Item - 2012.PW19.1
Tracking Status
- City Council adopted this item on November 27, 2012 with amendments.
- This item was considered by the Public Works and Infrastructure Committee on November 14, 2012 and adopted without amendment. It will be considered by City Council on November 27, 2012.
PW19.1 - Draft By-law to Enact City Council's Decision to Prohibit Single-Use Plastic Carryout (Shopping) Bags, and Industry Comments on the Draft By-law and Implementation Plan
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on November 27, 28 and 29, 2012, adopted the following:
1. City Council adopt Recommendation 1 in Confidential Attachment 1 to the report (November 23, 2012) from the City Solicitor (PW19.1b).
2. City Council direct that the confidential recommendation adopted by City Council remain confidential until such time as the action authorized by the adoption of the recommendation is taken; and all other information contained in the Confidential Attachment remains confidential as it pertains to litigation and contains advice subject to solicitor-client privilege.
3. City Council direct that the information contained in Confidential Attachments 1 and 2 to the report (September 17, 2012) from the City Solicitor (PW19.1a) remain confidential in its entirety as it deals with litigation or potential litigation and contain advice or communication that are subject to solicitor-client privilege.
4. City Council direct that the information contained in the Confidential Attachment to the report (October 31, 2012) from the General Manager, Solid Waste Management Services and the City Solicitor, remain confidential in its entirety as it contains advice or communications that are subject to solicitor-client privilege.
5. City Council request the Deputy City Manager to report to the June 19, 2013 Public Works and Infrastructure Committee meeting on the benefits and implications of a range of measures to reduce the use and disposal of plastic bags in Toronto.
Confidential Recommendation 1 contained in Confidential Attachment 1 to the report (November 23, 2012) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation and contains advice subject to solicitor-client privilege until such time as the action authorized by the adoption of the recommendation is taken. The balance of Confidential Attachment 1 to the report (November 23, 2012) from the City Solicitor remains confidential in its entirely in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation and contains advice subject to solicitor-client privilege.
Confidential Attachments 1 and 2 to the report (September 17, 2012) from the City Solicitor (PW19.1a) remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006 as they deal with litigation or potential litigation and contain advice or communication that are subject to solicitor-client privilege.
Confidential Attachment 1 to the report (October 31, 2012) from the General Manager, Solid Waste Management Services and the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it contains advice that is subject to solicitor-client privilege and it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on November 28, 2012, and considered confidential information on this Item as relates to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege; litigation or personal litigation, including matters before administrative tribunals, affecting the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51629.pdf
(October 31, 2012) Attachment 1 - Draft By-law
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51630.pdf
(October 31, 2012) Confidential Attachment 2 on Draft By-law to Enact City Council's Decision to Prohibit Single-Use Plastic Carryout (Shopping) Bags, and Industry Comments on the Draft By-law, and Implementation Plan
(October 31, 2012) Attachment 3 - Industry Comments from Consultation Session on October 19, 2012
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51632.pdf
(October 22, 2012) Attachment 4 - Letter from the Canadian Restaurant and Food Services Association
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51633.pdf
(October 23, 2012) Attachment 5 - Letter from the Canadian Plastics Industry Association
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51634.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52387.pdf
Confidential Attachment 1 - Letter to Anna Kinastowski, City Solicitor
Confidential Attachment 2 - Confidential Information
(November 23, 2012) Supplementary report from the City Solicitor on Council's June 6-8, 2012 Decision to Prohibit Single-Use Plastic Carryout (Shopping) Bags (PW19.1b)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-52462.pdf
Confidential Attachment 1
Recommendation 1 in Confidential Attachment 1 to the report (November 23, 2012) from the City Solicitor (PW19.1b) - Made public on December 17, 2012
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-53899.pdf
Communications (Committee)
(October 13, 2012) E-mail from Ted Shore (PW.Main.PW19.1.2)
(October 15, 2012) E-mail from Ted Tibor Berger (PW.Main.PW19.1.3)
(October 22, 2012) E-mail from John Alexopoulos (PW.Main.PW19.1.4)
(October 19, 2012) Letter from Eric S. Block, McCarthy Tetrault LLP (PW.Main.PW19.1.5)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-32535.pdf
(October 24, 2012) E-mail from Gayle Fielding (PW.Main.PW19.1.6)
(November 2, 2012) E-mail from Beverly Lyons (PW.Main.PW19.1.7)
(November 2, 2012) E-mail from Frank MacKay (PW.Main.PW19.1.8)
(November 2, 2012) E-mail from Jeff Gillan (PW.Main.PW19.1.9)
(November 3, 2012) E-mail from Lucy Marrello (PW.Main.PW19.1.10)
(November 5, 2012) E-mail from Jean Drain (PW.Main.PW19.1.11)
(November 8, 2012) E-mail from Chuck Burke (PW.New.PW19.1.12)
(November 8, 2012) E-mail from John Bowker (PW.New.PW19.1.13)
(November 8, 2012) Letter from Steven Barkel, Owner, Petro Plastics Corporation Ltd. (PW.New.PW19.1.14)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33119.pdf
(November 9, 2012) Letter from Martin Vogt, President and CEO, EFS-plastics Inc. (PW.New.PW19.1.15)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33157.pdf
(November 9, 2012) E-mail from Steve Ghantous, President, Polytarp Products (PW.New.PW19.1.16)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33158.pdf
(November 9, 2012) Letter from Jim Leo, General Manager, Malpack Polybag Ltd. (PW.New.PW19.1.17)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33163.pdf
(November 12, 2012) Letter from Steve Ghantous, President, Polytarp Products (PW.New.PW19.1.18)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33204.pdf
(November 12, 2012) E-mail from Miriam Drury (PW.New.PW19.1.19)
(November 12, 2012) E-mail from Peter Voldner (PW.New.PW19.1.20)
(November 13, 2012) Submission from Matthew McGuire, President, Toronto Taxpayers Coalition (PW.Main.PW19.1.21)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33394.pdf
(November 13, 2012) Submission from Nita Kang, Managing Director, Toronto Taxpayers Coalition (PW.New.PW19.1.22)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33395.pdf
(November 14, 2012) Submission from Kevin Gaudet, Reverse the Bag Ban Coalition (PW.New.PW19.1.23)
(November 14, 2012) Submission from Gary Rygus, Director, Government Relations (Ontario), Retail Council of Canada (PW.New.PW19.1.24)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33411.pdf
(November 14, 2012) Submission from Hugh Grant (PW.New.PW19.1.25)
(November 14, 2012) Submission from Karen Buck (PW.New.PW19.1.26)
(November 14, 2012) E-mail from Rick Davies (PW.New.PW19.1.27)
Communications (City Council)
(September 28, 2012) Letter from Christopher J. Williams, Aird and Berlis LLP, Barristers and Solicitors (CC.Main.PW19.1.29)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-33510.pdf
(November 18, 2012) E-mail from Linda Makarchuk (CC.Main.PW19.1.30)
(November 12, 2012) Letter from Barbara Everard (CC.Main.PW19.1.31)
Motions (City Council)
November 28, 2012 at 10:54 a.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of PW19.1 - Draft By-law to Enact City Council's Decision to Prohibit Single-Use Plastic Carryout (Shopping) Bags, and Industry Comments on the Draft By-law and Implementation Plan. No motions were moved during the closed session. Council would now proceed with the public debate on the Item.
That:
1. City Council delete the Public Works and Infrastructure Committee Recommendation 1.
2. City Council adopt Recommendation 1 in Confidential Attachment 1 to the report (November 23, 2012) from the City Solicitor (PW19.1b)
3. If adopted, the confidential recommendations in the Confidential Attachment remain confidential until such time as the action authorized by the adoption of the recommendations is taken.
4. All other information contained in the Confidential Attachment remain confidential as it pertains to litigation and contains advice subject to solicitor-client privilege.
Vote (Amend Item) Nov-28-2012 12:01 PM
Result: Carried | Majority Required - PW19.1 - Minnan-Wong - motion 1 |
---|---|
Total members that voted Yes: 38 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan |
Total members that voted No: 7 | Members that voted No are Sarah Doucette, Paula Fletcher, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Ron Moeser, Kristyn Wong-Tam |
Total members that were Absent: 0 | Members that were absent are |
That in the event City Council instructs the City Solicitor to implement Confidential Recommendation 1 in Confidential Attachment 1 to the report (November 23, 2012) from the City Solicitor, City Council re-instate the 5 cent bag fee effective February 1, 2013 and authorize the City Solicitor to submit the necessary bill to give effect to this fee.
Challenged by Councillor Gord Perks
That City Council direct that the information contained in Confidential Attachments 1 and 2 to the report (September 17, 2012) from the City Solicitor (PW19.1a) remain confidential in its entirety it deals with litigation or potential litigation and contain advice or communication that are subject to solicitor-client privilege.
Vote (Amend Item (Additional)) Nov-28-2012 12:02 PM
Result: Carried | Majority Required - PW19.1 - Perks - motion 2b |
---|---|
Total members that voted Yes: 42 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 3 | Members that voted No are Doug Ford, Doug Holyday, Denzil Minnan-Wong |
Total members that were Absent: 0 | Members that were absent are |
That City Council request the Deputy City Manager to report to the June 19, 2013 Public Works and Infrastructure Committee meeting on the benefits and implications of a range of measures to reduce the use and disposal of plastic bags in Toronto.
Vote (Amend Item (Additional)) Nov-28-2012 12:03 PM
Result: Carried | Majority Required - PW19.1 - Davis - motion 3 |
---|---|
Total members that voted Yes: 31 | Members that voted Yes are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 14 | Members that voted No are Paul Ainslie, Vincent Crisanti, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Gloria Lindsay Luby, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Michael Thompson |
Total members that were Absent: 0 | Members that were absent are |
That City Council direct the General Manager, Solid Waste Management Services to report to the June 19, 2013 meeting of Public Works and Infrastructure Committee on a comparison of the number of single-use plastic carryout bags used/disposed of during the period when the 5 cent fee was in effect and for the period when there was no fee.
Vote (Adopt Item as Amended) Nov-28-2012 12:03 PM
Result: Carried | Majority Required - PW19.1 - Adopt the item as amended |
---|---|
Total members that voted Yes: 40 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan |
Total members that voted No: 5 | Members that voted No are Paula Fletcher, Mike Layton, Mary-Margaret McMahon, Ron Moeser, Kristyn Wong-Tam |
Total members that were Absent: 0 | Members that were absent are |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item PW19.1 and take the vote immediately
Vote (End Debate) Nov-28-2012 11:19 AM
Result: Lost | Two-Thirds Required - PW19.1 - End debate |
---|---|
Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mark Grimes, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, Karen Stintz |
Total members that voted No: 21 | Members that voted No are Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Sarah Doucette, Paula Fletcher, Doug Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Ron Moeser, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that were Absent: 3 | Members that were absent are Glenn De Baeremaeker, Mary Fragedakis, Joe Mihevc |
PW19.1 - Draft By-law to Enact City Council's Decision to Prohibit Single-Use Plastic Carryout (Shopping) Bags, and Industry Comments on the Draft By-law and Implementation Plan
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Committee Recommendations
The Public Works and Infrastructure Committee recommends that:
1. City Council implement the decision from its meeting of June 6 to 8, 2012 to prohibit retail stores from distributing single-use plastic carryout (shopping) bags to customers, effective January 1, 2013, by enacting an amendment to Municipal Code Chapter 604, Packaging substantially in the form of the draft by-law attached to the report (October 31, 2012) from the General Manager, Solid Waste Management Services, and the City Solicitor, subject to such stylistic or technical amendments as may be required by the City Solicitor.
2. City Council direct that the information contained in the Confidential Attachment to the report (October 31, 2012) from the General Manager, Solid Waste Management Services, and the City Solicitor, remain confidential in its entirety as it contains advice or communications that are subject to solicitor-client privilege.
Decision Advice and Other Information
The Public Works and Infrastructure Committee Committee recessed its public session and met in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege.
Origin
Summary
This report is in response to City Council's direction to submit the draft plastic carryout bag by-law and to report on the outcome of the consultation with industry stakeholders on the draft by-law and implementation plan.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51629.pdf
(October 31, 2012) Attachment 1 - Draft By-law
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51630.pdf
(October 31, 2012) Confidential Attachment 2 on Draft By-law to Enact City Council's Decision to Prohibit Single-Use Plastic Carryout (Shopping) Bags, and Industry Comments on the Draft By-law, and Implementation Plan
(October 31, 2012) Attachment 3 - Industry Comments from Consultation Session on October 19, 2012
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51632.pdf
(October 22, 2012) Attachment 4 - Letter from the Canadian Restaurant and Food Services Association
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51633.pdf
(October 23, 2012) Attachment 5 - Letter from the Canadian Plastics Industry Association
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-51634.pdf
Communications
(October 13, 2012) E-mail from Ted Shore (PW.Main.PW19.1.2)
(October 15, 2012) E-mail from Ted Tibor Berger (PW.Main.PW19.1.3)
(October 22, 2012) E-mail from John Alexopoulos (PW.Main.PW19.1.4)
(October 19, 2012) Letter from Eric S. Block, McCarthy Tetrault LLP (PW.Main.PW19.1.5)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-32535.pdf
(October 24, 2012) E-mail from Gayle Fielding (PW.Main.PW19.1.6)
(November 2, 2012) E-mail from Beverly Lyons (PW.Main.PW19.1.7)
(November 2, 2012) E-mail from Frank MacKay (PW.Main.PW19.1.8)
(November 2, 2012) E-mail from Jeff Gillan (PW.Main.PW19.1.9)
(November 3, 2012) E-mail from Lucy Marrello (PW.Main.PW19.1.10)
(November 5, 2012) E-mail from Jean Drain (PW.Main.PW19.1.11)
(November 8, 2012) E-mail from Chuck Burke (PW.New.PW19.1.12)
(November 8, 2012) E-mail from John Bowker (PW.New.PW19.1.13)
(November 8, 2012) Letter from Steven Barkel, Owner, Petro Plastics Corporation Ltd. (PW.New.PW19.1.14)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33119.pdf
(November 9, 2012) Letter from Martin Vogt, President and CEO, EFS-plastics Inc. (PW.New.PW19.1.15)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33157.pdf
(November 9, 2012) E-mail from Steve Ghantous, President, Polytarp Products (PW.New.PW19.1.16)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33158.pdf
(November 9, 2012) Letter from Jim Leo, General Manager, Malpack Polybag Ltd. (PW.New.PW19.1.17)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33163.pdf
(November 12, 2012) Letter from Steve Ghantous, President, Polytarp Products (PW.New.PW19.1.18)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33204.pdf
(November 12, 2012) E-mail from Miriam Drury (PW.New.PW19.1.19)
(November 12, 2012) E-mail from Peter Voldner (PW.New.PW19.1.20)
(November 13, 2012) Submission from Matthew McGuire, President, Toronto Taxpayers Coalition (PW.Main.PW19.1.21)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33394.pdf
(November 13, 2012) Submission from Nita Kang, Managing Director, Toronto Taxpayers Coalition (PW.New.PW19.1.22)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33395.pdf
(November 14, 2012) Submission from Kevin Gaudet, Reverse the Bag Ban Coalition (PW.New.PW19.1.23)
(November 14, 2012) Submission from Gary Rygus, Director, Government Relations (Ontario), Retail Council of Canada (PW.New.PW19.1.24)
https://www.toronto.ca/legdocs/mmis/2012/pw/comm/communicationfile-33411.pdf
(November 14, 2012) Submission from Hugh Grant (PW.New.PW19.1.25)
(November 14, 2012) Submission from Karen Buck (PW.New.PW19.1.26)
(November 14, 2012) E-mail from Rick Davies (PW.New.PW19.1.27)
Speakers
Ted Tibor Berger
John Mullinder, Executive Director, Paper and Paperboard Packaging Environmental Council (PPEC)
Gary Sands, Vice-President, Canadian Federation of Independent Grocers
Shaya Petroff
Lela Gary, Coordinator, Air Pollution Coalition
Jessica Lauren Annis, Founder, Operation Pushback
Kevin Gaudet, Reverse the Bag Ban Coalition
Mary Malkin
Gary Rygus, Director of Government Relations, Retail Council of Canada
Hugh Grant
Karen Buck, President, Citizens for a Safe Environment
Emily Alfred, Waste Campaigner, Toronto Environmental Alliance
Rick Davies
Irene Borecky
Glorianne Naiman, Director of Sales, Progress Luv2Pak
David Rasmusson
David Clarance, Retail Bag Co. Ltd.
Councillor Anthony Perruzza
Motions
2:38 p.m. - That the Public Works and Infrastructure Committee recess its public session to meet in closed session to consider this item, as it relates to advice that is subject to solicitor-client privilege