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Minutes |
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City Council |
| Meeting No. | 34 (Special) | Contact | Marilyn Toft, Manager | |
| Meeting Date |
Monday, April 6, 2009 |
Phone | 416-392-7032 | |
| Start Time |
1:30 PM |
clerk@toronto.ca | ||
| Location |
Council Chamber, City Hall
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CALL TO ORDER - 1:43 p.m.
Speaker Bussin took the Chair and called the Members to order.
Speaker Bussin advised Council as follows:
Members of Council, I propose that we dispense with O Canada and the Moment of Silence, Council having observed those this morning.
This special meeting of Council has been called for the following purposes:
1. to consider a report (April 3, 2009) from the Acting President and Chief Executive Officer, the Corporate Secretary and General Counsel and the Special Advisor Institutional Investment and Joint Ventures, Toronto Economic Development Corporation (TEDCO), headed “Filmport Update and Pinewood”;
2. to consider a report (April 3, 2009) from the City Solicitor, headed “2885 Bayview Avenue – Appeal of Minor Variance Decision”;
3. to introduce and enact General Bills; and
4. to introduce and enact a confirming by-law for this special meeting.
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| City Council - Routine Matters - Meeting 34 |
| RM34.1 | ACTION |
Adopted |
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| Introduction of New Business Items |
| City Council Decision |
New Business Items were presented to City Council for consideration. |
| Motions (City Council) |
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Motion to Introduce Report moved by Deputy Mayor Joe Pantalone (Carried) That Items CC34.1 and CC34.2 listed on the Agenda of Council, be presented for consideration. |
| RM34.2 | Information |
Received |
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| Petitions |
| City Council Decision |
No petitions were received by City Council. |
| RM34.3 | ACTION |
Adopted |
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| Review of Order Paper - April 6, 2009 |
| City Council Decision |
City Council adopted the April 6, 2009 Order Paper for Meeting 34. |
| Background Information (City Council) |
| Letter (April 6, 2009) from Councillor Walker, respecting Item CC34.1 (http://www.toronto.ca/legdocs/mmis/2009/rm/bgrd/backgroundfile-20302.pdf) |
| Motions (City Council) | ||||||||||||||||||||||||
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Review Order Paper April 6, 2009, at 1:45 p.m. - Speaker Bussin reviewed the Order Paper for the special meeting. Motion to Amend the Order Paper moved by Councillor David Shiner (Carried) April 6, 2009, at 1:48 p.m. - That Council consider Item CC34.2, headed "2885 Bayview Avenue - Appeal of Minor Variance Decision" as the first Item of business.
Point of Privilege by Councillor Shelley Carroll Councillor Carroll rose on a point of privilege and advised of her concern that the privilege of Council had been damaged by Councillor Walker by his circulating confidential documents outside of Council:
- Councillor Michael Walker, St. Paul’s, Ward 22, submitted a letter (April 6, 2009) respecting Item CC34.1, headed “Filmport Update and Pinewood” (CC34.1.1). Confidential Attachment 1 to Communication CC34.1.1 remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board.
Councillor Carroll requested that the matter of Councillor Walker's actions be referred to the Interim Integrity Commissioner with a request that he investigate and make recommendations to City Council. Ruling by Speaker Sandra Bussin Speaker Bussin ruled that Council would vote on Councillor Carroll's request. She requested Members of Council to vote on whether the matter of Councillor Walker's actions should be referred to the Interim Integrity Commissioner with a request that he investigate and make recommendations to City Council.
Motion to Adopt Order Paper as Amended (Carried) April 6, 2009, at 1:56 p.m. - That Council adopt the April 6, 2009 Order Paper for Meeting 34, as amended. |
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| City Council - New Business - Meeting 34 |
| CC34.1 | ACTION |
Amended |
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| Filmport Update and Pinewood |
| City Council Decision |
City Council on April 6, 2009, adopted the following:
1. City Council approve the transaction in respect of Filmport contained in Confidential Attachment 1 to the report (April 3, 2009) from the Acting President and Chief Executive Officer, the Corporate Secretary and General Counsel, and the Special Advisor, Institutional Investment and Joint Ventures, Toronto Economic Development Corporation (TEDCO).
2. City Council approve a loan to TEDCO as described in Table 3 of Confidential Attachment 1 to the report (April 3, 2009) from the City Manager and the Deputy City Manager and Chief Financial Officer, and on such terms and conditions acceptable to the Deputy City Manager and Chief Financial Officer.
3. The City loan to TEDCO be funded from the Land Acquisition Reserve Fund.
4. Confidential Attachment 1 to the report (April 3, 2009) from the Acting President and Chief Executive Officer, the Corporate Secretary and General Counsel, and the Special Advisor, Institutional Investment and Joint Ventures, Toronto Economic Development Corporation (TEDCO), remain confidential under the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or a local board.
5. Confidential Attachment 1 to the report (April 3, 2009) from the City Manager and the Deputy City Manager and Chief Financial Officer remain confidential under the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board.
Confidential Attachment 1 to the report (April 3, 2009) from the Acting President and Chief Executive Officer, the Corporate Secretary and General Counsel, and the Special Advisor, Institutional Investment and Joint Ventures, Toronto Economic Development Corporation (TEDCO), remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or a local board.
Confidential Attachment 1 to the report (April 3, 2009) from the City Manager and the Deputy City Manager and Chief Financial Officer remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or a local board. |
| City Council Decision Advice and Other Information |
During its review of the Order Paper, City Council referred the matter of Councillor Walker's actions to the Interim Integrity Commissioner with a request that he investigate and make recommendations to City Council:
- Councillor Michael Walker, St. Paul’s, Ward 22, submitted a letter (April 6, 2009) respecting Item CC34.1, headed “Filmport Update and Pinewood” (CC34.1.1). Confidential Attachment 1 to Communication CC34.1.1 remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board. ________
City Council considered Item CC34.1 during its closed session on April 6, 2009. |
| Confidential Attachment - The security of the property of the municipality or local board |
| Background Information (City Council) |
| (April 3, 2009) report from the Acting President and Chief Executive Officer, the Corporate Secretary and General Counsel and the Special Advisor, Institutional Investment and Joint Ventures, Toronto Economic Development Corporation (TEDCO) (CC34.1) (http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20252.pdf) (April 3, 2009) supplementary report from the City Manager and the Deputy City Manager and Chief Financial Officer (CC34.1a) (http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20254.pdf) |
| Communications (City Council) |
| (April 6, 2009) letter from Councillor Michael Walker, St. Paul's, Ward 22 (CC.New.CC34.1.1) (http://www.toronto.ca/legdocs/mmis/2009/cc/comm/communicationfile-10577.pdf) |
| Motions (City Council) | ||||||||||||||||||||||||||||||||||||
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Report of Committee of the Whole Speaker Bussin advised that Committee of the Whole had completed its closed session consideration of confidential information related to this Item. Council would now proceed with the public debate on this Item. Motion to Amend Item (Additional) moved by Mayor David Miller (Carried) Motion 1 - That City Council adopt the following Recommendations contained in the report (April 3, 2009) from the City Manager, and Deputy City Manager and Chief Financial Officer:
1. City Council approve the recommendations in the April 3, 2009 report from the Board of the Toronto Economic Development Corporation.
2. City Council approve a loan to TEDCO as described in Table 3 of Confidential Attachment 1 and on such terms and conditions acceptable to the Deputy City Manager and Chief Financial Officer.
3. The City loan to TEDCO be funded from the Land Acquisition Reserve Fund.
4. Confidential Attachment 1 remain confidential under the provisions of the City of Toronto Act, 2006 as it relates to the security of the property of the municipality or local board.
Motion to Refer Item moved by Councillor Denzil Minnan-Wong (Lost) That:
1. this Item be referred back to the City Manager to negotiate better terms for the City; and
2. the City Manager and the Deputy City Manager and Chief Financial Officer be requested to analyze the information contained in the communication (CC34.1.1) from Councillor Walker and submit a report to the Executive Committee that better outlines the financial commitments by the City.
Motion to Adopt Item as Amended (Carried)
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| CC34.2 | ACTION |
Amended |
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Ward: 24 |
| 2885 Bayview Avenue – Appeal of Minor Variance Decision |
| City Council Decision |
City Council on April 6, 2009, adopted the following:
1. City Council accept the Settlement Offer, attached as Appendix 1 to the Confidential Attachment 1 to the report (April 6, 2009) from the City Solicitor.
2. City Council authorize the public release of Appendix 1 to the report (April 6, 2009) from the City Solicitor, along with the confidential instructions, at the end of the Council meeting.
The following instructions, together with Appendix 1, are now public:
1. City Council accept the Settlement Offer, attached as Appendix 1 to the Confidential Attachment 1 to the report (April 6, 2009) from the City Solicitor.
The balance of Confidential Attachment 1 to the report (April 6, 2009) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.
Confidential Attachment 1 to the report (April 3, 2009) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege. |
| City Council Decision Advice and Other Information |
City Council considered this Item during its closed session on April 6, 2009. |
| Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege |
| Background Information (City Council) |
| (April 3, 2009) report from the City Solicitor (CC34.2) (http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20253.pdf) (April 6, 2009) supplementary report from the City Solicitor (CC34.2a) (http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20273.pdf) Settlement Offer (now Public) - Appendix 1 to the Confidential Attachment 1 to the report (April 6, 2009) from the City Solicitor (http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-20316.pdf) |
| Motions (City Council) |
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Report of Committee of the Whole Speaker Bussin advised that Committee of the Whole had completed its closed session consideration of confidential information related to this Item. The Committee of the Whole had issued confidential instructions to staff on this Item. Council would now proceed with the public debate on this Item. Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried) Motion 1 - That Council authorize the public release of Appendix 1 to this report, along with the confidential instructions, at the end of the Council meeting. Motion to Adopt Item as Amended (Carried) |
| City Council - Bills and By-laws - Meeting 34 |
| BL34.1 | ACTION |
Adopted |
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| Enactment of By-laws |
| City Council Decision |
City Council enacted By-laws 410-2009 to 411-2009. |
| Background Information (City Council) |
| Consolidated By-law Index for April 6, 2009 - Meeting 34 (http://www.toronto.ca/legdocs/mmis/2009/bl/bgrd/backgroundfile-20394.pdf) |
| Motions (City Council) | ||||||||||||||||||||||||||||||||||||
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Motion to Introduce and Pass General Bills moved by Councillor Chin Lee (Carried) That leave be granted to introduce the following Bill, and that this Bill, prepared for this meeting of Council, be passed and hereby declared as a By-law:
Motion to Introduce and Pass Confirmatory Bill moved by Councillor Pam McConnell (Carried) That leave be granted to introduce the following Bill, and that this Bill, prepared for this meeting of Council, be passed and hereby declared as a By-law:
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Confidential Attachment: Minutes of Closed Session
| Procedural Motions |
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Motion to Resolve to Committee of Whole moved by Councillor David Shiner (Carried) April 6, 2009, at 1:57 p.m. - That Council recess its public session to meet as Committee of the Whole in closed session to consider:
CC34.1 Reason for Confidential Information: security of property belonging to the City or one of its agencies, boards and commissions as it relates to Filmport Update and Pinewood
CC34.2 Reason for Confidential Information: advice that is subject to solicitor-client privilege, as it relates to 2885 Bayview Avenue-Appeal of Minor Variance Decision Motion to excuse Absentees moved by Councillor Mike Del Grande (Carried) That the absence of Councillors Ainslie, Grimes, Heaps, Moeser and Rae from special Council meeting 34 on April 6, 2009, be excused. |
ADJOURNMENT Council adjourned on April 6, 2009, at 5:24 p.m.
DAVID R. MILLER, ULLI S. WATKISS, Mayor City Clerk
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| Meeting Sessions |
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
| 2009-04-06 | Afternoon | 1:43 PM | 1:57 PM | Public |
| 2009-04-06 | Afternoon | 2:01 PM | 4:27 PM | Closed |
| 2009-04-06 | Afternoon | 4:31 PM | 5:24 PM | Public |
| Attendance |
| Date and Time | Quorum | Members |
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2009-04-06 1:43 PM - 1:57 PM (Public Session) |
Present |
Present: Ashton, Augimeri, Bussin, Carroll, Cho, Davis, Del Grande, Di Giorgio, Feldman, Filion, Fletcher, Ford, Giambrone, Hall, Holyday, Jenkins, Kelly, Lee, Mammoliti, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moscoe, Nunziata, Palacio, Pantalone, Parker, Perks, Perruzza, Shiner, Stintz, Thompson, Vaughan, Walker Not Present: Ainslie, De Baeremaeker, Grimes, Heaps, Lindsay Luby, Moeser, Ootes, Rae, Saundercook |
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2009-04-06 2:01 PM - 4:27 PM (Closed Session) |
Present |
Present: Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Feldman, Filion, Fletcher, Ford, Giambrone, Hall, Holyday, Jenkins, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Saundercook, Shiner, Stintz, Thompson, Vaughan, Walker Not Present: Ainslie, Grimes, Heaps, Mammoliti, Moeser, Rae |
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2009-04-06 4:31 PM - 5:24 PM (Public Session) |
Present |
Present: Ashton, Augimeri, Bussin, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Feldman, Filion, Fletcher, Ford, Giambrone, Hall, Holyday, Jenkins, Kelly, Lee, Lindsay Luby, McConnell, Mihevc, Milczyn, Miller, Minnan-Wong, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Saundercook, Shiner, Stintz, Thompson, Vaughan, Walker Not Present: Ainslie, Di Giorgio, Grimes, Heaps, Mammoliti, Moeser, Rae |