credibility, impartiality, or integrity;iii. a. If the Integrity Commissioner forms a prima facie (‘on its face’) opinion that the allegation would, if the facts prove to be true, form a breach of the Code of Conduct, the Integrity Commissioner will compile a Preliminary Findings Report (PFR) and share the PFR with Councillor Robinson, with the requirement that the Councillor respond within 14 days with a submission in respect of the findings made in the PFR, whether they constitute a breach of the Code of Conduct, and any comments she may have on a) a potential remedy to the breach, and/or b) the imposition of a monetary sanction; and, b. The Integrity Commissioner will consider the submissions, if any, of the Councillor and submit a Recommendation Report (containing the text of the PFR and any revisions, along with the Integrity Commissioner’s recommendations and concluding remarks) to the next available meeting of Council if the conclusion remains that the Code of Conduct has been breached and a sanction is warranted. c. 3. Voters Yes No Abstain Conflict Absent Mayor Ashe X Councillor Brenner X Councillor Butt X Councillor Cook X Councillor Nagy X Councillor Pickles X Councillor Robinson X Results 6 0 0 1 0 Special Council Meeting Minutes August 12, 2025 8 Carried on a Recorded Vote (6 to 0) Matters for Consideration Request for Council Endorsement Federation of Canadian Municipalities (FCM) Committees Councillor Nagy Pursuant to Section 11.04 of the Procedure By-law, at 6:50 p.m., the Chair, after previous attempts to call the Member to order, ruled that Councillor Robinson would not be recognized for the balance of the Meeting and would not be permitted to speak or vote for the remainder of the Meeting. A brief discussion ensued regarding Councillor Nagy's experience to date on the Federation of Canadian Municipalities (FCM) and other committees. Resolution #810/25 Moved By Councillor Brenner Seconded By Councillor Cook WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of member municipalities on policy and program matters that fall within federal jurisdiction; And Whereas, FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the united voice required to carry the municipal message to the federal government; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: Endorses Councillor Mara Nagy to serve as a committee member on committees of FCM’s Board of Directors, for the period starting in June 2025 and ending at the end of the current Council Term on November 14, 2026; 1. That the City assumes all costs associated with Councillor Nagy attending FCM’s committee meetings or other relevant FCM Board-related meetings, and such costs shall be covered in accordance with Policy ADM 190, Council Compensation Policy; and, 2. That a copy of this resolution be forwarded to FCM. 3. Carried 7. 7.1 Special Council Meeting Minutes August 12, 2025 9 Director, Economic Development & Strategic Projects, Report ECD 06-25 Amendment to ROFR Agreements (Employment Land – 2019 Parcel 3) With Unity Hub Industrial Park Ltd., Amalgamation of Shirva Investment and Development Corporation and 10466921 Canada Inc. A brief question and answer period ensued between Members of Council and F. Jadoon, Director, Economic Development & Strategic Projects regarding: clarification regarding the amalgamation process of Shirva Investment and Development Corporation and 10466921 Canada Inc; • the timelines for the amalgamation of the two properties; and,• the types of buildings that would be constructed on the subject lands.• Resolution #811/25 Moved By Councillor Butt Seconded By Councillor Pickles That Report ECD 06-25 from the Director, Economic Development & Strategic Projects regarding the proposed amendment to the Right of First Refusal (ROFR) Agreements entered into pursuant to the Agreements of Purchase and Sale for: 5.28 acres sold to Shirva Investment and Developments Corporation (PIN 26402-0159); a. 1.12 acres sold to 10466921 Canada Inc. (PIN 26402-0158), both of which are now amalgamated as Unity Hub Industrial Park Ltd., be received; b. 1. That Staff be authorized to replace the existing ROFR Agreements with the new ROFR Agreement attached to this report, provided that Unity Hub Industrial Park Ltd., executes and registers on title an Amending Agreement with His Majesty the King in Right of Ontario as represented by the Minister of Infrastructure substantially in the form attached to this report; 2. That the Mayor and City Clerk be authorized to execute the attached new ROFR Agreement (Attachment 2) with Unity Hub Industrial Park Ltd. with an additional 2.5 years to commence construction of new buildings on the said lands; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 4. Carried 7.2 Special Council Meeting Minutes August 12, 2025 10 Director, Engineering Services, Report ENG 16-25 Detailed Design for Shoreline Improvements – West Shore Boulevard to Marksbury Road A brief question and answer period ensued between Members of Council and staff regarding: the importance of the Project and the trail providing connectivity in the waterfront trail system; and, • the timelines for completion of the project and when construction was expected to begin. • Resolution #812/25 Moved By Councillor Brenner Seconded By Councillor Cook That Council approve retaining the services of the Toronto and Region Conservation Authority to prepare the detailed design for the Shoreline Improvements from West Shore Boulevard to Marksbury Road, as an Exception in accordance with Purchasing Policy 010, Appendix 1, item 8; 1. That the proposal submitted by Toronto and Region Conservation Authority to prepare the detailed design for the Shoreline Improvements from West Shore Boulevard to Marksbury Road, in the amount of $150,096.00 (net HST) or $166,675.00 (HST included be accepted; 2. That Council authorize staff to execute a letter of agreement with the Toronto and Region Conservation Authority to prepare the detailed design for the Shoreline Improvements from West Shore Boulevard to Marksbury Road, on such terms as are satisfactory to the Director, Engineering Services and the Director, Finance & Treasurer; 3. That the total gross project cost of $183,343.00 (HST included), including the fee amount and other associated costs, and the total net project cost of $165,106.00 (net HST) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $165,106.00 as follows: The sum of $82,553.00 available budget in capital project C10572.2404 as approved in the 2025 Parks Capital Budget to be funded by a transfer of funds from Development Charges City Share Reserve Fund; a. The sum of $82,553.00 available budget in capital project C10572.2404 as approved in the 2025 Parks Capital Budget to be funded by a transfer of funds from the Development Charges Parks & Recreation Reserve b. 5. 7.3 Special Council Meeting Minutes August 12, 2025 11 Fund; and, That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 6. Carried Unanimously on a Recorded Vote Director, Finance & Treasurer, Report FIN 12-25 Amendment to DC By-law 8190/25 - Demolition Credit Proof of Payment A brief question and answer period ensued between Members of Council and staff regarding: whether there was any financial impact on the City; and,• the end date for the waiver of proof of prior Development Charges payment for demolition credits. • Resolution #813/25 Moved By Councillor Butt Seconded By Councillor Pickles That Report FIN 12-25 regarding Amendment to Development Charges By- law 8190/25 - Demolition Credit Proof of Payment Requirement be received; 1. That Council approve an amendment to the Development Charges By-law 8190/25 to waive the requirement for proof of prior DC payment in the calculation of demolition credits, for demolitions occurring between July 1, 2025 and December 31, 2026; 2. That Council enact the Amending Development Charges By-law as set out in Attachment 1 of this report; and, 3. That the appropriate City officials be authorized to take the actions necessary to implement these recommendations. 4. Carried Director, City Infrastructure, Report INF 09-25 Supply & Delivery of Various Trucks with Attachments Request for Quotation No. Q2025-7 Resolution #814/25 7.4 7.5 Special Council Meeting Minutes August 12, 2025 12 Moved By Councillor Pickles Seconded By Councillor Butt That Quotation submitted by John Bear Buick GMC Limited, in response to Request for Quotation No. Q2025-7 for the Supply & Delivery of Various Trucks with Attachments in the amount of $319,864.00 (net HST) or $355,195.00 (HST included) be accepted; 1. That the total gross project cost of $355,195.00 (HST included), and that the total net project cost of $319,864.00 (net of HST rebate) be approved; 2. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $319,864.00 as provided for in the 2025 Capital Budget as follows: The sum of $319,864.00 to be funded from the Vehicle Replacement Reserve Fund; and, a. 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4. Carried Director, City Infrastructure, Report INF 10-25 Supply & Delivery of Two Wide Area Mowers Quotation No. RFQQ2025-10 Resolution #815/25 Moved By Councillor Pickles Seconded By Councillor Butt That the quotation submitted by Turf Care Products in response to Request for Quotation No. RFQQ2025-10 the amount of $542,483.00 (net HST) or $602,403.00 (HST included) be accepted; 1. That the total gross project cost including estimated tariffs of $602,403.00 (HST included), and that the total net project cost of $542,483.00 (net HST) be approved; 2. That the Director, Finance & Treasurer be authorized to finance the total net project of $542,483.00 as follows: That the sum of $225,000.00 as approved in the 2025 Capital Budget be increased to $271,241.50 and be funded from the Equipment Reserve Fund for the Wide Area Mower replacement; a. That the sum of $225,000.00 as approved in the 2025 Capital budget be increased to $271,241.50 and be funded from Development Charges – Parks and Recreation Reserve for the new Wide Area Mower; and, b. 3. That the appropriate City of Pickering officials be authorized to take the 4. 7.6 Special Council Meeting Minutes August 12, 2025 13 necessary actions to give effect hereto. Carried By-laws By-law 8199/25 Being a By-law to amend By-law 8190/25, Development Charges By-law. Resolution #816/25 Moved By Councillor Butt Seconded By Councillor Cook That By-law Number 8199/25 be approved. Carried Confirmatory By-law Moved By Councillor Cook Seconded By Councillor Nagy That By-law 8200/25, to confirm the proceedings of the August 12, 2025 Council Meeting be approved. Carried Adjournment Moved By Councillor Brenner Seconded By Councillor Pickles That the meeting be adjourned. Carried The meeting adjourned at 7:01 p.m. ______________________________ Kevin Ashe, Mayor 8. 8.1 9. 10. Special Council Meeting Minutes August 12, 2025 14 ______________________________ Susan Cassel, City Clerk Special Council Meeting Minutes August 12, 2025 15