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HomeMy WebLinkAboutCAO 07-26 Report to Executive Committee Report Number: CAO 07-26 Date: June 8, 2026 From: Marisa Carpino Chief Administrative Officer Subject: Brougham Hall Lease Update File: A-1440-001 Recommendation: 1. That Report CAO 07-26 regarding Brougham Hall be received; 2. That the lease agreement with the Brougham Recreation Society for Brougham Hall, set out in Attachment 1, be terminated with 30 days-notice provided to the Brougham Recreation Society by the Director, Community Services; 3. That the lease agreement with the Government of Canada for Brougham Hall, set out in Attachment 2, be terminated with 30 days-notice provided to the Government of Canada - Transport Canada by the City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to recommend that Council authorize the termination of existing lease agreements with both the Brougham Recreation Society and Transport Canada for Brougham Hall, providing each with 30 days’ notice. Over the past two years, City staff have undertaken extensive discussions with Transport Canada to renegotiate lease terms for Brougham Hall that would mitigate the City’s financial and capital obligations. Despite these efforts, mutually satisfactory terms could not be reached—particularly regarding the removal of the maintenance and repair clause that continues to pose fiscal risk to the City. CAO 07-26 June 8, 2026 Page 2 The recommendations to terminate the lease agreements are grounded in four key considerations: • Ownership: The City does not own Brougham Hall; it remains a federal asset under Transport Canada’s jurisdiction. • Financial Responsibility: The current lease structure imposes ongoing maintenance and capital obligations on the City for a facility it does not own, creating an unsustainable fiscal burden. • Strategic Prioritization: The City’s capital investment priorities, including the new Seaton Recreation Complex & Library and the need to maintain aging municipal assets, require that resources be directed toward City‑owned facilities. Asset management data show Brougham Hall’s facility condition index at 93% (poor), with required capital repair costs estimated at $795,000. • Continuity of Use: Transport Canada has confirmed that, upon lease termination, it will work directly with existing community users to ensure a seamless transition. Facility users will continue their activities without disruption, coordinated by Transport Canada rather than the City. Taken together, these factors support staffs’ recommendation that Council authorize termination of the lease agreements with both the Brougham Recreation Society and Transport Canada, each with 30 days’ notice, enabling the City to redirect resources toward its own infrastructure priorities while maintaining community continuity through federal coordination. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; Strengthen Existing & Build New Partnerships; and Foster an Engaged & Informed Community. 3.0 Financial Implications: The terms of the City's lease with Transport Canada requires that the tenant (the City) is responsible for all maintenance and repairs at Brougham Hall. This presents a financial risk to the City. This cost of deferred maintenance is approximately $795,000.00 (2026 dollars). The City has spent over $50,000 in 2024/2025 to complete a number of repairs to Brougham Hall to return the building to Transport Canada in a satisfactory condition. Since the City has CAO 07-26 June 8, 2026 Page 3 completed these repairs, no additional costs are anticipated due to the termination of the lease agreement. 4.0 Discussion: The purpose of this report is to recommend that Council authorize the termination of existing lease agreements with both the Brougham Recreation Society and Transport Canada for Brougham Hall, providing each with 30 days’ notice. 4.1 History of the Building Brougham Hall (Former Pickering Township Hall) Constructed in 1854 through a community-led initiative undertaken by local residents, the Former Pickering Township Hall at 3545 Mowbray Street (formerly Brock Road), commonly known as Brougham Hall, is one of the oldest surviving civic buildings within the former Township of Pickering. Built shortly after the passage of the Municipal Act of 1849, the building was purpose-built to accommodate the emerging municipality of Pickering and subsequently became the first town-owned building and initial centre of local government. As one of the oldest surviving buildings in the area, the hall illustrates the significant period of community development that occurred in Brougham and Pickering during the 1850s and 1860s. The property is also associated with important public meetings and gatherings related to the federal CAO 07-26 June 8, 2026 Page 4 government’s proposed Pickering Airport expropriations in the 1970s, reflecting its longstanding role as a place of civic engagement and community advocacy. The building holds architectural significance as a representative example of a modest mid-19th century rural civic building. The Former Pickering Township Hall consists of a one-storey wood frame structure resting on a stone foundation and features a front-gable roof, symmetrical three-bay façade, large divided-lite windows, and restrained classical detailing. The building’s simple form and materials reflect the functional and vernacular design approach commonly associated with early township halls constructed in rural Ontario during the pre-Confederation period. The property also possesses associative value through its direct connection to the early civic and political development of the Former Township of Pickering. The hall served as the centre of municipal governance and public decision-making beginning in 1858 and functioned as an important venue for Township Council meetings, civic administration, public gatherings, and community events. The building additionally accommodated religious services and broader social functions when not required for municipal purposes, reflecting the multifunctional role township halls played within developing rural communities. Contextually, the former Pickering Township Hall is significant as a longstanding civic landmark within the historic hamlet of Brougham. Prominently located along Brock Road, the building maintains strong historical and visual associations with the surrounding community and continues to contribute to the historic character of the hamlet. The hall is also significant as a rare surviving example of a pre-Confederation single-room township hall in Ontario and represents the broader transition of rural settlements into socially and politically organized municipalities during the mid-19th century. The property is recognized as a Federal Heritage Building and is also listed on the City of Pickering’s Municipal Heritage Register. 4.2 Facility Use Brougham Hall has been operated by the Brougham Recreation Society for many years, through a lease agreement with the City. The following is a summary of the building use over that past ten years, as reported by the Brougham Recreation Society: Year Paid uses Unpaid uses Revenue Expense Net Revenue 2015 12 0 $3,050 $2,014 $1,036 2016 12 13 $4,175 $2,771 $1,404 2017 10 14 $2,250 $1,237 $1,013 2018 8 11 $2,381 $1,140 $1,241 2019 16 12 $3,230 Not reported $3,230 2020 - 2024 Closed due to Covid-19 and then due to the presence of airbourne mould. CAO 07-26 June 8, 2026 Page 5 2025 1 Not reported $60 $989.74 ($929.74) The primary uses for Brougham Hall include meeting rentals by Land over Landings comprising 42% of total use, private celebrations like birthday parties, showers/anniversaries, memorial services, etc., comprising 23% of total use, and rented by movie production companies primarily for space for crew use, comprising 11% of use. The remaining 24% of usage is for church suppers, training for the gun safety program, and use by groups like the clog dancers. The facility was closed in 2020 during the Covid-19 Pandemic due to provincial requirements and remained closed until 2025 due to a 2023 air quality test that discovered the presence of mould spores that needed to be remediated before the building could be reopened to the public. The City’s repairs to the building that were completed in 2024 and 2025 remediated the mould issue, and the facility reopened to the public in spring, 2025. City staff have met with the Brougham Recreation Society and discussed the recommendations of this report. Transport Canada staff have committed to a seamless transition of current facility users upon the City’s termination of its lease agreement, providing access to the facility as needed. This provides the Brougham Recreation Society with the option to continue their operation out of Brougham Hall. 4.3 Facility Condition The Brougham Community Hall was included in the Facilities Renewal Study (Report OPS 02- 24). The Report, which evaluated 23 facilities to determine their viability for long-term retention, was endorsed by Council on January 22, 2024 (Resolution #389/24). The study identified a short-list of facilities as contenders for disposal, renewal, or replacement, and evaluated asset ownership considerations with a long-term view premised on sound asset management principles in alignment with related City policies and strategic directions. Each facility was assigned a Facility Condition Index (FCI) score, which is calculated as a ratio of the total cost of identified building repairs and renewals (i.e. component replacement) over a defined period (the City uses 5 years) divided by the assets’ total estimated replacement cost. The FCI score breakdown is as follows: CAO 07-26 June 8, 2026 Page 6 The Brougham Community Hall received an FCI score of 93%, meaning without any upgrades that it would almost cost more to repair than to rebuild. Based on this score alone, it would be appropriate for the City to consider terminating their lease on the building due to significant repair requirements, low utilization rates, lack of accessibility requirements, and high financial risks. City staff have met with Transport Canada on numerous occasions over the last several years to review the building condition and potential future use of the facility. The following is a summary of major work that has been completed at Brougham Hall: • In 2017, the City completed a Building Condition Audit, prepared by Peto MacCallum, that identified a backlog of $245,000.00 (2017 dollars) of maintenance and a further $60,000.00 required over the following five years. • Transport Canada completed a roof replacement in 2019 ($80,000.00), and in the same year, Transport Canada completed asbestos remediation, at their own cost. • In 2022, the City completed a structural review of the building that highlighted the need for significant additional repairs to building components likely within the next five years. This information was shared with Transport Canada. • In 2023, the City completed a structural review of the building and found it to be a “fair to poor” structural condition that highlighted the need for additional structural repairs likely within the next five years. This information was shared with Transport Canada • In 2023, the City completed an air quality test that discovered the presence of mould spores inside the building. This information was shared with Transport Canada. The presence of mould spores resulted in the City closing the building to the public until the issue could be resolved. • In 2024, discussion between the City and Transport Canada had included a fulsome review of the lease, including the provision that the City return the building in a condition suitable to the Landlord. In order to meet this condition and determine what repairs were required, Transport Canada completed their own building condition audits to independently assess the condition of the building and identify any urgently required repairs. Building assessments were completed in summer/fall, 2024. From late 2024 to March 2025, staff coordinated the following repairs to Brougham Hall The City: • Removed and disposed of siding on the east gable above the porch area. Wasp nesting and animal burrowing was removed and repaired. Interior drywall was replaced, taped and painted. • Replaced existing base flashing and installed new through wall flashing. • Installed new moisture barrier on existing sheathing. o Existing sheathing was damaged beyond repair and a portion of this needed to be replaced. CAO 07-26 June 8, 2026 Page 7 o Contractors noticed that there was no existing vapor barrier in the ceiling, there was little to no insulation in the ceiling, and they noticed moisture and condensation already existing in the attic space. o Contractors resolved these issues by replacing a portion of the sheathing, vapor barrier, and re insulating with R-40 in between the joist cavities, along with 6mm vapor barrier. • Removed all fixtures and partitions in women’s washroom. • Replaced the floor, trim, and drywall, in the women’s washroom. Painted the washroom and reinstalled existing fixtures. • Removed and disposed of exterior stairs. Supplied new set of pressure treated stairs, and handrail to match existing. While the repairs completed in 2024 satisfied Transport Canada’s lease condition that the building be returned in satisfactory condition, the building still requires significant repairs and lifecycle replacements in order to preserve it for ongoing public use. 4.4 City’s Lease of Brougham Hall with The Government of Canada The City of Pickering entered into a lease agreement with the Government of Canada (Transport Canada) approximately 30 years ago. The lease agreement between the two parties was renewed in 2007, with the term ending on January 31, 2012. The current lease agreement has expired, and the City currently leases the building on a month-to-month basis under the same terms that were set forth in the 2007 lease agreement. Staff initiated a review of the lease agreement and identified that Section 10.01 of the lease states that, the Premises are leased in “as is” condition, and the Landlord shall not be obligated to make any repairs or perform any maintenance to the Premises. City staff engaged in multiple discussions with Transport Canada in attempts to remove the provision that requires the City to fund and complete capital maintenance of the facility, however, though multiple draft lease provisions and discussions, City staff were not successful in fully lifting the provision. With a continued financial risk of an estimated $795,000 to complete the deferred maintenance required on the building, staff recommend terminating the lease agreement. The lease includes a condition that the City return the facility in a similar condition to which existed prior to the City’s tenancy. In 2024, Transport Canada staff completed various assessments which are included in section 4.3 to determine what repairs were required to return the building in a condition to the satisfaction of Transport Canada, the Landlord. The City completed the necessary repairs, and in spring, 2025, Transport Canada staff confirmed that the completed repairs were satisfactory and would allow for the City to terminate the lease agreement by providing notice to Transport Canada. CAO 07-26 June 8, 2026 Page 8 As the existing agreement with Transport Canada is on a month-to-month basis, Transport Canada has confirmed that a 30 day notice of termination of the lease agreement is acceptable. 4.4.1 City's Lease with the Brougham Recreation Society In 2015, the City of Pickering entered into a five-year written lease agreement with the Brougham Recreation Society (Report CR 04-15). This agreement made them responsible for coordinating facility rentals and performing facility cleaning at Brougham Community Hall. The facility rentals included private functions, special events and meetings. The lease was renewed for the term from July 1, 2020 to June 30, 2025 (Report CS 25-20). Before 2015, the lease arrangement between the City of Pickering and the Brougham Recreation Society (formerly called Brougham Recreation Association) for Brougham Community Hall was verbal. Under this agreement, the City remained responsible for the repairs and maintenance of the facility. City staff met with the Brougham Recreation Society in July, 2025, on the expiration of the lease agreement and notified the Brougham Recreation Society members that the lease agreement transitioned to a month-to-month arrangement, under the same terms as the lease at that time. As the existing lease agreement is on a month-to-month agreement, a 30 day notice provided to the Brougham Recreation Society, that coincides with the termination of the City’s lease is recommended. The Brougham Recreation Society has been notified of the City’s recommendation and has expressed interest in continuing their use of Brougham Hall, working directly with Transport Canada. 4.5 Community Engagement on Brougham Hall Alexis Whalen, Chair of Land Over Landings and John Sabean, Founder of the Pickering Township Historical Society delegated at the HPAC meeting held on March 27, 2024. Ms. Whalen and Mr. Sabean spoke about the Brougham Community Hall, noting its historical significance as the historic seat of municipal government in Pickering, the building’s current condition, and the lease that the City of Pickering has with Transport Canada. This delegation prompted a response from City staff who spoke with interested stakeholders and commenced discussions with Transport Canada regarding Brougham Hall. Staff meet with representatives of the Brougham Recreation Society annually to discuss annual use of the facility and review any outstanding issues with the building. Communications occur throughout the year if issues arise. Staff met with the Board of the Brougham Recreation Society on July 24, 2025 to inform them that the Brougham Recreation Society lease had CAO 07-26 June 8, 2026 Page 9 ended on June 30, 2025 and that the lease agreement had transitioned to a month-to-month agreement. Community stakeholders have been updated on discussions between the City and Transport Canada over the past 24 months. City staff held a meeting on May 12, 2026 with MP Nathan, Pickering Ward 3 Councillors, Perry Papadatos of TC, Alexis Whalen of Land over Landings and Cris Miller of the Brougham Recreation Society. The purpose of the meeting was for City staff to advise that the negotiations with Transport Canada have concluded, and staff will be providing Council with a staff recommendation that Brougham Hall be returned to Transport Canada. At the May 13, 2026, meeting of the Heritage Pickering Advisory Committee, staff provided an update about Brougham Hall based on correspondence provided prior to the meeting by the CAO. The Committee had no comment regarding the information. 4.6 Conclusion Over the past two years, City staff have held multiple meetings in attempts to negotiate agreement terms with Transport Canada which would mitigate the City’s substantial financial capital obligation. Despite best efforts, the City and Transport Canada were not able to negotiate terms to an agreement to the satisfaction of both parties. Transport Canada did not agree to remove the maintenance/repair clause from the agreement, thereby addressing the City’s concerns. In making the recommendations included in this report, City staff considered the following factors: • The City does not own Brougham Hall, the Government of Canada does. • The terms of the lease continue to present a financial exposure to the City, for a building the City does not own. • The City’s financial commitment to undertake its new construction capital program, including the new Seaton Recreation Complex & Library, is considerable, which has required that capital investments be prioritized. The City’s financial commitment to maintain its current aging city owned assets is also considerable. Transport Canada indicated that, if the City returned Brougham Hall to them, they would work directly with existing users of Brougham Hall to facilitate their current uses. Transport Canada committed to a “seamless transition” and current users of Brougham Hall would not experience any difference; they would just work with Transport Canada instead of the City to coordinate their use. Therefore, City staff recommend to Council that the month-to-month arrangement with Transport Canada be terminated and that the City return Brougham Hall back to The CAO 07-26 June 8, 2026 Page 10 Government of Canada. Subsequently, staff also recommend that the month-to-month arrangement with the Brougham Recreation Society be terminated, in conjunction with the termination of the City’s lease agreement. Attachments: 1. Lease Agreement for Brougham Hall with Brougham Recreation Society 2. Lease Agreement for Brougham Hall with Transport Canada Prepared By: Vince Plouffe, OAA, MRAIC, Division Head Facilities Management & Construction Prepared By: Matthew Somerville, MCIP, RPP, CAHP, Senior Planner, Heritage Prepared By: Nilesh Surti, MCIP, RPP, Division Head, Development Review & Urban Design Prepared/Approved/Endorsed By: Laura Gibbs, MBA, MSc., Director, Community Services Approved/Endorsed By: Kyle Bentley, P. Eng., Director, City Development & CBO Approved/Endorsed By: Paul Bigioni, Director, Corporate Services & City Solicitor MC:lg Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CAO 07-26 Attachment 2 to Report CAO 07-26